Resolution 2554 (2020)
Adopted by the Security Council on 4 December 2020
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), 2015
(2011), 2020 (2011), 2077 (2012), 2125 (2013), 2184 (2014), 2246 (2015), 2316
(2016), 2383 (2017), 2442 (2018), and 2500 (2019), as well as the Statements of its
President (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of
19 November 2012,
Welcoming the report of the Secretary-General (S/2020/1072), as requested by
resolution 2500 (2019), on the implementation of that resolution and on the situation
with respect to piracy and armed robbery at sea off the coast of Somalia,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence, and unity of Somalia, including Somalia’s sovereign rights in
accordance with international law, with respect to offshore natural resource s,
including fisheries,
Welcoming that there were no successful piracy attacks off the coast of Somalia
in the prior 12 months, and noting that joint counter-piracy efforts have resulted in a
steady decline in pirate attacks as well as in hijackings sinc e 2011, with no successful
ship hijackings for ransom reported off the coast of Somalia since March 2017
however, recognizing the ongoing threat that resurgent piracy and armed robbery at
sea poses, noting the letter of 2 December 2020 from the Permanent R epresentative
of the Permanent Mission of Somalia to the United Nations requesting international
assistance to counter piracy off its coast, and recalling reports of the Secretary
General and communiqués of the Contact Group on Piracy off the Coast of Soma lia
(CGPCS), which continue to illustrate that piracy off the coast of Somalia has been
repressed but not eradicated, and commending countries and organizations that have
deployed naval counter-piracy missions in the region to suppress piracy and protect
ships transiting through the waters off the coast of Somalia and the region,
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 within which all activities in the oceans and seas must be carried
out, including countering piracy and armed robbery at sea,
Recognizing the need and commending the efforts of States, including in
particular States in the region, 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 including those who
plan, organize, facilitate or illicitly finance or profit from such attacks, and reiterating
its concern over persons suspected of piracy having been released without facing
justice, or released prematurely, 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,
Welcoming the work of the CGPCS and the Law Enforcement Task Force
(LETF) to facilitate the prosecution of suspected pirates and facilitators, and
international efforts to coordinate the work of invest igators and prosecutors, inter alia,
through the LETF and collect and share information to disrupt the pirate enterprise,
as exemplified by INTERPOL’s Global Database on Maritime Piracy, further
commending the Padang Communique and Maritime Cooperation Declaration
adopted by the Indian Ocean Rim Association (IORA), and the operationalization of
the Regional Maritime Information Fusion Center (RMIFC) in Madagascar and
emphasizing the need for States and international organizations to further enhance
international efforts in this regard,
Welcoming efforts by the CGPCS, the United Nations Office on Drugs and
Crime (UNODC), the United Nations Development Programme (UNDP), the
Maritime Security Coordination Committee (MSCC), the financing mechanism
provided by the Trust Fund to Support Initiatives of States Combating Piracy off the
Coast of Somalia (the Trust Fund), and donors to strengthen regional judicial and law
enforcement capacity to investigate, arrest, a nd prosecute suspected pirates as well as
those associated with facilitating piracy and to incarcerate those convicted consistent
with applicable international human rights law, noting with appreciation the
assistance and capacity-building provided by UNODC Global Maritime Crime
Programme, the Trust Fund, the International Maritime Organization (IMO), the
funded Djibouti Code of Conduct, and the European Union Capacity Building
Mission in Somalia (EUCAP Somalia), and recognizing the need for all engaged
international and regional organizations to coordinate and cooperate fully,
Commending the efforts of the European Union Naval Forces (EUNAVFOR)
Operation ATALANTA and EUCAP Somalia, Combined Maritime Forces’ Combined
Task Force 151 (CMF), the counter piracy activities of the African Union onshore in
Somalia and other States acting in a national capacity in cooperation with Somali
authorities to suppress piracy and to protect ships transiting through the waters off
the coast of Somalia, and welcoming the Shared Awareness and Deconfliction
Initiative (SHADE), and the efforts of individual countries, including China, India,
Japan, the Republic of Korea, and the Russian Federation, which have deployed naval
counter-piracy missions in the region,
Commending the efforts of the CGPCS and Kenya, which assumed the Chair of
the CGPCS for the period 2020 to 2022, and despite their work being severely
restrained due to the COVID-19 pandemic welcoming their efforts to convene a
successful virtual Friends of the CGPCS Ch air meeting, with participants from over
50 countries as well as regional and international organizations, to update on maritime
