Department of Public Information • News and Media Division • New York
Security Council
5902nd Meeting (PM)
SECURITY COUNCIL CONDEMNS ACTS OF PIRACY, ARMED ROBBERY OFF SOMALIA’S
COAST,
AUTHORIZES FOR SIX MONTHS ‘ALL NECESSARY MEANS’ TO REPRESS SUCH ACTS
Resolution 1816 (2008) Adopted Unanimously with Somalia’s
Consent;
Measures Do Not Affect Rights, Obligations under Law of
Sea Convention
Condemning all acts of
piracy and armed robbery against vessels off the coast of
Somalia, the Security Council this afternoon authorized a series
of decisive measures to combat those crimes.
By the terms of resolution
1816 (2008), which was unanimously adopted today, the Council
decided that the States cooperating with the country’s
transitional Government would be allowed, for a period of six
months, to enter the territorial waters of Somalia and use “all
necessary means” to repress acts of piracy and armed robbery at
sea, in a manner consistent with relevant provisions of
international law.
The text was adopted with
consent of Somalia, which lacks the capacity to interdict
pirates or patrol and secure its territorial waters, following a
surge in attacks on ships in the waters off the country’s coast,
including hijackings of vessels operated by the World Food
Programme and numerous commercial vessels -- all of which posed
a threat “to the prompt, safe and effective delivery of food aid
and other humanitarian assistance to the people of Somalia”, and
a grave danger to vessels, crews, passengers and cargo.
Affirming that the
authorization provided in the resolution applies only to the
situation in Somalia and shall not affect the rights and
obligations under the Law of the Sea Convention, nor be
considered as establishing customary international law, the
Council also requested cooperating States to ensure that
anti-piracy actions they undertake do not deny or impair the
right of innocent passage to the ships of any third State.
While urging States, whose
naval vessels and military aircraft operate on the high seas and
airspace of the coast of Somalia to be vigilant, the Council
encouraged States interested in the use of commercial routes off
the coast of Somalia to increase and coordinate their efforts to
deter attacks upon and hijacking of vessels, in cooperation with
the country’s Government. All States were urged to cooperate
with each other, the International Maritime Organization (IMO)
and, as appropriate, regional organizations and render
assistance to vessels threatened by or under attack by pirates.
Speaking prior to action
on the draft, Indonesia’s representative emphasized the need for
the draft to be consistent with international law, particularly
the 1982 United Nations Convention on the Law of the Sea, and to
avoid creating a basis for customary international law for the
repression of piracy and armed robbery at sea. Actions
envisaged in the resolution should only apply to the territorial
waters of Somalia, based upon that country’s prior consent. The
resolution addressed solely the specific situation off the coast
of Somalia, as requested by the Government.
Speaking after the vote,
Viet Nam’s representative said the resolution should not be
interpreted as allowing any actions in the maritime areas other
than Somalia’s or under conditions contrary to international law
and the Law of the Sea Convention.
The representative of
Libya said he had voted in favour of the draft on the
understanding that the resolution related only to acts of piracy
in the maritime areas under jurisdiction of Somalia.
South Africa’s
representative said that it was necessary to be clear that it
was the situation in Somalia that constituted a threat to
international peace and security and not sea piracy in itself.
Furthermore, the resolution must respect the Law of the Sea
Convention, which remained the basis for cooperation among
States on the issue of piracy. The Council should not lose
focus on the larger situation in the country, most importantly
the need to address the political, security and humanitarian
situation on the ground.
China’s representative
said that the Council’s actions should facilitate international
assistance in combating piracy and avoid negative consequences.
Such assistance should be based on the wishes of the Government
and be applied only to the territorial waters of Somalia. It
must comply with the Law of the Sea Convention and must not
constitute conflict with existing international legislation.
The resolution adopted today responded to those requirements to
the greatest extent possible.
The meeting was called to
order at 3:15 p.m. and adjourned at 3:40 p.m.
