VZCZCXRO3425
OO RUEHTRO
DE RUEHC #6579/01 3370025
ZNR UUUUU ZZH
O P 020017Z DEC 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 4019
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 04 STATE 126579 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: VOTING INSTRUCTIONS FOR UNSC RESOLUTION 
ON SOMALIA PIRACY 
 
¶1.  The Department instructs USUN to vote in favor of the 
following UN Security Council resolution on Somalia piracy, 
to be considered on Tuesday, December 2. 
 
¶2. Begin text: 
 
The Security Council, 
 
Recalling its previous resolutions concerning the situation 
in Somalia, especially resolutions 1814 (2008), 1816 (2008) 
and 1838 (2008), 
 
Continuing to be gravely concerned by the threat that piracy 
and armed robbery at sea against vessels pose to the prompt, 
safe and effective delivery of humanitarian aid to Somalia, 
to international navigation and the safety of commercial 
maritime routes, and to other vulnerable ships, including 
fishing activities in conformity with international law, 
 
Reaffirming its respect for the sovereignty, territorial 
integrity, political independence and unity of Somalia, 
 
Further reaffirming that international law, as reflected in 
the United Nations Convention on the Law of the Sea of 10 
December 1982 ("the Convention"), sets out the legal 
framework applicable to combating piracy and armed robbery at 
sea, as well as other ocean activities, 
 
Taking into account the crisis situation in Somalia, and the 
lack of capacity of the Transitional Federal Government 
("TFG") to interdict pirates or patrol and secure either the 
international sea lanes off the coast of Somalia or Somalia's 
territorial waters, 
 
 Taking note of the requests from the TFG for international 
assistance to counter piracy off its coasts, including the 1 
September 2008 letter from the President of Somalia to the 
Secretary-General of the United Nations expressing the 
appreciation of the TFG to the Security Council for its 
assistance and expressing the TFG's willingness to consider 
working with other States and regional organizations to 
combat piracy and armed robbery at sea off the coast of 
Somalia, the 20 November 2008 letter conveying the request of 
the TFG that the provisions of resolution 1816 (2008) be 
renewed, and the 20 November request of the Permanent 
Representative of Somalia before the Security Council that 
the renewal be for an additional 12 months; 
 
Further taking note of the letters from the TFG to the 
Secretary-General providing advance notification with respect 
to States cooperating with the TFG in the fight against 
piracy and armed robbery at sea off the coast of Somalia and 
from other Member States to the Security Council to inform 
the Council of their actions, as requested in paragraphs 7 
and 12 of 1816 (2008), and encouraging those cooperating 
States, for which advance notification has been provided by 
the TFG to the Secretary-General, to continue their 
respective efforts, 
 
Expressing again its determination to ensure the long-term 
security of World Food Programme (WFP) maritime deliveries to 
Somalia, 
 
Recalling that in its resolution 1838 (2008) it commended the 
contribution made by some States since November 2007 to 
protect (WFP) maritime convoys, and the establishment by the 
European Union (EU) of a coordination unit with the task of 
supporting the surveillance and protection activities carried 
out by some member States of the European Union off the coast 
of Somalia , as well as other international and national 
initiatives taken with a view to implementing resolutions 
1814 (2008) and 1816 (2008), 
 
Emphasizing that peace and stability within Somalia, the 
strengthening of State institutions, economic and social 
development and respect for human rights and the rule of law 
are necessary to create the conditions for a full eradication 
of piracy and armed robbery at sea off the coast of Somalia; 
 
Welcoming the signing of a peace and reconciliation Agreement 
("the Djibouti Agreement") between the TFG and the Alliance 
for the Re-Liberation of Somalia on 19 August 2008, as well 
as their signing of a joint ceasefire agreement on 26 October 
2008, noting that the Djibouti Agreement calls for the United 
Nations to authorize and deploy an international 
stabilization force, and further noting the 
secretary-general's report on Somalia of 17 November 2008, 
 
STATE 00126579  002 OF 004 
 
 
including his recommendations in this regard; 
 
