VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #7724 3180141
ZNR UUUUU ZZH
O 140136Z NOV 09
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 117724 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALI PIRACY: BUILDING BLOCKS FOR UNSC NOVEMBER 
18 OPEN DEBATE 
 
¶1.  Action Request:  USUN should draw from the building 
blocks in paragraph 2 below in drafting the statement for the 
UN Security Council open debate on piracy off the coast of 
Somalia on November 18, 2009. End action. 
 
¶2.    Begin building blocks: 
 
Humanitarian 
 
-- It is clear that piracy off the coast of Somalia is a 
symptom of the instability and lack of governance on land. 
Economic development, political stability, and the 
humanitarian situation are all dependent on security and good 
governance.  We look forward to working with the local, 
regional, and national leadership in Somalia towards those 
goals. 
 
-- Much of Somalia's piracy originates in the 
semi-autonomous, sub-national region of Puntland.  Addressing 
piracy requires the local government hold those engaged in 
piratical activity accountable. 
 
Supporting Stability in South and Central Somalia 
 
-- To sustain the goals of long-term peace and stability in 
Somalia, the United States supports the deployment of the 
African Union Mission in Somalia (AMISOM), the development of 
the Transitional Federal Government,s security institutions, 
and the establishment of effective governance based on a 
process of inclusive political dialogue and reconciliation. 
 
-- The United States views supporting AMISOM, in particular, 
as central to stabilizing Mogadishu and supporting the 
Djibouti Peace Process.  Accordingly, the U.S. is the largest 
financial supporter of AMISOM, which facilitates the delivery 
of humanitarian assistance to Somalia, protects key 
installations in Mogadishu, and provides political space for 
a Somali-led reconciliation process. 
 
-- We also encourage States, together with industry and the 
International Maritime Organization, to explore the 
possibility of providing training and employment 
opportunities in the maritime industry to Somalis.  This 
effort could provide a viable alternative to Somalis even as 
we continue to address piracy and its root causes. 
 
-- The promotion of security and political stability in 
Somalia, especially south and central Somalia, is a long-term 
process.  While these efforts are underway, however, piracy 
off the coast of Somalia threatens the delivery of 
humanitarian aid and economic development.  To address this 
problem successfully, the United States believes that 
coordination and cooperation among international and regional 
actors is essential. 
 
U.S. Approach to Piracy 
 
-- States and international organizations participating in 
the Contact Group on Piracy off the Coast of Somalia (CGPCS) 
have already made significant contributions to the effort to 
suppress piracy off the coast of Somalia, and I would like to 
note that the United States greatly appreciates the role the 
United Nations has played in this regard. 
 
-- From the CGPCS,s inception, the UN has been a productive 
and active participant.  The UN Office of Drugs and Crime, 
for example, serves as the secretariat for Working Group 2, 
the judicial working group with a focus on ensuring suspected 
pirates are prosecuted, and is carrying out important work to 
enhance the judicial capacity of regional states to prosecute 
suspected pirates.  We commend the work done by the UN Office 
of the Legal Adviser in support of WG2.  The IMO was 
instrumental in bringing this situation of piracy to the 
Security Council,s attention, has ably facilitated the work 
of the CGPCS working groups, and, parallel with CGPCS 
capacity-building efforts, has established and is 
coordinating the implementation of the Djibouti Code of 
Conduct. 
 
-- The CGPCS has proven to be an effective means of 
coordinating counter-piracy initiatives, yet piracy off the 
coast of Somalia continues.  Clearly, our efforts must 
continue. 
 
-- We would like to commend the efforts of the European Union 
Operation Atalanta, NATO Operations Allied Protector and 
Ocean Shield, Combined Maritime Forces, Combined Task Force 
151, and individual States to combat piracy and protect 
vulnerable ships transiting through the waters off the coast 
of Somalia.  The Shared Awareness and Deconfliction (SHADE) 
meetings have provided excellent tactical coordination, and 
we thank all partners for their participation in the SHADE 
process.  We hope that nations will continue to prioritize 
and contribute to these initiatives, as they play an 
important role in deterring piracy. 
 
