Security Council resolution 1897 (2009) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]
Symbol: S/RES/1897(2009)
Date: 2009-11-30
Status: adopted
Agenda: S/64 [84] SOMALIA SITUATION
Subjects: UN. Contact Group on Piracy off the Coast of Somalia (2009 : New York)|Somalia. Transitional Federal Government|IMO|IMO Djibouti Code Trust Fund|UN. Security Council > Resolutions and decisions|UN. Security Council (63rd year : 2008) > Resolutions and decisions|UN Office on Drugs and Crime|UN Convention on the Law of the Sea (1982)|Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)|Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden (2009)|Charter of the United Nations (1945). Chapter VII|TERRITORIAL SEA|PIRACY|FISHERY RESOURCES|SOMALIA|MARITIME SECURITY|HIJACKING OF SHIPS|ROBBERY|SOMALIA SITUATION|MARITIME LAW|CAPACITY BUILDING|TECHNICAL COOPERATION|REGIONAL ORGANIZATIONS|ARMS EMBARGO|TRUST FUNDS|INTERNATIONAL COOPERATION|MARITIME TRAFFIC|JURISDICTION|PROSECUTION|CRIME VICTIMS|CRIMINAL INVESTIGATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                  S/RES/1897 (2009)
               Security Council                                                Distr.: General
                                                                               30 November 2009




               Resolution 1897 (2009)
               Adopted by the Security Council at its 6226th meeting, on
               30 November 2009

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008),
               1846 (2008), and 1851 (2008),
                     Continuing to be gravely concerned by the ongoing threat that piracy and
               armed robbery at sea against vessels pose to the prompt, safe, and effective delivery
               of humanitarian aid to Somalia and the region, to international navigation and the
               safety of commercial maritime routes, and to other vulnerable ships, including
               fishing activities in conformity with international law and the extended range of the
               piracy threat into the western Indian Ocean,
                    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,
                     Further reaffirming 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 at sea, as
               well as other ocean activities,
                     Again taking into account the crisis situation in Somalia, and the limited
               capacity of the Transitional Federal Government (TFG) to interdict, or upon
               interdiction to prosecute pirates or to patrol or secure the waters off the coast of
               Somalia, including the international sea lanes and Somalia’s territorial waters,
                     Noting the several requests from the TFG for international assistance to
               counter piracy off its coast, including the letters of 2 and 6 November 2009 from the
               Permanent Representative of Somalia to the United Nations expressing the
               appreciation of the TFG to the Security Council for its assistance, expressing the
               TFG’s willingness to consider working with other States and regional organizations
               to combat piracy and armed robbery at sea off the coast of Somalia, and requesting
               that the provisions of resolutions 1846 (2008) and 1851 (2008) be renewed for an
               additional twelve months,




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                    Commending the efforts of the EU operation Atalanta, which the European
               Union is committed to extending until December 2010, North Atlantic Treaty
               Organization operations Allied Protector and Ocean Shield, Combined Maritime
               Forces’ Combined Task Force 151, and other States acting in a national capacity in
               cooperation with the TFG and each other, to suppress piracy and to protect
               vulnerable ships transiting through the waters off the coast of Somalia,
                     Noting with concern that the continuing limited capacity and domestic
               legislation to facilitate the custody and prosecution of suspected pirates after their
               capture has hindered more robust international action against the pirates off the
               coast of Somalia, and in some cases has led to pirates being released without facing
               justice, regardless of whether there is sufficient evidence to support prosecution,
               reiterating that, consistent with the provisions of the Convention concerning the
               repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts
               Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
               to create criminal offences, establish jurisdiction, and accept delivery of persons
               responsible for or suspected of seizing or exercising control over a ship by force or
               threat thereof or any other form of intimidation, and stressing the need for States to
               criminalize piracy under their domestic law and to favourably consider the
               prosecution, in appropriate cases, of suspected pirates, consistent with applicable
               international law,
                     Commending the Republic of Kenya’s efforts to prosecute suspected pirates in
               its national courts, and noting with appreciation the assistance being provided by the
               United Nations Office of 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 support Kenya, Somalia and other States in the
               region, including Seychelles and Yemen, to take steps to prosecute or incarcerate in
               a third state after prosecution elsewhere captured pirates consistent with applicable
               international human rights law,
                     Noting the ongoing efforts within the CGPCS to explore possible additional
               mechanisms to effectively prosecute persons suspected of piracy and armed robbery
               at sea off the coast of Somalia,
                    Further noting with appreciation the ongoing efforts by UNODC and UNDP to
               support efforts to enhance the capacity of the corrections system in Somalia,
               including regional authorities, to incarcerate convicted pirates consistent with
               applicable international human rights law,
                     Welcoming the adoption of the Djibouti Code of Conduct concerning the
               Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean
               and the Gulf of Aden, and the establishment of the International Maritime
               Organization (IMO) Djibouti Code Trust Fund (Multi-donor trust fund- Japan
               initiated), as well as the International Trust Fund Supporting Initiatives of the
               CGPCS, and recognizing the efforts of signatory States to develop the appropriate
               regulatory and legislative frameworks to combat piracy, enhance their capacity to
               patrol the waters of the region, interdict suspect vessels, and prosecute suspected
               pirates,
                     Emphasizing that peace and stability within 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 a durable eradication of piracy



