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Resolution 1846

The situation in Somalia

Abstract

S/RES/1846 (2008)
Security Council Distr.: General
2 December 2008
08-63029 (E)
*0863029*
Resolution 1846 (2008)
Adopted by the Security Council at its 6026th meeting, on
2 December 2008
The Security Council,
Recalling its previous resolutions concerning the situation in Somalia,
especially resolutions 1814 (2008), 1816 (2008) and 1838 (2008),
Continuing to be gravely concerned by the threat that piracy and armed
robbery at sea against vessels pose to the prompt, safe and effective delivery of
humanitarian aid to Somalia, to international navigation and the safety of
commercial maritime routes, and to other vulnerable ships, including fishing
activities in conformity with international law,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia,
Further reaffirming that international law, as reflected in the United Nations
Convention on the Law of the Sea of 10 December 1982 (“the Convention”), sets
out the legal framework applicable to combating piracy and armed robbery at sea, as
well as other ocean activities,
Taking into account the crisis situation in Somalia, and the lack of capacity of
the Transitional Federal Government (“TFG”) to interdict pirates or patrol and
secure either the international sea lanes off the coast of Somalia or Somalia’s
territorial waters,
Taking note of the requests from the TFG for international assistance to
counter piracy off its coasts, including the 1 September 2008 letter from the
President of Somalia to the Secretary-General of the United Nations expressing the
appreciation of the TFG to the Security Council for its assistance and expressing the
TFG’s willingness to consider working with other States and regional organizations
to combat piracy and armed robbery at sea off the coast of Somalia, the
20 November 2008 letter conveying the request of the TFG that the provisions of
resolution 1816 (2008) be renewed, and the 20 November request of the Permanent
Representative of Somalia before the Security Council that the renewal be for an
additional 12 months,
Further taking note of the letters from the TFG to the Secretary-General
providing advance notification with respect to States cooperating with the TFG in
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the fight against piracy and armed robbery at sea off the coast of Somalia and from
other Member States to the Security Council to inform the Council of their actions,
as requested in paragraphs 7 and 12 of resolution 1816 (2008), and encouraging
those cooperating States, for which advance notification has been provided by the
TFG to the Secretary-General, to continue their respective efforts,
Expressing again its determination to ensure the long-term security of World
Food Programme (WFP) maritime deliveries to Somalia,
Recalling that in its resolution 1838 (2008) it commended the contribution
made by some States since November 2007 to protect (WFP) maritime convoys, and
the establishment by the European Union (EU) of a coordination unit with the task
of supporting the surveillance and protection activities carried out by some member
States of the European Union off the coast of Somalia, as well as other international
and national initiatives taken with a view to implementing resolutions 1814 (2008)
and 1816 (2008),
Emphasizing that peace and stability within Somalia, the strengthening of State
institutions, economic and social development and respect for human rights and the
rule of law are necessary to create the conditions for a full eradication of piracy and
armed robbery at sea off the coast of Somalia,
Welcoming the signing of a peace and reconciliation Agreement (“the Djibouti
Agreement”) between the TFG and the Alliance for the Re-Liberation of Somalia on
19 August 2008, as well as their signing of a joint ceasefire agreement on
26 October 2008, noting that the Djibouti Agreement calls for the United Nations to
authorize and deploy an international stabilization force, and further noting the
Secretary-General’s report on Somalia of 17 November 2008, including his
recommendations in this regard,
Commending the key role played by the African Union Mission to Somalia
(AMISOM) in facilitating delivery of humanitarian assistance to Somalia through
the port of Mogadishu and the contribution that AMISOM has made towards the
goal of establishing lasting peace and stability in Somalia, and recognizing
specifically the important contributions of the Governments of Uganda and Burundi
to Somalia,
Welcoming the organization of a ministerial meeting of the Security Council in
December 2008 to examine ways to improve international coordination in the fight
against piracy and armed robbery off the coast of Somalia and to ensure that the
international community has the proper authorities and tools at its disposal to assist
it in these efforts,
Determining that the incidents of piracy and armed robbery against vessels in
the territorial waters of Somalia and the high seas off the coast of Somalia
exacerbate the situation in Somalia which continues to constitute a threat to
international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Reiterates that it condemns and deplores all acts of piracy and armed
robbery against vessels in territorial waters and the high seas off the coast of
Somalia;
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2. Expresses its concern over the finding contained in the 20 November
2008 report of the Monitoring Group on Somalia that escalating ransom payments
are fuelling the growth of piracy off the coast of Somalia;
3. Welcomes the efforts of the International Maritime Organization (“IMO”)
to update its guidance and recommendations to the shipping industry and to
Governments for preventing and suppressing piracy and armed robbery at sea and to
provide this guidance as soon as practicable to all Member States and to the
international shipping community operating off the coast of Somalia;
4. Calls upon States, in cooperation with the shipping industry, the
insurance industry and the IMO, to issue to ships entitled to fly their flag
appropriate advice and guidance on avoidance, evasion, and defensive techniques
and measures to take if under the threat of attack or attack when sailing in the
waters off the coast of Somalia;
5. Further calls upon States and interested organizations, including the
IMO, to provide technical assistance to Somalia and nearby coastal States upon their
request to enhance the capacity of these States to ensure coastal and maritime
security, including combating piracy and armed robbery at sea off the Somali and
nearby coastlines;
6. Welcomes initiatives by Canada, Denmark, France, India, the
Netherlands, the Russian Federation, Spain, the United Kingdom, the United States
