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UN Resolution 2020 – Maritime Piracy Somalia (November 22, 2011). The text

Resolution 2020 (2011) adopted by the United Nations Security Council (New York, 22 November 2011)

THE SITUATION IN SOMALIA

Text of draft resolution S/2011/725

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, in particular the resolutions 1814 (2008) 1816 (2008) 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010) 1950 (2010) 1976 (2011) and 2015 (2011), as well as the statement of its President (S/PRST/2010/16) dated August 25, 2010,

Remaining deeply concerned about the threat posed by acts of piracy and armed robbery against ships to the security, timeliness and efficiency of the delivery of humanitarian assistance to Somalia and the region, the safety of seafarers and other persons, on international navigation and the safety of commercial maritime routes, and on other vulnerable vessels, including fishing activities conducted in accordance with international law, and that pirates now threaten the western part of the Indian Ocean and adjacent maritime areas and have increased their means of action,

Expressing concern at reports of the involvement of children in acts of piracy off the coast of Somalia,

Considering that the continuing instability in Somalia contributes to the problem of piracy and armed robbery off the coast of Somalia and stressing the need for the international community to act on all fronts to tackle piracy and its root causes,

Considering that it is necessary to take measures of investigation and prosecution not only against suspected pirates captured at sea, but also against anyone who incites the commission of an act of piracy or intentionally facilitates it, including the masterminds of criminal networks of piracy who plan, organize, facilitate or finance attacks perpetrated by pirates or illicitly profit from them, expressing once again its concern that many people suspected of piracy are released without having been tried, reaffirming that the failure to translate bringing to justice those responsible for acts of piracy and armed robbery off the coast of Somalia undermines the international community's fight against piracy, and expresses its determination to hold pirates to account their actions,

Reaffirming its commitment to the sovereignty, territorial integrity, political independence and unity of Somalia, including the rights of Somalia to natural resources off its coasts, including fisheries, accordance with international law, and recalling the importance of preventing illegal fishing and the illegal dumping of waste, including toxic substances, stressing the importance of investigating allegations of illegal fishing and dumping waste and taking note with appreciation in this regard of the report of the Secretary-General on the protection of Somali natural resources and waters (S/2011/661), prepared pursuant to paragraph 7 of its resolution 1976 (2011),

Further reaffirming that international law, as set forth in the United Nations Convention on the Law of the Sea of ​​10 December 1982 ("the Convention"), provides the legal framework for combating piracy and theft armed robbery at sea, among other maritime activities,

Taking into account once again the crisis in Somalia and the fact that the Transitional Federal Government does not have the means to keep pirates at bay, to prosecute those who are arrested, or to patrol the waters off of the country's coasts, including international sea lanes and Somali territorial waters, and to ensure their security,

Taking note of the numerous requests for international assistance made by the Transitional Federal Government to combat piracy off the coast of Somalia, in particular the letter dated 10 November 2011 from the Permanent Representative of Somalia to the United Nations expressed the TFG's appreciation for the Council's assistance, expressed its readiness to consider working with other States and regional organizations to combat piracy and robbery army off the coast of Somalia, and called for the provisions of resolution 1897 (2009) to be renewed for a further period of twelve months,

Welcoming the efforts of the European Union's Operation Atalanta, the North Atlantic Treaty Organization's Operations Allied Protector and Ocean Shield, Combined Maritime Forces Multinational Force 151 and others States acting individually, in cooperation with the Transitional Federal Government and other countries, to suppress piracy and protect vulnerable vessels cruising off the coast of Somalia, and welcoming the efforts made by some countries, including Saudi Arabia , China, the Russian Federation, India, Japan, Malaysia, the Republic of Korea, the Islamic Republic of Iran and Yemen, which have deployed ships or aircraft to the region in support of these efforts, as noted by the Secretary-General in his report (S/2011/662),

