VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #6405 2791753
ZNR UUUUU ZZH
O P 051748Z OCT 08
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS STATE 106405 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA PIRACY: VOTING INSTRUCTIONS FOR FRENCH 
RESOLUTION 
 
¶1.  USUN is instructed to vote in favor of and co-sponsor 
the French drafted resolution on Somalia piracy to be 
adopted in the Security Council early next week. 
 
¶2.  Begin text of resolution: 
 
(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, and to fishing activities 
conducted in conformity with international law, 
 
(3) Noting with concern also that increasingly violent 
acts of piracy 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, 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 
Somalia,  and the ongoing planning process towards a 
possible European Union naval operation, as well as other 
international or national initiatives taken with a view to 
implementing resolutions 1814 (2008) and 1816 (2008), 
 
(6) 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, expressing its 
determination to ensure long-term security of WFP 
deliveries to Somalia and recalling that it requested the 
Secretary-General in resolution 1814 to provide his 
support for efforts to protect WFP maritime convoys, 
 
(7) Reaffirming its respect for the sovereignty, 
territorial integrity, political independence and unity of 
Somalia, 
 
(8) Taking note of the letter dated 1 September 2008 of 
the President of Somalia to the Secretary General of the 
United Nations expressing the Transitional Federal 
Government ("TFG") appreciation to the Security Council 
for its assistance and expressing the TFG willingness to 
consider working with other states, as well as regional 
organizations, to provide advance notifications additional 
to those already provided, in accordance with paragraph 7 
of resolution 1816 (2008), to combat piracy and armed 
robbery at sea off the coast of Somalia, 
 
(9) Recalling that in the statement of its President dated 
4 September 2008 (S/PRST/2008/33) 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, and emphasizing the importance of 
promoting a comprehensive and lasting settlement in 
Somalia, 
 
(10) Recalling also that in the statement of its President 
dated 4 September (S/PRST/2008/33) it took note of the 
parties' request in the Djibouti Agreement that the United 
Nations, within a period of 120 days, authorise and deploy 
an international stabilisation force and looking forward 
to the Secretary-General's report due 60 days from its 
passage, in particular a detailed and consolidated 
description of a feasible multinational force, as well as 
a detailed concept of operations for a feasible UN 
peacekeeping operation, 
 
(11) Emphasizing that peace and stability, 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, 
 
(12) 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, 
 
(13) 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 States 
interested in the security of 
maritime activities to take part actively in the fight 
against piracy on the high seas off the coast of Somalia, 
in particular by deploying naval vessels and military 
aircraft, in accordance with international law, as 
reflected in the Convention; 
 
¶3.      Calls upon States whose 
naval vessels and 
military aircraft operate on the high seas and airspace 
off the coast of Somalia to use on the high seas and 
airspace off the coast of Somalia the necessary means, in 
conformity with international law, as reflected in the 
Convention, for the repression of acts of piracy; 
 
¶4.      Urges States that have 
the capacity to do so to 
cooperate with the 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 resolution 1814, to 
continue to take action to protect the World Food Program 
maritime convoys, which is vital to bring humanitarian 
assistance to the affected populations in Somalia; 
 
¶6.      Urges States, as 
requested in particular by 
International Maritime Organization Resolution ('IMO') 
A-1002(25), to issue to ships entitled to fly their flag, 
as necessary, advice and guidance on appropriate 
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; 
 
¶7.      Calls upon States and 
regional organizations to 
coordinate their actions pursuant to paragraphs 3, 4 and 5 
above; 
 
¶8.      Affirms that the 
provisions 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 situation, and underscores in 
particular that it shall not be considered as establishing 
customary international law; 
 
¶9.      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, upon the request of the TFG, to renewing the 
authority provided in paragraph 7 of resolution 1816 for 
an additional period; 
 
¶10.     Decides to remain seized 
of the matter. 
 
end text 
RICE