S/PV.6865Resumption1 Security Council
▶ This meeting at a glance
59
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Topics
Peacekeeping support and operations
Sustainable development and climate
Economic development programmes
Law of the sea
Counterterrorism and crime
Security Council deliberations
Thematic
The President: Under rule 37 of the Council's
provisional rules of procedure, I invite the
representatives of Denmark, Nigeria and Seychelles to
participate in this meeting.
I wish to remind all speakers to limit their
statements to no more than four minutes, in order to
enable the Council to carry out its work expeditiously.
I now give the floor to the representative of Brazil.
Mrs. Dunlop (Brazil): I thank you, Mr. President,
for organizing this debate on this important topic. We
are also grateful to the Deputy Secretary-General for
his briefing.
Piracy is a complex phenomenon. The international
response must deal with its various aspects in a
comprehensive and integrated manner, starting with
its root causes on land, where the problem truly lies.
Among such causes, one stands out as requiring serious
and constant attention on the part of the international
community. That is the socioeconomic exclusion that
tends to drive many - especially young people - to a
lifetime of crime offshore. If we are to be effective in
our individual and collective efforts to fight piracy and
armed robbery at sea, we must help affected countries to
address economic hardship and the lack of employment
opportunities. That means that any successful and
long-lasting anti-piracy strategy must not limit itself to
improving security and promoting the rule of law. To do
so would risk treating the symptoms of the problem and
not the its key causes. That would be to the detriment of
all involved, in particular the societies affected.
Such an expanded approach is a practical and
relevant application of the understanding expressed by
the Security Council on several occasions regarding the
relationship between security and development, which,
as stated in S/PRST/2011/4, are closely interlinked,
mutually supportive and key to attaining sustainable
peace.
Although the Council has no competence on
development issues per se, it should not lose sight
of those critical interlinkages between security and
development as it discusses peace and security in
piracy-affected regions. When it does address issues
related to threats to international peace and security
arising from piracy, it must also bear in mind the
fact that international law, as reflected in the United
Nations Convention on the Law of the Sea, provides for
the legal framework applicable to combating piracy and
armed robbery at sea, as well as other ocean activities.
The Council's actions must be fully consistent with that
framework.
We are encouraged by the fact that the overall
number of pirate attacks, and particularly that of
successful ones, off the coast of Somalia has decreased.
That indicates the importance of the combined naval
actions in the region, of capacity-building initiatives in
neighbouring Member States and the relevance of the
discussions held in the context of the Contact Group
on Piracy off the Coast of Somalia, as well as at the
International Maritime Organization.
We support those discussions in both forums as
part of a necessary exchange of views that can lead to
the enhancement of regulation and guidelines for ships,
including with respect to the sensitive issue of privately
contracted armed security personnel.
The many recent positive political developments
in Somalia, which give us reason for optimism, will
strengthen Government control over areas still under
the influence of piracy. Moreover, it is important that,
as Government institutions begin to operate more
effectively, the international community rally behind
efforts to improve socioeconomic conditions for the
Somali people. Alternative livelihoods are the best way
to steer Somali youth away from the dangerous dead
end of pirate recruitment.
In the same vein, we welcome the preparatory steps
taken by the Economic Community of Central African
States, the Economic Community of West African
States and the Gulf of Guinea Commission towards
the convening of a summit of Gulf of Guinea States to
adopt a regional anti-piracy strategy.
We recall the emphasis given in Security Council
resolution 2039 (2012) to the importance of building on
existing national, regional and extraregional initiatives
to enhance maritime safety and security in the Gulf of
Guinea. We therefore invite Member States to ensure
that the fight against piracy and armed robbery at sea
in the Gulf of Guinea are in line with and support
the objectives and the spirit of the Zone of Peace and
Cooperation of the South Atlantic. In that context, we
underline the leadership role that States of the region
should play and the benefits of regional coordination
of efforts to counter the threat of piracy and armed
robbery at sea.
Brazil has been paying increasing attention to the
international security implications of piracy in the
Gulf and started to discuss possible modalities for
cooperation, especially in naval capacity-building.
We should not overlook the plight ofpirate hostages.
Brazil deems it important that, in addition to seafarers
taking the necessary precautions to avoid capture,
measures be taken to try to reduce the harm inflicted
upon the victims. In particular, we view the efforts by
the United Nations Office on Drugs and Crime and the
United Nations Political Office for Somalia to develop
assistance programmes for released hostages as a
positive initiative.
To be fully successful, international, regional and
national strategies to combat piracy and armed robbery
at sea must integrate deterrence, security, the rule
of law and socioeconomic development. Brazil will
continue to support initiatives to combat piracy that are
comprehensive in scope and fully attentive not only to
the needs of the international community but also to
the populations of the countries and regions affected by
the problem.
The President: I now give the floor to Mr. Vrailas.
Mr. Vrailas: I wish at the outset to extend warm
thanks to India for having taken this very important
initiative and to Deputy Secretary-General Eliasson for
his presentation.
The acceding country Croatia; the candidate
countries the former Yugoslav Republic of Macedonia,
Montenegro, Iceland and Serbia; the country of the
Stabilization and Association Process and potential
candidate Bosnia and Herzegovina; as well as Ukraine,
the Republic of Moldova and Georgia align themselves
with this statement.
The European Union (EU) remains fully committed
to the fight against piracy. It is not acceptable that
criminal gangs are continuing to take international
shipping lanes hostage and bring suffering to seafarers
and their families.
However, we see positive signs. Somali piracy is at
its lowest levels since 2008, and the progress noted in
the second half of 2011 has continued in 2012. For the
first time, the number of disruptions by naval forces
and other military units is higher than the number of
attacks. The efforts of the European Union Naval Force's
Operation Atalanta and others are commendable, as is
the cooperation with other partners in full adherence to
the principles of international law.
Nevertheless, despite the recent success achieved
in the fight against piracy, we believe that this is not
the time for complacency. Key capabilities of criminal
networks remain, and current trends can easily be
reversed. We should exploit this moment of opportunity
and further reinvigorate our counter-piracy efforts in a
twin approach, at sea and on land.
The EU has launched EUCAP Nestor, a new
regional maritime capacity-building mission which
aims to strengthen the capacity of States in Somalia
and the Indian Ocean to govern their territorial waters
effectively and to reinforce their ability to fight maritime
crime. The mission complements other programmes in
the region.
We fully agree with the Secretary-General's
observations and see the need to increase support to
programmes and initiatives that will limit the ability of
groups of pirates to operate from land while maintaining
the pressure at sea. Key to this will be the ability of the
Somali Government to regain control of its territory,
to which the EU is contributing in a variety of ways,
including by providing training to the Somali defence
forces.
We look forward to close cooperation with the new
Somali Government in ending the culture of impunity.
The international community should increase its
efforts to build law-enforcement and justice capacity
in Somalia, and assist in promoting the growth of
economic opportunities. Piracy networks can operate
only if they are given the necessary space on land,
and we need to provide incentives to communities to
deprive them of that possibility.
Efforts need to continue to pursue piracy network
leaders, financiers and instigators and to track and
disrupt financial flows. Their "risk/reward" ratio needs
to increase, and the underlying business model needs
to be broken.
The EU is actively supporting INTERPOL in its
work to improve the evidence base and capacities of
the countries in the region to investigate crimes of
piracy. EU member States, supported by the European
Police Office, are also active in investigations and in
prosecution efforts.
The effectiveness of international efforts to counter
piracy depends also on full respect for the applicable
international law and the flag State jurisdiction in
international waters.
We remain deeply concerned by a specific case
of disregard of basic principles of international law
concerning the status of military personnel in action
duty as vessel-protection detachments in an official
counter-piracy mission, and the flag State jurisdiction
in international waters.
Finally, allow me to re-emphasize that the EU is
convinced that only the establishment of the rule of
law and economic development will undermine the
breeding ground for organized crime in Somalia.
Although there are differences in methodology-
pirates in the Gulf of Guinea focus more on cargo than
on hostage-taking - the destabilizing and detrimental
effects on the fishing, trade and development activities
of the local population are similar. Through the
Critical Maritime Routes programme, the European
Union is supporting countries in the Gulf of Guinea
in their efforts to establish regional maritime security
mechanisms, share information and coordinate law
enforcement.
In conclusion, none of the actions described can
solve piracy on its own. There is no silver bullet. The
European Union supports an integrated approach.
Continued containment and deterrence by naval forces,
appropriate measures to provide protection to merchant
shipping, actions to end impunity, building regional
capacities and forging solutions on land all need to come
together. The key issues here are timing, sequencing
and coordination.
The President: I now give the floor to the
representative of Denmark.
Mr. Staur (Denmark): First, Denmark would
like to thank India as the current President of the
Security Council for focusing our collective attention
on the global challenge of piracy. We value the good
cooperation that we have with India in the Contact
Group on Piracy off the Coast of Somalia. We share
the view that piracy is a global problem that not only
threatens the global economy, but also causes great
human suffering for those seafarers who are exposed
to that threat.
One of the worst affected areas is the waters off
the coast of Somalia coast in the Gulf of Aden and the
Indian Ocean. Through determined international action
and concerted efforts we have succeeded in suppressing
piracy in that region.
I am pleased that the Secretary-General in his
report (S/2012/783) puts emphasis on the active
engagement of the national and regional administrations
of Somalia. For the first time in 20 years, there is a
central Government in place in Mogadishu. We
have a unique chance to establish a drive for Somali
ownership in the fight against piracy. We urge the new
Government in Mogadishu to work with its neighbours
in order to prepare a comprehensive regional counter-
piracy framework and to adopt the necessary domestic
legislation. A long-term solution is only viable with
a Somalia that can itself eventually deal with the
challenges posed by the threat. Capacity-building is
central to that end.
Another key element of our efforts to curb piracy
has been to identify legal solutions to guide States and
organizations. Denmark is chairing Working Group
2 under the Contact Group on Piracy off the Coast
of Somalia, which, over the past four years, has been
dealing with all legal aspects of countering piracy in
that region. In the 12 meetings so far, legal experts
from 55 States and organizations have exchanged
information on current legal challenges, including
investigation, detention, prosecution, transfer and
incarceration, as well as the legal framework for private
armed guards. Significant progress has been made in
that field. Almost 1,200 suspected pirates have either
been prosecuted or are awaiting prosecution in 21
countries worldwide. We will continue to pursue all
feasible ways to ensure that pirates get prosecuted and
to support national prosecutions in the region.
In the longer perspective, Somali pirates should
be prosecuted in Somalia. That will require that the
necessary legal structures and capacities are in place,
which will need a long and consolidated effort. In the
meantime, international law already today includes the
necessary legal provisions for States and organizations
to counter piracy off the coast of Somalia, including
with regard to piracy leaders, financiers and organizers
operating ashore.
Currently, one of the key challenges is prison
capacity. States of the region, especially Kenya and
Seychelles, are making a truly remarkable effort to
prosecute piracy suspects. However, their prison
capacities are limited, and that has now become an
obstacle to further prosecution.
The Legal Working Group has been working
hard to address the problem by creating a so-called
Piracy Prisoner Transfer Programme, by which Somali
pirates convicted in other States are transferred for
incarceration in Somalia. In line with the observations
by the Secretary-General, the transfer of convicted
pirates to Somalia is crucial to the strengthening of
counter-piracy efforts. That is why the United Nations
Office on Drugs and Crime (UNODC), Working
Group 2 and other actors are working intensively
with the relevant Somali authorities to implement
that concept. As a result, the first post-trial transfers
of 17 convicted pirates took place from Seychelles to
Somaliland in March. We see that as a very positive
and significant development. I am therefore pleased
to report that the post-trial Transfer Programme is in
constant development and refinement, in conformity
with the recommendations contained in the report of
the Secretary-General.
Denmark highly commends the active role that
UNODC and its counter-piracy programme have played
in that regard. As Chair of the Legal Working Group,
we look forward to continuing our close collaboration
with UNODC. We call for all States to support those
important activities.
Despite our success so far in many different areas,
this is no time to rest on our laurels or for complacency.
Pirates are still out there. Should our attention fade,
should Governments turn their attention elsewhere
or should the vigilance of seafarers and the shipping
companies wane, pirates will quickly be back out
in their skiffs. Piracy is a global challenge. There
are pirates operating in the South China Sea and the
Malacca Strait. Countries in that region have come
together and taken comprehensive action in various
fields to eliminate piracy there. We also see increased
activity in the Gulf of Guinea, which affects a number
of countries in West Africa as well as the international
community. The Security Council has expressed its
deep concern about piracy and armed robbery at sea in
the Gulf of Guinea, urging States of the region to act to
counter the scourge at the national and regional levels.
In conclusion, the responses to piracy vary from
region to region but have one thing in common, that
is, close cooperation among States. To overcome the
challenges posed by piracy, we need to work together
on legal issues, on the ground, on building capacity and
on finding ways to reduce the risks to seafarers. We
need to work together in all those areas where global,
regional and national efforts must come together to
counter the threat of piracy.
The President: I now give the floor to the
represenative of Argentina.
Mr. Estreme (Argentina) (spoke in Spanish):
Argentina thanks the Indian presidency of the Security
Council for having convened this open debate on the
maintenance of international peace and security and on the
sensitive issue of piracy in particular. We also appreciate
the submission of the concept note (S/2012/814, annex).
Piracy and armed robbery at sea off the coast of
Somalia are the serious symptoms of a situation that
threatens international peace and security and that have
called for the attention of the international community
and of the Security Council for several years. Recently,
piracy and armed robbery at sea off the Gulf of Guinea
have aroused concern. The Council has issued various
calls for cooperation with countries of the region.
Piracy is a serious illegal act that affects the safety
of navigation. The United Nations Convention on the
Law of the Sea codified customary international law
regarding the repression of piracy. Articles 100 to 107
of the Convention contain the relevant international law
on the repression of piracy. "Armed robbery at sea" is
not an expression found in the Convention. It consists of
acts of violence against ships at sea within the territorial
sea of a State. It is therefore a crime not subject to the
laws applicable to piracy, but to the exclusive criminal
jurisdiction of the coastal State in its territorial sea.
