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Resolution 2020

The situation in Somalia

Abstract

S/RES/2020 (2011)
Security Council Distr.: General
22 November 2011
11-60421 (E)
*1160421*
Resolution 2020 (2011)
Adopted by the Security Council at its 6663rd meeting, on
22 November 2011
The Security Council,
Recalling its previous resolutions concerning the situation in Somalia,
especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846
(2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), and 2015
(2011), as well as the Statement of its President (S/PRST/2010/16) of 25 August
2010,
Continuing to be gravely concerned by the ongoing threat that piracy and
armed robbery at sea against vessels pose to the prompt, safe, and effective delivery
of humanitarian aid to Somalia and the region, to the safety of seafarers and other
persons, to international navigation and the safety of commercial maritime routes,
and to other vulnerable ships, including fishing activities in conformity with
international law, and also gravely concerned by the extended range of the piracy
threat into the western Indian Ocean and adjacent sea areas, and the increase in
pirate capacities,
Expressing concern about the reported involvement of children in piracy off
the coast of Somalia,
Recognizing that the ongoing instability in Somalia contributes to the problem
of piracy and armed robbery at sea off the coast of Somalia, and stressing the need
for a comprehensive response by the international community to repress piracy and
armed robbery at sea and tackle its underlying causes,
Recognizing the need to investigate and prosecute not only suspects captured
at sea, but also anyone who incites or intentionally facilitates piracy operations,
including key figures of criminal networks involved in piracy who illicitly plan,
organize, facilitate, or finance and profit from such attacks and reiterating its
concern over a large number of persons suspected of piracy having to be released
without facing justice, reaffirming that the failure to prosecute persons responsible
for acts of piracy and armed robbery at sea off the coast of Somalia undermines
anti-piracy efforts of the international community and being determined to create
conditions to ensure that pirates are held accountable,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia, including Somalia’s rights with respect to
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offshore natural resources, including fisheries, in accordance with international law,
recalling the importance of preventing, in accordance with international law, illegal
fishing and illegal dumping, including of toxic substances, and stressing the need to
investigate allegations of such illegal fishing and dumping, and noting with
appreciation in this respect the report of the Secretary-General on the protection of
Somali natural resources and water (S/2011/661) prepared pursuant to paragraph 7
of Security Council Resolution 1976 (2011),
Further reaffirming that international law, as reflected in the United Nations
Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets
out the legal framework applicable to combating piracy and armed robbery at sea, as
well as other ocean activities,
Again taking into account the crisis situation in Somalia, and the limited
capacity of the Transitional Federal Government (TFG) to interdict, or upon
interdiction to prosecute pirates or to patrol or secure the waters off the coast of
Somalia, including the international sea lanes and Somalia’s territorial waters,
Noting the several requests from the TFG for international assistance to
counter piracy off its coast, including the letter of 10 November 2011, from the
Permanent Representative of Somalia to the United Nations expressing the
appreciation of the TFG to the Security Council for its assistance, expressing the
TFG’s willingness to consider working with other States and regional organizations
to combat piracy and armed robbery at sea off the coast of Somalia, and requesting
that the provisions of resolution 1897 (2009) be renewed for an additional twelve
months,
Commending the efforts of the EU operation Atalanta, North Atlantic Treaty
Organization operations Allied Protector and Ocean Shield, Combined Maritime
Forces’ Combined Task Force 151, and other States acting in a national capacity in
cooperation with the TFG and each other, to suppress piracy and to protect
vulnerable ships transiting through the waters off the coast of Somalia, and
welcoming the efforts of individual countries, including China, India, Islamic
Republic of Iran, Japan, Malaysia, Republic of Korea, Russian Federation, Saudi
Arabia, and Yemen, which have deployed ships and/or aircraft in the region, as
stated in the Secretary-General’s report (S/2011/662),
Welcoming the capacity-building efforts in the region made by the
International Maritime Organization (IMO) Djibouti Code of Conduct, the Djibouti
Code of Conduct Trust Fund, and the Trust Fund Supporting Initiatives of States
Countering Piracy off the Coast of Somalia, and recognizing the need for all
engaged international and regional organizations to cooperate fully,
Noting with appreciation the efforts made by IMO and the shipping industry to
develop and update guidance, best management practices, and recommendations to
assist ships to prevent and suppress piracy attacks off the coast of Somalia,
including in the Gulf of Aden and the Indian Ocean area, and recognizing the work
of the IMO and the Contact Group on Piracy off the Coast of Somalia (“CGPCS”)
on privately contracted armed security personnel on board ships in high-risk areas.