Background
The Security Council met
this afternoon to consider the situation in Somalia. It had
before it a draft resolution (document S/2008/351) sponsored by
Australia, Canada, Denmark, France, Greece, Italy, Japan,
Netherlands, Norway, Panama, Republic of Korea, Spain, United
Kingdom and the United States, which reads as follows:
“The Security Council,
“Recalling its
previous resolutions and the statements of its President
concerning the situation in Somalia,
“Gravely concerned
by the threat that acts of piracy and armed robbery against
vessels pose to the prompt, safe and effective delivery of
humanitarian aid to Somalia, the safety of commercial maritime
routes and to international navigation,
“Expressing its
concerns at the quarterly reports from the International
Maritime Organization (IMO) since 2005, which provide evidence
of continuing piracy and armed robbery in particular in the
waters off the coast of Somalia,
“Affirming 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, as well as other ocean activities,
“Reaffirming the
relevant provisions of international law with respect to the
repression of piracy, including the Convention, and recalling
that they provide guiding principles for cooperation to the
fullest possible extent in the repression of piracy on the high
seas or in any other place outside the jurisdiction of any
State, including but not limited to boarding, searching, and
seizing vessels engaged in or suspected of engaging in acts of
piracy, and to apprehending persons engaged in such acts with a
view to such persons being prosecuted,
“Reaffirming its
respect for the sovereignty, territorial integrity, political
independence and unity of Somalia,
“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 waters,
“Deploring the
recent incidents of attacks upon and hijacking of vessels in the
territorial waters and on the high seas off the coast of Somalia
including attacks upon and hijackings of vessels operated by the
World Food Programme and numerous commercial vessels and the
serious adverse impact of these attacks on the prompt, safe and
effective delivery of food aid and other humanitarian assistance
to the people of Somalia, and the grave dangers they pose to
vessels, crews, passengers, and cargo,
“Noting the letters
to the Secretary-General from the Secretary-General of the IMO
dated 5 July 2007 and 18 September 2007 regarding the piracy
problems off the coast of Somalia and the IMO Assembly
resolution A.1002 (25), which strongly urged Governments to
increase their efforts to prevent and repress, within the
provisions of international law, acts of piracy and armed
robbery against vessels irrespective of where such acts occur,
and recalling the joint communiqué of the IMO and the
World Food Programme of 10 July 2007,
“Taking note of the
Secretary-General’s letter of 9 November 2007 to the President
of the Security Council reporting that the Transitional Federal
Government of Somalia (TFG) needs and would welcome
international assistance to address the problem,
“Taking further note of
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 and international waters off the coast of Somalia
for the safe conduct of shipping and navigation,
“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 to international peace and security in the
region,
“Acting under
Chapter VII of the Charter of the United Nations,
“1. Condemns and
deplores all acts of piracy and armed robbery against
vessels in territorial waters and the high seas off the coast of
Somalia;
“2. Urges States
whose naval vessels and military aircraft operate on the high
seas and airspace off the coast of Somalia to be vigilant to
acts of piracy and armed robbery and, in this context,
encourages, in particular, States interested in the use of
commercial maritime routes off the coast of Somalia, to increase
and coordinate their efforts to deter acts of piracy and armed
robbery at sea in cooperation with the TFG;
“3. Urges all
States to cooperate with each other, with the IMO and, as
appropriate, with the relevant regional organizations in
connection with, and share information about, acts of piracy and
armed robbery in the territorial waters and on the high seas off
the coast of Somalia, and to render assistance to vessels
threatened by or under attack by pirates or armed robbers, in
accordance with relevant international law;
“4. Further urges
States to work in cooperation with interested organizations,
including the IMO, to ensure that vessels entitled to fly their
flag receive appropriate guidance and training on avoidance,
evasion, and defensive techniques and to avoid the area whenever
possible;
“5. 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 off the Somali and nearby
coastlines;
“6. Affirms that
the measures imposed by paragraph 5 of resolution 733 (1992) and
further elaborated upon by paragraphs 1 and 2 of resolution 1425
(2002) do not apply to supplies of technical assistance to
Somalia solely for the purposes set out in paragraph 5 above
which have been exempted from those measures in accordance with
the procedure set out in paragraphs 11 (b) and 12 of resolution
1772 (2007);
“7. Decides that
for a period of six months from the date of this resolution,
