VZCZCXYZ0012
OO RUEHWEB

DE RUEHC #0069 2401814
ZNR UUUUU ZZH
O 281755Z AUG 09
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 090069 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA PIRACY: DEMARCHE REQUEST ON UN ROLE ON 
COMBATTING PIRACY 
 
REF: A. STATE 85798 
     ¶B. USUN NY 648 
     ¶C. USUN NY 697 
 
(SBU)  1.  This is an action request.  USUN is instructed to 
demarche the Department of Political Affairs and Office of 
Legal Affairs Senior Staff as appropriate to deliver the USG 
position on different UN proposals to become more involved in 
combating piracy off the coast of Somalia.  Post may draw 
from background in paragraphs 3-9 to achieve the objectives 
in paragraph 2. 
 
---------- 
OBJECTIVES 
---------- 
 
(SBU)  2.  USUN should pursue the following objectives: 
 
-- Relay USG appreciation for UN's role in suppressing piracy 
off the coast of Somalia, including its role in the Contact 
Group on Piracy off the Coast of Somalia (CGPCS); 
 
-- Express our interest in the prompt establishment of an 
International Trust Fund (ITF) to support piracy prosecution, 
and to be administered by the UN Development Program (UNDP); 
 
-- Note our interest in the several different UN piracy 
proposals and Assistant Secretary-General Menkerios, 
suggestion to form an additional Working Group of the CGPCS 
focusing on "land-based solutions to piracy," but relay the 
USG preference for keeping the CGPCS focused on the piracy 
problem and dealing with the "root causes" of piracy in other 
venues like the International Contact Group (ICG) on Somalia; 
 
-- Encourage the Office of Legal Affairs (OLA) to work with 
UN Office of Drugs and Crime (UNODC), and as appropriate, the 
International Maritime Organization (IMO), United Nations 
Interregional Crime and Justice Research Institute (UNICRI), 
and other UN organizations to encourage the development of 
mechanisms to assist in the tracking and forfeiture of 
financial assets either belonging to pirates or used to 
finance piracy operations. 
-- Urge increased communication between the UN "focal point" 
for coordinating UN efforts on piracy and the CGPCS, and 
propose that a representative of the UN "focal point" 
participate in all CGPCS working group and plenary sessions. 
We hope the UN focal point could also prevent overlap and 
duplication among UN agencies regarding their counter-piracy 
initiatives. 
 
--------------------------------------------- -- 
BACKGROUND - PARTICIPATION IN THE CONTACT GROUP 
--------------------------------------------- -- 
 
(SBU)  3.  In New York City on January 14, 2009, 
representatives of  28 countries and six international 
organizations agreed to form the Contact Group for Piracy off 
the Coast of Somalia.  No process or mechanism was agreed 
upon by which aspirant countries might seek to participate in 
CGPCS plenary and working group meetings (Ref A).  On May 29, 
2009 the CGPCS plenary issued a communique stating "the CGPCS 
is a group of countries and organizations with a common 
interest in eliminating the scourge of piracy from the Gulf 
of Aden and Somali Basin.8 
 
(SBU)  4.  The United States promotes the concept of 
"participation" in the CGPCS rather than "membership." 
Therefore, the United States wishes to make known our intent 
to open all CGPCS fora chaired by the United States to any UN 
member state wishing to participate, with an important 
caveat.  It would be inappropriate to engage in CGPCS fora 
with any nation subject to country-specific measures imposed 
by the United Nations Security Council (UNSC) for 
maritime-related misconduct (smuggling, trafficking, piracy, 
or related crimes) or subject to UNSC resolutions authorizing 
inspection of maritime cargo related to proliferation 
activities or other criminal activity.  Iran, North Korea, 
and Somalia are currently subject to such sanctions; however, 
the United States will continue to encourage the 
participation of Somalia, which is both the primary source 
and a major victim of piracy in the region, and whose 
participation in the CGPCS is critical to the efforts of the 
CGPCS to combat piracy in the region.  While the United 
States recognizes that other chairs may not agree with this 
approach, we will continue to advocate to other chairs for 
participation by any country that meets the above criteria. 
We anticipate that Japan, which will chair the fourth CGPCS 
plenary in New York City on September 10, will apply the same 
criteria.  USUN should respond to inquiries about CGPCS 
participation by asking that the interested parties contact 
the chair of the meeting(s) they wish to attend. 
 
------------------------- 
BACKGROUND - UN PROPOSALS 
------------------------- 
 
(SBU)  5.  UN agencies already participate in the CGPCS, and 
various agencies have also put forth proposals to address 
piracy. 
 
 -- The UN Secretariat has been an observer in CGPCS 
plenaries since the inaugural meeting on January 14, 2009. 
 
-- The UN Department of Political Affairs (DPA) and the 
International Maritime Organization (IMO) participate in the 
CGPCS.  DPA participates in the CGPCS and Working Group (WG) 
2 on judicial issues.  The IMO participates in Working Group 
(WG) 1 (on military coordination, information sharing, and 
capacity building) and WG 3 (on shipping self-awareness and 
other capabilities), and is coordinating efforts to implement 
the Djibouti Code of Conduct.  The U.S. chairs WG 3. 
 
