Security Council resolution 2039 (2012) [on acts of piracy and armed robbery at sea off the coast of the States of the Gulf of Guinea]
Symbol: S/RES/2039(2012)
Date: 2012-02-29
Status: adopted
Agenda: S/67 [100] AFRICA--REGIONAL SECURITY
Subjects: Economic Community of West African States|Communauté économique des Etats de l'Afrique centrale|Commission of the Gulf of Guinea|Maritime Organization for West and Central Africa|IMO|UN. Office for West Africa|UN Office for Coordination of Humanitarian and Economic Assistance Programmes relating to Afghanistan|UN. Regional Office for Central Africa|Summit of Heads of State and Government of the Economic Community of West African States, the Economic Community of Central African States and the Commission of the Gulf of Guinea (2013 : Yaoundé)|MARITIME SECURITY|PIRACY|ROBBERY|GULF OF GUINEA|REGIONAL COOPERATION|MARITIME SAFETY|MARITIME TRANSPORT|CRIMINAL LAW|CRIMINAL JURISDICTION|SPECIAL MISSIONS|RESOURCES MOBILIZATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

                United Nations                                                                   S/RES/2039 (2012)*
                Security Council                                                  Distr.: General
                                                                                  29 February 2012




                Resolution 2039 (2012)
                Adopted by the Security Council at its 6727th meeting, on
                29 February 2012

                     The Security Council,
                     Recalling its statement of 30 August 2011 and its resolution 2018 (2011) of
                31 October 2011, on piracy and armed robbery at sea in the Gulf of Guinea,
                     Expressing its deep concern about the threat that piracy and armed robbery at
                sea in the Gulf of Guinea pose to international navigation, security and the
                economic development of states in the region,
                       Recognizing that piracy and armed robbery at sea in the Gulf of Guinea affect
                littoral countries, including their hinterland areas and landlocked countries in the
                region,
                     Expressing its concern over the threat that piracy and armed robbery at sea
                pose to the safety of seafarers and other persons, including through their being taken
                as hostages, and deeply concerned by the violence employed by pirates and persons
                involved in piracy and armed robbery at sea in the Gulf of Guinea,
                      Affirming that international law, as reflected in the United Nations Convention
                on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and
                105, sets out the legal framework applicable to countering piracy and armed robbery
                at sea, as well as other ocean activities,
                     Affirming its respect for the sovereignty and territorial integrity of the States of
                the Gulf of Guinea and their neighbours,
                      Further affirming that the provisions of this resolution apply only with respect
                to the situation in the Gulf of Guinea,
                    Recognizing the urgent need to devise and adopt effective and practical
                measures to counter piracy and armed robbery at sea in the Gulf of Guinea,
                      Emphasizing the importance of building on existing national, regional and
                extraregional initiatives to enhance maritime safety and security in the Gulf of
                Guinea,
                     Welcoming the initiatives already taken by States in the region and regional
                organizations, including the Economic Community of Central African States

            * Reissued for technical reasons on 19 March 2012.


12-24771* (E)
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S/RES/2039 (2012)