Welcoming the capacity-building activities carried out under the Djibouti Code of Conduct, the International Maritime Organization (IMO) Trust Fund for the Djibouti Code of Conduct and the Trust Fund for supporting the initiatives taken by States to combat piracy off the coast of Somalia, and noting the need for all relevant international and regional organizations to cooperate fully,

Noting with appreciation the efforts made by IMO and the shipping industry to develop and update guidelines, best practices and recommendations to help ships prevent and repress pirate attacks off the coast Somalia, including in the Gulf of Aden and the Indian Ocean, and mindful of the work of the IMO and the Contact Group on Countering Piracy off the coast of Somalia with regard to embarkation private armed security personnel on board ships in high-risk areas,

Noting with concern that the lack of resources and the absence of domestic legislation to detain and prosecute suspected pirates after their capture have prevented more vigorous international action against pirates operating off the coast of Somalia and, in some cases, compelled to release pirates without bringing them to justice, even though the incriminating evidence was sufficient to justify prosecution, and reaffirming that under the terms of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Navigation States Parties are required to criminalize the act of seizing or exercising control of a vessel by violence or the threat of violence or any other form of intimidation, to establish their jurisdiction over regard to these offenses and to accept the surrender of persons responsible or suspected of such acts,

Emphasizing the importance of continuing to improve the collection, preservation and transmission to the competent authorities of evidence of acts of piracy and armed robbery committed off the coast of Somalia, and welcoming the work of IMO, INTERPOL and maritime carriers to develop instructions for seafarers on how to maintain after acts of piracy the places where these acts have been committed, and noting the importance, to ensure that the proceedings brought against the perpetrators of acts of piracy are successful, to allow seafarers to testify in criminal proceedings,

Taking note of the consensus reached at the Ninth Plenary Session of the Contact Group for Piracy off the Coast of Somalia held on 14 July 2011 regarding the establishment of a Working Group 5 on "Illicit Financial Flows Associated with piracy off the coast of Somalia,”

Noting that pirates are increasingly turning to kidnappings and hostage-taking and that these activities help them raise funds to buy weapons, attract new recruits and continue their operations, thus endangering security and safety of innocent civilians and undermining free trade,

Reaffirming international condemnation of kidnappings and hostage-taking, including those punishable under the International Convention Against the Taking of Hostages, strongly condemning the continuing practice of the taking of hostages by suspected pirates operating off the coast of Somalia, expressing grave concern at the inhumane conditions in which the hostages are being held captive, aware of the repercussions on the lives of their families, calling for the immediate release of all hostages and recognizing the importance of cooperation between Member States regarding the issue of hostage-taking, as well as the need to prosecute suspected pirates for hostage-taking,

Welcoming the efforts made by the Republic of Kenya and the Republic of Seychelles to prosecute suspected pirates in their national courts, welcoming the commitment of the Republic of Mauritius and the United Republic of Tanzania, and noting with satisfaction assistance provided by the United Nations Office on Drugs and Crime (UNODC), the Trust Fund to Support State Initiatives to Combat Piracy off the Coast of Somalia and other international organizations and donors, in coordination with the Contact Group for Piracy off the Coast of Somalia, to assist Kenya, the Seychelles, Somalia and other States in the region, including Yemen, to take, in accordance with applicable international human rights law, measures to prosecute, or imprison in a third State after prosecution elsewhere, pirates appr including those who facilitate or finance their acts, and emphasizing the need for States and international organizations to redouble their efforts in this regard,

 

Welcoming the readiness of national and regional administrations in Somalia to cooperate with each other and with States that have prosecuted suspected pirates so that convicted pirates can be repatriated to Somalia under appropriate transfer arrangements detainees, in compliance with applicable international law, including international human rights law,

Welcoming the report submitted by the Secretary-General (S/2011/662) pursuant to resolution 1950 (2010) on the implementation of that resolution and on the situation regarding piracy and armed robbery off the coasts of Somali coasts,