Noting with concern that the continuing limited capacity and domestic
legislation to facilitate the custody and prosecution of suspected pirates after their
capture has hindered more robust international action against the pirates off the
coast of Somalia, and in some cases has led to pirates being released without facing
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justice, regardless of whether there is sufficient evidence to support prosecution, and
reiterating that, consistent with the provisions of the Convention concerning the
repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
to create criminal offences, establish jurisdiction, and accept delivery of persons
responsible for or suspected of seizing or exercising control over a ship by force or
threat thereof or any other form of intimidation,
Underlining the importance of continuing to enhance the collection,
preservation and transmission to competent authorities of evidence of acts of piracy
and armed robbery at sea off the coast of Somalia, and welcoming the ongoing work
of IMO, INTERPOL and industry groups to develop guidance to seafarers on
preservation of crime scenes following acts of piracy, and noting the importance for
the successful prosecution of acts of piracy of enabling seafarers to give evidence in
criminal proceedings,
Noting the consensus at the ninth plenary session of the CGPCS on
14 July 2011 to establish a formal Working Group 5 on “illicit financial flows linked
to piracy off the coast of Somalia”,
Further recognizing that pirates are turning increasingly to kidnapping and
hostage-taking, and that these activities help generate funding to purchase weapons,
gain recruits, and continue their operational activities, thereby jeopardizing the
safety and security of innocent civilians and restricting the flow of free commerce,
Reaffirming international condemnation of acts of kidnapping and hostagetaking,
including acts condemned in the International Convention against the Taking
of Hostages, and strongly condemning the continuing practice of hostage-taking by
suspected pirates operating off the coast of Somalia, expressing serious concern at
the inhuman conditions hostages face in captivity, recognizing the adverse impact on
their families, calling for the immediate release of all hostages, and noting the
importance of cooperation between Member States on the issue of hostage-taking
and the need for the prosecution of suspected pirates for taking hostages,
Commending the Republic of Kenya and the Republic of Seychelles’ efforts to
prosecute suspected pirates in their national courts, welcoming the engagement of
the Republic of Mauritius and the United Republic of Tanzania, and noting with
appreciation the assistance being provided by the United Nations Office on Drugs
and Crime (UNODC), the Trust Fund Supporting Initiatives of States Countering
Piracy off the Coast of Somalia, and other international organizations and donors, in
coordination with the CGPCS, to support Kenya, Seychelles, Somalia, and other
States in the region, including Yemen, to take steps to prosecute, or incarcerate in a
third state after prosecution elsewhere, pirates, including facilitators and financiers
ashore, consistent with applicable international human rights law, and emphasizing
the need for States and international organizations to further enhance international
efforts in this regard,
Welcoming the readiness of the national and regional administrations of
Somalia to cooperate with each other and with States who have prosecuted
suspected pirates with a view to enabling convicted pirates to be repatriated back to
Somalia under suitable prisoner transfer arrangements, consistent with applicable
international law including international human rights law,
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Welcoming the report of the Secretary-General (S/2011/662), as requested by
resolution 1950 (2010), on the implementation of that resolution and on the situation
with respect to piracy and armed robbery at sea off the coast of Somalia,
Taking note with appreciation of the report of the Secretary-General on the
modalities for the establishment of specialized Somali anti-piracy courts
(S/2011/360) prepared pursuant to paragraph 26 of resolution 1976 (2011), and the
ongoing efforts within the CGPCS and the United Nations Secretariat to explore
possible additional mechanisms to effectively prosecute persons suspected of piracy
and armed robbery at sea off the coast of Somalia, including those ashore who incite
or intentionally facilitate acts of piracy,
Stressing the need for States to consider possible methods to assist the
seafarers who are victims of pirates, and welcoming in this regard the ongoing work