               (ECCAS), the Economic Community of West African States (ECOWAS), the Gulf of
               Guinea Commission (GGC) and the Maritime Organization for West and Central
               Africa (MOWCA), to enhance maritime safety and security in the Gulf of Guinea,
                    Noting the ECCAS comprehensive joint maritime security architecture to
               counter piracy in the Central African subregion, including the strategy adopted by
               the ECCAS Peace and Security Council in February 2008, the establishment of the
               Regional Centre for Maritime Security in Central Africa (CRESMAC) in Pointe-Noire, Congo, as well as the multinational coordination centres in the region,
                    Further noting the preparatory steps taken by ECOWAS towards developing a
               maritime security approach through an Integrated Maritime Security Strategy and an
               Integrated Maritime Plan,
                    Noting the importance of adopting a comprehensive approach led by the
               countries of the region to counter the threat of piracy and armed robbery at sea in
               the Gulf of Guinea and their underlying causes,
                     Also noting the need for international assistance as part of a comprehensive
               strategy to support national and regional efforts to assist States in the region with
               their efforts to address piracy and armed robbery at sea in the Gulf of Guinea,
                     Stressing that the coordination of efforts at the regional level is necessary for
               the development of a comprehensive strategy to counter the threat of piracy and
               armed robbery at sea in the Gulf of Guinea, in order to enable the prevention and
               interdiction of such criminal activities and to ensure that persons engaging in piracy
               and armed robbery at sea are prosecuted and punished if convicted, with due regard
               for internationally recognized rules and principles of international law,
                    Reiterating that States in the region have a leadership role to play in
               countering the threat and addressing the underlying causes of piracy and armed
               robbery at sea in the Gulf of Guinea, in close cooperation with organizations in the
               region, and their partners,
                    Welcoming the contributions by Member States and international organizations
               in support of ongoing national and regional efforts to secure Gulf of Guinea coastal
               areas and conduct naval operations, including the joint patrols carried out by the
               Federal Republic of Nigeria and the Republic of Benin off the coast of Benin, and
               also welcoming further contributions, upon request,
                     Expressing its concern about the serious threats to international peace and
               stability in different regions of the world, in particular in West Africa and the Sahel
               Region, posed by transnational organized crime, including illicit weapons and drug
               trafficking, piracy and armed robbery at sea,
                     Affirming its full commitment to promoting the maintenance of peace and
               stability in the Gulf of Guinea region,
                    1.   Welcomes the report of the Secretary-General’s assessment mission on
               piracy in the Gulf of Guinea, which was dispatched to the region from 7 to
               24 November 2011;
                    2.    Encourages national authorities, as well as regional and international
               partners to consider implementing the recommendations of the assessment mission,
               as appropriate;



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                 3.   Stresses the primary responsibility of the States of the Gulf of Guinea to
           counter piracy and armed robbery at sea in the Gulf of Guinea and in this context
           urges them through ECCAS, ECOWAS and the GGC to work towards the convening
           of the planned joint Summit of Gulf of Guinea States to develop a regional
           anti-piracy strategy, in cooperation with the African Union;
                 4.   Requests the Secretary-General through the United Nations Office of
           West Africa (UNOWA) and the United Nations Office of Central Africa (UNOCA)
           to support States and subregional organizations in convening the joint Summit, as
           referenced in resolution 2018 (2011), to the extent feasible;
                 5.    Urges States of the region of the Gulf of Guinea to take prompt action, at
           national and regional levels with the support of the international community where
           able, and by mutual agreement, to develop and implement national maritime
           security strategies, including for the establishment of a legal framework for the
           prevention, and repression of piracy and armed robbery at sea and as well as
           prosecution of persons engaging in those crimes, and punishment of those convicted
           of those crimes and encourages regional cooperation in this regard;
                 6.    Encourages Benin and Nigeria to extend their joint patrols beyond March
           2012, while the countries of the Gulf of Guinea continue to work towards building
           their capacities to independently secure their coastlines and also encourages
           international partners to consider providing support, as needed, in that regard and to
           the extent feasible;
                 7.   Encourages the States of the Gulf of Guinea, ECOWAS, ECCAS and
           GGC, to develop and implement transnational and transregional maritime security
           coordination centres covering the whole region of the Gulf of Guinea, building on
           existing initiatives, such as those under the auspices of the International Maritime
           Organization (IMO);
                 8.    Encourages international partners to provide support to regional States
           and organizations for the enhancement of their capabilities to counter piracy and
           armed robbery at sea in the Gulf of Guinea, including their capacity to conduct
           regional patrols, to establish and maintain joint coordination centres and joint
           information-sharing centres, and for the effective implementation of the regional
           strategy, once adopted;
                 9.   Requests the Secretary-General to support efforts towards mobilizing
           resources following the creation of the regional strategy to assist in building
           national and regional capacities in close consultation with States and regional and
           extraregional organizations;
                10. Further requests the Secretary-General to keep the Security Council
           regularly informed through UNOWA and UNOCA, on the situation of piracy and
           armed robbery at sea in the Gulf of Guinea, including on progress made regarding
           the joint Summit as well as by ECOWAS, ECCAS and the GGC to develop a
           comprehensive strategy to counter piracy and armed robbery at sea;
                11.   Decides to remain seized of the matter.




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