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OO RUEHWEB

DE RUEHC #1740 2671956
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O P 231951Z SEP 08
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS STATE 101740 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM SO XA XW
SUBJECT: SOMALIA: TALKING POINTS AND NEGOTIATING 
INSTRUCTIONS ON FRENCH PIRACY RESOLUTION 
 
¶1.  USUN is instructed to draw from the talking points in 
paragraph 2 to affect the changes desired in the French draft 
resolution on Somalia piracy, in paragraph 3, for the UNSC 
experts meeting on September 23. 
 
¶2.  Being talking points: 
 
-- We would like to thank the French for taking the 
initiative and proposing this resolution.  The French have 
been clear leaders in the fight against piracy and armed 
robbery at sea, especially off the Somali coast. 
 
-- The United States remains concerned about piracy and armed 
robbery at sea particularly in Somalia.  We are especially 
worried about ensuring the delivery of life-saving 
humanitarian assistance to the Somali people.  We are 
grateful to France for establishing a WFP escort program in 
November 2007.  We are also grateful to the Governments of 
Denmark, the Netherlands, and Canada for their subsequent and 
steadfast support and participation in the WFP escort mission. 
 
-- We note with concern that Canada's escort duty will end on 
September 27 and, to date, no other nation has offered to 
take over the program.  Without an escort WFP deliveries to 
Somalia will not continue, which could potentially 
destabilize the entire region.  The United States looks 
forward to working with the international community to find a 
long-term solution to providing adequate security to WFP 
shipping to Somalia.  We believe the United Nations could 
play a role in securing this vital humanitarian aid.  We 
would even be open to the UN assuming the administration of 
the WFP escort convoy missions as part of a greater UN 
Peacekeeping Operation to Somalia. 
 
-- We think the French resolution will set the stage for 
greater international involvement in providing security to 
WFP shipping, as well as combating piracy in Somali 
territorial waters.  We, however, would like to offer the 
following edits to the text: 
 
-- In PP2 we feel the term "multiplication" is awkward and 
suggest an alternative perhaps, "proliferation".  Also "at 
sea" should be added after "armed robbery".  References to 
"armed robbery at sea" should be added throughout the 
document in conjunction with references to piracy. (Note to 
USUN: this is a low priority) 
 
-- In PP3 add "and armed robbery at sea" after the words 
"acts of piracy" . (low priority) 
 
-- In PP4 add "at sea" after "armed robbery".  (low priority) 
 
--In PP5 "p" in "WFP" should be capitalized.  Also we propose 
adding the following text, "the establishment by the Combined 
Maritime Forces in the Gulf of Aden to establish a Maritime 
Security Patrol Area in international waters off the coast of 
Somalia to counter destabilizing activities in the region," 
immediately after "...by some Member States of the European 
Union off the coast of Somalia,"  The MSPA was a major 
initiative of the Combined Maritime Forces to combat piracy 
in the region and should be acknowledged as such. (high 
priority) 
 
-- We propose adding PP5bis that would read "Noting recent 
humanitarian reports that as many as three-and-a-half million 
Somalis will be dependent on humanitarian food aid by the end 
of the year, and that maritime contractors for the WFP will 
not deliver food aid to Somalia without naval warship 
escorts, and examining the Security Council's intention to 
consider a follow-on resolution in the coming days to ensure 
the long-term security of WFP deliveries to Somalia, 
including assuming the administration of the WFP escort 
convoy mission as part of a UN Peacekeeping Mission to 
Somalia,"  Interrupting piracy in the area is an important 
priority, but outside of the humanitarian vessels that are 
hijacked, an issue that does not affect the lives of most 
Somali citizens.  We are supporting the French resolution 
today, as we did in leading efforts to pass 1816, to address 
the problem of piracy.  However, we believe the Council 
should also act immediately to ensure the long-term security 
of WFP deliveries to Somalia.  As part of this process, we 
look forward to working with you in the coming weeks to 
examine the feasibility of having the UN assume the 
administration of the WFP escort convoy missions as part of a 
greater UN PKO to Somalia. (HIGH PRIORITY-RED LINE) 
 