of America, and by regional and international organizations to counter piracy off the
coast of Somalia pursuant to resolutions 1814 (2008), 1816 (2008) and 1838 (2008),
the decision by the North Atlantic Treaty Organization (NATO) to counter piracy off
the Somalia coast, including by escorting vessels of the WFP, and in particular the
decision by the EU on 10 November 2008 to launch, for a period of 12 months from
December 2008, a naval operation to protect WFP maritime convoys bringing
humanitarian assistance to Somalia and other vulnerable ships, and to repress acts of
piracy and armed robbery at sea off the coast of Somalia;
7. Calls upon States and regional organizations to coordinate, including by
sharing information through bilateral channels or the United Nations, their efforts to
deter acts of piracy and armed robbery at sea off the coast of Somalia in cooperation
with each other, the IMO, the international shipping community, flag States, and the
TFG;
8. Requests the Secretary-General to present to it a report, no later than
three months after the adoption of this resolution, on ways to ensure the long-term
security of international navigation off the coast of Somalia, including the long-term
security of WFP maritime deliveries to Somalia and a possible coordination and
leadership role for the United Nations in this regard to rally Member States and
regional organizations to counter piracy and armed robbery at sea off the coast of
Somalia;
9. Calls upon States and regional organizations that have the capacity to do
so, to take part actively in the fight against piracy and armed robbery at sea off the
coast of Somalia, in particular, consistent with this resolution and relevant
international law, by deploying naval vessels and military aircraft, and through
seizure and disposition of boats, vessels, arms and other related equipment used in
the commission of piracy and armed robbery off the coast of Somalia, or for which
there is reasonable ground for suspecting such use;
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10. Decides that for a period of 12 months from the date of this resolution
States and regional organizations cooperating with the TFG in the fight against
piracy and armed robbery at sea off the coast of Somalia, for which advance
notification has been provided by the TFG to the Secretary-General, may:
(a) Enter into the territorial waters of Somalia for the purpose of repressing
acts of piracy and armed robbery at sea, in a manner consistent with such action
permitted on the high seas with respect to piracy under relevant international
law; and
(b) Use, within the territorial waters of Somalia, in a manner consistent with
such action permitted on the high seas with respect to piracy under relevant
international law, all necessary means to repress acts of piracy and armed robbery
at sea;
11. Affirms that the authorizations provided in this resolution apply only with
respect to the situation in Somalia and shall not affect the rights or obligations or
responsibilities of Member States under international law, including any rights or
obligations under the Convention, with respect to any other situation, and
underscores in particular that this resolution shall not be considered as establishing
customary international law; and affirms further that such authorizations have been
provided only following the receipt of the 20 November letter conveying the
consent of the TFG;
12. Affirms that the measures imposed by paragraph 5 of resolution 733
(1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002)
do not apply to supplies of technical assistance to Somalia solely for the purposes
set out in paragraph 5 above which have been exempted from those measures in
accordance with the procedure set out in paragraphs 11 (b) and 12 of resolution
1772 (2007);
13. Requests that cooperating States take appropriate steps to ensure that the
activities they undertake pursuant to the authorization in paragraph 10 do not have
the practical effect of denying or impairing the right of innocent passage to the ships
of any third State;
14. Calls upon all States, and in particular flag, port and coastal States,
States of the nationality of victims and perpetrators of piracy and armed robbery,
and other States with relevant jurisdiction under international law and national
legislation, to cooperate in determining jurisdiction, and in the investigation and
prosecution of persons responsible for acts of piracy and armed robbery off the
coast of Somalia, consistent with applicable international law including
international human rights law, and to render assistance by, among other actions,
providing disposition and logistics assistance with respect to persons under their
jurisdiction and control, such victims and witnesses and persons detained as a result
of operations conducted under this resolution;
15. Notes that the 1988 Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
to create criminal offences, establish jurisdiction, and accept delivery of persons
responsible for or suspected of seizing or exercising control over a ship by force or
threat thereof or any other form of intimidation; urges States parties to the SUA
Convention to fully implement their obligations under said Convention and
cooperate with the Secretary-General and the IMO to build judicial capacity for the
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successful prosecution of persons suspected of piracy and armed robbery at sea off
the coast of Somalia;
16. Requests States and regional organizations cooperating with the TFG to
inform the Security Council and the Secretary-General within nine months of the
progress of actions undertaken in the exercise of the authority provided in
paragraph 10 above;
17. Requests the Secretary-General to report to the Security Council within
11 months of adoption of this resolution on the implementation of this resolution
and on the situation with respect to piracy and armed robbery in territorial waters
and the high seas off the coast of Somalia;
18. Requests the Secretary-General of the IMO to brief the Council on the
basis of cases brought to his attention by the agreement of all affected coastal States,
and duly taking into account the existing bilateral and regional cooperative
arrangements, on the situation with respect to piracy and armed robbery;
19. Expresses its intention to review the situation and consider, as
appropriate, renewing the authority provided in paragraph 10 above for additional
periods upon the request of the TFG;
20. Decides to remain seized of the matter.

Topics
Somalia
Year
2008
Title
The situation in Somalia
Related with resolutions
733 1425 1772 1814 1816 1838
Quoted in resolutions
1851 1897 1918 1950 2020 2067 2077 2125 2184 2246 2316 2383
Security Council Composition
CHN FRA RUS GBR USA BEL BFA CRI HRV IDN ITA LBY PAN VNM ZAF