Security Council resolution 1976 (2011) [on acts of piracy and armed robbery at sea off the coast of Somalia]
Symbol: S/RES/1976(2011)
Date: 2011-04-11
Status: adopted
Agenda: S/66 [84] SOMALIA SITUATION
Subjects: UN. Special Adviser to the Secretary-General on Legal Issues Related to Piracy off the Coast of Somalia|UN Office on Drugs and Crime|UNDP|UNOPS|UN. Contact Group on Piracy off the Coast of Somalia|IMO|INTERPOL|Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia|PIRACY|TERRITORIAL SEA|SOMALIA|ROBBERY|CRIME PREVENTION|REGIONAL COOPERATION|MARITIME SECURITY|MARITIME SAFETY|MARITIME TRANSPORT|PROSECUTION|CRIMINAL JURISDICTION|JUDICIAL SYSTEM|CORRECTIONAL SYSTEMS|LAW ENFORCEMENT
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                    S/RES/1976 (2011)
               Security Council                                                Distr.: General
                                                                               11 April 2011




               Resolution 1976 (2011)
               Adopted by the Security Council at its 6512th meeting,
               on 11 April 2011

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1918 (2010) and 1950 (2010),
                     Continuing to be gravely concerned by the growing threat that piracy and
               armed robbery at sea against vessels pose to the situation in Somalia and other
               States in the region, as well as to international navigation, the safety of commercial
               maritime routes and the safety of seafarers and other persons, and also gravely
               concerned by the increased level of violence employed by pirates and persons
               involved in armed robbery at sea off the coast of Somalia,
                    Strongly condemning the growing practice of hostage-taking by pirates
               operating off the coast of Somalia, expressing serious concern at the inhuman
               conditions hostage face in captivity, recognizing the adverse impact on their
               families, calling for the immediate release of all hostages, and noting the
               importance of cooperation between Member States on the issue of hostage-taking,
                    Emphasizing the importance of finding a comprehensive solution to the
               problem of piracy and armed robbery at sea off the coast of Somalia,
                     Stressing the need to build Somalia’s potential for sustainable economic
               growth as a means to tackle the underlying causes of piracy, including poverty, thus
               contributing to a durable eradication of piracy and armed robbery at sea off the coast
               of Somalia and illegal activities connected therewith,
                     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,
               recalling the importance of preventing, in accordance with international law, illegal
               fishing and illegal dumping, including of toxic substances, and stressing the need to
               investigate allegations of such illegal fishing and dumping,
                     Being concerned at the same time that allegations of illegal fishing and
               dumping of toxic waste in Somali waters have been used by pirates in an attempt to
               justify their criminal activities,



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                      Reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (Convention), in particular
               its articles 100, 101 and 105, sets out the legal framework applicable to combating
               piracy and armed robbery at sea, as well as other ocean activities,
                    Further reaffirming that the provisions of this resolution apply only with
               respect to the situation in Somalia and do not affect the rights and obligations or
               responsibilities of Member States under international law;
                     Reiterating its call upon States and regional organizations that have the
               capacity to do so, to take part in the fight against piracy and armed robbery at sea
               off the coast of Somalia, in particular, consistent with resolution 1950 (2010) and
               applicable international law, including human rights law, by deploying naval
               vessels, arms and military aircraft and through seizures and disposition of boats,
               vessels, arms and other related equipment used in the commission of piracy and
               armed robbery at sea off the coast of Somalia, or for which there are reasonable
               grounds for suspecting such use,
                     Underlining the importance of enhancing ongoing work to address the
               problems caused by the limited capacity of the judicial system of Somalia and other
               States in the region to effectively prosecute suspected pirates,
                     Noting with appreciation the assistance being provided by the United Nations,
               including its Office on Drugs and Crime (UNODC), and other international
               organizations and donors, in coordination with the Contact Group on Piracy off the
               Coast of Somalia (CGPCS), to enhance the capacity of the judicial and the
               corrections systems in Somalia, Kenya, Seychelles and other States in the region to
               prosecute suspected, and imprison convicted, pirates consistent with applicable
               international human rights law,
                     Commending those States that have amended their domestic law in order to
               criminalize piracy and facilitate the prosecution of suspected pirates in their national
               courts, consistent with applicable international law, including human rights law, and
               stressing the need for States to continue their efforts in this regard,
                     Noting with concern at the same time that the domestic law of a number of
               States lacks provisions criminalizing piracy and/or procedural provisions for
               effective criminal prosecution of suspected pirates,
                    Further expressing concern over a large number of persons suspected of piracy
               having to be released without facing justice, reaffirming that the failure to prosecute
               persons responsible for acts of piracy and armed robbery at sea off the coast of
               Somalia undermines anti-piracy efforts of the international community and being
               determined to create conditions to ensure that pirates are held accountable,
                     Recognizing the urgent need to undertake decisive further steps to boost
               anti-piracy efforts,
                    Expressing its gratitude for the work done by the Special Adviser to the
               Secretary-General on Legal Issues Related to Piracy off the Coast of Somalia
               Mr. Jack Lang in order to explore new solutions to counter more effectively piracy
               and armed robbery at sea off the coast of Somalia, including by more effective
               prosecution of suspected, and imprisonment of convicted pirates, and noting with
               appreciation the conclusions and proposals set forth in his report to the Security
               Council contained in the annex to document S/2011/30,