within the CGPCS and the International Maritime Organization on developing
guidelines for the care of seafarers and other persons who have been subjected to
acts of piracy,
Further noting with appreciation the ongoing efforts by UNODC and UNDP to
support efforts to enhance the capacity of the corrections system in Somalia,
including regional authorities notably with the support of the Trust Fund Supporting
Initiatives of States Countering Piracy off the Coast of Somalia, to incarcerate
convicted pirates consistent with applicable international human rights law,
Bearing in mind the Djibouti Code of Conduct concerning the Repression of
Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf
of Aden, and recognizing the efforts of signatory States to develop the appropriate
regulatory and legislative frameworks to combat piracy, enhance their capacity to
patrol the waters of the region, interdict suspect vessels, and prosecute suspected
pirates,
Emphasizing that peace and stability within Somalia, the strengthening of State
institutions, economic and social development and respect for human rights and the
rule of law are necessary to create the conditions for a durable eradication of piracy
and armed robbery at sea off the coast of Somalia, and further emphasizing that
Somalia’s long-term security rests with the effective development by the TFG of the
National Security Force, including the Somali Police Force, in the framework of the
Djibouti Agreement and in line with a national security strategy,
Welcoming in this regard that the 6 September 2011 Roadmap to end the
transition in Somalia calls for the TFG to develop counter-piracy policy and
legislation in conjunction with regional entities, and the declaration of an Exclusive
Economic Zone (EEZ), as key tasks of the Transitional Federal Institutions (TFIs),
and notes that the Security Council has made its future support to the TFIs
contingent upon the completion of the tasks contained in the Roadmap,
Determining that the incidents of piracy and armed robbery at sea off the coast
of Somalia exacerbate the situation in Somalia, which continues to constitute a
threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Reiterates that it condemns and deplores all acts of piracy and armed
robbery against vessels in the waters off the coast of Somalia;
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2. Recognizes that the ongoing instability in Somalia is one of the
underlying causes of the problem of piracy and contributes to the problem of piracy
and armed robbery at sea off the coast of Somalia;
3. Stresses the need for a comprehensive response to repress piracy and
tackle its underlying causes by the international community;
4. Recognizes the need to investigate and prosecute not only suspects
captured at sea, but also anyone who incites or intentionally facilitates piracy
operations, including key figures of criminal networks involved in piracy who
illicitly plan, organize, facilitate, or finance and profit from such attacks;
5. Calls upon States to cooperate also, as appropriate, on the issue of
hostage-taking, and the prosecution of suspected pirates for taking hostages;
6. Notes again its concern regarding the findings contained in the
20 November 2008 report of the Monitoring Group on Somalia (S/2008/769,
page 55) that escalating ransom payments and the lack of enforcement of the arms
embargo established by resolution 733 (1992) are fuelling the growth of piracy off
the coast of Somalia, calls upon all States to cooperate fully with the Somalia and
Eritrea Monitoring Group including on information sharing regarding possible arms
embargo violations;
7. Renews its call upon States and regional organizations that have the
capacity to do so, to take part in the fight against piracy and armed robbery at sea
off the coast of Somalia, in particular, consistent with this resolution and
international law, by deploying naval vessels, arms and military aircraft and through
seizures and disposition of boats, vessels, arms and other related equipment used in
the commission of piracy and armed robbery at sea off the coast of Somalia, or for
which there are reasonable grounds for suspecting such use;
8. Commends the work of the CGPCS to facilitate coordination in order to
deter acts of piracy and armed robbery at sea off the coast of Somalia, in
cooperation with the IMO, flag States, and the TFG and urges States and
international organizations to continue to support these efforts;
9. Encourages Member States to continue to cooperate with the TFG in the
fight against piracy and armed robbery at sea, notes the primary role of the TFG in
the fight against piracy and armed robbery at sea off the coast of Somalia, and