Welcoming the report of the Secretary-General on the modalities for the establishment of specialized courts in Somalia to try persons suspected of piracy (S/2011/360), submitted pursuant to paragraph 26 of resolution 1976 (2011), as well as the work undertaken by the Contact Group for Piracy off the Coast of Somalia and the United Nations Secretariat to explore the possibility of using additional mechanisms to effectively prosecute suspected piracy and robbery military off the coast of Somalia, including those who are ashore and intentionally incite or facilitate an act of piracy,

Emphasizing the need for States to consider how to assist seafarers who fall victim to piracy, and welcoming in this regard the ongoing work within the Somali Coast Piracy Contact Group and the International Maritime Organization to develop guidelines on assisting seafarers and others who have been victims of piracy,

Noting with appreciation the continued efforts of UNODC and the United Nations Development Program to strengthen the capacity of the Somali prison system, including regional authorities, in particular with the support of the Trust Fund for support initiatives taken by States to combat piracy off the coast of Somalia, to incarcerate convicted pirates, in accordance with international human rights law,

Bearing in mind the Djibouti Code of Conduct for the Suppression of Acts of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden and aware of the efforts made by the signatory States to develop appropriate regulatory and legislative frameworks to combat piracy, strengthen their means to patrol the waters of the region, intercept suspicious vessels and prosecute those suspected of piracy,

Emphasizing that peace and stability in Somalia, the strengthening of state institutions, economic and social development and respect for human rights and the rule of law are necessary to create the conditions for eradication of piracy and armed robbery off the coast of Somalia, and also stressing that the long-term security of Somalia depends on the effective establishment, by the Transitional Federal Government, of national security forces and a Somali police, within the framework of the Djibouti Agreement and a national security strategy,

Welcoming in this regard that the road map to complete the transition in Somalia, adopted on 6 September 2011, calls upon the Transitional Federal Government, as essential tasks devolved to the Transitional Federal Institutions, to develop a strategy and legislation to combat piracy, in consultation with the regional entities, and to declare an Exclusive Economic Zone, and noting that it has itself made the completion of the tasks set out in the road map conditional on its future support for the federal institutions of transition;

Noting that acts of piracy and armed robbery off the coast of Somalia are aggravating the situation in the country, which continues to threaten international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Reaffirms that it condemns and deplores all acts of piracy and armed robbery committed against ships sailing off the coast of Somalia;

2. Considers that the instability in Somalia is one of the root causes of the problem of piracy and armed robbery off the coast of Somalia and contributes to this problem

3. Emphasizes the need for the international community to take action on all fronts to suppress piracy and address its root causes;

4. Considers that steps should be taken to investigate and prosecute not only suspected pirates caught at sea, but also anyone who incites or intentionally facilitates the commission of an act of piracy, including the masterminds of criminal piracy networks that plan, organize, facilitate or finance attacks by pirates or illicitly profit from them;

5. Calls upon States to cooperate also, as appropriate, in the prosecution of suspected pirates for hostage taking;

6. Reiterates its concern over the observations of the Somalia Monitoring Group in its report of 20 November 2008 (S/2008/769, p. 58) that the increasing payment of ransoms pirates and failure to comply with the arms embargo imposed by resolution 733 (1992) encourage piracy off the coast of Somalia, and calls on all States to cooperate fully with the Somalia Monitoring Group and Eritrea, particularly in terms of sharing information on possible violations of the arms embargo;

7. Again calls upon States and regional organizations in a position to do so to participate in the fight against piracy and armed robbery off the coast of Somalia in particular, in accordance with this resolution and international law, by deploying warships, weapons and military aircraft, seizing boats, ships, weapons and other related materiel which are used or which there are reasonable grounds to suspect are used to commit acts of piracy and theft armed hand off the coast of Somalia and disposing of it,