States 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 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
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;
“8. Requests that
cooperating States take appropriate steps to ensure that the
activities they undertake pursuant to the authorization in
paragraph 7 do not have the practical effect of denying or
impairing the right of innocent passage to the ships of any
third State;
“9. Affirms that
the authorization provided in this resolution applies 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 it shall not be considered as establishing
customary international law, and affirms further that this
authorization has been provided only following receipt of the
letter from the Permanent Representative of the Somalia Republic
to the United Nations to the President of the Security Council
dated 27 February 2008 (S/2008/XXX) conveying the consent of the
TFG;
“10. Calls upon
States to coordinate their actions with other participating
States taken pursuant to paragraphs 5 and 7 above;
“11. Calls upon
all States, and in particular flag, port and coastal States,
States of the nationality of victims and perpetrators or 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;
“12. Requests
States cooperating with the TFG to inform the Security Council
within 3 months of the progress of actions undertaken in the
exercise of the authority provided in paragraph 7 above;
“13. Requests the
Secretary-General to report to the Security Council within 5
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;
“14. 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;
“15. Expresses its
intention to review the situation and consider, as appropriate,
renewing the authority provided in paragraph 7 above for
additional periods upon the request of the TFG;
“16. Decides to
remain seized of the matter.”
Statements
Speaking prior to the
vote, HASAN KLEIB (Indonesia) said that his country fully
supported the request of Somalia -- as reflected in the
Transitional Government’s letter to the President of the Council
-- for international assistance in its efforts to address the
acts of piracy and armed robbery against ships off the coast of
Somalia. In drafting a positive response to Somalia’s request,
Indonesia had been guided by the need for the draft to be
consistent with international law, particularly the United
Nations Convention on the Law of the Sea, and would not envisage
any modification of the existing carefully balanced law. Also,
the text should not become a basis of customary international
law for the repression of piracy and armed robbery at sea.
Actions envisaged in the resolution shall only apply to the
territorial waters of Somalia, based upon that country’s prior
consent. The draft resolution must address solely the specific
situation off the coast of Somalia, as requested by the
Government.
Like Somalia and most
Members of the United Nations, Indonesia was a faithful party to
the Law of the Sea Convention and had a legal obligation to
preserve the rights, obligations and responsibilities of Member
States derived from it. Those had been carefully negotiated, in
order to ensure, in a balanced manner, the interests of coastal
and user States. Thus, it was his duty to voice strong
reservations if there were actions envisioned by the Council, or
any other forum, that could lead to modification, rewriting or
redefining the Convention. Ample safeguards were needed. He
was pleased that those considerations had materialized in the
formulation of operative paragraph 9, which stated that “the
authorization provided in this resolution … shall not affect the
rights or obligations or responsibilities of Member States under
international law, including any rights or obligations under the
Convention, … and … it shall not be considered as establishing
customary international law.” It was in the interests of all
that existing laws and norms not be violated when taking steps
against illegal or criminal acts.
Continued political
instability in the country had led to the inability of its law
enforcement to maintain stability and security, he continued.
That situation also extended to the waters off the coast of
Somalia. Thus, Somalia’s unique situation required an
exceptional measure by the international community to deal with
the problem of piracy and armed robbery against vessels. In
that regard, the request and consent from the Somali Government
served as the legal basis for the Council to formulate
appropriate responses within the parameter of international law,
in particular the Law of the Sea Convention.
Piracy and armed robbery
at sea could affect the safety of international navigation, but
the Council needed to exercise caution in trying to address such
acts in other parts of the globe. He was pleased that such
caution was exercised in operative paragraph 14, which requested
the Secretary-General of the International Maritime Organization
(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 cooperative
arrangement, on the situation with respect to piracy and armed
robbery. That caution undoubtedly reflected the Council’s
commitment to uphold international law, in spirit and in letter.