Piracy is an illegal act where the basis for
repressive action against it stems from the United
Nations Convention on the Law of the Sea. But it is
not a matter that should, as such, be addressed by the
Security Council. That does not mean that the Council
cannot, in a specific situation such as Somalia, take
measures. In the Somali case, the Council has adopted
measures on piracy and armed robbery at sea off the
coast of that country because they are simply one of
several symptoms of a complex situation that has been
characterized by the Security Council as a threat to
international peace and security.
Therefore, actions authorized by the Security
Council have a clear legal framework. The Council
has reiterated in all its resolutions on the subject
the provision from resolution 1816 (2008) that the
authorization granted by the Council is applicable
only to the situation in Somalia and applies to the
repression of piracy and armed robbery at sea off the
coast of Somalia. Such authorization shall not affect the
rights and obligations of States under international law,
including the United Nations Convention on the Law
of the Sea, in other situations and shall not constitute
a precedent for international customary law. The
authorization was granted only after the consent of the
Transitional Federal Government of Somalia.
In the case of the Gulf of Guinea, the Security
Council has addressed piracy and armed robbery at
sea from the standpoint of the involvement of regional
organizations, such as the Economic Community of
West African States, the Economic Community of
Central African States and the Commission of the Gulf
of Guinea, without qualifying the situation as a threat
to international peace and security.
It is undeniable that acts of piracy and armed robbery
at sea constitute a threat to the safety of navigation.
But that does not mean that, as such, they constitute
threats to international peace and security under the
terms of Article 39 of the Charter, nor are they a global
phenomenon with the same reach and seriousness in all
regions. Unless the Council adopts specific measures
under Chapter VII, action by States that participate in
the repression of piracy and by specialized agencies
of the United Nations and regional organizations must
conform to international law in force, including the
United Nations Convention on the Law of the Sea.
In the case of Somalia, it being a Chapter VII
situation, States must respect the terms of the
authorization granted by the Security Council. One
aspect of that requirement to respect the terms of the
Council's authorization is that such authorization is
granted to States. An incipient trend, which is partly
inspired by the shipping industry and which is of great
concern, consists of favouring the carrying of weapons
on board private ships. Another aspect is that although
one of the shared concerns is the way in which the
prevailing situation off the coast of Somalia affects the
sustainability of marine living resources, in particular
fisheries, the authorization given by the Council does
not include the repression of illicit acts different from
piracy and armed robbery at sea.
The situation in Somalia goes well beyond piracy
and armed robbery at sea, and even though it is a
serious phenomenon, action by the United Nations
should not be limited to it. We commend the efforts
by countries in the region, by other countries and by
the United Nations to cooperate with Somalia in the
prosecution of responsible parties. But the underlying
causes of piracy and armed robbery at sea in Somalia
have to be addressed with the support and cooperation
of the international community. Capacity-building is
crucial, including for allowing Somalia to benefit from
the exploitation of the natural resources of its maritime
areas.
With regard to the Gulf of Guinea, we commend
the involvement of the relevant regional organizations
and we urge the United Nations to continue to support
those efforts.
In conclusion, Argentina supports cooperation
by the United Nations with States affected by piracy
and armed robbery at sea. However, we would like
to underscore that unless a situation is qualified as
a threat to international peace and security under
Article 39 of the Charter and the Council decides to
take action under Chapter VII, a situation of piracy and
armed robbery at sea is not a matter that falls within
the primary competence of the Security Council. All
actions and any cooperative initiative must conform to
the rules of the 1982 United Nations Convention on the
Law of the Sea.
The President: I now give the floor to the
representative of Saudi Arabia.
Mr. Al-Mouallimi (Saudi Arabia) (Spoke in Arabic):
At the outset, Mr. President, I would like to congratulate
you on your assumption of the presidency of the Security
Council for this month. We wish you every success and
hope that your leadership of the Council's work will
show the necessary vitality, dynamics and ability of
the Council to respond to events affecting international
peace and security.
Since the onset of the newly emerging phenomenon
of piracy, especially off the coast of Somalia, Saudi
Arabia was one of the first countries affected owing
to its geographical location and economic and political
status. Our commercial ships and oil tankers fell under
a direct threat. Some of them were exposed to repeated
attacks, robberies and kidnapping. My country therefore
welcomed the adoption of resolution 1851 (2008),
which led to the establishment of the Contact Group on
Piracy off the Coast of Somalia. The Kingdom of Saudi
Arabia has supported the Group and participated in its
meetings, its working groups and its Trust Fund.
The Kingdom of Saudi Arabia notes with
satisfaction the latest decrease in piracy off the coast of
Somalia. However, we realize that the threat still exists
and that there is an urgent need to support Somalia's
new Government and help it to assert control over the
various parts of the country, including supporting it in
addressing the root causes of piracy off its coast and
on the seas. In that regard, we continue to cooperate
with the international community as it seeks to find
a permanent framework that legalizes the use of
contractual security personnel. That goal is achievable
if we commit ourselves to transparency and full respect
for the sovereignty of each State and the laws that
regulate its regional waters.
I cannot conclude my statement without addressing
the air, sea and land piracy carried out by Israel against
the Palestinian people in Gaza. I wonder what the
minimum number of Palestinian victims needs to be
before the Security Council is moved to shoulder its
responsibilities and seek to stop the Israeli killing
machine. How can you, Mr. President, and members
of the Council turn a blind eye to the wounded babies
and children or ignore the screams of women and the
groans of the elderly who at this very moment are being
subjected to bombardment with Israeli missiles and
rockets? How can anyone hold the victim responsible
for its own killing and ignore the deadly years-long
blockade imposed by Israel on the Gaza Strip? Is it not
time for the Council to order the cessation of violence,
wherever it takes place and whatever its origin, and end
the occupation and to lift the sea blockade in order to
give the Palestinian people an opportunity to lead their
lives freely, independently and in dignity, like the rest
of humankind?
The President: I now give the floor to the
representative of Australia.
Ms. King (Australia): Thank you, Mr. President,
for convening today's important debate. Australia very
much welcomes your initiative, Sir, to address piracy in
a holistic, integrated manner.
Maritime security is vital to the trade that
underpins economic growth. The global economic costs
of piracy are staggering. The cost of Somali piracy, for
example, in the past year alone is estimated to have
reached several billion dollars. Maritime security and
oceanic governance are particularly important to the
blue economy, on which island nations rely for their
livelihoods. Piracy has significant social costs, and
the victims that suffer most acutely are often the least
visible: crew members held for ransom, dependent
families and the families of jailed pirates. Piracy is
also generally linked to other transnational criminal
activity.
Nearly 90 per cent of global piracy attacks in the
past year took place in three regions - the Gulf of
Guinea, the Horn of Africa and South-East Asia. While
the situation in each region is very different, there are
parallels and lessons to be learned across them.
Piracy in the Gulfof Guinea - primarily associated
with the offshore oil and gas industry - needs to
be addressed urgently to avoid escalation. Australia
commends the Economic Community of Central
African States (ECCAS) and Economic Community
of West African States (ECOWAS) for their progress
on comprehensive regional counter-piracy strategies,
and we welcome the proposed summit of ECCAS and
ECOWAS Heads of State and Government next year.
We encourage the development of a regional maritime
information-sharing mechanism.
Australia is pleased to support efforts to address
piracy in the Gulf of Guinea, including through an
expert position in the United Nation's Office on
Drugs and Crime, support for an ECOWAS integrated
maritime strategy and a maritime security workshop to
be held in Ghana next year.
Turning to the Horn of Africa, where piracy has
taken the form of hij acking and holding ships and crews
for ransom, we echo others' comments in welcoming
progress. But as others have also said, such gains can
be easily reversed. Ultimately, addressing piracy in
the region will depend on stability and on economic
opportunity, including in coastal communities. It
is vital that we support the new Somali Government
in consolidating recent gains. We also encourage the
Government to move forward with its declaration
of Somalia's exclusive economic zone, in order to
clarify the legal basis for the protection of its natural
resources. Australia, as an Indian Ocean country,
has been engaged for some time in efforts to address
Somali piracy, including through our contribution to
the Combined Maritime Forces and support aimed at
enhancing the capacity of judicial systems in countries
in the region.
Piracy has declined in recent years in South-
East Asia, in large part thanks to strong and effective
cooperation among the States of the region. The main
problem is now opportunistic theft from ships in port.
Australia has been engaged in efforts to draw
together lessons from across the regions I have
mentioned, including through a conference in July in
Australia and a follow-up seminar held in October here
in New York, which we were very pleased to co-host
with the Permanent Mission of Benin. Key lessons to
emerge - and my written statement contains more
detail - include the facts that strengthening national
capacities to counter piracy is a critical first step;
effective action at sea begins on land; international
cooperation is essential to handle a cross-national
problem; strengthening information sharing is vital;
developing workable legal frameworks to prosecute
pirates is critical; promoting best-practice security
in the international shipping industry is a sound
investment; and, finally, we must do more to assist
captured seafarers and their families.
As a global community, we cannot address this
scourge in the long term without tackling its root
causes, including the lack of economic opportunity,
employment and effective policing. Piracy is an
issue that demonstrates the value and necessity of
international cooperation. Australia will continue to
play its part in that important endeavour.
The President: I now give the floor to the
representative of Egypt.
Mr. Mahmoud (Egypt) (spoke in Arabic): At the
outset, I would like to express our appreciation to the
Indian presidency of the Council for organizing this
debate on the important issue of the "Maintenance of
international peace and security: piracy", as well as to
thank the Deputy Secretary-General for his valuable
contribution.
We would like to align ourselves with the statement
to be made later by the representative of the Islamic
Republic of Iran on behalf of the Non-Aligned
Movement.
There is no doubt that the grave threat posed by acts
of piracy and armed robbery at sea to the major maritime
routes of the world - particularly in the Gulf of Aden,
off the coast of Somalia, in the Gulf of Guinea and in
the western Indian Ocean, as well as the hostage-taking
associated with such acts - causes serious security,
economic and humanitarian repercussions that demand
that the international community redouble its efforts to
combat those acts, especially by addressing their root
causes.
In that regard, Egypt stresses the importance of
sharing lessons learned and best practices in combating
piracy, taking into account their different political and
security considerations, as well as the various operating
methods adopted by piracy networks from one region
to another. In that context - whereas piracy networks
operating in the Gulf of Aden and off the coast of
Somalia exploited the absence of State authority in
Somalia for two decades so as to make that country
a base from which to launch attacks, hijack ships and
take seafarers hostage for ransom - acts of piracy and
armed robbery in the Gulf of Guinea are focused on
seizing cargo aboard vessels transiting the area. The
different objectives and operating methods of criminal
piracy networks therefore clearly demand different
approaches to suppressing them.
Nevertheless, the key factors for success in
combating acts of piracy, wherever they occur, include
helping to build national counter-piracy capacities;
enhancing cooperation and information-sharing at
the regional level; promoting the maritime industry's
commitment to following best practices in high-risk
areas; and fighting impunity by ensuring that suspected
pirates and their leaders and financiers are prosecuted,
as well as by dismantling the illicit funding and
financial flows related to piracy.
While acts of piracy and armed robbery at sea
pose threats to international trade and international
peace and security in general, such acts have a more
profound impact on African countries, as they affect
stability, economic growth and development in Africa.
In that respect, Egypt welcomes the steps taken by the
States of the Gulf of Guinea to suppress acts of piracy,
including by conductingjoint patrols. Egypt emphasizes
the importance of developing a regional anti-piracy
strategy, as outlined in resolution 2039 (2012), and calls
for enhancing the international community's assistance
in building national and regional maritime capabilities.
Among other things, piracy and armed robbery off
the coast of Somalia are the result ofthe absence of State
authority and the lack of development that prevailed
in that country for two decades. Despite the success
of the international community's efforts to reduce the
number of successful attacks, maritime piracy cannot
be eliminated by military means alone; those must be
part of a comprehensive strategy aimed at addressing
the root causes of piracy in all its political, security,
economic and humanitarian dimensions.
In that context, Egypt - as a member of the
Contact Group on Piracy off the Coast of Somalia
and the Contact Group's Trust Fund Board, as
well as through its chairmanship of the Contact
Group's Working Group 4 - has always stressed the
importance of a comprehensive approach on the part of
the international community in addressing piracy off
the coast of Somalia, one that builds on the progress
made in Somalia's security and political situation by
providing more resources to support development and
reconstruction in order to create job opportunities for
Somali youth and thereby end the risk of becoming
involved in piracy networks.
Egypt is confident that the new political regime in
Somalia, under the leadership ofPresident Hassan Sheikh
Mahmoud, will lead to further positive developments
in strengthening stability and development in the
country. Egypt reiterates its commitment to supporting
the Somali Government, including through capacity-
building in the fields of education and health, as well
as by training security forces, the army and the coast
guard.
Egypt reaffirms that the United Nations Convention
on the Law of the Sea defines the legal framework for
combating piracy. We would also like to underscore the
importance of all States upholding their obligations and
responsibilities under the Convention with regard to the
prosecution of suspected pirates. Egypt attaches great
importance to the proper definition of the high risk
area, where the risk of piracy abounds, and emphasizes
that the definition should be based on clear and well-
defined criteria, so that the resources allocated for
counter-piracy measures can be more effectively used
by focusing on the areas where actual incidents of
piracy take place.
Finally, Egypt emphasizes the importance of
establishing regulations for the deployment of privately
contracted armed security personnel on commercial
ships. Putting in place such regulations should be
done through an open consultative process, with the
participation of all parties, particularly the International
Maritime Organization.
As the representative of Saudi Arabia said a few
moments ago, my delegation also finds it difficult to
understand why the Council is discussing an issue such
as piracy while it remains silent with regard to acts
similar to piracy that are being perpetrated by the Israeli
occupation authorities through the blockade of the
Gaza Strip, as well as with regard to the repercussions
of the humanitarian situation there due to the military
operations that have been conducted there over the past
few days.
The President: I now give the floor to the
representative of Luxembourg.
