VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #3225 3251611
ZNR UUUUU ZZH
O 201603Z NOV 08
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 123225 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: INSTRUCTIONS ON TABLING OUR UNSC 
RESOLUTION ON SOMALIA PIRACY 
 
¶1.  This is an action cable.  USUN is instructed to deliver 
the following draft resolution (complete text 
paragraph 4) to the British and the French Mission in New 
York immediately.  USUN should table the resolution to the 
Council NLT COB on November 20. 
 
¶2. Objectives: 
 
-- Thank the British and the French for their many helpful 
suggestions on the Somali piracy resolution.  We 
incorporated a large percentage of their suggestions into the 
draft text. 
 
-- Inform our P3 partners that we are willing to delete 
OP15bis (which we recently amended following the 
Secretary-General's report and included in its entirety in 
paragraph 5), but strongly urge the British to include 
this paragraph or something very similar (i.e. calling for a 
conop for UN Peacekeping Mission independent of an MNF 
and with a limited mandate like the one stated in OP15bis) in 
their resolution on Somalia very shortly after adoption of 
the piracy resolution. 
 
-- Emphasize that we are willing to make this concession as a 
gesture of good will to our P3 partners because we 
understand how important passage of a piracy resolution is to 
all of us at this time.  However, our partners need to 
understand how very important planning for a UN Peacekeeping 
Mission is to the United States.  Over the 
years the UN has been caught flat-footed in peacekeeping 
planning when a given situation necessitated UN 
intervention.  We do not want to see the same mistake happen 
in Somalia. 
 
-- Inform P-3 that we intend to table the resolution in 
paragraph 4 to the rest of the Council today. 
 
¶3. USUN  should report back any readout obtained from our P3 
partners. 
 
¶4.  The following is the complete text of a Somalia piracy 
resolution: 
 
The Security Council, 
 
(1) Recalling its previous resolutions concerning the 
situation in Somalia, especially resolutions 1814, 1816 
and 1838, 
 
(2) Continuing to be gravely concerned by the threat that 
piracy and armed robbery at sea against vessels pose 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 in 
conformity with international laws, 
 
(3) Reaffirming its respect for the sovereignty, territorial 
integrity, political independence and unity of 
Somalia, 
 
(4) 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, 
 
(5) Taking into account the crisis situation in Somalia, and 
the lack of capacity of the Transitional Federal 
Government ("TFG") to interdict pirates or patrol and secure 
either the international sea lanes off the coast of 
Somalia or Somalia's territorial sea, 
 
(6) Taking note of the many public requests from the TFG for 
international assistance to counter piracy off its 
coasts, including the letter from the Permanent 
Representative of the Somali Republic to the United Nations 
to the President of the Security Council dated 27 February 
2008 conveying the consent of the TFG to the Security Council 
for urgent assistance in securing the territorial sea and 
international waters off the coast of Somalia, and the 1 
September 2008 letter from the President of Somalia to the 
Secretary-General of the United Nations expressing the 
appreciation of the TFG to the Security Council for its 
assistance and expressing the TFG's willingness to consider 
working with other States and regional organizations to 
combat piracy and armed robbery at sea off the coast of 
Somalia, ADD REFERENCE TO ADDITIONAL, YET-TO-BE-RECEIVED TFG 
LETTER REQUESTING EXTENSION OF RESOLUTION 1816. 
 
(7) Further taking note of the letters from the TFG and from 
other Member States to the Security Council to inform 
the Council of their actions, as requested in paragraphs 7 
and 12 of 1816, 
 
(8) Expressing again its determination to ensure the 
long-term security of World Food Programme (WFP) maritime 
deliveries to Somalia, 
 
(9) Recalling that in its resolution 1838 (2008) it commended 
the contribution made by some States since 
November 2007 to protect (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 , as well as 
other international and national initiatives taken with a 
view to implementing resolutions 1814 (2008) and 1816 (2008), 
 
(10) Noting that a peaceful and stable situation within 
Somalia will be an important factor in addressing the 
scourge of piracy and armed robbery at sea off the coast of 
Somalia, and that peace and stability, the 
strengthening of State institutions, economic and social 
development and respect for human rights and rule of law 
are necessary to create the conditions for a full eradication 
of piracy and armed robbery off the coast of 
Somalia, 
 
(11) Further noting the key role played by the African Union 
Mission to Somalia (AMISOM) in facilitating delivery 
of humanitarian assistance to Somalia through the port of 
Mogadishu, commending the contribution that AMISOM has 
made toward the goal of establishing a lasting peace and 
stability in Somalia, and recognizing specifically the 
important contributions of the Governments of Uganda and 
Burundi to Somalia, 
 
(12) Welcoming the signing of a peace and reconciliation 
Agreement ("the Djibouti Agreement") between the TFG and 
the Alliance of the Re-Liberation of Somalia on August 19, 
2008, as well as their signing of a joint ceasefire 
agreement on October 26, 2008, and noting that the Djibouti 
Agreement calls for the United Nations to 
authorize and deploy an international stabilization force, 
 
(13) Determining that the incidents of piracy and armed 
robbery at sea against vessels in the territorial sea of 
Somalia and the high seas off the coast of Somalia exacerbate 
the situation in Somalia, which continues to 
constitute a threat to international peace and security in 
the region, 
 
(14) 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; 
 
¶2. Expresses its concern/Regrets that the payment of ransoms 
to pirates encourages further acts of piracy; 
 
