Cablegate: Somali Piracy: Building Blocks for Unsc November

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OO RUEHWEB

DE RUEHC #7724 3180141
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O 140136Z NOV 09
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 117724

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALI PIRACY: BUILDING BLOCKS FOR UNSC NOVEMBER
18 OPEN DEBATE

1. Action Request: USUN should draw from the building
blocks in paragraph 2 below in drafting the statement for the
UN Security Council open debate on piracy off the coast of
Somalia on November 18, 2009. End action.

2. Begin building blocks:

Humanitarian

-- It is clear that piracy off the coast of Somalia is a
symptom of the instability and lack of governance on land.
Economic development, political stability, and the
humanitarian situation are all dependent on security and good
governance. We look forward to working with the local,
regional, and national leadership in Somalia towards those
goals.

-- Much of Somalia's piracy originates in the
semi-autonomous, sub-national region of Puntland. Addressing
piracy requires the local government hold those engaged in
piratical activity accountable.

Supporting Stability in South and Central Somalia

-- To sustain the goals of long-term peace and stability in
Somalia, the United States supports the deployment of the
African Union Mission in Somalia (AMISOM), the development of
the Transitional Federal Government,s security institutions,
and the establishment of effective governance based on a
process of inclusive political dialogue and reconciliation.

-- The United States views supporting AMISOM, in particular,
as central to stabilizing Mogadishu and supporting the
Djibouti Peace Process. Accordingly, the U.S. is the largest
financial supporter of AMISOM, which facilitates the delivery
of humanitarian assistance to Somalia, protects key
installations in Mogadishu, and provides political space for
a Somali-led reconciliation process.

-- We also encourage States, together with industry and the
International Maritime Organization, to explore the
possibility of providing training and employment
opportunities in the maritime industry to Somalis. This
effort could provide a viable alternative to Somalis even as
we continue to address piracy and its root causes.

-- The promotion of security and political stability in
Somalia, especially south and central Somalia, is a long-term
process. While these efforts are underway, however, piracy
off the coast of Somalia threatens the delivery of
humanitarian aid and economic development. To address this
problem successfully, the United States believes that
coordination and cooperation among international and regional
actors is essential.

U.S. Approach to Piracy

-- States and international organizations participating in
the Contact Group on Piracy off the Coast of Somalia (CGPCS)
have already made significant contributions to the effort to
suppress piracy off the coast of Somalia, and I would like to
note that the United States greatly appreciates the role the
United Nations has played in this regard.

-- From the CGPCS,s inception, the UN has been a productive
and active participant. The UN Office of Drugs and Crime,
for example, serves as the secretariat for Working Group 2,
the judicial working group with a focus on ensuring suspected
pirates are prosecuted, and is carrying out important work to
enhance the judicial capacity of regional states to prosecute
suspected pirates. We commend the work done by the UN Office
of the Legal Adviser in support of WG2. The IMO was
instrumental in bringing this situation of piracy to the
Security Council,s attention, has ably facilitated the work
of the CGPCS working groups, and, parallel with CGPCS
capacity-building efforts, has established and is
coordinating the implementation of the Djibouti Code of
Conduct.

-- The CGPCS has proven to be an effective means of
coordinating counter-piracy initiatives, yet piracy off the
coast of Somalia continues. Clearly, our efforts must
continue.

-- We would like to commend the efforts of the European Union
Operation Atalanta, NATO Operations Allied Protector and
Ocean Shield, Combined Maritime Forces, Combined Task Force
151, and individual States to combat piracy and protect
vulnerable ships transiting through the waters off the coast
of Somalia. The Shared Awareness and Deconfliction (SHADE)
meetings have provided excellent tactical coordination, and
we thank all partners for their participation in the SHADE
process. We hope that nations will continue to prioritize
and contribute to these initiatives, as they play an
important role in deterring piracy.

-- Countering piracy, however, is not the responsibility of
States alone. The International Maritime Organization (IMO)
has developed recommendations and guidance on preventing and
suppressing piracy and armed robbery against ships. We hope
that both States and the shipping and insurance industries
will work together with the IMO to continue to develop and
implement best practices to avoid and defend against pirate
attacks.

-- On September 10, 2009, the United States along with
representatives from Japan, the Republic of Cyprus, the
Republic of Singapore, and the United Kingdom of Great
Britain and Northern Ireland signed the New York Declaration,
a political commitment to ensure vessels operating under the
signatories' flags implement internationally recognized best
management practices for self-protection to reduce the
success rate of acts of piracy. These internationally
recognized best management practices include the IMO
guidance, guidance produced by industry and labor, and
guidance issued by flag states. We encourage other States
to sign the New York Declaration, and to require vessels to
implement self-protection measures.

-- If suspected pirates are captured, we strongly believe
that it is the responsibility of affected states to favorably
consider prosecuting the offenders. We recognize that in
some circumstances the states directly affected may be unable
to prosecute, and we commend states, in particular Kenya,
that have taken the lead in prosecuting pirates. It is
imperative, however, that we expand the options for the
national prosecution of pirates. Capturing suspected pirates
and releasing them without judicial consequences when there
is sufficient evidence to support prosecution only encourages
piracy by creating a perception of impunity.

-- States should ensure that they have domestic criminal
legislation in place to support the prosecution of the crime
of piracy in their national courts. The United States
believes that states should favorably consider prosecution if
a States, nationals are the owners or crew of the vessel
attacked, or if a nation is the flag-state of the vessel.

-- States should also support national prosecutions by other
States willing and able to do so, or assist regional States
to enhance their capacity to prosecute and incarcerate
pirates. We hope that States will utilize the International
Trust Fund Supporting Initiatives of the Contact Group on
Piracy off the Coast of Somalia to support these efforts.

-- We would also like to acknowledge Japan,s generous
donation to the IMO Djibouti Code of Conduct Trust Fund.

-- As the UN report noted, pirate attacks have increased over
the last year. We believe that the payment of ransom has
played a significant role in contributing to this trend. The
Government of the United States has a firm &no concessions8
policy when dealing with hostage takers, including pirates,
and we would encourage all states to adopt such a policy when
dealing with pirates.

-- The scourge of piracy off the coast of Somalia affects us
all through increased risk to our citizens, disruption of
global commercial shipping routes, and damage to property and
goods. Piracy results in higher costs for both
international corporations and small entrepreneurs that rely
on international shipping to reach overseas markets. This
translates into higher prices for goods throughout the world
as businesses must absorb higher insurance costs, turn to
longer shipping routes, and implement counter-piracy security
measures in response to the problem. Governments involved in
counter-piracy initiatives off the coast of Somalia also face
costs as they work to protect the waters for safe passage.

Renewal of 1846/1851

-- United Nations Security Council resolutions 1846 (2008)
and 1851 (2008) provide a basis for on-going counter-piracy
military operations, and the United States believes renewing
the authorities these resolutions provide is essential for
future counter-piracy efforts.

-- These authorities offer the best possibility for
preventing pirates from using Somali territorial waters,
land, and air as a safe haven to elude forces operating in
the area. For example, operating under the authority of
UNSCRs 1846 and 1851, the United States has undertaken
actions within the territorial sea of Somalia to ensure that
dangerous cargo is not offloaded from pirated ships to
individuals or entities for use in a manner that would be
destabilizing to the region. These resolutions also enable a
powerful deterrent effect, encouraging member states to more
frequently patrol and secure the waters off the coast of
Somalia.
End text.
CLINTON

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