Commending the key role played by the African Union Mission 
to Somalia (AMISOM) in facilitating delivery of humanitarian 
assistance to Somalia through the port of Mogadishu and the 
contribution that AMISOM has made towards the goal of 
establishing lasting peace and stability in Somalia, and 
recognizing specifically the important contributions of the 
Governments of Uganda and Burundi to Somalia, 
 
Welcoming the organization of a ministerial meeting of the 
Security Council in December 2008 to examine ways to improve 
international coordination in the fight against piracy and 
armed robbery off the coast of Somalia and to ensure that the 
international community has the proper authorities and tools 
at its disposal to assist it in these efforts, 
 
Determining that the incidents of piracy and armed robbery 
against vessels in the territorial waters of Somalia and the 
high seas off the coast of Somalia exacerbate the situation 
in Somalia which continues to constitute a threat to 
international peace and security in the region, 
 
Acting under Chapter VII of the Charter of the United Nations, 
 
¶1. Reiterates that it condemns and deplores all acts of 
piracy and armed robbery against vessels in territorial 
waters and the high seas off the coast of Somalia; 
 
¶2. Expresses its concern over the finding contained in the 20 
November 2008 report of the Monitoring Group on Somalia that 
escalating ransom payments are fueling the growth of piracy 
off the coast of Somalia; 
 
¶3. Welcomes the efforts of the International Maritime 
Organization ("IMO") to update its guidance and 
recommendations to the shipping industry and to governments 
for preventing and suppressing piracy and armed robbery at 
sea and to provide this guidance as soon as practicable to 
all Member States and to the international shipping community 
operating off the coast of Somalia; 
 
¶4. Calls upon States, in cooperation with the shipping 
industry, the insurance industry and the IMO, to issue to 
ships entitled to fly their flag appropriate advice and 
guidance on avoidance, evasion, and defensive techniques and 
measures to take if under the threat of attack or attack when 
sailing in the waters off the coast of Somalia; 
 
¶5. Further calls upon States and interested organizations, 
including the IMO, to provide technical assistance to Somalia 
and nearby coastal States upon their request to enhance the 
capacity of these States to ensure coastal and maritime 
security, including combating piracy and armed robbery at sea 
off the Somali and nearby coastlines; 
 
¶6. Welcomes initiatives by Canada, Denmark, France, India, 
The Netherlands, the Russian Federation, Spain, the United 
Kingdom, the United States of America, and by regional and 
international organizations to counter piracy off the coast 
of Somalia pursuant to resolutions 1814 (2008), 1816 (2008) 
and 1838 (2008), the decision by the North Atlantic Treaty 
Organization (NATO) to counter piracy off the Somalia coast, 
including by escorting vessels of the WFP, and in particular 
the decision by the EU on 10 November 2008 to launch, for a 
period of 12 months from December 2008, a naval operation to 
protect WFP maritime convoys bringing humanitarian assistance 
to Somalia and other vulnerable ships, and to repress acts of 
piracy and armed robbery at sea off the coast of Somalia; 
 
 ¶7. Calls upon States and regional organizations to 
coordinate, including by sharing information through 
bilateral channels or the United Nations, their efforts to 
deter acts of piracy and armed robbery at sea off the coast 
of Somalia in cooperation with each other, the IMO, the 
international shipping community, flag States, and the TFG; 
 
 ¶8. Requests the Secretary-General to present to it a report, 
no later than 3 months after the adoption of this resolution, 
on ways to ensure the long-term security of international 
navigation off the coast of Somalia, including the long-term 
security of WFP maritime deliveries to Somalia and a possible 
coordination and leadership role for the United Nations in 
this regard to rally Member States and regional organizations 
to counter piracy and armed robbery at sea off the coast of 
Somalia; 
 
 ¶9. Calls upon States and regional organizations that have 
the capacity to do so, to take part actively in the fight 
against piracy and armed robbery at sea off the coast of 
Somalia, in particular, consistent with this resolution and 
relevant international law, by deploying naval vessels and 
 
STATE 00126579  003 OF 004 
 
 
military aircraft, and through seizure and disposition of 
boats, vessels, arms and other related equipment used in the 
commission of piracy and armed robbery off the coast of 
Somalia, or for which there is reasonable ground for 
suspecting such use; 
 