The principles of respect for sovereignty and territorial
integrity enshrined in the Charter had to be espoused by the
Council at all times. In exercising its mandate in the
maintenance of international peace and security, it was possible
to do so without having to challenge the integrity of
international law. Those two objectives were mutually
reinforcing and not exclusive.
As it stood now, the text
had accommodated those two fundamental principles, he said.
Those were about consistency with the Law of the Sea Convention
and the specific situation of piracy and armed robbery off the
coast of Somalia. After all, the text, first and foremost, was
about Somalia. It was about how the Council, together with the
international community, could assist Somalia to fight the
crime. The text would ensure that Somalia would be the
beneficiary of common efforts. His delegation was now ready to
support the draft.
The Council then
unanimously adopted resolution 1816 (2008).
After the vote, HOANG CHI
TRUNG ( Viet Nam) said his country was fully committed to
fight against piracy under the provisions of international law
and the 1982 United Nations Convention on the Law of the Sea.
The resolution adopted should not be interpreted as allowing any
actions taken in the maritime areas other than Somalia’s, or
under conditions contrary to international law and the Law of
the Sea Convention.
IBRAHIM O.A. DABBASHI (
Libya) said his delegation had voted in favour of the draft
on the understanding that the resolution related only to acts of
piracy in the maritime areas under jurisdiction of Somalia.
BASO SANGQU ( South
Africa) welcomed the adoption of the text and said that in
negotiating and agreeing on the resolution, his delegation had
been guided by the fact that the text limited itself to the
situation in Somalia. It was necessary to be clear that it was
the situation in Somalia that constituted a threat to
international peace and security, and not piracy in itself. Sea
piracy was a symptom. Furthermore, the resolution must respect
the Law of the Sea Convention, which remained the basis for
cooperation among States on the issue of piracy. The Council
should not lose focus on the larger situation in the country,
most importantly the need to address the political, security and
humanitarian situation on the ground.
He welcomed the adoption
of resolution 1814 (2008) last month, which provided a signal to
the people of Somalia that the international community was
serious about assisting them in resolving their conflict. As
provided in 1814, the Council was willing to consider, at the
appropriate time, a peacekeeping operation to take over from the
African Union Mission in Somalia, once there was progress in the
political process and improvement in the security situation on
the ground. He was pleased that the Council’s visit to Africa
had begun with a discussion in Djibouti with key parties in
Somalia. He hoped the visit would provide impetus to the
ongoing international efforts to resolve the conflict in
Somalia.
LA
YIFAN ( China) said that his country had always respected
the sovereignty, independence and territorial integrity of
countries and supported the national reconciliation process in
Somalia, which was trying to achieve peace and stability after
17 years of conflict. The Council’s visit to Africa had fully
demonstrated the importance its members attached to the
situation in Somalia. The rise of piracy off the coast of that
country constituted a great threat to its peace process and
international efforts for humanitarian relief. Somalia had
asked for assistance in combating piracy, and the international
community was widely supportive of that request. The Council
had authorized Member States to assist the Government in
combating piracy, and China supported prompt adoption of the
text.
The issue of piracy was
closely related to the rights and obligations in the oceans, and
the Council had to act with great prudence, he continued. Its
actions should facilitate international assistance in combating
piracy and avoid negative consequences. Such assistance should
be based on the wishes of the Government and applied only to the
territorial waters of Somalia, not expanding to other regions.
It must comply with the Law of the Sea Convention and must not
constitute conflict with existing international legislation.
The resolution adopted today responded to those requirements to
the greatest extent possible. It was both positive and prudent,
and China had voted in favour of the draft.
In the course of its
application, various problems might come up and might require
international cooperation, he added. The piracy should not be
seen as a stand-alone issue, but as an expression of the
situation in the country. The international community should
focus on removing the root causes of the current situation in
Somalia. China was ready to join others in the continued
effort to achieve peace and stability in that country.
* *** *
Source:
http://www.un.org/News/Press/docs/2008/sc9344.doc.htm
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