VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #9528 3450032
ZNR UUUUU ZZH
O P 100024Z DEC 08
FM SECSTATE WASHDC
TO RUEHTH/AMEMBASSY ATHENS IMMEDIATE 0000
RUEHEG/AMEMBASSY CAIRO IMMEDIATE 0000
RUEHCP/AMEMBASSY COPENHAGEN IMMEDIATE 0000
RUEHKL/AMEMBASSY KUALA LUMPUR IMMEDIATE 0000
RUEHKV/AMEMBASSY KYIV IMMEDIATE 0000
RUEHLI/AMEMBASSY LISBON IMMEDIATE 0000
RUEHMD/AMEMBASSY MADRID IMMEDIATE 0000
RUEHNY/AMEMBASSY OSLO IMMEDIATE 0000
RUEHOT/AMEMBASSY OTTAWA IMMEDIATE 0000
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 0000
RUEHGP/AMEMBASSY SINGAPORE IMMEDIATE 0000
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 0000
RUEHKO/AMEMBASSY TOKYO IMMEDIATE 0000
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS STATE 129528 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: INSTRUCTIONS ON TABLING OUR RESOLUTION 
ON SOMALIA PIRACY 
 
¶1. Action Request: USUN is instructed to circulate the draft 
resolution on Somali piracy (paragraph 3) to our P3 partners 
upon receipt of this message and report responses to the 
Department.  After having shared the draft with the P3, USUN 
should table the resolution to the rest of the Council NLT 
COB on Wednesday, December 10.  Info addressees can draw from 
the information in paragraph 2 in responding to inquiries 
from host countries about the ministerial. 
 
¶2.  Background: On December 16 the UN Security Council will 
host a ministerial open debate on Somalia piracy.  Croatia as 
Council President for December will chair the meeting, which 
is being held at the request of the United States. 
Secretary Rice will be representing the USG at the Council. 
Official invitations will be coming from the Croatian Mission 
in New York to UN Security Council members only.  However, 
since this is an open debate, any member state of the United 
Nations can address the Council on the issue.  If info 
addressees discover their countries will be represented above 
the level of New York PermRep, please notify Joseph 
FitzGerald in IO/UNP (202-647-2641 or 
fitzgeraldjj@state.sgov.gov) with any relevant information. 
 
¶3.  Begin text for resolution on Somalia piracy: 
 
The Security Council, 
 
(1) Recalling its previous resolution concerning the 
situation in Somalia, especially resolutions 1814 (2008), 
1816 (2008), 1838 (2008), 1844 (2008), and 1846 (2008), 
 
(2) Continuing to be gravely concerned by the dramatic 
increase in the incidents of piracy and armed robbery at sea 
off the coast of Somalia in the last six months, and noting 
that pirate attacks off the coast of Somalia have become more 
sophisticated and daring and have expanded in their 
geographic scope, notably evidenced by the hijacking of the 
M/V Sirius Star 500 nautical miles off the coast of Kenya and 
subsequent unsuccessful attempts well east of Tanzania, 
 
(3) Reaffirming its respect for the sovereignty, territorial 
integrity, political independence and unity of Somalia, 
including Somalia's rights with respect to offshore natural 
resources, including fisheries, in accordance with 
international law, 
 
(4) 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 and secure the waters off the 
coast of Somalia, including the international sea lanes and 
Somalia's territorial waters, 
 
(5) Noting the several requests from the TFG for 
international assistance to counter piracy off its coast, 
including (the most recent letter of           that requests 
the international community to assist the TFG in battling the 
scourge of piracy on its shores as well as on the sea, and) 
the 1 September 2008 letter from the President of Somalia to 
the Secretary-General of the UN 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 off the coast of Somalia, 
 
(6)  Welcoming the launching of the EU operation Atalanta to 
combat piracy off the coasts of Somalia and to escort 
humanitarian ships bound for Somalia, as well as the efforts 
by the North Atlantic Treaty Organization, and other States 
acting in a national capacity in cooperation with the TFG to 
suppress piracy off the Somali coast, 
 
(7) Also welcoming the recent initiatives of the Governments 
of Egypt, Kenya, and the United States of America, and the 
Secretary-General's Special Representative for Somalia, to 
achieve effective measures to remedy the causes, 
capabilities, and incidents of piracy and armed robbery off 
the coast of Somalia, and emphasizing the need for current 
and future counter-piracy operations to effectively 
coordinate their activities, 
 
