VZCZCXRO2087
OO RUEHTRO
DE RUEHC #5229/01 3102303
ZNR UUUUU ZZH
O 062257Z NOV 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 8541
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 04 STATE 115229 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: DRAFT UN SECURITY COUNCIL RESOLUTION ON SOMALI 
PIRACY 
 
REF: SAHA 11-02-09 E-MAIL RE: PIRACY RESOLUTION RENEWAL 
 
 ¶1. Action Request:  USUN is instructed to share the draft 
resolution in paragraph 2 with the members of the Security 
Council, and to report reactions to the Department.  End 
request. 
 
¶2. Begin text of draft UN Security Council 1846/1851 renewal 
resolution: 
 
-- The Security Council, 
 
-- i. Recalling its previous resolutions concerning the 
situation in Somalia, especially resolutions 1814 (2008), 
1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), and 1851 
(2008), (PP1 1851 updated) 
 
ii.  Continuing to be gravely concerned by the ongoing threat 
that piracy and armed robbery at sea against vessels pose to 
the prompt, safe, and effective delivery of humanitarian aid 
to Africa, to international navigation and the safety of 
commercial maritime routes, and to other vulnerable ships, 
including fishing activities in conformity with international 
law and the extended range of the piracy threat into the 
western Indian Ocean, (PP2 1846 updated) 
 
iii. Reaffirming its respect for the sovereignty, territorial 
integrity, political independence and unity of Somalia, (PP3 
1846) 
 
iv.  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, (PP4 1846 and 1851) 
 
v.   Again taking into account the crisis situation in 
Somalia, and the lack of capacity of the Transitional Federal 
Government (TFG) to interdict, or upon interdiction to 
prosecute pirates or to patrol or secure the waters off the 
coast of Somalia, including the international sea lanes and 
Somalia's territorial waters, (PP5 1851) 
 
vi.  Noting the several requests from the TFG for 
international assistance to counter piracy off its coast, 
including the letter of 2 November 2009 from the President of 
the TFG expressing the appreciation of the TFG to the 
Security Council for its assistance, expressing the TFG's 
willingness to consider working with other States and 
regional organizations to combat piracy and armed robbery off 
the coast of Somalia, and requesting that the provisions of 
resolutions 1846 (2008) and 1851 (2008)  be renewed for an 
additional twelve months, (PP6 1851 updated and shortened) 
 
vii.  Commending the efforts of the EU operation Atalanta, 
NATO operations Allied Protector and Ocean Shield, Combined 
Maritime Forces' Combined Task Force 151, India, Iran, Japan, 
Malaysia, People's Republic of China, Russia, Saudi Arabia, 
Seychelles, Yemen and other States acting in a national 
capacity in cooperation with the TFG and each other, to 
suppress piracy and to protect vulnerable ships transiting 
through the waters off the coast of  Somalia, (PP7 1851 
updated) 
 
viii.  Noting with concern that the continuing lack of 
capacity and domestic legislation to facilitate the custody 
and prosecution of suspected pirates after their capture, has 
hindered more robust international action against the pirates 
off the coast of Somalia, and in some cases has led to 
pirates being released without facing justice, even when 
there is sufficient evidence to support prosecution, and 
reiterating that the 1988 Convention for the Suppression of 
Unlawful Acts Against the Safety of Maritime Navigation ("SUA 
Convention") provides for parties to create criminal 
offences, 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, and stressing the need for all states 
to criminalize piracy under their domestic law and to 
favorably consider the prosecution of suspected pirates when 
their national interests are affected, (updated PP 9 1851) 
 
ix.   Commending the Republic of Kenya's significant efforts 
to prosecute suspected pirates in its national courts, and 
noting with appreciation the assistance being provided by the 
United Nations Office of Drugs and Crime (UNODC) and other 
 
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international organizations and donors, in coordination with 
the Contact Group on Piracy off the Coast of Somalia, to 
support Kenya and other states in the region taking steps to 
prosecute or incarcerate captured pirates consistent with 
applicable international human rights law, (new PP) 
 
x.   Further noting with appreciation the ongoing efforts by 
UNODC and UNDP to support the authorities of the TFG, 
Somaliland and Puntland in their efforts to enhance the 
capacity of their corrections system to incarcerate convicted 
pirates consistent with applicable international human rights 
law, (new PP) 
 
xi.  Welcoming the adoption of the Djibouti Code of Conduct 
concerning the Repression of  Piracy and Armed Robbery 
against Ships in the Western Indian Ocean and the Gulf of 
Aden, the International Trust Fund Supporting Initiatives of 
the Contact Group on Piracy off the Coast of Somalia, and the 
establishment of the International Maritime Organization 
(IMO) Djibouti Code of Conduct Trust Fund, and recognizing 
the efforts of signatory states to develop the appropriate 
regulatory and legislative frameworks to combat piracy, 
enhance their capacity to patrol the waters of the region, 
interdict suspect vessels, and prosecute suspected pirates, 
and the wider benefits these capacity-building efforts will 
have for a range of maritime security threats to the region, 
(new PP) 
 
xii. 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, 
(PP 10 1846) 
 
xiii. Determining that the incidents of piracy and armed 
robbery against vessels in the waters off the coast of 
Somalia exacerbate the situation in Somalia, which continues 
to constitute a threat to international peace and security in 
the region, (shortened PP 14 and 11 1846 and 1851) 
 
--  Acting under Chapter VII of the Charter of the United 
Nations, (PP 15 1846 and PP12 1851) 
 
¶1.    Reiterates that it condemns and deplores all acts of 
piracy and armed robbery against vessels in the waters off 
the coast of Somalia; (OP 1 1846 and 1851) 
 