Ms. Lucas (Luxembourg) (spoke in French): I would
first like to thank you, Mr. President, for organizing
this important debate on piracy, which is a useful
complement to the debates focused on specific regions
that the Council has previously organized on this issue.
I would also like to thank the Deputy Secretary-General
for his briefing.
I associate myself with the statement made earlier
by the observer of the European Union.
The determined efforts made for several years now
to combat piracy off the coast of Somalia are beginning
to bear fruit. In that connection, the deployment of
international maritime patrols and the implementation of
best management practices have allowed for a reduction
in the number of attacks and a decrease in their success
rate. While such success is undoubtedly good news, we
must remain vigilant and committed, as more than half
of all the attacks recorded worldwide in 2012 occurred
in the Gulf of Aden, the Red Sea or off the coast of
Somalia.
Luxembourg actively contributes to European
missions in support of the implementation of the
relevant Security Council resolutions, notably through
the provision of surveillance and reconnaissance
aircraft to Operation Atalanta and a contribution to the
training mission for Somali security forces. We are also
considering a contribution to the new regional maritime
capacity-building mission - EUCAP Nestor - which,
in cooperation with Kenya, Djibouti, Seychelles,
Somalia and the United Republic of Tanzania, aims
to strengthen the capacity of the States of the Horn of
Africa to govern their territorial waters effectively and
to ensure maritime security.
While there has been a reduction in acts of piracy
off the eastern shores of the African continent, the Gulf
of Guinea has become a new high-risk zone. During
the year 2012, the number of attacks in that area,
which stretches from Nigeria past Togo to Benin, has
risen. During this year, two ships flying the flag of
Luxembourg were also attacked. I welcome the efforts
by the countries of the region with a view to adopting
a regional anti-piracy strategy in collaboration with the
African Union.
Piracy in the Gulf of Guinea, armed robbery at sea
and the rise ofrelated illicit activities affect the stability
and security of the entire region of West Africa. They
also threaten the socioeconomic development of the
countries of the region. My country has for many years
implemented an active development cooperation policy
that is aimed, among other things, at giving economic
opportunities to coastal populations, especially young
people. We intend to continue with such efforts, which
we also consider as a contribution to the fight against
the insecurity that currently prevails in the region.
Initially, in order to respond urgently, the
international community adopted strategies to address
the effects of piracy, notably through military means.
Although, as I have just mentioned, such strategies
have allowed for a reduction in the number of attacks
and a decrease in their success rate, they have not been
able to halt the phenomenon in a sustainable manner.
I therefore welcome the emphasis put by the Indian
presidency of the Security Council in its concept note
(S/2012/814, annex) on the need for a holistic approach
to maritime safety that also tackles the root causes of
piracy.
In order to tackle the continuing threat, the United
Nations, the international community as a whole and
all the coastal States in areas affected by piracy should
adopt a global strategy that addresses the root causes,
including socioeconomic causes, so as to guarantee
stability at sea and to resolve the problems on land
in a sustainable manner. As the Secretary-General
underlined in his recent report (S/2012/783), such an
approach must combine various elements: deterrence
at sea, the strengthening of institutions that guarantee
the rule of law, the establishment of an adequate legal
framework, the development of the maritime capacities
of coastal States and support for the creation of decent
jobs and the implementation of development projects
on land. As a matter of priority, coastal States in
the areas affected by piracy must be at the centre of
efforts. No lasting progress can be made without the
full involvement of the authorities of the countries
concerned.
Luxembourg will continue to support the countries
affected by the scourge of piracy by promoting and
implementing a holistic approach that brings together
the political and security dimensions, development
cooperation and humanitarian assistance.
The President: I now give the floor to the
representatiave of Estonia.
Mr. Kolga (Estonia): I should like to thank you,
Mr. President, for convening this meeting. I would also
like to thank Deputy Secretary-General Eliasson for
the statement he made today.
Estonia aligns itself with the statement delivered
by the observer of the European Union and would like
to make the following additional remarks.
Piracy is a major threat to commercial shipping,
with an immense cost to the global economy. Besides the
economic loss and implications for regional and global
security, it also entails huge human costs for seafarers
and their families. Drawing from our own experience,
seafarers of any nationality are at risk of being taken
hostage. Piracy affects us all and it should be tackled in
ajoint international effort. In that regard, we commend
the Security Council's work on piracy-related issues, in
particular concerning piracy off the coast of Somalia.
It is important to bear in mind that acts of piracy and
armed robbery are increasingly prevalent elsewhere, in
particular in the Gulf of Guinea. We therefore welcome
the attempt to take up the situation in an integrated
manner.
Estonia is actively contributing to the fight against
piracy off the coast of Somalia by participating in
the European Union (EU) anti-piracy operation EU
NAVFOR-OperationAtalanta, which was launched in
2008. In cooperation with France and Germany, our
vessel-protection detachment team has embarked and
escorted several World Food Programme (WFP) vessels
delivering humanitarian aid to Somalia, as well as
vessels providing equipment and supplies to the African
Union Mission in Somalia (AMISOM). Together
with French troops, the Estonian vessel protection
detachment team has also been involved in the training
of AMISOM. forces, with the aim of helping them to
develop their own vessel-protection capabilities. We
have already decided to continue our contribution at
least until the end of the current mandate.
Our active participation in the fight against piracy
off the coast of Somalia has given us an understanding
of the complexity of the challenges and problems
related to piracy. One such challenge is the legal basis
for allowing the deployment of vessel-protection
detachment teams on board vulnerable ships. We urge
all nations whose ships sail in waters affected by piracy
to bear their responsibility for ships and crews under
their flags by signing flag-State declarations in order to
enable the teams to board vessels and provide effective
protection and deterrence against pirate attacks.
The role of the shipping industry in protecting ships
and seafarers cannot be underestimated. Compliance
with the Best Management Practices adopted by
the International Maritime Organization should be
promoted whenever possible. Arrangements for the use
of privately contracted armed security personnel on
ships also deserve further attention.
The military presence in the Horn of Africa
region, through Operation Atalanta and other
coalitions and nations involved, has contributed
to a significant reduction in the number of piracy
attacks in 2012 - to the lowest level since 2008. That
demonstrates the effectiveness of joint international
efforts and cooperation.
In spite of that relative success, it is clear that a
military response alone is not enough and more must
be done on land. In order to address the root causes of
piracy, a comprehensive, integrated approach is needed.
Somalia is a good example of different aspects that
need to be addressed. Among other things, the political
process, the security situation, the rule of law, good
governance, human rights and the economic, social and
humanitarian situations should be tackled.
One ofthe key elements in the fight against piracy is
the establishment of the rule of law and ending impunity.
Estonia would like to highlight three aspects. First,
States should review their relevant legislation in order
to be able to prosecute international crimes like piracy.
Secondly, in order to ensure that criminal proceedings
take place in full conformity with international human
rights standards, it is vital to make sure that there is
sufficient evidence gathering. States should tackle
effectively any legal, technical or training-related
issues that have arisen. Thirdly, a great deal ofwork has
been done by the relevant participants, including the
United Nations Office on Drugs and Crime, the United
Nations Development Programme and regional actors,
in order to increase regional capacity to prosecute
possible criminals. Efforts made in all three aspects by
all States and organizations should be recognized and
appreciated.
The President: I now give the floor to the
representative of Italy.
Mr. Ragaglini (Italy): I wish to thank the Indian
presidency for convening this timely open debate
on piracy, as well as to thank the Deputy Secretary-
General for his valuable participation.
Italy fully aligns with the statement delivered by
the delegation of the European Union. I would like to
make a few remarks in my national capacity.
Maritime piracy is a deadly threat to the lives
of all men and women working at sea. It is a threat
to the maritime industry and to international trade
and has a destabilizing effect on global security. As
an international crime, maritime piracy should be
countered through a multi-dimensional approach
focused on prevention, diplomacy, deterrence and
security, as well as on addressing its root causes.
International efforts to protect shipping lanes
and fight piracy can be effective only if all nations
cooperate in good faith, according to the established
rules of the international customary law and United
Nations conventions.
Currently, two Italian marines are being detained
by a Member State on charges of murdering two
fishermen, while they were carrying out antipiracy
activities in their capacity as part of a vessel protection
detachment on board an Italian oil tanker navigating in
international waters.
The freedom of navigation will be a meaningless
concept if the exclusive jurisdiction of a flag State in
international waters is not guaranteed. Counter-piracy
operations cannot exist if States do not respect the
functional immunity of vessel protection detachments.
Any erosion of the sending State's exclusive
jurisdiction over servicemen on official duty would
jeopardize the status of our agents in international
missions. The Security Council can expect no less
from each Member State, especially from those that
aim to have a decisive influence on the rules of global
governance.
Italy's longstanding experience in combating
transnational organized crime clearly indicates that, to
be successful, one has to follow the money trail and hit
the crime leaders -not only their foot soldiers - in what
is dearest to them, namely, their earnings from crime.
Bearing that in mind, Italy chairs Working Group 5 of
the Contact Group on Piracy off the Coast of Somalia,
which focuses on illicit financial flows connected to
maritime piracy. We are actively engaged in developing
guidelines and promoting concrete measures to disrupt
land-based criminal networks operating at sea. We
therefore expect the Security Council to send a clear
message to States and to the private sector to strengthen
their international cooperation, in particular in sharing
evidence, information and intelligence.
In full compliance with international law and
the ensuing obligations, every State should make a
full-fledged commitment to raising awareness on
piracy and develop appropriate measures aimed both
at keeping seas safe and at protecting seafarers and
ship owners. An essential step in that regard is for a
country's national legislation to recognize maritime
piracy as a serious crime, including under the United
Nations Convention against Transnational Organized
Crime when applicable.
The decrease in the total number of attacks and
hijackings in 2012 is a success story that has to be
consolidated by enhancing protection and deterrence at
sea, capacity-building in law enforcement, the judiciary
and maritime security sectors in Somalia and in the
region as well as socioeconomic development.
Along with broader compliance with the Best
Management Practices of the International Maritime
Organization, the key factor of the current success
in curbing pirate attacks is the increased cooperation
between naval forces and the maritime industry,
primarily through the use of armed protection in the
form of military or private personnel on board.
The Italian Parliament authorized the use of
embarked armed anti-piracy protection only in high-risk
area international waters and solely on board of Italian-
flagged vessels, as part of counter-piracy measures in
fulfilment of every State's obligation as established by
the United Nations Convention on the Law of the Sea
and the relevant Security Council resolutions. In fact,
no ship embarking with a vessel protection detachment
or privately contracted security personnel has ever
been hijacked.
With regard to privately contracted armed security
personnel and vessel protection detachments, the latter
is the preferred option in our new anti-piracy law. Private
guards are permitted only if the Ministry of Defence
has not granted a ship owner military protection. There
is a need for more comprehensive and standardized
regulations for deploying private security personnel
deployment, as well as for a common understanding of
the relevant legal basis. Italy is actively contributing to
that process. Moreover, vessel protection detachments
enjoy a comparative advantage, not only in terms of
specific training experience and having clear rules of
engagement but also as formidable force multipliers in
employing warships in specific operations with greater
efficiency, thereby enhancing the fight against piracy.
The President: I now give the floor to the
representative of the Republic of Korea.
Mr. Shin Dong Ik (Republic of Korea): At the
outset, I would like to thank you, Mr. President, for
organizing today's open debate on piracy. I also welcome
the the presidential statement (S/PRST/2012/24), which
appropriately emphasizes a holistic and comprehensive
approach in addressing piracy.
My delegation is deeply concerned about piracy
threatening the maritime security of the world's major
trade routes, in particular around the Gulf of Aden
and the Gulf of Guinea. My delegation is of the view
that piracy can be effectively tackled by addressing its
underlying causes on land. Piracy can be rooted out
when domestic Governments regain full control over
their territories and provide their people with sufficient
economic opportunity.
In that sense, my delegation welcomes the recent
launch of the new Somali Government. Progress on
Somalia's political situation should pave the way for a
successful solution to piracy. In overcoming instability
and the lack of governance in Somalia, my delegation
believes that capacity-building for Somalia's judicial
system based on a mid- and long-term perspective
is critical to prosecuting and imprisoning persons
responsible for acts of piracy and armed robbery at sea
off the coast of Somalia.
Various concerted efforts by the international
community are required in combating piracy, which
is, by its nature, a transnational issue. My delegation
highly commends the tireless efforts of the international
community in combating piracy and thereby ensuring
the safety of shipping lanes.
The Republic of Korea has actively joined the
coordinated international efforts to combat Somali
piracy. The Republic of Korea took over the command
of Combined Task Force 151 for the period of June to
September. By participating in the Combined Maritime
Forces operations, we have strengthened ties with
other counter-piracy naval forces and operations in the
Gulf of Aden and Somali basin, as well as developed
communication and collaboration within the merchant
shipping community. We are currently in the last stage
of the National Assembly's approval process for a
one-year extension of the deployment.
The Republic of Korea has also actively participated
in the work of the Contact Group on Piracy off the
Coast of Somalia. Since March, Korea has chaired
Working Group 3, which deals with self-protection
measures against piracy. Korea, as chair, intends to
assist participants in their efforts to improve seafarers'
welfare and prevent piracy by facilitating the use of
privately contracted armed security personnel on board
and implementing best management practices, which
will be discussed at the Working Group 3 meeting to be
held in Seoul in February.
The Republic of Korea established the official
website of the Contact Group in October 2011, and has
operated it jointly since then with the sponsorship of
the United Kingdom and the United States. The website
provides a forum for intersessional discussions among
Contact Group participants and for enhancing public
awareness.
With regard to capacity-building, the Republic
of Korea has financially supported Somalia and
its neighbouring countries, especially through
International Maritime Organization and other United
Nations programmes. In addition, at the Contact
Group's tenth plenary session, held in November 2011,
the Republic of Korea was chosen to serve during
2013 as a board member of the Trust Fund to Support
Initiatives of States Countering Piracy off the Coast of
Somalia, in order to ensure effective use of the Fund.
With the Republic of Korea being one of the
world's largest flag states, my delegation would like
to take this opportunity to renew its commitment to
maritime security and full engagement in international
anti-piracy activities. I firmly believe we can together
address the issue by rallying the firm and resolute
commitment of the international community.