decides that for a further period of twelve months from the date of this resolution to
renew the authorizations as set out in paragraph 10 of resolution 1846 (2008) and
paragraph 6 of resolution 1851 (2008), as renewed by paragraph 7 of resolution
1897 (2009), and paragraph 7 of resolution 1950 (2010), granted to States and
regional organizations cooperating with the TFG in the fight against piracy and
armed robbery at sea off the coast of Somalia, for which advance notification has
been provided by the TFG to the Secretary-General;
10. Affirms that the authorizations renewed in this resolution apply only with
respect to the situation in Somalia and shall not affect the rights or obligations or
responsibilities of Member States under international law, including any rights or
obligations, under the Convention, with respect to any other situation, and
underscores in particular that this resolution shall not be considered as establishing
customary international law; and affirms further that such authorizations have been
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renewed only following the receipt of the 10 November 2011 letter conveying the
consent of the TFG;
11. Further affirms that the measures imposed by paragraph 5 of resolution
733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425
(2002) do not apply to weapons and military equipment destined for the sole use of
Member States and regional organizations undertaking measures in accordance with
paragraph 9 above or to supplies of technical assistance to Somalia solely for the
purposes set out in paragraph 6 of resolution 1950 (2010) which have been
exempted from those measures in accordance with the procedure set out in
paragraphs 11 (b) and 12 of resolution 1772 (2007);
12. Requests that cooperating States take appropriate steps to ensure that the
activities they undertake pursuant to the authorizations in paragraph 9 do not have
the practical effect of denying or impairing the right of innocent passage to the ships
of any third State;
13. Calls on Member States to assist Somalia, at the request of the TFG and
with notification to the Secretary-General, to strengthen capacity in Somalia,
including regional authorities, to bring to justice those who are using Somali
territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at
sea, and stresses that any measures undertaken pursuant to this paragraph shall be
consistent with applicable international human rights law;
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 all persons responsible for acts of piracy and armed robbery off the
coast of Somalia, including anyone who incites or facilitates an act of piracy,
consistent with applicable international law including international human rights
law to ensure that all pirates handed over to judicial authorities are subject to a
judicial process, and to render assistance by, among other actions, providing
disposition and logistics assistance with respect to persons under their jurisdiction
and control, such as victims and witnesses and persons detained as a result of
operations conducted under this resolution;
15. Calls upon all States to criminalize piracy under their domestic law and
to favourably consider the prosecution of suspected, and imprisonment of convicted,
pirates apprehended off the coast of Somalia, and their facilitators and financiers
ashore, consistent with applicable international law including international human
rights law;
16. Reiterates its decision to continue its consideration, as a matter of
urgency, of the establishment of specialized anti-piracy courts in Somalia and other
States in the region with substantial international participation and/or support, as set
forth in resolution 2015 (2011), and the importance of such courts having
jurisdiction over not only suspects captured at sea, but also anyone who incites or
intentionally facilitates piracy operations, including key figures of criminal
networks involved in piracy who illicitly plan, organize, facilitate, or finance and
profit from such attacks, and emphasizes the need for strengthened cooperation of
States, regional, and international organizations in holding such individuals
accountable, and encourages the CGPCS to continue its discussions in this regard;
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17. Urges all States to take appropriate actions under their existing domestic
law to prevent the illicit financing of acts of piracy and the laundering of its
proceeds;
18. Urges States, in cooperation with INTERPOL and Europol, to further
investigate international criminal networks involved in piracy off the coast of
Somalia, including those responsible for illicit financing and facilitation;
19. Commends INTERPOL for the creation of a global piracy database