threats and activities off the coast of Somalia and finalise the Terms of Reference for
the Strategic Planning Steering Group that will develop a strategic plan on future
priorities of the CGPCS, and explore the possibility of establishing a financial
mechanism to replace the Trust Fund in consultation with FGS and in line with its
policies,
Underlining the importance of cooperation between the Federal Government of
Somalia and the Federal Member States in the development of a coast guard in
Somalia, noting with appreciation the efforts made by the IMO and the shipping
industry to develop and update guid ance, best management practices,
recommendations to assist ships to prevent and suppress piracy attacks off the coast
of Somalia, and publishing the fifth version of the Best Management Practices to deter
Piracy and Enhance Maritime Security in the Red Sea , Gulf of Aden, Indian Ocean
and the Arabian Sea (BMP5),
Reaffirming international condemnation of acts of kidnapping and hostage -
taking, including offences contained within the International Convention against the
Taking of Hostages, and expressing serious concern at the inhumane conditions
hostages face in captivity, and noting the importance of cooperation between Member
States on the issue of hostage-taking and the prosecution of suspected pirates for
taking hostages,
Welcoming the readiness of the Federal Government of Somalia and Federal
Member States 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 arrangeme nts, consistent with applicable
international law, including international human rights law, to serve the full terms of
their sentences, but expresses serious concern regarding the premature release of any
convicted prisoners returned from Seychelles to So malia and reiterates that sentences
served must be those passed by the courts of the prosecuting states and that any
proposal to vary the sentences must be in conformity with agreements with Seychelles
on the transfer of sentenced persons and consistent wi th applicable international law,
including international human rights law,
Expressing serious concern over reports of illegal, unreported and unregulated
fishing (IUU) in Somalia’s Exclusive Economic Zone (EEZ), recognizing that IUU
fishing can contribute to destabilization among coastal communities, and noting the
complex relationship between IUU fishing and piracy, welcoming Somalia’s
accession to the Food and Agriculture Organization (FAO)’s Agreement on Port State
Measures to Prevent, Deter and Elimin ate Illegal, Unreported and Unregulated
Fishing, and the ongoing efforts of the Federal Government of Somalia towards the
development of a legal regime for the distribution and enforcement of fishing
licences,
Welcoming the release of the three Iranian seafarers from the FV Siraj as a result
of the efforts of the Islamic Republic of Iran and the Hostage Support Partnership
who were held as hostages inside Somalia in appalling conditions, and appreciating
the work of the International Seafarers Welfare and Assistance Network (ISWAN),
the Maritime Piracy Response Programme (MPHRP), and the CGPCS Piracy
Survivors Family Fund (PSFF) in providing support to victims of piracy and their
families, and recognizing the need to continue supporting these initiatives a nd
contributions to funds,
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 durabl e 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 Somali
authorities of the Somali Coast Guard and Maritime Police Units, Somali Nati onal
Army, and Somali Police Force,
Determining that the incidents of piracy and armed robbery at sea off the coast
of Somalia, as well as the activity of pirate groups in Somalia, are an important factor exacerbating the situation in Somalia, which cont inues 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 at sea off the coast of Somalia;
2. While noting improvements in Somalia, recognizes that piracy exacerbates
instability in Somalia by introducing large amounts of illicit cash that fuels additional
crime, corruption, and terrorism;
3. Stresses the need for a comprehensive respon se to prevent and suppress
piracy and tackle its underlying causes by the international community in
collaboration with Somali authorities and other relevant actors, and encourages
Member States to continue to cooperate with Somali authorities in the fight against
piracy and armed robbery at sea, without impeding the exercise of high seas freedoms
or other navigational rights and freedoms by ships of any State, consistent with
international law, as reflected in UNCLOS;
4. Underlines the primary responsibility of the Somali authorities in the fight
against piracy and armed robbery at sea off the coast of Somalia, values the recent
launch of the Department of Somali Maritime Administration, and welcomes the
National Maritime Coordination Committee (NMCC) mee ting convened by the FGS
to initiate a mapping process of all maritime activities, including international
support;
5. Recognizes the need to continue investigating and prosecuting those who
plan, organize, illicitly finance or profit from pirate attacks off the coast of Somalia,
including key figures of criminal networks involved in piracy, and to develop the
capacity of Somali authorities to investigate and prosecute such persons, and the