¶3. Welcomes the efforts of the International Maritime 
Organization ("IMO") to update its guidance and 
recommendations to the shipping industry and to governments 
for preventing and suppressing piracy and 
armed robbery at sea and to provide this guidance as soon as 
practicable to all Member States and to the 
international shipping community; 
 
¶4. Calls upon the industry and insurance companies to 
continue to cooperate with the IMO and ensure that their 
vessels receive appropriate guidance and training on 
avoidance, evasion, and defensive measures and techniques 
to take if under the threat of attack or attack when sailing 
in the waters off the coast of Somalia; 
 
¶5. Further calls upon States and interested organizations, 
including the IMO, to provide technical assistance to 
Somalia 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; 
 
¶6. Welcomes the decision by NATO to counter piracy off the 
Somalia coast, including by escorting vessels of the WFP, 
strongly welcomes the decision by the EU on 10 November 2008 
to launch, for a period of 12 months, a naval operation to 
protect WFP maritime convoys bringing humanitarian assistance 
to Somalia and other vulnerable ships, and to repress acts of 
piracy and armed robbery at sea off the coast of Somalia 
pursuant to resolution 1816 (2008) and 1838 (2008), and 
welcomes also other initiatives by States, regional or 
international organizations to this end; 
 
¶7. Requests the Secretary-General to present to it a report, 
no later than 3 months after the adoption of this 
resolution, on ways to ensure the long-term security of WFP 
maritime deliveries to Somalia, including a possible 
role for the United Nations in this regard, as well as on the 
additional assistance he could provide to rally Member 
States and regional organizations to improve their 
coordination in this effort, 
 
¶8. Calls upon States and regional organizations that have the 
capacity to do so, to take part actively in the fight 
against piracy and armed robbery at sea off the coast of 
Somalia, in particular by deploying naval vessels and 
military aircraft, and consistent with this resolution, by 
seizing and disposing of boats, vessels, arms and other 
related equipment used in, or that are suspected will be used 
in, the commission of piracy and armed robbery off 
the coast of Somalia; 
 
¶9. Further calls upon States and regional organizations to 
coordinate their efforts to deter acts of piracy and armed 
robbery at sea in cooperation with each other, the IMO, the 
international shipping community, flag States, and the 
TFG; 
 
¶10. Decides that for a period of 12 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; and 
 
(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; 
 
¶11. 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 LETTER FROM THE TFG THAT 
HASN'T BEEN RECEIVED YET. 
 
¶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 victims and witnesses and persons detained as a result 
of operations conducted under this resolution; 
 
¶13. Notes that the 1988 Convention for the Suppression of 
Unlawful Acts Against the Safety of Maritime Navigation 
("SUA Convention") provides for parties to create criminal 
offenses, 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; urges all States that have 
not already done so to become parties to the SUA 
Convention, further urges States parties to the SUA 
Convention to fully implement their obligations under said 
convention, and calls upon the Secretary-General, in 
cooperation with the IMO, to work with States parties to 
the SUA Convention and other Member States to build judicial 
capacity for the successful prosecution of 
persons suspected of piracy and armed robbery at sea; 
 
 
¶14. Requests States cooperating with the TFG to inform the 
Security Council within 9 months of the progress of 
actions undertaken in the exercise of the authority provided 
in paragraph 10 above; 
 
¶15. Requests the Secretary-General to report to the Security 
Council within 11 months of adoption of this 
resolution on the implementation of this resolution and on 
the situation with respect to piracy and armed robbery in 
territorial waters and the high seas off the coast of Somalia; 
 
¶16. Requests the Secretary-General of the IMO to brief the 
Council on the basis of cases brought to his attention by 
the agreement of all affected coastal states, and duly taking 
into account the existing bilateral and regional 
cooperative arrangements, on the situation with respect to 
piracy and armed robbery; 
 
¶17. Expresses its intention to review the situation and 
consider, as appropriate, renewing the authority provided 
in paragraphs 9 and 10 above for additional periods upon the 
request of the TFG; 
 
¶18. Decides to remain seized of the matter. 
 
end text 
 
¶5.  The following is the amended OP15bis text: 
 
15 bis. Acknowledges that the scourge of piracy in Somalia 
will never be fully contained until the problems in the 
sovereign territory of Somalia are addressed; Noting with 
regret the lack of adequate planning for a UN Peacekeeping 
Operation in the 17 November report on Somalia from the 
Secretary-General; Requests the Secretariat to provide for 
Council consideration a concept of operations for a UN 
peacekeeping operation no later than 15 days from the 
adoption of this resolution. The concept of operations should 
include a geographic focus on southern and central 
Somalia and must not be dependent the deployment of a 
preceding Multinational Force/International Stabilization 
Force, with key Mission activities focused on: 1) supporting 
implementation of the Djibouti Peace Agreement, 
including monitoring and verification of any ceasefire and 
joint security arrangements and liaison with the Joint 
Security Committee (JSC); 2) providing protection for the 
Transitional Federal Institutions to help them carry out 
the functions of government and security for key 
infrastructure; to facilitate, within capabilities and in 
its areas of deployment, humanitarian assistance to affected 
populations by helping to create the necessary 
security conditions; and 3) protection of UN personnel, 
facilities, installations, equipment and mission, and 
ensuring the security and freedom of movement of UN 
personnel; 
 
end text 
RICE