-- In PP9  We feel we should use the same threat 
determination as in 1816.  Therefore suggest deleting "the 
acts" and replacing with "the incidents".  Also we suggest 
deleting "off the coast of Somalia" and inserting after 
"against vessels" the following: "in the territorial waters 
of Somalia and the high seas off the coast of Somalia." 
(medium priority) 
 
-- In OP1 would like to add "reiterates that it"  before 
"condemns".  Also add "at sea" after "armed robbery" (low 
priority) 
 
-- In OP2 add "and armed robbery at sea" after "against 
piracy" (low priority) 
 
-- In OP3 add "and within the territorial waters of Somalia 
to prevent and repress acts of piracy and armed robbery at 
sea."  We would also like to delete "to take all necessary 
measures" and also delete after the word "Convention" the 
following: "for the prevention and repression of acts of 
piracy."  Further, we would like to add after "convention", 
"and as set forth in paragraph 7 of resolution 1816, 
including by seizing the proceeds of piracy, and seizing and 
disposing of boats, vessels, arms and other related 
equipment." 
 
We feel that the "all necessary means/measures" language 
followed by "consistent with international law" is confusing. 
 This language is generally used to override any 
international law constraints.  Our edit avoids this 
confusion.  We wish to add the seizure language because we 
feel it is important to clarify that these sorts of acts are 
permitted under international law.  We understand some of our 
European colleagues may require this concrete language for 
additional legal assurances. (high priority) 
 
-- In OP5 we would like to delete "the Somali population" and 
replace it with "affected populations in the region."  It is 
more precise. (low priority) 
 
-- We would also like to add a 5bis that reads, "Urges that 
States issue to ships entitled to fly their flag advice and 
guidance on precautionary measures to protect themselves from 
attack or actions to take if under attack or the threat of 
attack when sailing in waters off the coast of Somalia;"  The 
Council should make it clear that while military efforts are 
indeed important, the shipping industry should shoulder some 
responsibility in prevention activities. (high priority) 
 
--  We would also like to add a OP6bis that reads, "Urges all 
States, and in particular flag, port and coastal States, 
States of the nationality of victims and perpetrators of 
piracy and armed robbery at sea, 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 at sea 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 
resolution 1816 and this resolution;"  This languages is near 
identical to OP11 in 1816.  The disposition of Persons Under 
Control is an extremely important issue.  If the 
international community can resolve this issue, a 
assuredly more nations would be willing to patrol Somali 
territorial waters with an intention to capturing pirates and 
armed robbers at sea.  At present many may resist joining our 
efforts out of fear that any captured pirates would languish 
on their vessels for days, weeks, or months until someone 
agreed to detain and prosecute them.  (high priority) 
 
-- In OP7 add "at sea" after "armed robbery". (low priority) 
 
SPECIFIC INSTRUCTIONS FOR THE FRENCH 
 
-- USUN should approach the French before hand and outline 
our position.  You should tell them that we will agree to 
support their resolution, with at least our redline edits, 
only in return for their support in the coming weeks for 
blue-hulling the WFP convoy mission and linking it to a UN 
PKO for Somalia. 
 
 
¶3.  Begin French resolution text with desired USG edits: 
 
(1) Recalling its resolutions 1814 (2008) and 1816 (2008), 
 
(2) Gravely concerned by the recent proliferation  of acts of 
piracy and armed robbery at sea against vessels off the coast 
of Somalia, and by the serious threat it poses to the prompt, 
safe and effective delivery of humanitarian aid to Somalia, 
to international navigation and the safety of commercial 
maritime routes, as well as to fishing activities conducted 
in conformity with international law, 
 
(3) Noting with concern also that increasingly violent acts 
of piracy and armed robbery at sea are carried out with 
heavier weaponry, in a larger area off the coast of Somalia, 
using long range assets such as mother ships, and 
demonstrating more sophisticated organization and methods of 
attack, 
 
