IMO welcomes Security Council moves on Somali piracy

IMO Secretary-General Efthimios E. Mitropoulos has welcomed the adoption yesterday (2 June 2008) by the United Nations Security Council of a resolution authorizing a series of decisive measures to combat acts of piracy and armed robbery against vessels off the coast of Somalia.

Under the terms of resolution 1816 (2008), which was adopted unanimously, the Security Council decided that, following receipt of a letter from Somalia to the President of the UN Security Council giving the consent of Somalia's Transitional Federal Government (TFG), States co-operating with the TFG would be allowed, for a period of six months, to enter the country's territorial waters 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.

This latest move comes after more than two years of intensive effort by IMO to bring this matter to the attention of the Security Council and to urge concerted action, culminating in the adoption, last November, of a second IMO Assembly resolution on the subject. In welcoming the Security Council resolution, Secretary-General Mitropoulos said that firm action was needed, since the current situation was stifling the flow of much-needed aid to the people of Somalia, jeopardizing the lives of innocent seafarers, fishers and passengers, and adversely affecting international trade.

"I am very pleased with the outcome", said Mr. Mitropoulos, "which I consider a positive step in the right direction, and want to thank all Governments who worked hard on the draft and all those who supported the resolution in its final form, as well as the United Nations Secretary-General for his personal contribution to the end result."

He added, "IMO has been asking, since June 2007, that the Transitional Federal Government of Somalia consent to naval ships entering the country's territorial waters to protect shipping under attack by pirates and armed robbers. This has now been done, through the Security Council resolution, and we should work together to ensure that acts of piracy and armed robbery against ships sailing off the coast of Somalia are prevented and suppressed to the benefit of the Somali people, first and foremost, the seafarers and passengers on ships sailing in the region, the shipping industry and international seaborne trade."

The Security Council text was adopted with the consent of Somalia, which itself lacks the capacity to interdict pirates or patrol and secure its territorial waters. It follows a surge in attacks on ships in the waters off the country's coast, including hijackings of vessels operated by the World Food Programme (WFP) and other 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 United Nations Convention on the Law of the Sea, nor be considered as establishing customary international law, the Security Council also requested co-operating 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 adjacent to the coast of Somalia to be vigilant, the Security Council encouraged States interested in the use of commercial routes off the coast of Somalia to increase and co-ordinate their efforts to deter attacks upon and hijacking of vessels, in co-operation with the country's Government. All States were urged to co-operate with each other, with IMO and, as appropriate, with regional organizations, and to render assistance to vessels threatened by or under attack by pirates.

Background
In 2005, the growing number of reported attacks on ships off the coast of Somalia prompted the IMO Assembly to adopt a resolution (A.979(24)), which first brought the matter to the attention of the UN Security Council. This action resulted in a UN Security Council Presidential Statement, issued on 15 March 2006, encouraging UN Member States with naval vessels and military aircraft operating in international waters and airspace adjacent to the coast of Somalia to be vigilant for piracy incidents and to take appropriate action to protect merchant shipping - in particular, ships being used to transport humanitarian aid - against any such act, in line with relevant international law. Subsequently, there was a much-welcomed reduction in acts of piracy and armed robbery in the region.

Nevertheless, the continuing civil conflict and political instability in Somalia later gave rise to renewed attacks on ships and a worrying increase in the number of reported incidents.

In July 2007, IMO and WFP issued a joint communiqué expressing their concern over the situation, in which the supply of much-needed humanitarian aid to the stricken African country was being hampered by pirates and armed robbers whose actions threatened not only the safety of life of those serving or travelling on ships involved, but also jeopardized the prospects of bringing relief to hundreds of thousands of Somalis.

At a meeting in London, also in July 2007, Secretary-General Mitropoulos briefed Mr. Ban Ki moon, the UN Secretary-General, on the situation, in particular on the impact that acts of piracy and armed robbery against ships may have on human life, the safety of navigation and the environment, and requested his support. Following this meeting, the IMO Secretary-General proactively sought the support of Governments, and wrote in this connection to the Minister for Ports and Maritime Transport of the TFG.

On 20 August 2007, the UN Security Council adopted resolution 1772 (2007) on the situation in Somalia, in which, inter alia, it stressed its concern at the upsurge in piracy off the Somali coast and took note of the joint communiqué of IMO and the WFP of 10 July 2007.

In November 2008, renewed calls for action to prevent and suppress acts of piracy and armed robbery against ships, in particular off the coast of Somalia, were made at the 25th session of the IMO Assembly, which adopted a new resolution (A.1002(25)) on Piracy and armed robbery against ships in waters off the coast of Somalia.

The wide-ranging new resolution appealed directly to the TFG. Among other things, it requested the TFG to take any action it deemed necessary to prevent and suppress acts of piracy and armed robbery against ships originating from within Somalia and to ensure that its coastline could not be used as a safe haven from which attacks could be launched. It went on to ask the TFG to take action to ensure that all ships seized by pirates and armed robbers and brought into waters within its territory were released promptly and that ships sailing off the coast of Somalia did not become victims of acts of piracy or armed robbery.

Perhaps most significantly, the resolution asked the TFG to advise the UN Security Council that, in response to a previous request from the IMO Council, of June 2007, it consented to warships or military aircraft entering its territorial sea when engaging in operations against pirates or suspected pirates and armed robbers. In addition, in view of the worsening humanitarian situation in Somalia, the new IMO resolution also asked the TFG to advise the Security Council of its readiness to conclude any necessary agreements so as to enable warships or military aircraft to escort ships employed by the WFP for the delivery of humanitarian aid to Somalia or leaving Somali ports after having discharged their cargo.

Briefing 24, 3 June 2008

Source: IMO