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                 Determining that the incidents of piracy and armed robbery at sea off the coast
           of Somalia exacerbate the situation in Somalia, which continues to constitute a
           threat to international peace and security in the region,
                1.    Welcomes the report of the Special Adviser to the Secretary-General on
           Legal Issues Related to Piracy off the coast of Somalia;
                 2.   Recognizes that the ongoing instability in Somalia is one of the
           underlying causes of the problem of piracy and contributes to the problem of piracy
           and armed robbery at sea off the coast of Somalia, and stresses the need for a
           comprehensive response to tackle piracy and its underlying causes by the
           international community;
                3.    Calls upon States to cooperate, as appropriate, on the issue of hostagetaking;
                 4.    Requests States, UNODC, the United Nations Development Programme,
           the United Nations Political Office for Somalia (UNPOS) and regional organizations
           to assist the TFG and regional authorities in Somalia in establishing a system of
           governance, rule of law and police control in lawless areas where land-based
           activities related to piracy are taking place and also requests the TFG and regional
           authorities in Somalia to increase their own efforts in this regard;
                5.   Requests States and regional organizations to support sustainable
           economic growth in Somalia thus contributing to a durable eradication of piracy and
           armed robbery at sea off the coast of Somalia, as well as other illegal activities
           connected therewith, in particular in priority areas recommended by the Istanbul
           conference on piracy in Somalia;
                 6.    Invites States and regional organizations to continue their support and
           assistance to Somalia in its efforts to develop national fisheries and port activities in
           line with the Regional Plan of Action, and in this regard emphasizes the importance
           of the earliest possible delimitation of Somalia’s maritime spaces in accordance with
           the Convention;
                 7.    Recalls preambular paragraphs 6 and 7 above and operative paragraph 2
           of resolution 1950 (2010), and requests the Secretary-General to report within six
           months on the protection of Somali natural resources and waters, and on alleged
           illegal fishing and illegal dumping, including of toxic substances, off the coast of
           Somalia, taking into account the studies on this matter previously conducted by the
           United Nations Environmental Programme and other competent agencies and
           organizations, and expresses its readiness to keep the matter under review;
                 8.   Urges States individually or within the framework of competent
           international organizations to positively consider investigating allegations of illegal
           fishing and illegal dumping, including of toxic substances, with a view to
           prosecuting such offences when committed by persons under their jurisdiction;
                9.    Calls upon States and regional organizations cooperating with the TFG in
           the fight against piracy off the coast of Somalia to further increase their
           coordination to effectively deter, prevent and respond to pirate attacks, including
           through the CGPCS;
                10. Encourages States and regional organisations cooperating with the TFG
           to assist Somalia in strengthening its coastguard capacity, in particular by



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               supporting the development of land-based coastal monitoring and increasing their
               cooperation with the Somali regional authorities in this regard, as appropriate, after
               having any necessary approval from the Council’s Committee pursuant to
               resolutions 751 (1992) and 1907 (2009);
                     11. Calls on States, regional organizations, the United Nations, IMO and
               other appropriate partners to provide all necessary technical and financial support to
               the implementation of the Djibouti Code of Conduct, the Regional Plan of Action
               for Maritime Security in Eastern and Southern Africa and the Indian Ocean agreed
               by Ministers in Mauritius in October 2010, and the CGPCS regional needs
               assessment report, recognizing the political will expressed by regional countries in
               these documents to combat piracy by all means possible, including through
               prosecution and imprisonment;
                    12. Commends the efforts of the shipping industry, in cooperation with the
               CGPCS and IMO, in developing and disseminating the updated version of the Best
               Management Practices to Deter Piracy off the Coast of Somalia and in the Arabian
               Sea Area (BMP) and emphasizes the critical importance for the shipping industry of
               applying the best practices recommended in the BMP;
                     13. Urges all States, including States in the region, to criminalize piracy
               under their domestic law, emphasizing the importance of criminalizing incitement,
               facilitation, conspiracy and attempts to commit acts of piracy;
                     14. Recognizes that piracy is a crime subject to universal jurisdiction and in
               that regard reiterates its call on States to favourably consider the prosecution of
               suspected, and imprisonment of convicted, pirates apprehended off the coast of
               Somalia, consistent with applicable international human rights law;
                     15. Underlines the need to investigate and prosecute those who illicitly
               finance, plan, organize, or unlawfully profit from pirate attacks off the coast of
               Somalia, recognizing that individuals and entities who incite or intentionally
               facilitate an act of piracy are themselves engaging in piracy as defined under
               international law and expresses its intention to keep under review the possibility of
               applying targeted sanctions against such individuals and entities if they meet the
               listing criteria set out in paragraph 8 resolution 1844 (2008);
                     16. Invites States, individually or in cooperation with regional organizations,
               UNODC and INTERPOL, to examine their domestic legal frameworks for detention
               at sea of suspected pirates to ensure that their laws provide reasonable procedures,
               consistent with applicable international human rights law, and also invites States to
               examine domestic procedures for the preservation of evidence that may be used in
               criminal proceedings to ensure the admissibility of such evidence, and encourages
               the CGPCS to contribute to this work;
                      17. Further invites States and regional organizations, individually or in
               cooperation with, among others, UNODC and INTERPOL, to assist Somalia and
               other States of the region in strengthening their counter-piracy law enforcement
               capacities, including implementation of anti-money-laundering laws, the
               establishment of Financial Investigation Units and strengthening forensic capacities,
               as tools against international criminal networks involved in piracy, and stresses in
               this context the need to support the investigation and prosecution of those who
               illicitly finance, plan, organize, or unlawfully profit from pirate attacks off the coast
               of Somalia;