8. Commends the initiatives taken by the Contact Group to Combat Piracy off the Coast of Somalia to facilitate coordination to deter the commission of acts of piracy and armed robbery off the coast of Somalia, in cooperation with the International Maritime Organization, flag States and the Transitional Federal Government, and urges States and international organizations to continue to support these efforts;

9. Encourages Member States to continue to cooperate with the Transitional Federal Government in the fight against piracy and armed robbery at sea, notes that the latter bears the primary responsibility for combating piracy and armed robbery at sea, and decides to renew, for a further period of twelve months from the adoption of this resolution, the authorizations referred to in paragraph 10 of resolution 1846 (2008) and in paragraph 6 of resolution 1851 (2008) and renewed in paragraph 7 of resolution 1897 (2009) and paragraph 7 of resolution 1950 (2010), granted to States and regional organizations that cooperate with the Transitional Federal Government in the fight against piracy and armed robbery off the coast of Somalia, the names of which the Transitional Federal Government will have previously communicated to the Secretary-General;

10. Affirms that the authorizations renewed in this resolution apply only to the situation in Somalia and do not affect the rights, obligations or responsibilities of Member States deriving from international law, in particular the rights or obligations resulting from the Convention, with respect to any other situation, and emphasizes in particular that this resolution cannot be regarded as establishing customary international law, and further affirms that these authorizations have only been renewed following the receipt of the letter dated 10 November 2011 by which the Transitional Federal Government signified its agreement;

11. Also affirms that the measures imposed in paragraph 5 of resolution 733 (1992) and elaborated in paragraphs 1 and 2 of resolution 1425 (2002) do not apply to deliveries of arms and military equipment reserved for the exclusive use of Member States and regional organizations taking action in accordance with paragraph 9 above nor for the provision of technical assistance to Somalia solely for the purposes set forth in paragraph 6 of resolution 1950 (2010), which subject to a waiver in accordance with the procedure set out in paragraphs 11 (b) and 12 of resolution 1772 (2007);

12. Calls upon Cooperating States to take steps to ensure that their activities pursuant to the authorizations granted in paragraph 9 of this resolution will not have the practical effect of denying or restricting the right of innocent passage vessels from third States;

13. Calls upon Member States to assist Somalia, at the request of the Transitional Federal Government and with the advice of the Secretary-General, to build capacity in Somalia, including that of regional authorities, to bring to justice those who use the territory to plan, promote or commit criminal acts of piracy and armed robbery at sea, and stresses that all actions taken pursuant to this paragraph shall be consistent with applicable international human rights law;

14. Calls upon all States, in particular flag States, port States and coastal States, as well as States of nationality of victims or perpetrators of acts of piracy or armed robbery and States drawing jurisdiction from international law or their internal law, to cooperate in order to determine which will have jurisdiction and to take the necessary measures to investigate and prosecute the perpetrators of acts of piracy and armed robbery committed off the coast of Somalia, including anyone who incites or facilitates the commission of an act of piracy, in accordance with applicable international law, including international human rights law, to ensure that all pirates handed over to judicial authorities are brought to justice, and to support these efforts, in particular by providing assistance in matters of logistics and the exercise of legal remedies vis-à-vis persons under their jurisdiction and their control, such as victims, witnesses and persons detained in connection with operations carried out pursuant to this resolution;

15. Calls upon all States to criminalize piracy in their domestic law and to favorably consider prosecuting suspected pirators who have been apprehended off the coast of Somalia as well as those who facilitated or financed their acts and to imprison those found guilty, in accordance with international law, including international human rights law;

16. Reaffirms its decision to continue to urgently study the possibility of establishing, in Somalia and in other States of the region, specialized courts to try persons suspected of piracy, with substantial participation and/or assistance of the international community, as provided for in resolution 2015 (2011), stresses the importance of these courts having jurisdiction to try not only piracy suspects apprehended at sea, but also anyone who incites the commission of an act of piracy or intentionally facilitates it, including the masterminds of criminal piracy networks who plan, organize, facilitate or finance attacks by pirates or illicitly profit from them;