(8) Noting with concern that the lack of capacity, domestic 
legislation, and clarity about how to dispose of pirates 
after their capture, has hindered more robust international 
action against the pirates and in some cases led to pirates 
being released without facing justice, and reiterating that 
the 1988 Convention for the Suppression of Unlawful Acts 
Against the Safety of Maritime Navigation (SUA) is one 
existing legal mechanism that can be used to prosecute 
pirates immediately, 
 
(9) Welcoming the report of the Monitoring Group on Somalia 
of 20 November 2008 (2/2008/(), and noting the role piracy 
may play in financing embargo violations by armed groups, 
 
(10) Determining that the incidents of piracy and armed 
robbery 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, 
 
(11) 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 against vessels in waters off the 
coast of Somalia; 
 
¶2.  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 off the coast of Somalia, in 
particular, consistent with this resolution, resolution 1846 
(2008), and international law, by deploying naval vessels and 
military aircraft, by embarking shipriders from 
countries willing to take custody of pirates, and through 
seizure and disposition of boats, vessels, arms and other 
related equipment used in the commission of piracy and armed 
robbery off the coast of Somalia, or for which there are 
reasonable grounds for suspecting such use, and by actively 
interdicting arms trafficking in accordance with their 
capabilities and by sharing any information in relation to 
weapons seizure with the Monitoring Group; 
 
¶3.  Encourages all States and regional organizations battling 
piracy off the coast of Somalia to establish an international 
cooperation mechanism to act as a common point of contact 
between and among states on all aspects of combating piracy 
off Somalia's coast; creating a center in the region to 
coordinate information relevant to piracy off the coast of 
Somalia; and by sharing in the gathering and analysis of 
financial information relevant to the financing of piratical 
acts, the payment of ransom, and the downstream use of such 
payments; 
 
¶4.  Decides that for a period of twelve months from the date 
of adoption of resolution 1846, 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 notification has been provided by the TFG to the 
Secretary-General, may take all necessary measures ashore in 
Somalia, including in its airspace, to interdict those who 
are using Somali territory to plan, facilitate or undertake 
acts of piracy and armed robbery at sea and to otherwise 
prevent those activities; 
 
¶5. Welcomes the communiqu issued by the International 
Conference on Piracy around Somalia held in Nairobi, Kenya, 
on 11 December 2008 (S/2008/XXX), which urged the provision 
of necessary technical support to all regional states most 
directly affected by piracy and called upon regional and 
international organizations to cooperate with these countries 
in developing capacities to combat this scourge, and requests 
the Secretary-General to submit a report to the Security 
Council, within 45 days from the date of adoption of this 
resolution, to identify the nature and scope of international 
assistance needed to enhance the capacities of relevant 
states in the region, in particular in connection with the 
arrest, detention, prosecution and fair trial of persons 
accused of being involved in piracy or armed robbery at sea, 
and to make proposals in this regard with respect to the 
negotiation of agreements between the United Nations and one 
or more such relevant states in the region, 
 
¶6. Notes with concern the findings contained in the 20 
November 2008 report of the Monitoring Group on Somalia that 
escalating ransom payments are fueling the growth of piracy 
in waters off the coast of Somalia, and that the lack of 
enforcement of the arms embargo established by resolution 733 
(1992) has permitted ready access to the arms and ammunition 
used by the pirates and driven in part the phenomenal growth 
in piracy, and discourages the payment of such ransoms; 
 
¶7.  Recalls its decision in paragraph 8 of resolution 1844 
(2008) and in that regard affirms that engaging in acts of 
piracy or armed robbery at sea off the coast of Somalia 
threaten the security and stability of Somalia; 
 
¶8.  Affirms that the authorization 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; 
 
¶9.  Decides that the measures imposed by paragraph 5 of 
resolution 733 (1992) and further elaborated upon by 
paragraphs 1 and 2 or resolution 1425 (2002) shall not apply 
to deliveries of weapons and military equipment intended 
solely for the purposes set out in paragraph 4 of this 
resolution; 
 
¶10.   Urges States in collaboration with the shipping and 
insurance industries, and the IMO to continue to develop 
avoidance, evasion, and defensive best practices and 
advisories to take when under attack or when sailing in 
waters off the coast of Somalia, and urges States to make 
their citizens and vessels available for forensic 
investigation at the first port of call immediately following 
an act or attempted act of piracy or release from captivity; 
 
¶11.  Decides to remain seized of the matter. 
RICE