designed to consolidate information about piracy off the coast of Somalia and
facilitate the development of actionable analysis for law enforcement, and urges all
States to share such information with INTERPOL for use in the database, through
appropriate channels;
20. Stresses in this context the need to support the investigation and
prosecution of those who illicitly finance, plan, organize, or unlawfully profit from
pirate attacks off the coast of Somalia;
21. Urges Sates and international organizations to share evidence and
information for anti-piracy law enforcement purposes with a view to ensuring
effective prosecution of suspected, and imprisonment of convicted, pirates;
22. Commends the establishment of the Trust Fund Supporting the Initiatives
of States Countering Piracy off the Coast of Somalia and the International Maritime
Organization (IMO) Djibouti Code Trust Fund and urges both state and non-state
actors affected by piracy, most notably the international shipping community, to
contribute to them;
23. Urges States parties to the Convention and the SUA Convention to
implement fully their relevant obligations under these Conventions and customary
international law and cooperate with the UNODC, IMO, and other States and other
international organizations to build judicial capacity for the successful prosecution
of persons suspected of piracy and armed robbery at sea off the Coast of Somalia;
24. Urges States individually or within the framework of competent
international organizations to positively consider investigating allegations of illegal
fishing and illegal dumping, including of toxic substances, with a view to
prosecuting such offences when committed by persons under their jurisdiction; and
takes note of the Secretary-General’s intention to include updates on these issues in
his future reports relating to piracy off the Coast of Somalia;
25. Welcomes the recommendations and guidance of the IMO on preventing
and suppressing piracy and armed robbery against ships, underlines the importance
of implementing such recommendations and guidance by all stakeholders, including
the shipping industry, and urges States, in collaboration with the shipping and
insurance industries, and the IMO, to continue to develop and implement avoidance,
evasion, and defensive best practices and advisories to take when under attack or
when sailing in the waters off the coast of Somalia, and further urges States to make
their citizens and vessels available for forensic investigation as appropriate at the
first port of call immediately following an act or attempted act of piracy or armed
robbery at sea or release from captivity;
26. Invites the IMO to continue its contributions to the prevention and
suppression of acts of piracy and armed robbery against ships in coordination, in
particular, with the United Nations Office on Drugs and Crime (UNODC), the World
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Food Programme (WFP), the shipping industry, and all other parties concerned, and
recognizes the IMO’s role concerning privately contracted armed security personnel
on board ships in high-risk areas;
27. Notes the importance of securing the safe delivery of World Food
Programme (WFP) assistance by sea, welcomes the ongoing work by WFP, EU
operation Atalanta and Flag States with regard to Vessel Protection Detachments on
WFP vessels;
28. Requests States and regional organizations cooperating with the TFG to
inform the Security Council and the Secretary-General in 9 months of the progress
of actions undertaken in the exercise of the authorizations provided in paragraph 9
above and further requests all States contributing through the CGPCS to the fight
against piracy off the coast of Somalia, including Somalia and other States in the
region, to report by the same deadline on their efforts to establish jurisdiction and
cooperation in the investigation and prosecution of piracy;
29. Requests the Secretary-General to report to the Security Council within
11 months of the adoption of this resolution on the implementation of this resolution
and on the situation with respect to piracy and armed robbery at sea off the coast of
Somalia;
30. Expresses its intention to review the situation and consider, as
appropriate, renewing the authorizations provided in paragraph 9 above for
additional periods upon the request of the TFG;
31. Decides to remain seized of the matter.

Topics
Somalia
Year
2011
Title
The situation in Somalia
Related with resolutions
733 1425 1772 1814 1816 1838 1844 1846 1851 1897 1918 1950 1976 2015
Quoted in resolutions
2036 2067 2077 2125 2184 2246 2316 2383
Security Council Composition
CHN FRA RUS GBR USA BIH BRA COL DEU GAB IND LBN NGA PRT ZAF