The President: I now give the floor to the
representative of Japan.
Mr. Nishida (Japan): Piracy has been a long-
standing issue for sovereign States over the centuries
and has become a major threat, along with other
outstanding issues such as transnational organized
crime and terrorism. Maritime security in particular is
threatened by piracy and has become of vital concern
for the world economy, since economic and commercial
activities rely on the safe passage of commercial
vessels. Ransoms derived from the kidnapping of
seafarers and vessels serve as resources to fuel even
more transnational crime. Thus it is imperative that the
Security Council address this important issue today in
a regional and global context.
While a number of pirate activities occur in various
parts of the world, piracy off the coast of Somalia
remains the most imminent threat to the international
community. Somalia's piracy attacks total more than
200 cases per year, constituting more than 50 per cent
of all pirate activities in the last three years.
We have been addressing this issue since 2008.
Our experience illustrates the fact that a holistic and
multifaceted approach is effective and is necessary
in tackling this complex issue. Japan believes that
the following measures in particular are mutually
reinforcing and should be further strengthened.
First, Japan emphasizes the need for concerted
efforts by the international community to counter and
prevent pirate attacks at sea. Japan is proud to have
taken part, together with partners, in the concerted
naval operations from the beginning of such operations
in April 2009 by various measures, including the
deployment of two destroyers and two patrol aircraft
in the Gulf of Aden. This year, the number of pirate
attacks is decreasing in the region, but it should be
noted that attacks by pirates are spreading out to the
entire Indian Ocean region. We need to expeditiously
address this new phenomenon.
Secondly, the enhancement of coastal countries'
maritime security is crucial to complementing the
above-mentioned operations. Since most countries
do not have sufficient capacity, support by the
international community is vital. In this regard, Japan
would like to share its anti-piracy experiences in
Asia, which have taken place in the framework of the
Regional Cooperation Agreement on Combating Piracy
and Armed Robbery against Ships in Asia (ReCAAP).
Japan fostered the ReCAAP mechanism as the first
legal framework to tackle the problem of piracy in the
East Asian region, combined with information-sharing
and operational cooperation functions. That framework
contributed to a dramatic decrease in piracy incidents
from 242 in 2000 to 45 in 2009.
Japan finds this regional approach useful for
implementing anti-piracy activities off the coast of
Somalia and in the Gulf of Aden. In this respect, Japan
proactively supports implementation of the Djibouti
Code of Conduct to help establish a similar mechanism,
composed of three information-sharing centres - in
Kenya, Yemen and Tanzania - and a training centre
in Djibouti, through contributions amounting to
approximately $15 million through the International
Maritime Organization.
Thirdly, we cannot forget the legal aspect of
counter-piracy measures, including the apprehension,
prosecution and imprisonment of pirates. We have
explored several options and have now reached a
common understanding that strengthening the Somali
judicial system as a whole, with international assistance,
is the best option. It is all the more encouraging that
the new Somali Government has been formed and is
ready to deal with these outstanding challenges. The
international community should continue its assistance
to enhancing the legal enforcement capacity of Somalia
and its neighbouring countries. Japan commends the
role played by the United Nations and has contributed
a total of $3.5 million to the Trust Fund to Support
Initiatives of States Countering Piracy off the Coast of
Somalia.
Finally, Japan commends the pivotal role played by
the Contact Group on Piracy off the Coast of Somalia
and its working groups and has proactively participated
in the Group since its inception. Japan chaired its
fourth plenary meeting, held in September 2009.
While we acknowledge the importance of that Group
as an information-sharing and policy coordination
mechanism, much improvement is necessary to
enhance the effectiveness of its working methods.
Japan welcomes the adoption of proposals by the
United States, including for a one-year term for the
chairman. Japan does expect more active involvement
by the Secretariat in this regard, particularly by the
Department of Political Affairs, given the fact that the
nexus between the sea and piracy, on the one hand,
and land and peacebuilding, on the other, as well as
the enhanced need for regional cooperation, are the
remaining challenges ahead of us.
The President: I now give the floor to the
representative of Ukraine.
Mr. Sergeyev (Ukraine): On behalf of the delegation
of Ukraine, I would like to thank India's presidency
for convening an open debate on such a relevant and
pressing issue as maritime piracy.
While aligning itself with the statement made
earlier by the European Union, my delegation would
like to make a statement in its national capacity.
Maritime security and law enforcement at sea
are indispensable factors for maintaining not only
regional but also international peace and security.
Therefore the problem of piracy and armed robbery at
sea requires a most coherent and complex response. In
this light, Ukraine is pleased that the Security Council
is deliberating for the first time on piracy and armed
robbery at sea across the regions. Such an integrated
and comprehensive approach will enable us to better
deal with this scourge by making full use of the
successful experiences thus far at the regional level and
by exploring ways of sharing knowledge on anti-piracy
measures from South-East Asia, the waters offthe coast
of Somalia and in the Gulf of Aden. Those lessons can
be applied for the prevention of maritime piracy and
armed robbery in other potentially vulnerable areas.
We commend the recent gains made by the
international community in fighting piracy. In the
waters off the coast of Somalia, our collective measures
have resulted in a sharp decline in pirate attacks and
hijackings, compared to last year. However, according
to the most recent report of the Secretary-General on
this matter (S/2012/783), the current trend of decline
is fully dependent on the naval presence in the
region, the implementation of International Maritime
Organization's guidance and best management
practices and the prosecution of pirates. Ukraine fully
support the Secretary-Generals' concern that this initial
success could always easily be reversed until the root
causes of piracy - namely, instability, lawlessness and
lack of effective governance in Somalia - are properly
addressed.
It should be noted that one of the first steps towards
framing a comprehensive approach to addressing the
root causes of piracy was made during the first-ever
General Assembly thematic debate on the issue at an
informal plenary meeting in May 2010 on the initiative
of Ukraine. We look forward to further efforts to that
end in the framework of the United Nations, including
the Security Council.
As to the emerging challenges of attacks against
merchant ships at sea in the Gulf of Guinea, Ukraine
shares the Security Council's deep concern about the
threat they are posing to international navigation and
especially to the safety of seafarers. We encourage
States in the region and regional organizations to
enhance their efforts to ensure maritime safety and
security in the Gulf of Guinea, including through
developing a legal framework for the prevention and
repression of piracy and armed robbery at sea, as well
as prosecution of persons engaging in those crimes. We
believe that the successful naval and judicial capacity-
building measures applied in other regions should be
taken into due account with respect to the situation in
the Gulf of Guinea.
We must admit that the fight against impunity
for Somali pirates has brought tangible results, with,
to date, 1,186 individuals prosecuted or awaiting
prosecution in 21 States. Much success has been
achieved in addressing piracy and bringing to justice
its perpetrators and facilitators in the Asian region. In
general, a lot of useful recommendations have been
developed with respect to law enforcement, evidence
collection, judicial aspects, post-trial transfers and
imprisonment of convicted pirates.
Ukraine is of the view that those tools merit being
systemized for their better domestic application by
Member States. That is why my delegation came up
with the idea of elaborating, within the United Nations,
model counter-piracy legislation, which would facilitate
the apprehension and prosecution by Member States of
those engaged in piracy and armed robbery. Ukraine
believes that such models would help us efficiently
apply on the national level existing international law
as reflected in the 1982 United Nations Convention on
the Law of the Sea. We encourage our fellow delegates
to actively discuss this idea at the General Assembly
consultations on the law of the sea currently under way.
Ukraine is greatly affected by the threat of piracy
and armed robbery against ships, as some 38,000
Ukrainian nationals are commercial seafarers currently
employed in the world shipping industry. Being highly
concerned with their welfare, Ukraine welcomes the
current efforts to develop guidance to address care
for seafarers who have suffered from pirate attacks
or hostage situations. We urge flag States and ship
owners to do their utmost to ensure the security of crew
members.
As one of the major States of seafarers' origin,
Ukraine has continuously supported international
efforts to secure the safety of maritime shipping. Most
recently, the Government of Ukraine decided to join
Operation Ocean Shield. A flagship of the Ukrainian
naval forces, the frigate Herman Sahaidachny, with a
deck helicopter and a special forces group on board, is
currently preparing to head for the waters off the Horn
of Africa to patrol areas of pirates' activities as a part
of Operation Ocean Shield.
Ukraine commends the United Nations and its
competent agencies for their active role and engagement
in countering maritime piracy and remains committed
to the international efforts to curb that threat.
The President: I give the floor to the representative
of Lithuania.
Ms. Murmokaite (Lithuania): Allow me to begin,
Mr. President, by thanking you for convening this
debate on the efforts to suppress piracy, to which my
country attaches great importance.
The impact of piracy extends far beyond economic
and commercial dimensions, as it undermines security
and good order at sea and threatens State and regional
stability. That, along with its wide geography, calls for
an integrated, multidimensional approach to combating
piracy.
The experience of countering piracy in Somalia
and in the Gulf of Guinea points to a number of critical
elements, as referred to in relevant Security Council
resolutions, such as cooperation, implementation and
a comprehensive approach. Complementarity and
interaction in global, regional and national counter-
piracy efforts are essential. In particular, maritime
security mechanisms, law enforcement coordination
and intelligence-sharing merit continued support by the
United Nations and regional organizations. Successful
examples are 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, operational coordination among the
States of the Gulf of Guinea, and implementation of the
Regional Cooperation Agreement on Combating Piracy
and Armed Robbery against Ships in Asia.
Lithuania is participating in the work of the
Contact Group on Piracy off the Coast of Somalia,
which involves more than 60 States and organizations.
The Group's mandate is limited to Somalia, but its
work has been instrumental in improving the overall
understanding of the phenomenon of piracy and ways to
counter it. Some of its accomplishments, especially in
complex legal matters, may well be used as a reference
source in other situations.
Bringing to justice those responsible for acts
of piracy is a cornerstone of the whole framework
of anti-piracy efforts. We note the continuing gap
between the obligations of Member States and their
implementation. Lithuania believes that increased
support is required for programmes and initiatives
that would speed up the criminalization of piracy,
prosecution and imprisonment and would impede
the ability of pirates to operate from land and at sea.
Furthermore, countering piracy requires concerted
efforts to prosecute its financiers and organizers.
Lithuania supports counter-piracy efforts that
integrate deterrence by naval forces, strengthening the
rule of law, building regional and national capabilities,
providing for economic development and coordinating
law enforcement. At the national level, the Lithuanian
Parliament is to adopt amendments to the Criminal
Code that will address piracy in a comprehensive
manner and will establish the universal jurisdiction
over such crimes.
Besides current participation in the European
Union naval Operation Atalanta, mandated by the
Security Council, and a national element in the
Operational Headquarters in the United Kingdom,
Lithuania intends in the second half of 2013 to
deploy off the coast of Somalia an autonomous vessel
protection detachment, mandated to provide protection
to World Food Programme vessels delivering food aid
to displaced persons in Somalia.
Finally, I wish to briefly refer to the issue of
hostages, raised in the Indian presidency's concept
note (S/2012/814,annex). Like many others countries,
Lithuania had to deal with the situation,when in
2009 and 2010 its ships were hijacked in the Gulf of
Guinea. We need to pay more attention to the situation
of hostages and to sharing relevant best practices and
lessons learned.
The President: I now give the floor to the
representative of the Islamic Republic of Iran.
Mr. Khazaee (Islamic Republic of Iran): I have
the honour to address the Security Council today, on
behalf of the Non-Aligned Movement, about the threats
to international peace and security by acts of maritime
piracy.
At the outset, I would like to thank India, President
for the month of November, for proposing that the issue
of piracy be on the Security Council programme of
work this month and for arranging to convene today's
open debate.
The Non-Aligned Movement (NAM) notes with
appreciation the efforts of the Council in mitigating the
threats emanating from maritime piracy. At the same
time, NAM. remains concerned about the frequency
of pirates' attacks, which threaten safety and security
at sea. Despite international efforts in recent years to
curtail the threat, maritime piracy has remained a major
problem, with economic, commercial, humanitarian
and security dimensions. Several of the major maritime
trade routes of the world, in particular the Gulf of Aden
and the Gulf of Guinea, continue to be affected by
piracy, hampering international trade and commerce.
In the past couple of years, the plight of seafarers
taken hostage and held in captivity by pirates has also
become a matter of serious concern for the international
community.
At the Sixteenth Summit Conference of Heads of
State and Government of the Movement of Non-Aligned
Countries, held in Tehran, Islamic Republic of Iran,
from 26 to 31 August 2012, the Heads of State or
Government of the Non-Aligned Movement expressed
their concern at the continuing acts of piracy and
armed robbery off the coast of Somalia and the Gulf
of Aden, and condemned those acts, which hamper
the delivery of humanitarian aid and pose a threat to
commercial maritime and international navigation in
the region. In that context, they commended the efforts
of the Transitional Federal Government of Somalia
and the international community to fight piracy, while
reiterating the need to address the underlying causes of
piracy on the mainland.
Furthermore, the NAM. Heads of State or Government
welcomed the adoption of resolution 1816 (2008) and
stressed that the resolution should be implemented
in a manner fully consistent with international law,
including the United Nations Convention on the Law of
the Sea. They also welcomed the serious efforts made by
NAM. countries, and other countries that have deployed
their naval vessels in the territorial waters of Somalia
and the Gulf of Aden, to assist in countering acts of
piracy and armed robbery. They further welcomed the
establishment of the Contact Group on Piracy off the
Coast of Somalia, which held its first meeting in New
York on 14 January 2009, and urged the Contact Group
on Piracy to continue strengthening its work, with the
participation of all interested States, in the context of
countering piracy and armed robbery in the sea off the
coastal region of Somalia.
The NAM. Summit meeting also emphasized the
need to focus attention on the illicit financial flows
associated with piracy, with a view to disrupting the
financing and planning of piracy attacks.
