VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #1373 2922308
ZNR UUUUU ZZH
O 182303Z OCT 08
FM SECSTATE WASHDC
TO RUEHNR/AMEMBASSY NAIROBI IMMEDIATE 0000
INFO RUEHDR/AMEMBASSY DAR ES SALAAM IMMEDIATE 0000
RUEHDJ/AMEMBASSY DJIBOUTI IMMEDIATE 0000
RUEHYN/AMEMBASSY SANAA IMMEDIATE 0000

UNCLAS STATE 111373 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EWWT MOPS PHSA PREL XA XW SO KE
SUBJECT: DEMARCHE: COUNTER-PIRACY COOPERATION 
 
SUMMARY 
------- 
 
¶1.  This is an action request.  Please see paragraph 2. 
 
OBJECTIVES 
---------- 
 
¶2.  Department requests Post expand discussion with the 
Government of Kenya (GOK) on deepening cooperation with the 
United States to counter piracy in the Gulf of Aden and off 
the coast of Somalia. Post is requested to pursue the 
following objectives: 
 
-- Note that piracy directly impacts on regional trade and 
security, and that ransom monies may be contributing to 
conflict and continued instability in Somalia. 
 
-- Assess GOK willingness to expand bilateral cooperation 
with the United States to strengthen Kenyan maritime 
operational and judicial capacities. 
 
-- Express appreciation for strong U.S.-Kenya cooperation in 
the 2006 M/V SAFINA AL BISARAT case, in which Kenyan 
authorities prosecuted Somali piracy suspects arrested by the 
United States. 
 
-- Note that Kenya could play an important regional 
leadership role in combating piracy in the Horn of Africa by 
participating in counterpiracy operations and prosecuting 
suspected pirates. 
 
-- Inquire into GOK willingness to support implementation of 
UN Security Council Resolutions 1816 and 1838 and 
international counterpiracy operations, especially by 
prosecuting piracy suspects detained in counterpiracy 
operations in international waters in the Gulf of Aden or in 
waters off the coast of Somalia. 
 
-- Draw Kenya's attention to articles 7 and 8 of the 1988 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation (SUA), to which it is already 
party. SUA obliges coastal State Parties to accept custody of 
and extradite or prosecute SUA offenders, including pirates, 
unless Parties can articulate why the Convention is not 
applicable. Note that that the Convention provides an 
existing framework for the disposition of interdicted pirates 
in the region.  If Kenya demonstrates leadership in 
proceeding under this concept, the eight other contracting 
parties to SUA in the region might similarly be persuaded to 
take action consistent with existing obligations.  Likewise, 
many of the victim flag and crew States may be in a position 
to extradite under SUA if Kenya and other regional States are 
willing to receive pirate defendants ashore. 
 
-- Inquire into GOK intentions to engage in counterpiracy 
operations, including protection of World Food Program 
deliveries to Somalia, in light of Kenyan Minister for 
Foreign Affairs Moses Wetangula's October 8 announcement that 
the Kenyan Navy will be joining in international 
counterpiracy efforts in the Horn of Africa. 
 
-- Provide information on other potential donor partners who 
can assist Kenya with developing judicial capacities and 
supporting maritime operations or capacity development. 
 
 
BACKGROUND 
---------- 
 
¶3.  The growth of piracy in the Gulf of Aden and in waters 
off the coast of Somalia has emerged as a serious threat to 
international commerce, the safety of mariners, and the 
delivery of humanitarian assistance to Somalia.  Pirate 
attacks in these waters have more than doubled since 2007. 
Pirates are now receiving million-dollar ransoms for hijacked 
vessels and are becoming more aggressive and assertive at sea. 
 
¶4.  Funds generated from ransoms may be contributing to 
conflict and supporting continued instability in Somalia. 
Piracy is also threatening the fragile delivery of 
humanitarian assistance to Somalia, as commercial vessel 
operators have refused to deliver World Food Program (WFP) 
commodities to Mogadishu without naval escorts to deter 
piracy. 
 
¶5.  Kenya has previously prosecuted Somali piracy suspects 
arrested by the United States.  In January 2006, the USS 
Winston Churchill captured 10 Somali pirates who attacked the 
M/V DELTA RANGER and who had also hijacked the cargo dhow 
SAFINA AL BISARAT several days earlier.  A disposition 
agreement was negotiated within 48 hours and the suspects 
were brought to Mombasa several days later.  In October 2006, 
the pirates were convicted and sentenced to seven years in 
Kenyan prison. 
 
¶6.  UN Security Council Resolution 1816 calls for 
international cooperation in combating piracy and armed 
robbery at sea in waters off the coast of Somalia, and 
provides authorization for countries cooperating with 
Somalia's Transitional Federal Government to enter Somali 
territorial waters and to use all necessary means to repress 
piracy and armed robbery at sea.  Resolution 1838 calls upon 
States and regional organizations to coordinate in 
implementation of Resolutions 1814 and 1816. 
 
 
REPORTING DEADLINE 
------------------ 
 
¶7.  (U) Department greatly appreciates Post's continued 
support and assistance.  Department requests action addressee 
report on results of efforts by front-channel cable slugged 
for AF/RSA Jun Bando, AF/RSA Col. Michael Skardon and AF/E 
Maria Beyzerov by October 27. 
 
DEPARTMENT POINTS OF CONTACT 
---------------- 
 
¶8.  Please contact AF/RSA Jun Bando at (202) 647-4781, AF/RSA 
Col. Michael Skardon at (202) 647-7371, or AF/E Maria 
Beyzerov at (202) 647-6453 or via e-mail for any necessary 
further background information or argumentation to meet 
demarche objectives. 
RICE