-- Countering piracy, however, is not the responsibility of 
States alone.  The International Maritime Organization (IMO) 
has developed recommendations and guidance on preventing and 
suppressing piracy and armed robbery against ships.  We hope 
that both States and the shipping and insurance industries 
will work together with the IMO to continue to develop and 
implement best practices to avoid and defend against pirate 
attacks. 
 
-- On September 10, 2009, the United States along with 
representatives from Japan, the Republic of Cyprus, the 
Republic of Singapore, and the United Kingdom of Great 
Britain and Northern Ireland signed the New York Declaration, 
a political commitment to ensure vessels operating under the 
signatories' flags implement internationally recognized best 
management practices for self-protection to reduce the 
success rate of acts of piracy.  These internationally 
recognized best management practices include the IMO 
guidance, guidance produced by industry and labor, and 
guidance issued by flag states.   We encourage other States 
to sign the New York Declaration, and to require vessels to 
implement self-protection measures. 
 
-- If suspected pirates are captured, we strongly believe 
that it is the responsibility of affected states to favorably 
consider prosecuting the offenders.  We recognize that in 
some circumstances the states directly affected may be unable 
to prosecute, and we commend states, in particular Kenya, 
that have taken the lead in prosecuting pirates.  It is 
imperative, however, that we expand the options for the 
national prosecution of pirates.  Capturing suspected pirates 
and releasing them without judicial consequences when there 
is sufficient evidence to support prosecution only encourages 
piracy by creating a perception of impunity. 
 
-- States should ensure that they have domestic criminal 
legislation in place to support the prosecution of the crime 
of piracy in their national courts.  The United States 
believes that states should favorably consider prosecution if 
a States, nationals are the owners or crew of the vessel 
attacked, or if a nation is the flag-state of the vessel. 
 
-- States should also support national prosecutions by other 
States willing and able to do so, or assist regional States 
to enhance their capacity to prosecute and incarcerate 
pirates.  We hope that States will utilize the International 
Trust Fund Supporting Initiatives of the Contact Group on 
Piracy off the Coast of Somalia to support these efforts. 
 
--  We would also like to acknowledge Japan,s generous 
donation to the IMO Djibouti Code of Conduct Trust Fund. 
 
-- As the UN report noted, pirate attacks have increased over 
the last year.  We believe that the payment of ransom has 
played a significant role in contributing to this trend.  The 
Government of the United States has a firm &no concessions8 
policy when dealing with hostage takers, including pirates, 
and we would encourage all states to adopt such a policy when 
dealing with pirates. 
 
-- The scourge of piracy off the coast of Somalia affects us 
all through increased risk to our citizens, disruption of 
global commercial shipping routes, and damage to property and 
goods.   Piracy results in higher costs for both 
international corporations and small entrepreneurs that rely 
on international shipping to reach overseas markets.  This 
translates into higher prices for goods throughout the world 
as businesses must absorb higher insurance costs, turn to 
longer shipping routes, and implement counter-piracy security 
measures in response to the problem.  Governments involved in 
counter-piracy initiatives off the coast of Somalia also face 
costs as they work to protect the waters for safe passage. 
 
Renewal of 1846/1851 
 
-- United Nations Security Council resolutions 1846 (2008) 
and 1851 (2008) provide a basis for on-going counter-piracy 
military operations, and the United States believes renewing 
the authorities these resolutions provide is essential for 
future counter-piracy efforts. 
 
-- These authorities offer the best possibility for 
preventing pirates from using Somali territorial waters, 
land, and air as a safe haven to elude forces operating in 
the area.  For example, operating under the authority of 
UNSCRs 1846 and 1851, the United States has undertaken 
actions within the territorial sea of Somalia to ensure that 
dangerous cargo is not offloaded from pirated ships to 
individuals or entities for use in a manner that would be 
destabilizing to the region.  These resolutions also enable a 
powerful deterrent effect,  encouraging member states to more 
frequently patrol and secure the waters off the coast of 
Somalia. 
End text. 
CLINTON