The NAM. Summit welcomed the outcomes of the
high-level public-private counter-piracy Conference
convened under the title "Global Challenge, Regional
Responses: Forging a Common Approach to Maritime
Piracy", held on 18 and 19 April 2011, in Dubai, United
Arab Emirates, with the aim of bringing together
concerned parties from Governments, the private sector
and non-governmental organizations in partnership so
as to combat maritime piracy. It also welcomed the
outcomes of the pledging conference, co-chaired by
the United Nations and the United Arab Emirates and
held on 19 April 2011, in support of the Trust Fund to
Support Initiatives of States Countering Piracy off the
Coast of Somalia, established by the United Nations
Secretary-General.
With regard to acts of piracy and armed robbery at
sea in the Gulf of Guinea, the NAM. Summit expressed
its deep concern about the situation and welcomed
resolution 2039 (2012). NAM. affirmed its support for the
efforts made by the States of the region and subregional
organizations to hold a summit with the participation
of all States of the region of the Gulf of Guinea in order
to consider a comprehensive response to this threat in
the region, and also supported the request made to the
Secretary-General to support convening this summit.
The Movement remains resolved to continue
assisting the efforts of the international community in
its quest to mobilize international efforts to tackle the
menace of piracy, including through capacity-building
of the States in the region. Given that piracy is often
a transnational crime, with pirates operating across
national borders, the level of cooperation between
Governments, navies and law-enforcement agencies
has an important role to play. At the United Nations
level, the issue of piracy requires a strong inter-agency
approach that not only addresses the law-enforcement
andjudiciary aspects ofthe problem, but also formulates
solutions aimed at addressing its underlying causes.
I shall now speak in my national capacity.
The Islamic Republic of Iran welcomes the actions
taken at the international level aimed at strengthening
and assisting the countries affected by piracy and
improving their counter-piracy measures. We also
welcome the authorization by the Security Council of
measures to counter this crime and particularly armed
robbery off the coast of Somalia and in the Gulf of
Aden.
After the hijacking of some Iranian ships by
pirates off the coast of Somalia and the Gulf of Aden,
Iran entrusted its navy with the mission of protecting
commercial fleets under the Iranian flag or under
Iranian ownership, as well as other ships in need of
rescue operations and requesting help from the Iranian
navy, in accordance with Security Council resolutions
that authorize Member States to send their warships
to the Gulf of Aden and coastal waters of Somalia to
fight against the pirates. These operations, in line with
the general fight against piracy, have been carried out
through active cooperation on the part of the countries
in the region. The Islamic Republic of Iran's navy
has helped and assisted ships in need of escort or in
danger of being overtaken by pirates, which amounts
to more than 100 cases. The latest such case was in
April 2012, during which an Iranian and a Chinese ship
were rescued and the attempt to hijack those ships was
thwarted.
We have carried out naval manoeuvres in order
to better familiarize our seafarers with situations
involving piracy. Iran participated in international and
regional meetings and workshops on piracy, including
the Djibouti meeting, the London Conference on
Piracy and Somalia, and the subregional meetings
held in Dubai, and has been active in the exchange of
information and the sharing of reports on piracy with
other countries and the relevant international bodies.
The rapid geographical spread of maritime piracy
and the complexity of the issue necessitate a deep and
more comprehensive look at the various facets of the
problem in order that a collective and more coordinated
response may be devised. We hope that this open debate
will provide Member States with a better look at the
needs at the international level in connection with
mitigating the threat of piracy and sharing experiences
for the purpose of improving the international response
aimed at curbing acts of piracy.
The President: I now give the floor to the
representative of Malaysia.
Mr. Haniff (Malaysia): I wish to take this
opportunity to congratulate India on its presidency of
the Council for the month of November. I wish also
to align Malaysia with the statement just delivered by
the Permanent Representative of Iran on behalf of the
Non-Aligned Movement.
Malaysia is of the view that this debate is timely
indeed, as it allows all Member States the opportunity
to address an issue that has plagued most of them. In
that connection, I wish to reiterate Malaysia's support
for the Council's efforts in addressing piracy as a global
threat. In this debate, my delegation would like to
highlight some of our concerns on the threat of piracy,
in particular in the context of the situation off the Coast
of Somalia and the Gulf of Guinea.
On the problem of piracy off the coast of Somalia,
Malaysia welcomes the report of the Secretary-General
(S/2012/783). We are heartened to note that there has
been a sharp decline in the number of pirate attacks and
hijackings so far this year as compared with 2011. The
sharp reduction in the number of attacks and hijackings
confirms that the international community is certainly
on the right path in our common goal to effectively
overcome that threat.
Nevertheless, we could not agree more that piracy
continues to pose a serious threat not only to seafarers,
but also to international trade. In that regard, Malaysia
believes that we need to be cautious so as not to be
complacent in the success that we have enjoyed in
combating piracy. We must continue to have mechanisms
for naval enforcement, an improved implementation
of the International Maritime Organization guidance
and industry-developed best management practices
for Protection against Somali-based Piracy, better
application of self-protection measures, the prosecution
of suspected pirates and the imprisonment of convicted
pirates.
For its part, Malaysia has been involved in the
global effort to combat piracy off the coast of Somalia.
Since 3 September 2008, the Royal Malaysian Navy has
sent five warships to the Gulf of Aden, in stages, to
provide a precautionary escort to Malaysian ships while
traversing the Gulf of Aden. In the course of escorting
Malaysian ships, the Royal Malaysian Navy has also
assisted foreign flagged ships by providing safe passage
for seafarers and those vessels. In that connection, we
commend the role of the Contact Group on Piracy off
the Coast of Somalia in facilitating discussions and
the coordination of actions among Member States
and organizations to suppress piracy off the coast of
Somalia. As a trading nation, Malaysia will continue to
follow the work of the Contact Group closely.
As members may be aware, two ships
belonging to the Malaysian International Shipping
Corporation - the MT Bunga Melati Dua and the MT
Bunga Melati Lima - one Malaysian-flagged tugboat
and one Malaysian-flagged cargo ship, the MVAlbedo,
were captured by pirates off the coast of Somalia
and in the Gulf of Aden from 2008 to 2010. The MV
Albedo is still under the control of the pirates. Malaysia
also arrested six Somali pirates who tried to hijack a
Malaysian vessel in the Gulf of Aden in January 2011.
Those six pirates have been dealt with within the
framework of the Malaysian legal system.
Malaysia has been actively ensuring that our
maritime zones, which include the Straits of Malacca,
are safe and secure for international navigation. The
relevant authorities and enforcement agencies, which
include the Royal Malaysian Navy, the Malaysian
Maritime Enforcement Agency, the Royal Malaysian
Police and the Marine Department, are constantly
undertaking enforcement of the relevant regulations,
direct protection and surveillance of Malaysia's
maritime areas.
It is evident that the overall improvement of
maritime security in the Straits of Malacca is a
reflection of close cooperation among the littoral
States. A comprehensive arrangement for maritime
security in the Straits of Malacca was achieved through
the Malacca Straits Coordinated Patrols in 2004 among
Malaysia, Indonesia and Singapore. In that connection,
I am happy to inform the Council that the incidents of
armed robbery in the Straits of Malacca have dropped
drastically, from a high of nine in 2011 to only one so
far in 2012.
Malaysia will continue to support the call for
strengthened international efforts against piracy in the
concerned areas. It is our hope to see a more vigilant
and forward-looking mechanism in place to address
such security threats. Having said that, we believe
that regional and international cooperation should not
impinge on the sovereignty and territorial integrity of
affected States in any aspect. Malaysia also welcomes
capacity-building cooperation, as well as the exchange
and sharing of information and intelligence on the issue
of piracy. For Malaysia, such regional cooperation
takes place in the frameworks of the Malacca Straits
Sea Patrol and the Eyes in the Sky air patrols.
I would like to assure the Council that Malaysia
will continue to support any effort to ensure the safety
and security of international maritime waters. We look
forward to enhanced efforts to be called for by the
Council in strengthening the international mechanism
to combat piracy at the regional and global levels.
Before concluding, I also wish to call on the
Security Council to act on the urgent issue of Israel's
attack on Gaza and to take appropriate action as
soon as possible. In that regard, I wish to inform the
Council that the Malaysian Parliament is going to
adopt a motion to condemn the attacks and to request
the Security Council to intervene in order to prevent
further civilian casualties and provide necessary
humanitarian assistance. The motion will be submitted
to the President of the Council and the Secretary-
General in due course.
The President: I now give the floor to the
representative of the United Republic of Tanzania.
Mr. Manongi (United Republic of Tanzania):
We thank the Government of India for initiating this
important debate under its presidency of the Council.
We also thank the Deputy Secretary-General for his
presentation this morning.
The United Republic of Tanzania, like other East
African coastal States, has been and continues to be
directly affected by the spectre of maritime piracy and
armed robbery at sea. The incidents that have taken
place to date off the coast of Somalia, the Gulf of Aden
and other areas of the Indian Ocean have disrupted
trade and commerce, inhibited the smooth delivery of
humanitarian aid to Somalia, endangered the safety
of seafarers and other persons, and raised maritime
insurance premiums and thus the price of goods being
shipped by sea to markets in our region.
It is therefore pertinent that we collectively
continue to pursue a comprehensive solution to this
problem, focusing on deterrence, security, the rule of
law and development.
The United Republic of Tanzania has taken several
judicial and security measures domestically to address
the piracy menace. In May 2010, the Parliament of
Tanzania enacted amendments to the Penal Code and
the Merchant Shipping Act, giving our national courts
jurisdiction over offences committed by any person
on the high seas. The amendments also gave piracy a
broader definition, as provided for under the United
Nations Convention on the Law of the Sea. With these
enactments in place, the courts have been able to
prosecute suspected pirates captured within and beyond
Tanzania's territorial waters. Likewise, the Tanzania
People's Defence Forces have carried out operations
both singly and jointly with regional and international
partners. These partnerships have proven crucial in the
fight against piracy.
As we have said in this Chamber before, Tanzania
and other countries of Africa have entered into
agreements to receive and prosecute in national courts
pirates captured off the coast of Somalia. These
arrangements are complementary to prosecution by
the Somali courts themselves. While discharging this
important historical duty of holding these culprits to
account, we would also like to see a predictable and
sustainable international funding mechanism to assist
us in these endeavours. International cooperation and
assistance in this area are pivotal to sustaining our
collective efforts against piracy.
We are pleased with the initial efforts of the
international community, organizations, individual
States and groups of States in suppressing piracy and
building capacities for countries ofour region and Africa.
In particular, we commend the continued leadership of
the Contact Group on Piracy off the Coast of Somalia in
facilitating the discussion and coordination of actions
among States and organizations. The Trust Fund
established by the Contact Group is quite instrumental
in ensuring that justice is administered to suspected
pirates, masterminds and profiteers. We encourage
States that are in a position to do so to contribute to the
Trust Fund.
We are optimistic that piracy in general and Somali
piracy in particular can be eliminated. The recent
statistics on piracy in that area are very promising.
The political milestones in Somalia this year also point
to a brighter future for the country and spell doom
for pirates, pirate masterminds and their financiers.
Piracy must be uprooted from its sources and prevented
from resurfacing anywhere in the world. We should
discourage catch-and-release situations, which are
sending the wrong signals to the culprits.
We also commend the work of the African Union
Mission in Somalia (AMISOM), the European Union,
NATO and other partners that are carrying out
anti-piracy operations, together, as well as the Somali
forces, for contributing to the reduction of piracy in
Somalia. Similarly, we commend the United Nations
Political Office for Somalia, under the leadership of
our compatriot Ambassador Augustine Mahiga, for a
job well done. We believe that the incorporation of a
maritime component into AMISOM's mandate would
further strengthen those efforts.
Despite our optimism, we are concerned that the
defeated elements of Al-Shabaab have moved from the
coast to the hinterlands, as far as eastern Democratic
Republic of the Congo, forging alliances with notorious
armed groups that are engaged in a protracted conflict
in that area. We call on the Security Council to monitor
that new phenomenon, in cooperation with the regional
players such as the International Conference on the
Great Lakes Region.
Finally, we call for the full implementation of
resolutions 1976 (2011) and 2020 (2011) and other
relevant resolutions pertaining to the prevention of
illegal fishing and illegal dumping, including of toxic
substances, on Somali territorial waters and beyond. We
encourage Somalia to proclaim its exclusive economic
zone in accordance with the relevant provisions of the
United Nations Convention on the Law of the Sea.
The President: I now give the floor to the
representative of Thailand.
Mr. Sinhaseni (Thailand): First of all, I wish
to express our sincere appreciation to the Security
Council and particularly to India, the President of the
Council for the month of November, for convening
today's important open debate on the maintenance
of international peace and security, specifically on
the issue of piracy. My delegation aligns itself with
the statement delivered by the representative of the
Islamic Republic of Iran on behalf of the Non-Aligned
Movement.
The rise of maritime piracy over the past several
years is partly due to its being a low-cost, low-risk yet
high-profit venture that can provide a quick road to
riches for the perpetrators. The key to deterring piracy
is therefore to make the costs and risks of engaging in
piracy so high that it is no longer viable as a business.
Thailand, like many countries, has had its vessels
attacked and hijacked and their crewmen held hostage.
We have therefore joined the international efforts
to fight piracy off the coast of Somalia. Thailand
dispatched Royal Thai Navy counter-piracy task units
in 2010 and 2011 to join the anti-piracy operation in
Somalia under the banner of the Combined Maritime
Forces (CMF) in support of related Security Council
resolutions. Our previous commander of the Royal Thai
Navy Counter-Piracy Task Force was also appointed
Commander of Combined Task Force 151, one of the
three task forces under the CMF. We are considering
participating in such anti-piracy patrols continuously,
with our third counter-piracy task unit participating
once again in the latter half of 2012.
Apart from a military response, the disruption
of the illicit financial flows of piracy syndicates and
their networks is another effective measure to counter
maritime piracy. The intra - and interregional
exchange of information and intelligence in that regard
will significantly contribute to anti-piracy activities.
The prosecution ofthose suspected of acts ofpiracy
is no less important. However, different countries have
different legal systems, law enforcement capacities
and other constraints that influence the way they deal
with the issue of piracy and crimes at sea. Therefore,
Thailand encourages Member countries that have put
pirates on trial to share information, experiences and
best practices on related aspects of their judicial sector
development.