(4) 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, 
 
(5) Commending the contribution made by some States since 
November 2007 to protect the World Food Program (WFP) 
maritime convoys, and, in view of implementing resolutions 
1814 and 1816, the establishment by the European Union 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 Somali, 
the establishment by the Combined Maritime Forces in the Gulf 
of Aden to establish a Maritime Security Patrol Area in 
international waters off the coast of Somalia to counter 
destabilizing activities in the region, as well as the 
ongoing planning process towards a possible European Union 
naval operation, 
 
(5bis) Noting recent humanitarian reports that as many as 
three-and-a-half million Somalis will be dependent on 
humanitarian food aid by the end of the year, and that 
maritime contractors for the WFP will not deliver food aid to 
Somalia without naval warship escorts, and that the 
interruption of humanitarian assistance to Somalia is a 
threat to stability and the peace process; and expressing the 
Security Council's intention to consider a follow-on 
resolution in the coming days to ensure the long-term 
security of WFP deliveries to Somalia, including by assuming 
the administration of the WFP escort convoy mission as part 
of a UN Peacekeeping Operation to Somalia, 
 
(6) Reaffirming its respect for the sovereignty, territorial 
integrity, political independence and unity of Somalia, 
 
(7) Recalling the statement of its President dated 4 
September 2008 (S/PRST/2008/33) in which it welcomed the 
signing of a peace and reconciliation agreement in Djibouti 
and commended the Special Representative of the 
Secretary-General for Somalia, Mr Ahmedou Ould-Abdallah for 
his ongoing efforts, 
 
(8) Emphasizing that peace and stability, the strengthening 
of State institutions, economic and social development and 
respect for human rights and the rule of law will ultimately 
create the conditions for a full eradication of piracy and 
armed robbery at sea off the coast of Somalia, 
 
(9) 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 
against international peace and security in the region, 
 
(10) 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 at sea against vessels off the coast 
of Somalia; 
 
¶2.    Calls upon all States interested in the safety of 
maritime activities to actively take part in the fight 
against piracy and armed robbery at seas against vessels off 
the coast of Somalia, in particular by deploying naval 
vessels and military aircraft; 
 
¶3.    Calls upon States whose naval vessels and military 
aircraft operate on the high seas and airspace off the coast 
of Somalia and within the territorial waters of Somalia to 
prevent and repress acts of piracy and armed robbery at sea, 
in conformity with international law as reflected in the 
Convention, and as set forth in paragraph 7 of resolution 
1816, including by seizing the proceeds of piracy, and 
seizing and disposing of boats, vessels, arms and other 
related equipment ; 
 
¶4.    Urges all States that have the capacity to do so to 
cooperate with the Transitional Federal Government ("TFG") in 
the fight against piracy and armed robbery at sea in 
conformity with the provisions of resolution 1816; 
 
¶5.    Urges also States and regional organizations, in 
conformity with the provisions of Security Council resolution 
1814, to continue to take action to protect the World Food 
Program maritime convoys, which is vital to bring 
humanitarian assistance to affected populations in the region 
 
5bis. Urges that States issue to ships entitled to fly their 
flag advice and guidance on precautionary measures to protect 
themselves from attack or actions to take if under attack or 
the threat of attack when sailing in waters off the coast of 
Somalia; 
 
¶6.    Calls upon all States to coordinate their actions with 
other States acting pursuant to paragraphs 3, 4 and 5 above; 
 
6bis. Urges all States, and in particular flag, port and 
coastal States, States of the nationality of victims and 
perpetrators of piracy and armed robbery at sea, 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 at 
sea 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 resolution 1816 and this resolution; 
 
 
¶7.    Looks forward to the report of the Secretary-General 
requested in paragraph 13 of resolution 1816 and expresses 
its intention to review the situation with respect to piracy 
and armed robbery at sea against vessels off the coast of 
Somalia with a view, in particular, to renewing the authority 
provided in paragraph 7 of resolution 1816 for an additional 
period upon the request of the TFG; 
 
¶8.    Decides to remain seized of the matter. 
 
End text. 
RICE