-- UN Office of Drugs and Crime (UNODC) performs a 
secretariat role for WG 2.  UNODC also has several 
outstanding proposals to help develop judicial capacity in 
regional states (i.e. Kenya, Djibouti, Tanzania, Oman, Yemen, 
as well as Somaliland and Puntland).  The European Commission 
has pledged $2.3 million to the UNODC proposal to develop 
judicial capacity in Kenya, and the U.S. has pledged $250,000 
for UNODC anti-piracy assistance programs. 
 
-- The UN Political Office for Somalia (UNPOS) has been 
providing some support to the Egyptian chaired working group 
on public diplomacy/public affairs (WG 4).  UNPOS has put 
together a proposal asking for $500,000 for the next six 
months to implement Working Group 4's communication strategy. 
 The USG has already taken steps to implement elements of the 
communication strategy through elements of our public 
diplomacy programs. 
 
-- UN Interregional Crime and Justice Research Institute 
(UNICRI) is seeking funding for its own set of proposals, 
many of which duplicate efforts already undertaken elsewhere. 
 
-- The UN Country Team for Somalia (based in Kenya) has put 
forward a series of proposals to address the "root causes" of 
piracy, and DPA has proposed creating an additional Working 
Group of the CGPCS to seek land-based solutions to piracy. 
 
------------- 
U.S. Response 
------------- 
 
(SBU)  6.  The USG is appreciative of the UN's efforts to 
contribute to the suppression of the problem of piracy off 
the Somalia coast.  During a meeting with Deputy UN Legal 
Advisor Taskoe-Jensen, Department Officials encouraged OLA to 
focus on strengthening the domestic legal capacity of states 
to prosecute suspected pirates.  We would welcome OLA's 
participating in WG2 of the CGPCS.  OLA should contact the 
Danish chair about attending future meetings. 
 
(SBU)  7.  The SYG in his March report pursuant to resolution 
1846, stated UNPOS would be the "focal point" for all UN 
activities related to piracy, but we understand that the UN 
Department of Political Affairs (DPA) has since taken over 
this role.  We believe a UN focal point to coordinate 
activities among all UN entities and facilitate communication 
between them and the CGPCS would be extremely useful.  A UN 
focal point would also be helpful in preventing duplication 
among UN agencies regarding counter-piracy initiatives.  We 
would urge the UN to have a representative of the UN focal 
point attend all CGPCS and WG meetings. 
 
(SBU)  8.  The U.S. believes that an International Trust Fund 
(ITF) will be a useful vehicle for non-state actors such as 
industry and special interest groups to contribute to 
anti-piracy initiatives such as offsetting the cost of 
prosecuting pirates in regional states and building the 
judicial capacity of regional states to suppress piracy.  We 
understand that Germany is working with the UN regarding a 
proposal to establish an ITF for piracy, and the U.S. looks 
forward to receiving the proposal.  The USG would support the 
UNDP administering the fund.  We do note, however, that the 
IMO has already set up a special trust fund to implement 
regional capacity building programs set forth in the Djibouti 
Code of Conduct, and to which Japan has contributed $15M.  We 
hope these two efforts, as the IMO has assured us, can 
continue to be deconflicted so they do not duplicate efforts 
and compete for the same pool of limited resources. 
 
(SBU)  9. During the May plenary of the CGPCS, A/SYG 
Menkerios also proposed the formation of an additional 
Working Group to examine "land-based solutions to piracy." 
It is our understanding that this proposal would focus on 
providing alternative livelihoods to Somali youth vice 
kinetic operations against pirates ashore.  The CGPCS asked 
the UN to develop a proposal to deliver to the next plenary 
for its consideration.  We very much look forward to 
reviewing this report.  We hope, however, that any proposal 
would not duplicate or interfere with efforts by other groups 
working on this important issue.  While we recognize piracy 
is a symptom of the instability, poverty, and lack of rule of 
law ashore, we feel strongly that the CGPCS should focus 
exclusively on combating  piracy and leave alternative 
livelihood and other development projects for the UN Country 
Team in Somalia, the International Contact Group on Somalia, 
and others already working toward this goal. 
 
--  The concept of an informal multilateral venue of 
likeminded countries to share information on mapping the 
financial infrastructure of pirates and disrupting their 
supporting networks has been discussed among several 
countries and met with notable support.  The U.S. is 
coordinating with the UK on developing a notional agenda to 
present at the September 10 CGPCS plenary that could serve as 
a platform for an initial multilateral meeting. 
 
--------- 
If Raised 
--------- 
 
-- Some in the CGPCS have recommended that the UN Secretariat 
fulfill a secretariat role to the CGPCS.  A/SYG Menkerios, 
however, was clear at the last CGPCS meeting in May that they 
would need additional resources to perform this duty.  The 
USG will not agree to the use of assessed contributions to 
support this Secretariat function.  We are willing to 
continue to perform this function as a national contribution 
to the overall effort.  Should the UN be able to raise 
sufficient voluntary contributions to finance this 
Secretariat function, or should the CGPCS arrive at a 
consensus on other alternatives, the USG would be willing to 
revisit this issue. 
 
---------------- 
DEADLINE AND POC 
---------------- 
 
(SBU)  10. USUN should report back any reaction for the UN by 
September 5, 2009.  Point of Contact at the Department of 
State is Trina Saha, SahaTD@state.gov, 202-647-2641.  PM PDAS 
Tom Countryman will be in New York City September 9-10 to 
consult with USUN and UN senior staff and would welcome 
post,s views on the above points and related issues. 
CLINTON