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                 18. Underlines the importance of continuing to enhance the collection,
           preservation and transmission to competent authorities of evidence of acts of piracy
           and armed robbery at sea off the coast of Somalia, and welcomes further work of
           IMO, INTERPOL and industry groups to assist in providing guidance to seafarers
           on preservation of crime scenes following acts of piracy, noting the importance for
           the successful prosecution of acts of piracy of enabling seafarers to give evidence in
           criminal proceedings;
                 19. Urges States and international organizations to share evidence and
           information for anti-piracy law enforcement purposes with a view to ensuring
           effective prosecution of suspected, and imprisonment of convicted, pirates;
                 20. Requests States, UNODC and regional organizations to consider,
           consistent with applicable rules of international human rights law, measures aimed
           at facilitating the transfer of suspected pirates for trial, and convicted pirates for
           imprisonment, including through relevant transfer agreements or arrangements, and
           commends the efforts to date of the CGPCS in this regard;
                 21. Welcomes the readiness of the national and regional administrations of
           Somalia to cooperate with each other and with States who have prosecuted
           suspected pirates with a view to enabling convicted pirates to be repatriated back to
           Somalia under suitable prisoner transfer arrangements, consistent with applicable
           international law including international human rights law, recognizes in this regard
           the discussions between the Government of Seychelles and the national and regional
           administrations of Somalia, which resulted in an agreement in principle of a legal
           framework for the transfer of convicted pirates to Somalia after their prosecution
           and conviction in the Seychelles, and encourages States to continue their efforts in
           this regard;
                 22. Urges States, UNODC, based on support from donors, and regional
           organizations to consolidate international assistance to increase prison capacity in
           Somalia, including by constructing in the short-term additional prisons in Puntland
           and Somaliland, and requests UNODC to continue to provide training for prison
           staff in accordance with relevant international human rights standards and to
           continue to provide monitoring of compliance with such standards;
                 23. Requests the TFG, with the assistance of UNODC, to elaborate and adopt
           a complete set of counter-piracy laws, and in this regard, welcomes the positive
           steps made in Puntland, and the progress being made in Somaliland;
                 24. Emphasizes the need to ensure effective coordination of anti-piracy
           efforts and in that regard requests the Secretary-General to strengthen UNPOS as
           the United Nations focal point for counter-piracy, including the Kampala process;
                 25. Supports the ongoing efforts by regional States in the development of
           anti-piracy courts or chambers in the region, welcomes support by States and
           international organizations, in consultation with the CGPCS, to such efforts, and
           requests the Secretary-General to take appropriate measures to assist States and
           international organizations in such activities;
                 26. Decides to urgently consider the establishment of specialized Somali
           courts to try suspected pirates both in Somalia and in the region, including an
           extraterritorial Somali specialized anti-piracy court, as referred to in the
           recommendations contained in the report of the Special Adviser to the Secretary-



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               General on Legal Issues Related to Piracy off the Coast of Somalia Mr. Jack Lang
               (annex to document S/2011/30), consistent with applicable human rights law, and
               requests the Secretary-General to report within two months on the modalities of
               such prosecution mechanisms, including on the participation of international
               personnel and on other international support and assistance, taking into account the
               work of the CGPCS and in consultation with concerned regional States and
               expresses its intention to take further decisions on this matter;
                     27. Urges both State and non-State actors affected by piracy, most notably
               the international shipping community, to provide support for the above-mentioned
               judicial and detention related projects through the Trust Fund Supporting the
               Initiatives of States Countering Piracy off the coast of Somalia;
                    28.   Decides to remain seized of the matter.




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