17. Urges all States to take the necessary measures within the framework of their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of the proceeds thereof;

18. Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks associated with piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

19. Commends INTERPOL for establishing a global piracy database aimed at consolidating information on piracy off the coast of Somalia and facilitating its analysis for legal action, and urges all States to communicate to INTERPOL, through the appropriate channels, information to be included in this database;

20. Emphasizes in this regard the need to facilitate the investigation and prosecution of those who illicitly finance, plan and organize the attacks perpetrated by pirates off the coast of Somalia, or illicitly profit from them;

21. Strongly urges States and international organizations to share evidence and information in their possession for the purpose of suppressing acts of piracy with a view to ensuring that persons suspected of such acts are effectively brought to justice in court and those found guilty incarcerated;

22. Welcomes the establishment of the Trust Fund to Support State Initiatives Combating Piracy off the Coast of Somalia and the International Maritime Organization Trust Fund for the Djibouti Code of Conduct and urges state and non-state actors affected by piracy, and in particular the international shipping industry, to contribute to these funds;

23. Calls upon States parties to the United Nations Convention on the Law of the Sea and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation to fully implement their obligations in this regard conventions and customary international law, and to cooperate with UNODC, the International Maritime Organization, as well as other States and international organizations, with a view to acquiring the legal means to prosecute those suspected of acts of piracy and armed robberies off the coast of Somalia;

24. Urges States, acting individually or through relevant international organizations, to actively consider investigating allegations of illegal fishing activities and illegal dumping of wastes, including toxic substances, with a view to prosecuting the perpetrators of such offenses within their jurisdiction; and takes note of the stated intention of the Secretary-General to include information on this subject in his future reports on piracy off the coast of Somalia;

25. Welcomes the recommendations and guidelines of the International Maritime Organization concerning the prevention and suppression of acts of piracy and armed robbery against ships, stresses the importance of all stakeholders , including the shipping industry, implement these recommendations and guidelines, urges States, in collaboration with the shipping and insurance industries, and the International Maritime Organization to continue to develop briefing notes and best practices regarding evasive, evasive and defensive techniques to be applied by vessels that are under attack or sailing off the coast of Somalia, and also urges States to make their nationals and vessels available for the purpose of forensic investigations, as required, at the first port of call, immediately after any act of piracy or armed robbery at sea or any attempted piracy or theft, or after their release;

26. Invites the International Maritime Organization to continue to contribute to the prevention and suppression of acts of piracy and armed robbery against ships, in particular in coordination with UNODC, the World Food Program ( MAP), the shipping industry and all other relevant stakeholders; and notes the role played by the International Maritime Organization in bringing armed private security personnel on board ships in high-risk areas;

27. Notes the importance attached to guaranteeing the safe delivery by sea of ​​the assistance provided by the WFP and welcomes the action carried out by the WFP, the Union's Atalanta operation European Union and flag States with regard to protection detachments embarked on ships chartered by the WFP;

28. Requests States and regional organizations cooperating with the Transitional Federal Government to inform it and the Secretary-General, within nine months, of the implementation of the measures they have taken pursuant to the authorizations arising from paragraph 9 above and also requests all States participating in the Contact Group to Combat Piracy off the Coast of Somalia, including Somalia and other States in the region, to report by the same deadline on their efforts to establish their investigative and prosecutorial jurisdiction and to cooperate in cases of piracy;

29. Requests the Secretary-General to report to it, within eleven months of the adoption of this resolution, on its implementation and on the situation regarding piracy and armed robbery off the coast of Somalia ;

30. Intends to monitor the situation and, if necessary, consider renewing for additional periods the authorizations arising from paragraph 9 above if the Transitional Federal Government so requests;

31. Decides to remain seized of the matter.

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Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).