¶2.    Notes again its  concern regarding the findings 
contained in the 10 December 2008 report of the Monitoring 
Group on Somalia (S/2008/769, page 55) that escalating ransom 
payments are fueling the growth of piracy off the coast of 
Somalia, (OP 9 1851 revised) 
 
¶3.    Renews its call upon States and regional organizations 
that have the capacity to do so, to take part in the fight 
against piracy and armed robbery at sea off the coast of 
Somalia, in particular, consistent with this resolution and 
international law, by deploying naval vessels, arms and 
military aircraft and through seizures and disposition of 
boats, vessels, arms and other related equipment used in the 
commission of piracy and armed robbery at sea off the coast 
of Somalia, or for which there are reasonable grounds for 
suspecting such use; (OP 9 1846) 
 
¶4.    Welcomes the formation of the Contact Group on Piracy 
off the Coast of Somalia ("CGPCS") as a mechanism through 
which members may, in addition to sharing information through 
bilateral channels or through the United Nations, coordinate 
their efforts to deter acts of piracy and armed robbery at 
sea off the coast of Somalia, in cooperation with each other, 
the IMO, flag States, and the TFG; (New OP, but includes 
elements from OP 7 1846) 
 
¶5.    Calls upon States and interested organizations, 
including the IMO, to provide technical assistance to Somalia 
(including regional authorities) 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; (edited OP5 1846) 
 
¶6.    Invites all States and regional organizations fighting 
piracy off the coast of Somalia to conclude special 
agreements or arrangements with countries willing to take 
custody of pirates in order to embark law enforcement 
officials (&shipriders8) from the latter countries, in 
particular countries in the region, to facilitate the 
investigation and prosecution of persons detained as a result 
of operations conducted under this resolution for acts of 
piracy and armed robbery at sea off the coast of Somalia, 
 
STATE 00115229  003 OF 004 
 
 
provided that the advance consent of the TFG is obtained for 
the exercise of third state jurisdiction by shipriders in 
Somali territorial waters and that such agreements or 
arrangements do not prejudice the effective implementation of 
the SUA Convention; (OP 3 1851) 
 
¶7.    Encourages Member States to continue to cooperate with 
the TFG in the fight against piracy and armed robbery at sea, 
notes the primary role of the TFG in the fight against piracy 
and armed robbery at sea, and decides that for a period of 
twelve 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; 
 
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; and 
 
c.    For the purpose of repressing acts of piracy and armed 
robbery at sea, undertake all necessary measures that are 
appropriate in Somalia, pursuant to the request of the TFG, 
provided, however, that any measures undertaken pursuant to 
the authority of this paragraph shall be undertaken 
consistent with applicable international humanitarian and 
human rights law; (combined OP 10 of 1846 and OP 6 1851) 
 
¶8.    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 2 November 2009 letter conveying the 
consent of the TFG; (Updated OP 11 1846 and OP 10 1851) 
 
¶9.    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 
weapons and military equipment destined for the sole use of 
Member States and regional organizations undertaking measures 
in accordance with paragraph 7 above or to supplies of 
technical assistance to Somalia solely for the purposes set 
out in paragraphs 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); (OP 12 
1846 and OP 11 1851 combined) 
 
¶10.   Requests that cooperating States take appropriate steps 
to ensure that the activities they undertake pursuant to the 
authorization in paragraph 7 do not have the practical effect 
of denying or impairing the right of innocent passage to the 
ships of any third State; (OP 13 1846) 
 
¶11.   Calls on Member States to assist Somalia, at the 
request of the TFG and with notification to the 
Secretary-General, to strengthen capacity in Somalia to bring 
to justice those who are using Somali territory to plan, 
facilitate, or undertake criminal acts of piracy and armed 
robbery at sea, and stresses that any measures undertaken 
pursuant to this paragraph shall be consistent with 
applicable international human rights law; (updated OP 7 1851) 
 
¶12.   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 as victims and 
witnesses and persons detained as a result of operations 
conducted under this resolution; (updated OP 14 1846) 
 
¶13.   Urges States parties to the SUA Convention to fully 
 
STATE 00115229  004 OF 004 
 
 
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; ( shortened OP 15 1846) 
 
¶14.   Welcomes the revisions by the IMO to its 
recommendations and guidance on preventing and suppressing 
piracy and armed robbery against ships, and urges States in 
collaboration with the shipping and insurance industries, and 
the IMO to continue to implement and develop avoidance, 
evasion, and defensive best practices and advisories to take 
when under attack or when sailing in the waters off the coast 
of Somalia, and further urges States to make their citizens 
and vessels available for forensic investigation as 
appropriate at the first port of call immediately following 
an act or attempted act of piracy or armed robbery at sea or 
release from captivity; (updated OP 12 1851) 
 
¶15.   Requests States and regional organizations cooperating 
with the TFG to inform the Security Council and the 
Secretary-General within nine months of the progress of 
actions undertaken in the exercise of the authority provided 
in paragraph 7 above; (updated OP 16 1846) 
 
¶16.   Requests the Secretary-General to report to the 
Security Council within 11 months of the adoption of this 
resolution on the implementation of this resolution and on 
the situation with respect to piracy and armed robbery at sea 
off the coast of Somalia; (edited 1846 OP 17) 
 
¶17.   Expresses its intention to review the situation and 
consider, as appropriate, renewing the authority provided in 
paragraph 7 above for additional periods upon the request of 
the TFG; (OP 19 1846) 
 
¶18.   Decides to remain seized of the matter. (OP 20 1846 and 
OP 13 1851) 
 
End Text. 
CLINTON