¶10. Decides that for a period of 12 months from the date of 
this resolution States and Regional Organizations cooperating 
with the TFG in the fight against piracy and armed robbery at 
sea off the coast of Somalia, for which advance notification 
has been provided by the TFG to the Secretary General, may: 
 
(a) Enter into the territorial waters of Somalia for the 
purpose of repressing acts of piracy and armed robbery at 
sea, in a manner consistent with such action permitted on the 
high seas with respect to piracy under relevant international 
law; and 
 
(b) Use, within the territorial waters of Somalia, in a 
manner consistent with such action permitted on the high seas 
with respect to piracy under relevant international law, all 
necessary means to repress acts of piracy and armed robbery 
at sea; 
 
¶11. Affirms that the authorizations provided in this 
resolution apply only with respect to the situation in 
Somalia and shall not affect the rights or obligations or 
responsibilities of Member States under international law, 
including any rights or obligations under the Convention, 
with respect to any other situation, and underscores in 
particular that this resolution shall not be considered as 
establishing customary international law; and affirms further 
that such authorizations have been provided only following 
the receipt of the 20 November letter conveying the consent 
of the TFG. 
 
¶12. Affirms that the measures imposed by paragraph 5 of 
resolution 733 (1992) and further elaborated upon by 
paragraphs 1 and 2 of resolution 1425 (2002) do not apply to 
supplies of technical assistance to Somalia solely for the 
purposes set out in paragraph 5 above which have been 
exempted from those measures in accordance with the procedure 
set out in paragraphs 11 (b) and 12 of resolution 1772 
(2007); 
 
¶13. Requests that cooperating states take appropriate steps 
to ensure that the activities they undertake pursuant to the 
authorization in paragraph 10 do not have the practical 
effect of denying or impairing the right of innocent passage 
to the ships of any third State; 
 
 ¶14. Calls upon all States, and in particular flag, port and 
coastal States, States of the nationality of victims and 
perpetrators of piracy and armed robbery, and other States 
with relevant jurisdiction under international law and 
national legislation, to cooperate in determining 
jurisdiction, and in the investigation and prosecution of 
persons responsible for acts of piracy and armed robbery off 
the coast of Somalia, consistent with applicable 
international law including international human rights law, 
and to render assistance by, among other actions, providing 
disposition and logistics assistance with respect to persons 
under their jurisdiction and control, such victims and 
witnesses and persons detained as a result of operations 
conducted under this resolution; 
 
 ¶15. Notes that the 1988 Convention for the Suppression of 
Unlawful Acts Against the Safety of Maritime Navigation ("SUA 
Convention") provides for parties to create criminal 
offenses, establish jurisdiction, and accept delivery of 
persons responsible for or suspected of seizing or exercising 
control over a ship by force or threat thereof or any other 
form of intimidation; urges States parties to the SUA 
Convention to fully implement their obligations under said 
convention and cooperate with the Secretary-General and the 
IMO to build judicial capacity for the successful prosecution 
of persons suspected of piracy and armed robbery at sea off 
the coast of Somalia; 
 
 ¶16. Requests States and regional organizations cooperating 
with the TFG to inform the Security Council and the 
Secretary-General within 9 months of the progress of actions 
undertaken in the exercise of the authority provided in 
paragraph 10 above; 
 
       ¶17. Requests the Secretary-General to report to the 
Security Council within 11 months of adoption of this 
resolution on the implementation of this resolution and on 
the situation with respect to piracy and armed robbery in 
territorial waters and the high seas off the coast of Somalia; 
 
       ¶18. Requests the Secretary-General of the IMO to brief 
 
STATE 00126579  004 OF 004 
 
 
the Council on the basis of cases brought to his attention by 
the agreement of all affected coastal states, and duly taking 
into account the existing bilateral and regional cooperative 
arrangements, on the situation with respect to piracy and 
armed robbery; 
 
       ¶19. Expresses its intention to review the situation 
and consider, as appropriate, renewing the authority provided 
in paragraph 10 above for additional periods upon the request 
of the TFG; 
 
       ¶20. Decides to remain seized of the matter. 
 
 
 
 
end text. 
RICE