Our fight against piracy off the coast of Somalia
will not achieve real victory unless its root causes are
addressed. Thailand shares the view that piracy in the
Gulf of Aden and off the coast of Somalia is deeply
rooted in decades-long instability in the country.
The situation needs to be addressed in a holistic and
sustainable manner. Thailand is a development partner
of several African countries. We are more than ready to
cooperate with Somalia in human resource development
and capacity-building in such fields as agriculture and
fisheries, public health, income generation and law
enforcement.
Apart from participating in deterrence activities
off the coast of Somalia, Thailand, as a coastal State
of the Straits of Malacca, has actively participated in
the Malacca Straits Coordinated Patrols and the air
patrol known as Eyes in the Sky. Both operations have
contributed significantly to the improvement of overall
maritime safety and security in the area. Thailand
also plays an active role in the Regional Cooperation
Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP) and the Maritime
Forum of the Association of Southeast Asian Nations.
We also support more information sharing and
cooperation between ReCAAP and the three piracy
information-sharing centres in Africa, established
under the Djibouti Code of Conduct, as suggested by
the International Maritime Organization.
For all our efforts, the welfare and safety of
shipping and seafarers, the security of navigation and
the stability of global commerce are still at risk due
to piracy. Thailand remains committed to cooperating
actively with the international community to stamp out
maritime piracy.
The President: I now give the floor to the
representative of Israel.
Ms. Schonmann (Israel): At the outset, allow
me to express my delegation's appreciation to you,
Mr. President, for convening today's important debate
and to the Deputy Secretary-General for his presentation
this morning.
Maritime piracy and armed robbery at sea have
been issues of global concern for centuries. In this
age of globalization, maritime trade offers countries
unprecedented opportunities for growth. Indeed, 90 per
cent of the world's commerce is conducted through
the oceans, and piracy poses a profound threat to that
trade. Moreover, maritime commerce is conducted
by seafarers, and we must be mindful of the human
dimension of piracy and the constant threat to their
lives and well-being.
Israel is not immune to those threats; 99 per cent of
our trade is conducted through maritime passageways.
The sea is our lifeline. Our shipping companies have
faced attempts by pirates to hijack our ships in the past,
and freedom of navigation is therefore of vital interest
to Israel.
Piracy is born on shore and perpetrated at sea.
That connection is especially clear in areas where safe
havens are in close proximity to the shipping lanes
where pirates prey and in places where the rule of
law is weak or dormant. As long as organized crime
syndicates, financiers and supporters can sustain
piracy as a lucrative business enterprise, they will find
seas in which to sail. As long as underdevelopment
and political instability on land persist, transnational
criminal enterprises will enjoy an endless supply of
labour. In order to effectively combat piracy, those
core issues must be addressed in a comprehensive and
holistic manner, as also suggested in the concept paper
circulated for today's debate (S/2012/814, annex).
Piracy raises many acute challenges for the
international community, which range from securing
maritime safety and addressing the plight of the victims
of piracy to ensuring that proper law enforcement and
judicial mechanisms are in place. The rise in pirate
attacks in recent years has also prompted questions
relating to the hiring of private security personnel and
their rules of engagement.
Of vital interest to all is ensuring free use of the
high seas in accordance with customary international
principles such as freedom of navigation, innocent
passage and transit passage. What originated as
individual responses by States has now become a
concerted global effort undertaken to the growing
threat of piracy. Israel commends the multilayered,
multi-stakeholder approach inspired by resolution 1816
(2008), and recognizes that it has resulted in a significant
drop in pirate activity off the coast of Somalia. We
note, however, that while the attention of the Security
Council has been primarily focused on Somali pirates,
and more recently on the Gulf of Guinea, there has been
an increase in the incidence of piracy in other areas,
including the South China Sea, the Indian Ocean, West
Africa, South America and the Caribbean.
Israel's domestic legislation explicitly criminalizes
acts of piracy as offences punishable by 20 years of
imprisonment. Our legislation also fully implements
the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation and its
Protocol relating to fixed maritime platforms on the
continental shelf, which provide effective tools for
combating piracy. Our legislation also prohibits the
laundering of funds obtained through or derived from
piracy. The importance ofwell-functioning judicial and
law enforcement mechanisms must not be understated.
Without proper investigations, indictments, trials and
penalties for the convicted, interception will surely
be in vain. The recent report of the Secretary-General
on specialized anti-piracy courts (S/2012/50) has
shown that strengthening national jurisdictions and
enhancing their capacities are important steps towards
a sustainable long-term solution, and we welcome that
approach.
In line with the relevant Security Council
resolutions, Israel works in collaboration with local
shipping industries and continues to develop and
implement best practices for prevention, precautionary
measures and defence against attacks. The relevant
Israeli authorities stay in close contact with local
crews whenever violent incidents occur on the high
seas, advise them on measures to take in emergency
situations, and ensure that ships flying the Israeli flag
request assistance in the event of an emergency.
In addition to piracy, numerous transnational
criminal acts are carried out on the high seas, such as
smuggling and trafficking in weapons, narcotics and
people, as well as terrorism. Today those threats are
converging, as we see piracy increasingly being used
as a platform for carrying out other criminal activities.
In particular, we cannot help noticing the striking
resemblance between the threat of piracy and the threat
of terrorism. Both represent overarching threats that
affect the international community as a whole; both
draw on similar weaknesses in the socioeconomic
fabric of societies; and both take advantage ofa lack of
orderly governance and gaps in legal frameworks.
A coordinated international response should be
based on identifying positive elements at the regional
level and adapting them to the global effort. It requires
the creation of broad multilateral coalitions and
adequate legal standards, mechanisms and capacities.
Those who seek to address the global threat of piracy
successfully should study those parallels. In that
exercise, drawing on the lessons learned in countering
terrorism may prove to be a valuable tool in the fight
against piracy.
International and regional cooperation is key
to addressing piracy, including through State
capacity-building. Continued cooperation among all
stakeholders, including through information-sharing,
prompt reporting, responding to real-time maritime
incidents, and providing assistance to developing
countries, is critical to ensuring an effective response.
In that regard, we note the important roles played by the
Contact Group on Piracy offthe Coast ofSomalia and the
International Maritime Organization, which regularly
publishes guidelines to assist in the investigation of
piracy crimes and armed robbery. Israel will continue
to play an active role in the global fight against piracy
and maritime terrorism, and welcomes this opportunity
to exchange ideas in order to address the problem more
effectively.
As I come to the end of my statement, I must add
that it is most unfortunate, yet not surprising, that
certain delegations, which clearly have nothing to
contribute to this professional-level debate on piracy,
have chosen to hijack it by linking Israel to an unrelated
discussion. I do not intend to be dragged into pointless
trading of accusations or to waste the Council's limited
time. Let me just briefly say that we did not seek the
conflict in Gaza; in fact, we did everything we could
to avoid it. We have one objective, namely, to target
and destroy the terrorist infrastructure of Hamas,
which fires rockets from civilian population centres
into Israeli communities, day after day. That is Israel's
right and duty. No nation would allow such attacks
against its civilians, and no nation should defend an
internationally recognized terrorist organization that is
targeting Israeli civilians as we speak.
The President: I now give the floor to the
representative of Viet Nam.
Mr. Le Hoai Trung (Viet Nam): I would like to
begin by expressing our appreciation for your timely
initiative in holding this open debate about piracy
as a threat to international peace and security. Viet
Nam associates itself with the statement made by the
representative of Iran on behalf of the Non-Aligned
Movement.
Piracy has been posing persistent challenges to
maritime transport, and thereby to security and stability
in many regions, for hundreds of years. It has, however,
developed a more aggressive dimension in recent years
and has in fact become a threat to global security, to
States' socioeconomic development, to international
transactions and navigation, and to the safety and well-
being of seafarers.
Viet Nam itself is a victim of piracy. Combating
piracy is now an important focus for both the public and
private sectors, and for States as well as regional and
international organizations. Concrete facts and figures
underline the necessity of a global and comprehensive
approach to dealing with piracy, as we are all aware.
According to the International Maritime Organization,
in 2011, the number of acts of piracy and armed robbery
against ships that occurred or were attempted was 544,
up 81.3 per cent from 2008, when the Council addressed
the issue of piracy in a substantive manner for the first
time. Piracy is also a matter of serious concern in the
South China Sea.
Faced with such a threat to international peace and
security, the international community, including the
Security Council, has taken action and has achieved
positive initial results. We commend the work of the
Contact Group on Piracy off the Coast of Somalia,
the trust fund, the relevant and related United Nations
bodies, Member States and regional organizations. In
our view, there are a number of factors to which that
initial success can be attributed: first, the political will
of local and related international partners; secondly,
improved coordination and capacity-building among
national and regional contact points; and thirdly, the
application of specific technical guidance and standards
for transport management, self-protection measures
and situational awareness.
We should also pay adequate attention to the root
causes of piracy offshore, including sufficient and fair
access to education, job opportunities and individual
development. Respect for local concerns and compliance
with international law, including mandates provided
by the Security Council, are also important for our
common success. In order to fight that global threat,
those lessons should be further shared within cross-
regional mechanisms for wider practical application.
In South-East Asia, Viet Nam has actively
contributed to regional efforts against piracy, including
technical cooperation between the Association of
Southeast Asian Nations (ASEAN) and eight other
countries within the framework of the Regional
Cooperation Agreement on Combating Piracy and
Armed Robbery against Ships in Asia, through its
information-sharing centre. Last October, ASEAN held
its third Maritime Forum and first Expanded Maritime
Forum with other countries participating in the East
Asia summit framework, in which maritime security,
including piracy, was comprehensively addressed. Viet
Nam's legal system, including its law of the sea, provides
for the criminalization of piracy. Our coordination of
national anti-piracy activities was streamlined through
a decision of the Prime Minister, issued in January
2008, on the basis of which Viet Nam authorities,
including its maritime police, are participating in
regional mechanisms. Viet Nam's navy has also taken
part injoint anti-piracy exercises with our international
partners in recent years. We look forward to closer
cooperation with international partners in our common
goal of fighting piracy.
The President: I now give the floor to the
representative of Singapore.
Mr. Neo (Singapore): We thank you, Mr. President,
for convening this open debate on the important issue
of the threat posed to international peace and security
by acts of maritime piracy. We also thank the Deputy
Secretary-General for his briefing.
The security of the world's sea lines of
communication is the responsibility of all stakeholders,
including coastal States, user States and the shipping
industry. Piracy is a transnational problem, and the
tactics of pirates evolve over time. The international
maritime community has a better chance of tackling
piracy successfully if we do so collectively.
Against this backdrop, Singapore remains a strong
supporter of international efforts against piracy. We
contribute to the development of the guidelines of
the International Maritime Organization (IMO) that
help Governments and industry to deter, prevent and
suppress piracy. Singapore also supports international
counter-piracy naval operations in the Gulf of Aden.
Over the past four years, Singapore has sent more than
700 sailors, soldiers and airmen over the deployment
of four Task Groups and one maritime patrol aircraft
detachment to Combined Task Force 151. We have also
taken command of the Combined Task Force twice
over the same period. Singapore also participates in
discussions at the Contact Group on Piracy off the
Coast of Somalia and chaired the ninth plenary session
of the Contact Group in July 2011.
The latest reports from the IMO show a sharp
decline in pirate attacks and hijackings in 2012 as
compared to 2011. The report of the Secretary-General
(S/2012/783) attributes this to actions by naval forces,
both at sea and on shore, to disrupt pirate operations;
improved implementation of the IMO guidance and
industry-developed Best Management Practices for
Protection against Somali-based Piracy; and greater
self-protection measures by merchant ships. This
underscores that positive results can be achieved
when the international community comes together.
Nevertheless, piracy off the coast of Somalia remains a
serious threat to the safety and freedom of international
navigation.
Singapore notes with concern the resurgence of
piracy off the opposite coast of Africa, particularly in
the Gulf of Guinea. This year, there were two reports
of Singapore-flagged ships there being boarded by
unknown personnel. Fortunately, neither incident lasted
long and no one was hurt. We commend the countries of
the region for their anti-piracy efforts and for bringing
the situation to the Security Council's attention in 2011.
Singapore also thanks Nigeria for its proactive efforts
to protect merchant shipping in the Gulf of Guinea.
Singapore cannot overemphasize the paramount
importance of maritime security cooperation in
combating piracy and safeguarding international
sea lines of communication. In this regard, regional
initiatives and mechanisms have proven effective
in tackling piracy and armed robbery. Singapore,
Malaysia and Indonesia - the littoral States of the
Straits of Malacca and Singapore - launched trilateral
maritime patrols to combat the increase in piracy in
2004. We also embarked on broader maritime security
cooperation initiatives with other countries within and
outside Asia.
The Regional Cooperation Agreement on
Combating Piracy and Armed Robbery against
Ships in Asia (ReCAAP) is one example of such
maritime security cooperation. ReCAAP is a regional
Government-to-Government agreement to promote
and enhance cooperation against piracy and armed
robbery in Asia. ReCAAP entered into force in
November 2006 and currently has 18 contracting
parties, including China, India, Japan and the United
Kingdom. The ReCAAP Information Sharing Centre
(ISC) in Singapore facilitates the swift exchange
of information, which allows member countries to
improve their incident response and analysis of piracy
statistics. The ReCAAP ISC also conducts research
on piracy trends, helps to improve awareness of the
piracy situation, and encourages best practices among
Governments and shipping communities. This has led
to a significant reduction in the incidence, severity and
economic impact of piracy in Asia.
Similar information-sharing centres, modeled on
the ReCAAP ISC, have been set up in Yemen, Kenya
and Tanzania under the IMO's Djibouti Code of Conduct
concerning the Repression of Piracy and Armed Robbery
against Ships in the Western Indian Ocean and the Gulf
of Aden. The ReCAAP ISC, in cooperation with the
IMO, has conducted two workshops in Singapore to aid
Djibouti Code countries in the building of anti-piracy
information-sharing capacity. The ReCAAP ISC will
conduct a third workshop in Tokyo, Japan, in early
December.