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           and armed robbery at sea off the coast of Somalia, and further emphasizing that
           Somalia’s long-term security rests with the effective development by the TFG of the
           National Security Force and Somali Police Force, in the framework of the Djibouti
           Agreement and in line with a national security strategy,
                 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,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Reiterates that it condemns and deplores all acts of piracy and armed
           robbery against vessels in the waters off the coast of Somalia;
                2.   Notes again its concern regarding the findings contained in the
           20 November 2008 report of the Monitoring Group on Somalia (S/2008/769, page
           55) that escalating ransom payments and the lack of enforcement of the arms
           embargo established by resolution 733 (1992) are fuelling the growth of piracy off
           the coast of Somalia, and calls upon all States to fully cooperate with the
           Monitoring Group on Somalia;
                 3.   Renews 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 this resolution and
           international 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;
                 4.   Commends the work of the CGPCS to facilitate coordination in order to
           deter acts of piracy and armed robbery at sea off the coast of Somalia, in
           cooperation with the IMO, flag States, and the TFG and urges States and
           international organizations to continue to support these efforts;
                 5.   Acknowledges Somalia’s rights with respect to offshore natural resources,
           including fisheries, in accordance with international law, and calls upon States and
           interested organizations, including the IMO, to provide technical assistance to
           Somalia, including regional authorities, and nearby coastal States upon their request
           to enhance their capacity to ensure coastal and maritime security, including
           combating piracy and armed robbery at sea off the Somali and nearby coastlines,
           and stresses the importance of coordination in this regard through the CGPCS;
                6.    Invites all States and regional organizations fighting piracy off the coast
           of Somalia to conclude special agreements or arrangements with countries willing to
           take custody of pirates in order to embark law enforcement officials (“shipriders”)
           from the latter countries, in particular countries in the region, to facilitate the
           investigation and prosecution of persons detained as a result of operations
           conducted under this resolution for acts of piracy and armed robbery at sea off the
           coast of Somalia, provided that the advance consent of the TFG is obtained for the
           exercise of third state jurisdiction by shipriders in Somali territorial waters and that
           such agreements or arrangements do not prejudice the effective implementation of
           the SUA Convention;
                 7.   Encourages Member States to continue to cooperate with the TFG in the
           fight against piracy and armed robbery at sea, notes the primary role of the TFG in


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               the fight against piracy and armed robbery at sea, and decides that for a period of
               twelve months from the date of this resolution to renew the authorizations as set out
               in paragraph 10 of Resolution 1846 (2008) and paragraph 6 of Resolution
               1851 (2008) granted to States and regional organizations 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;
                     8.   Affirms that the authorizations renewed in this resolution apply 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 this resolution shall not be considered as establishing
               customary international law; and affirms further that such authorizations have been
               renewed only following the receipt of the 2 and 6 November 2009 letters conveying
               the consent of the TFG;
                     9.   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 weapons and military equipment destined for the sole
               use of Member States and regional organizations undertaking measures in
               accordance with paragraph 7 above or to supplies of technical assistance to Somalia
               solely for the purposes set out in paragraphs 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);
                     10. Requests that cooperating States take appropriate steps to ensure that the
               activities they undertake pursuant to the authorizations 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;
                     11. Calls on Member States to assist Somalia, at the request of the TFG and
               with notification to the Secretary-General, to strengthen capacity in Somalia,
               including regional authorities, to bring to justice those who are using Somali
               territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at
               sea, and stresses that any measures undertaken pursuant to this paragraph shall be
               consistent with applicable international human rights law;
                     12. Calls upon all States, and in particular flag, port, and coastal States,
               States of the nationality of victims and perpetrators of 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, to ensure that all pirates handed over to judicial
               authorities are subject to a judicial process, and to render assistance by, among other
               actions, providing disposition and logistics assistance with respect to persons under
               their jurisdiction and control, such as victims and witnesses and persons detained as
               a result of operations conducted under this resolution;
                     13. Commends in this context the decision by the CGPCS to establish an
               International Trust Fund to support its initiatives and encourages donors to
               contribute to it;




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                 14. Urges States parties to the Convention and the SUA Convention to fully
           implement their relevant obligations under these Conventions and customary
           international law and cooperate with the UNODC, IMO, and other States and other
           international organizations to build judicial capacity for the successful prosecution
           of persons suspected of piracy and armed robbery at sea off the coast of Somalia;
                 15. Welcomes the revisions by the IMO to its recommendations and guidance
           on preventing and suppressing piracy and armed robbery against ships, and urges
           States, in collaboration with the shipping and insurance industries, and the IMO, to
           continue to develop and implement avoidance, evasion, and defensive best practices
           and advisories to take when under attack or when sailing in the waters off the coast
           of Somalia, and further urges States to make their citizens and vessels available for
           forensic investigation as appropriate at the first port of call immediately following
           an act or attempted act of piracy or armed robbery at sea or release from captivity;
                 16. Requests States and regional organizations cooperating with the TFG to
           inform the Security Council and the Secretary-General within nine months of the
           progress of actions undertaken in the exercise of the authorizations provided in
           paragraph 7 above and further requests all States contributing through the CGPCS to
           the fight against 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 jurisdiction
           and cooperation in the investigation and prosecution of piracy;
                17. Requests the Secretary-General to report to the Security Council within
           11 months of the adoption of this resolution on the implementation of this resolution
           and on the situation with respect to piracy and armed robbery at sea off the coast of
           Somalia;
                 18. Requests the Secretary General of the IMO to brief the Security 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;
                 19. Expresses its intention to review the situation and consider, as
           appropriate, renewing the authorizations provided in paragraph 7 above for
           additional periods upon the request of the TFG;
                20.   Decides to remain seized of the matter.




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