Singapore remains committed to international
efforts to combat piracy. For a small, open-trading
nation like Singapore, maritime security cooperation
is critical to safeguarding the international sea lines
of communication that underpin the survival of our
country and our continued economic prosperity.
The President: I now give the floor to the
representative of Panama.
Mr. Thalassines (Panama) (spoke in Spanish): I
wish to thank your delegation, Sir, for having organized
this open debate of the Security Council on an issue
of such importance to the global maritime community
and for international security. Panama expresses its
great concern at the growing insecurity that piracy
continues to cause along navigation routes. We note
with satisfaction the work that has been carried out by
the Security Council over the past few years, but we
see it as only the beginning of the development of more
effective policies and measures to contain and eradicate
this scourge.
Panama affirms that effectively combating piracy
requires an adequate legal framework. In that regard,
we acknowledge the framework set out by the 1982
United Nations Convention on the Law of the Sea,
which addresses the crime ofpiracy in its articles 100 to
107, which are consistent with Panamanian legislation.
To reduce the risks of piracy, it will be important
to develop and implement best management
practices - that is, the application of self-protection
measures for ships - aimed at optimizing safety in
navigation, contributing to the reduction of pirate
attacks through an information system and coordination
of movements with military forces in the area, and the
application of self-protection measures developed to
help ships fight off such attacks. The implementation in
our country of a long-range identification and tracking
system has become a very useful instrument for
countering the scourge, as it has allowed for real-time
monitoring of ships in high-risk zones that are not
showing any movement, enabling us to communicate
immediately with seafarers and air and naval forces.
I am pleased to inform the Council that the
Panamanian Maritime Authority adopted resolution No.
106-13-DGMM. on 8 March 2012, which established an
accreditation procedure for security companies offering
armed personnel services on board Panamanian-
registered ships, based on the guidelines issued by the
Organization to ensure that security company personnel
have the necessary qualifications and certification.
As one of the leading flag States of the world, we
believe that the decision to use force and firearms on
board falls exclusively to captains and seafarers, who
must at all time maintain total control of the vessel.
We therefore suggest that this matter be regulated
separately, with clear international guidelines that would
allow countries to establish the necessary parameters to
regulate the use of force and weapons on board, and
to ensure that there is appropriate coordination with
security companies.
My country urges all States to combine efforts
and work together to combat piracy, to which ships
sailing under the Panamanian flag have fallen victim;
to strengthen the necessary international cooperation;
and to enhance the financial and technical assistance
needed to resolve the insecurity that currently affects
all ships passing through high-risk waters and threatens
maritime trade in general.
The President: I now give the floor to the
representative of the United Arab Emirates.
Mr. Al-Jarman (United Arab Emirates) (spoke in Arabic): The United Arab Emirates expresses its deep
satisfaction with the recent decrease in acts of piracy as
a result of the coordinated efforts of the international
community to combat the phenomenon. Combating
piracy and fighting impunity are indeed important, and
we appreciate the leading role that the Security Council
is playing, especially by encouraging efforts to close
security gaps in the maritime areas most affectedthrough
naval counter-piracy operations, legal procedures to
detain and try pirates and multilateral cooperation, in
particular among concerned Governments.
The phenomenon of piracy has a great negative
impact on national economies and on the shipping and
insurance industries. It also impedes the delivery of
humanitarian assistance, thereby exacerbating human
suffering. Those impacts necessitate coordination
and the engagement of the Security Council to face
the phenomenon. We must not only enhance military,
judicial and legal procedures but also make fundamental
changes in the security and stability conditions on land.
Moreover, we need to address the root causes of piracy,
such as civil conflicts and humanitarian crises in the
coastal countries, which make for vulnerable security
situations that encourage acts of piracy.
As with the successes in international efforts in
Somalia, we must help affected countries manage
their internal crises, demarcate their maritime borders,
defend their exclusive economic zones, re-energize their
national economies and build their national capacities.
The United Arab Emirates has taken all necessary
legislative steps to reject and criminalize acts of
piracy, smuggling, kidnapping and money-laundering.
Organized crime has also been eager to increase its
operations in the region. Our national efforts to combat
piracy and armed robbery at sea include the adoption
of a comprehensive national strategy that focuses
on several important factors, such as participation in
military operations to combat piracy and international
commitment to track, detain and try pirates and to
suppress their financiers and cut off their resources, in
accordance with international law.
The United Arab Emirates has been active in
regional and international arrangements to strengthen
the international response. It chaired the eleventh
session of the Contact Group on Piracy off the Coast
of Somalia and participated actively in the London
Conference on Piracy and Somalia and the counter-
piracy conference in Perth, Australia, along with several
other activities to strengthen international efforts to
combat piracy. We organized the first and second high-
level conferences in Dubai on a regional response to
piracy in order to coordinate the regional response with
international efforts to combat piracy and to strengthen
public-private partnerships. That initiative has raised
$2 million for the Trust Fund to Support Initiatives
of States Countering Piracy off the Coast of Somalia.
There are also initiatives to improve judicial systems to
try pirates detained in various countries, especially in
Somalia, Kenya and Seychelles.
The United Arab Emirates has also increased
its direct financial, development and humanitarian
assistance to several countries where piracy is
flourishing, notably Somalia, so as to enable them to
achieve economic recovery. We provide financing for
projects to contain unemployment and to provide decent
work for young people so as to dissuade them from
engaging in piracy. Following the end of the transitional
period in Somalia in August, those initiatives included
assisting the Government by providing ships, stations
and other necessary equipment, as well as funds so that
their national forces, especially the coast guard, could
develop their capacities to fight piracy off their coast.
In conclusion, while we think that piracy constitutes
a great threat to regional and international peace
and security, we also look forward to strengthening
partnerships in international efforts to totally eradicate
it. We hope that our deliberations today will advance
the vital role that the Security Council plays in
strengthening the comprehensive international strategy
to combat piracy.
The President: I now give the floor to the
representative of New Zealand.
Mr. McLay (New Zealand): The threat posed
by maritime piracy is as old as maritime commerce.
Indeed, it is as old as civilization. The earliest
histories from ancient Egypt, around 1300 BCE, talk
of the difficulties caused by stateless pirates. For
millennia, piracy has been a profitable - if illegal
and dangerous - occupation in settings beyond the
effective rule of law, jeopardizing trade and the lives of
legitimate seafarers. It also fuels crime on land, such as
slavery and the drug trade. Sadly, one of New Zealand's
most distinguished sons, the yachtsman Sir Peter Blake,
died at the hands of pirates.
In today's world, maritime piracy is a significant
challenge in places as far apart as the Gulfs of Aden and
Guinea, the Straits of Malacca and the South American
coast. The estimated cost to the shipping industry and
Governments is around $7 billion each year. Today's
debate is therefore a very timely opportunity to reflect
on what we have learned about effective ways to prevent
and combat the modern version of this ancient scourge,
and about the further action that is still required of the
international community.
In some parts of the world, efforts to tackle
international piracy are starting to bear fruit. We
welcome in particular the significant drop in reported
piracy off the coast of Somalia and elsewhere over the
past year. The International Maritime Bureau reported
219 cases of pirates trying to board vessels in 2010 and
236 in 2011, but this year just 71. Successful seizures
are down from 49 in 2010 to 28 in 2011 and only 13
this year. That results from robust international efforts
and shows what can be achieved with a comprehensive,
adequately resourced regional strategy involving all
affected parties within the region and beyond.
Let us be blunt. Those results also show that pirates
do not want to die in a firefight. They seek easy pickings
and will be deterred only by force, by the rule oflaw and
by building societies that give better opportunities than
those offered by crime. In that regard, we particularly
commend the efforts of the Contact Group on Piracy off
the Coast of Somalia.
New Zealand is a small, maritime trading nation.
For us, free and secure navigation is of fundamental
importance, and so we have been willing to play a
role in counter-piracy activities. Last year, off the
coast of Somalia, New Zealand contributed the Force
Commander and other staff officers to Combined Task
Force 151, and, more recently, provided key personnel
to assist Combined Task Force 150's counter-terrorism
and security efforts.
But even though we are definitely going in the right
direction, and recent gains notwithstanding, it is clear
that the task of ending piracy off Somalia is far from
complete and that sustained international effort is still
required to counter this international menace and assist
its victims. For example, despite the reduced incidence
of attacks, many captured crews are still being held for
ransom, including many, I believe, from your country,
Mr. President.
Moreover, we have yet to tackle seriously the
challenges outlined in the Secretary-General's report
(S/2012/783) on accountability for piracy, particularly
by establishing specialized anti-piracy courts in
Somalia and neighbouring countries. The detention,
prosecution and imprisonment of pirates in the absence
of an effective nationaljudicial system all raise complex
legal and jurisdictional issues, although we should not
forget what we have already agreed under the United
Nations Convention on the Law of the Sea, which
provides a very solid foundation on which to build.
We commend countries such as Kenya, Yemen,
India, Tanzania, Seychelles and others that have already
assumed heavy burdens on this, and those others that
have offered assistance. We echo Tanzania's call for
a sustainable solution to this legal dilemma, both for
Somalia and for future, similar situations.
Somalia's example contrasts starkly with that
of the Gulf of Guinea, where piracy incidents have
increased exponentially over the past year. So far,
piracy in that region has attracted less attention and
has been less disruptive to shipping than it has been
in the Gulf of Aden. Even so, we hope that the same
level of international solidarity and support shown to
Somalia and its neighbours can be extended to the Gulf
of Guinea before that situation worsens any further. We
must all stand ready to respond vigorously to piracy
wherever it occurs and whenever assistance is sought
by affected countries. There is no alternative. Piracy
thrives whenever the will and the means to prevent it
wavers.
The experience of Somalia also makes clear that
security solutions alone are not sufficient to solve this
multidimensional problem. Indeed, even 2,000 years
ago, when Pompey swept the Mediterranean clean of
pirates, it was recognized that the ultimate solution
lay in providing better alternative sources of income
and other forms of employment. Piracy cannot be
tackled effectively, much less prevented, without due
consideration of the factors that give birth to it and feed
it.
There is no doubt that, in Somalia, two decades
without a functioning State; two decades without any
effective rule of law; and more than two decades of
ruthless, often illegal exploitation of its resources by
external actors all helped lead former Somali fishermen
to lives of piracy. The international community has
much to learn from its long neglect of the Somali crisis,
and that same international community must know
that conditions conducive to piracy will remain until
peace, security and the rule of law have been restored
and Somalis are given the opportunity for genuine,
domestically based social and economic development.
New Zealand welcomes recent international
initiatives, such as the ongoing efforts of the African
Union, through the African Union Mission in
Somalia (AMISOM), to support Somali partners in
re-establishing effective sovereignty in Somalia. We
call on the Council and on international partners to
effectively support those efforts, including by assisting
AMISOM. to more effectively control Somalia's coastal
waters and building the longer-term capacity of Somali
authorities to police those waters themselves.
The past decade has revealed both the grave threat
piracy continues to pose in today's globalized world
and how it can be countered through concerted regional
and international action. But there is still much more
that can and must be done to counter piracy wherever
it occurs and to address the conditions on which it
thrives. New Zealand stands ready to continue to play
its part in all of that.
The President: I now give the floor to the
representative of Bangladesh.
Mr. Rahman (Bangladesh): At the outset, let me
join others in thanking you, Mr. President, and your
delegation for organizing today's open debate. The
concept note circulated by your delegation (S/2012/814, annex) is much appreciated. I would also like to
thank Deputy Secretary-General Jan Eliasson for his
comprehensive presentation this morning.
We are deeply concerned at the continued incidents
of maritime piracy and armed robbery at sea, which
have detrimental effects on shipowners, seafarers,
international organizations, insurance companies and
Governments alike. Despite improvements in recent
years, piracy - with its economic, commercial,
humanitarian and security dimensions - continues to
pose a serious threat. We are particularly concerned
about the plight of seafarers taken hostage and held
in captivity by pirates in the Gulf of Aden and along
the Somali coast. Some of our nationals working for
shipping companies of different countries have fallen
victim. I cannot overemphasize the agony of the
captives and how anxious their family members are for
their release.
We are pleased to note that the number of piracy
incidents along the Somali Coast has significantly
decreased. This has been made possible by heightened
vigilance and cooperation on the participation of the
international community. However, a lot more remains
to be achieved in order to bring that figure down to
zero.
We must seek a comprehensive solution to the
problem for the sake of safe maritime trade, freedom of
navigation and the protection of maritime resources. It
is necessary to forge an international coalition with the
full participation of the countries of the region and the
involvement of the United Nations. We are encouraged
by the initiatives undertaken by the Contact Group on
Piracy off the Coast of Somalia. The United Nations
Convention on the Law of the Sea, in particular in its
articles 100, 101 and 105, sets out the legal framework
applicable for countering piracy and armed robbery at
sea.
Yet we know that the complexities of international
maritime law make it difficult to prosecute pirates once
they are caught. We have to find ways to tackle this,
even if it requires the adoption of additional legal norms
consistent with the United Nations Convention on the
Law of the Sea. Our goal should be to support efforts
to identify, arrest and prosecute pirates, trace and seize
ransom monies and destroy criminal networks. At the
same time, we need to pay attention to the predicament
ofthe hostages, including their well-being, both while in
captivity and after their release. We are happy to know
that a hostage support programme has been adopted by
the United Nations Office on Drugs and Crime with the
assistance of other international partners.
We recognize, like many others in this Chamber,
that the challenges of maritime piracy cannot be met
with military means alone. The problems on shore,
such as underdevelopment and poverty, must also
be addressed in order to fight piracy effectively and
comprehensively. We have to undertake a two-pronged
approach 4 building the capacity of the country or
countries of the region, on the one hand, and dealing
with its root causes, on the other. As we endeavour to
establish sustainable peace, effective governance, the
rule of law and a security apparatus, we have to think
about offering the people lawful attention to the subject
of piracy and banditry.
The political and security situation is improving as
the new Somali Government strengthens its foothold.
We need to capitalize on this positive development.
Donors must deliver on their financial assistance
commitments to support capacity-building for the
Somali authorities in combating piracy.
In conclusion, I would like to reiterate the
importance of international cooperation to tackling the
menace of piracy. The long-term effort must be targeted
at addressing its root causes, such as underdevelopment
and the lack of opportunities for the Somali people. Only
through concerted and committed efforts, regional and
international, will we be able to achieve a sustainable
solution to this scourge, be it in the Gulf of Aden or
elsewhere.
The President: I now give the floor to the
representative of Indonesia.
Mr. Khan (Indonesia): I wish to thank you,
Mr. President, for having convened this open debate.
This is a timely opportunity for all of us to stand
together to combat acts of piracy, which continue to
run rampant, affecting more Member States and posing
a huge threat to regional peace and stability and to
international navigation and shipping.
Indonesia aligns itself with the statement
delivered by the representative of Iran on behalf of the
Non-Aligned Movement.
Allow me also to express my appreciation to the
Secretary-General, His Excellency Mr. Ban Ki-moon,
for his report (S/2012/783) dated 22 October 2012
pursuant to resolution 2020 (2011) on the issue ofpiracy
off the coast of Somalia.
Throughout history, Indonesia, as an archipelagic
State, has faced challenges of maritime security,
including piracy and armed robbery at sea. We have
thus always condemned and deplored all acts of piracy
on the high seas.
In Southeast Asia, Indonesia and its neighbouring
States have long dealt with this issue in the Straits of
Malacca and Singapore. The region therefore worked on
various bilateral, trilateral and regional initiatives that
successfully helped the littoral States to significantly
lower the number of piracy and armed robbery incidents
in the region.
Indonesia remains of the view that the 1982 United
Nations Convention on the Law of the Sea should serve
as the primary legal framework applicable to combating
piracy and armed robbery at sea. With that in mind,
allow me to address the issue of piracy in the Gulf of
Guinea and in the waters off the coast of Somalia.
Over the past year, the Council has made the issue of
piracy in the Gulfoquinea a part ofits concern. This is
apparent from the latest two resolutions - 2018 (2011)
and 2039 (2012) - in which the Council highlighted
the need for international cooperation so as to tackle
the menace of piracy, including through the capacity-
building of States in the region.
Indonesia welcomes that initiative and underlines
the need for the international community to provide
the necessary assistance to the littoral countries in
advancing their monitoring and prevention capacity as
well as theirjudicial capacity.
We are keen to hear about the progress made in
overcoming this problem, in the context of the United
Nations role in the Gulf of Guinea, from the United
Nations Office in West Africa and the United Nations
Regional Office for Central Africa, through the report
of the Secretary-General.
Turning to the issue of piracy and armed robbery
in the waters off the coast of Somalia, Indonesia shares
the serious concern about the rate of occurrence. Even
though the Secretary-General indicated in his report
that there had been a decline in the number of attacks
and hijackings this year, it is alarming that as many as
224 seafarers and 17 vessels were being held hostage as
at September 2012. Without question, the instability in
that country is a key contributor to the increase in the
number of such attacks and is one of the root causes that
should be addressed immediately.
We share the view that the continuing political
instability and the economic problems in Somalia are
the first issues that must be addressed. Indonesia has
noted that with the deepening of international efforts
to combat piracy off the Somali coast, the issue of the
prosecution and trial of pirates is becoming more and
more challenging. In that sense, Indonesia supports
resolution 2020 (2011), which provides the required
legal framework for assisting Somalia in fighting
piracy and armed robbery.
Furthermore, we need to protect the welfare of
seafarers being held hostage by the pirates. To that
extent, we welcome the discussions being held in the
working groups of the Contact Group on Piracy off the
Coast of Somalia, as the main forum for discussing
the issue of piracy off the coast of Somalia, which
is reviewing the conventions and draft guidance
concerning seafarers. We also welcome the joint efforts
made by the United Nations Office on Drugs and Crime
and the United Nations Political Office for Somalia to
develop a programme of immediate assistance and care
for released hostages.
The economic losses resulting from piracy are
indeed very large; however, the loss of human life as a
result of such horrendous acts is incalculable. Realizing
this, Indonesia emphasizes the urgent need to prosecute
the culprits as well as those who illicitly finance, plan,
organize or unlawfully profit from pirate attacks. We
also see a need to criminalize piracy, as defined by the
United Nations Convention on the Law of the Sea, in
national law, as well as to continue close partnerships
and cooperation between State and non-State actors.
Finally, Indonesia would like to urge all members
of the international community not to lose sight of the
significance and seriousness of the challenge of piracy
and armed robbery at sea, because all nations and
peoples, and both the public and the private sectors, are
the losers wherever and whenever such acts take place.
We must unite our efforts and work together and with
great determination to ensure that we triumph over this
problem.
The President: I now give the floor to the
representative of Norway.
Ms. March Smith (Norway): Maritime security
has received increased attention since pirates from
Somalia started threatening the lives and safety of
seafarers and undermining world trade in 2007 and
2008. The recent decrease in the number of hijackings
in the western Indian Ocean reflects the successful
international cooperation in addressing this problem.
An important factor in this success story is the
Contact Group on Piracy off the Coast of Somalia. I
would like to take this opportunity to congratulate India
on its current chairmanship of the Contact Group. The
simple and non-bureaucratic way of organizing work,
and the way countries with very different resources and
challenges have cooperated in the Contact Group, could
provide a model for tackling other security problems
in future. The way in which we have shared burdens in
our efforts to ensure that pirates are prosecuted is one
aspect of this successful cooperation. We would like to
commend the countries in the region that have stepped
up to do their share. They have been excellent partners.
Norway is co-financing the United Nations prison
project in Puntland. We look forward to seeing the
rapid completion of that project, which will mean that
Somalia's neighbours can transfer convicted pirates
for imprisonment there. Norway will also deploy a
frigate to the anti-pirate Operation Ocean Shield for six
months, from the end of May.
Another key to success has been cooperation with
the shipping industry and its implementation of best
management practices.
We must continue our joint efforts so that this
particular brand of crime can be brought to an end. Our
priority is to see that the rule of law is implemented
throughout Somalia. We are now seeing a new beginning
in the country, which we hope will be an important step
towards ensuring the rule of law.
Parallel to that, international efforts to arrest
and prosecute organizers of and investors in piracy
must continue. We must also prevent the laundering
of ransom money. Norway would like to take this
opportunity to underline that it is morally and legally
unacceptable to play with human lives in order to extort
ransom payments the way pirates in Somalia do.
Although we can be pleased with our progress in
combating piracy in the western Indian Ocean, we
are concerned about the increased number of armed
robberies and acts of piracy in the Gulf of Guinea.
Piracy also continues to be a problem in Southeast
Asia. The international cooperation in Southeast Asia
is functioning well, and Norway is engaged in that
work. The regional cooperation in Western Africa still
needs to mature. It is our hope that the countries in the
region will give the issue of armed robbery and piracy
the priority it deserves and that joint action will follow.
The President: I now give the floor to the
representative of Somalia.
Mr. Duale (Somalia): I wish at the outset to thank
you, Mr. President, for having convened this timely
debate on piracy in Somalia and in the Gulf of Guinea.
I would also like to thank Mr. Jan Eliasson for this
morning's briefing, and to thank you, Mr. President,
for the enlightening concept paper you provided
(S/2012/814, annex), which more or less sums up what
has been discussed today, namely, that piracy is not
only a maritime issue but has causes originating on
land that must also be dealt with.
Before going further, I wish to convey, on behalf
of my country, our heartfelt and sincere sympathy to
those seafarers who are still being held in captivity by
pirates, as well as to their families. We hope that they
will soon be released. As was said this morning, it is
very important that they be supported while still in
captivity as well as afterwards.
With regard to the concerns and actions of those
affected in the region, I believe that Tanzania's
statement gave an idea of what has been and could be
done.
I am very glad that almost all of the Security
Council members, and most of those who spoke today,
expressed the need for immediate action in order
to attempt to achieve a comprehensive solution and
effective intervention in the fight against piracy. We
commend those efforts and the presidential statement
(S/PRST/2012/24), which we support. That said, I am
duty-bound to mention the fact that while we thank all
the organizations and countries that are dealing with
pirates at sea now, and that have expended much effort in
doing so, we must take some action onshore concerning
the requests made by the Intergovernmental Authority
on Development and the African Union for the marine
component of the African Union Mission in Somalia,
which I think should be given serious consideration,
until such time, of course, that the Somali marine police
are able to take over such action.
I would like to thank you once again, Mr. President,
for convening this important meeting, which will be
followed in December by a meeting of the Contact
Group on Piracy off the Coast of Somalia and of the
Trust Fund. We very much hope that this will highlight
the possibilities for more positive action.
The President: I now give the floor to the
representative of Nigeria.
Mr. Sarki (Nigeria): Let me join previous
speakers in congratulating you, Mr. President, on your
assumption of the presidency of the Council for the
month of November. I would also like to thank you
for your initiative in organizing this important debate
on piracy, as well as for the concept note (S/2012/813, annex) that provided direction to our discussion today.
And I thank Deputy Secretary-General Jan Eliasson
for his introductory remarks. We commend your
delegation, Mr. President, for organizing this meeting,
which for the first time aims to address piracy as a
global security threat by taking an integrated look at
the situation across regions.
We align ourselves with the statement delivered by
the representative of the Islamic Republic of Iran on
behalf of the Non-Aligned Movement. We also wish
to thank the Singapore delegation for acknowledging
Nigeria's efforts to ensure security in the Gulf of
Guinea. We resolve to do more.
Nigeria supports the presidential statement adopted
this morning (S/PRST/2012/24), and we wish to take
this opportunity to present our perspectives on this
topical issue.
Piracy in Nigerian territorial waters and adjacent
sea lanes has become prevalent in the past 15 years due
to an upsurge in oil bunkering and hijacking on the
high seas. The security challenges that Nigeria faces
in its maritime zone include criminal activity within
its harbours, piracy on the high seas, robbery along
coastlines, illegal fishing activities, the dumping of
toxic wastes, and so forth.
The upsurge in piracy in the Gulf of Guinea has
made it imperative that we pay greater attention to
our collective security. The phenomenon has attained
disturbing proportions and is adversely affecting
international maritime activities, with serious
implications for international trade, fishing and other
socioeconomic activities, especially through the danger
it poses to the lives and security of seafarers. Besides
compounding the security problems in the region, acts
of piracy in the Gulf of Guinea continue to seriously
threaten maritime navigation and the stability and
security of coastal countries and beyond. The cost of
piracy in stolen goods, huge security outlays and high
insurance premiums has been estimated at $2 billion.
That has also affected shipping in the region. Sharp
decreases have been experienced in the number of ships
docking at regional ports. In one country alone, it is
estimated that port activity fell by more than 70 per
cent due to pirates" illicit activities.
Several factors have contributed to the rise in the
incidence of piracy in the Gulf of Guinea, of which
some important ones, in our view, are weak institutions,
uncoordinated regional responses, unfettered access to
small arms and light weapons, and a lack of prosecution
mechanisms. In particular, the lack of synergy and
coordination among Gulf of Guinea States on maritime
security mechanisms has created a vacuum that is being
exploited by criminal elements.
Nigeria has spared no effort in working with
bilateral and multilateral partners to chart a course that
truly addresses the challenges of piracy and ways to
meet the objectives of this debate. We are implementing
our cooperative agreement with the Republic of Benin
in order to tackle piracy in a spirit of collective security.
That is now beginning to yield positive results and will
no doubt have to be reinforced with a wider effort to
develop a collective regional counter-piracy strategy.
The Security Council is also supportive of our
subregional efforts, and has backed the convening of
a summit of Heads of State of the Gulf of Guinea to
discuss a regional response. To that end, a conference
of the Economic Community of Central African States
(ECCAS) and the Economic Community of West
African States (ECOWAS) on maritime safety and
security was held in Cotonou from 27 to 29 March. The
outcome was two draft documents, a memorandum of
understanding and an ECCAS-ECOWAS collaborative
engagement mechanism on maritime safety and security
in the Gulf of Guinea. Those documents are being
studied in various capitals with a view to convening
a summit of the Heads of State of the two regions.
The legal framework will assist in the verification and
arrest of vessels suspected of being engaged in piracy,
information exchange, combined operations and cross-
maritime-boundary pursuit.
We therefore call upon the international community
to support ongoing regional efforts. We acknowledge
and appreciate the contribution and assistance of
international partners that have so far played a
significant role in strengthening regional capacity to
confront the menace.
At the national level, we are seeking to strengthen
our collaborative efforts. We have also taken steps
to improve our domestic capacity to counter piracy.
The Nigerian Navy and the Nigerian Maritime
Administration and Safety Agency (NIMASA) have
achieved tremendous success in efforts to rid Nigerian
maritime space of piracy and illegal offshore activities.
Those two bodies have now embarked on the process
to acquire radar installations to provide total radar
coverage to all shipping activities in the Nigerian
maritime environment. That would enable the Navy
and NIMASA to effectively monitor shipping and the
activities of pirates. Joint maritime patrols with the
navies of neighbouring countries will continue to be
undertaken to safeguard the sea lanes and check all
illegal activities.
Finally, it is clear that piracy has become an
international challenge that requires concerted and
enhanced international action. It is imperative for all
actors, particularly the United Nations, to deepen their
engagement in order to guarantee our common security.
Our discussions today have indeed set the tone and
outlined the objectives for international engagement.
This will be attained only when decisive steps are taken
to confront the challenges posed by piracy. We therefore
wish to join in the call made by the delegation of New
Zealand that the same priority be accorded to the Gulf
of Guinea region that the international community has
given to the situation off the coast of Somalia.
The President: I shall now make a further statement
in my national capacity.
With reference to the statements made by two
delegations that mentioned a specific case, I would like
to state that the issue concerns two security personnel
who fired without provocation on two unarmed
fishermen and killed them. The case is sub judice and is
being dealt with in accordance with the due process of
law. This is also in consonance with international law.
I now resume my functions as President of the
Security Council.
There are no more names inscribed on the list of
speakers. The Security Council has thus concluded
the present stage of its consideration of the item on its
agenda.
The meeting rose at 6.05 pm.
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