capacity of Somalia’s Financial Intelligence Unit to identify ill icit financial activity
and support the prosecution of pirate financiers, and urges States, working in
conjunction with relevant international organizations, to adopt legislation to facilitate
prosecution of suspected pirates off the coast of Somalia;
6. Calls upon the Somali authorities to interdict, and upon interdiction to
have mechanisms in place to safely return effects seized by pirates, investigate and
prosecute pirates and to patrol the waters off the coast of Somalia to prevent and
suppress acts of piracy and armed robbery at sea;
7. Calls upon the Somali authorities to make all efforts 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 calls upon Membe r States to assist Somalia, at
the request of Somali authorities and with notification to the Secretary -General, to
strengthen maritime capacity in Somalia, including regional authorities and, stresses
that any measures undertaken pursuant to this paragrap h shall be consistent with
applicable international law, in particular international human rights law;
8. Encourages the Federal Government of Somalia to accede to the United
Nations Convention against Transnational Organized Crime, and develop a
corresponding legal architecture as part of its efforts to target money laundering and
financial support structures on which piracy networks survive;
9. Calls upon States to cooperate, as appropriate, on the issue of hostage
taking, and the prosecution of suspe cted pirates for taking hostages;
10. Recognizes the need for Member States, international and regional
organizations, and other appropriate partners to exchange evidence and information
for anti-piracy law enforcement purposes with a view to ensuring ef fective arrest, prosecution of suspected, and imprisonment of convicted pirates and key figures of
criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance
and profit from piracy operations, and keeps under review the possi bility of applying
targeted sanctions against individuals or entities that plan, organize, facilitate, or
illicitly finance or profit from piracy operations if they meet the listing criteria set out
in paragraph 43 of resolution 2093 (2013), and calls upon all States to cooperate fully
with the Panel of Experts on Somalia, including on information -sharing regarding
possible violations of the arms embargo or charcoal ban;
11. Recognizes the importance of capacity building and request donors to
consider providing support to reinforce Somalia’s national coast guard capacities
through Human Resources development, training, equipping and building of coastal
guard stations;
12. Renews its call upon States and regional organizations that are able 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, by providing basing and
logistical support for counter-piracy forces, and by seizing and disposing 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;
13. Highlights the importance of coordination among Member states and
international organizations in order to deter acts of piracy and armed robbery at sea
off the coast of Somalia, commends the work of the CGPCS to facilitate such
coordination in cooperation with the IMO, flag States, and Somali authorities,
encourages the full participation of Somalia in all coordination efforts and urges
continued support of these efforts;
14. Decides that, for a further period of 12 months from the date of this
resolution to renew the authorizations as set out in paragraph 14 of resolution 2500
(2019) granted to States and regional o rganizations cooperating with Somali
authorities in the fight against piracy and armed robbery at sea off the coast of
Somalia, for which advance notification has been provided by Somali authorities to
the Secretary-General;
15. Affirms that the authorizations renewed in this resolution apply only with
respect to the situation in Somalia and shall not affect the rights, obligations, or
responsibilities of Member States under international law, including any rights or
obligations under The Convention, with respect to any other situation, and
underscores in particular that this resolution shall not be considered as establishing
customary international law; and affirms further that such authorizations have been
renewed in response to the 2 December 2020 lette r conveying the request of Somali
authorities;
16. Decides that the arms embargo on Somalia imposed by paragraph 5 of
resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolut ion
1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does not apply
to supplies of weapons and military equipment or the provision of assistance destined
for the sole use of Member States, international, regional, and sub-regional
organizations undertaking measures in accordance with paragraph 14 above, as most
recently reaffirmed by OP 19(b) of resolution 2551 (2020);
17. Calls upon all States to take appropriate actions under their existing
domestic law, or develop legislative processes, to prevent the illicit financing of acts
of piracy and the laundering of its proceeds;
18. 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, to criminalize piracy under their domestic law,
and to favourably consider the prosecution of suspected, and imprisonment of those
convicted, pirates apprehended off the coast of Somalia, and their facilitators and
financiers ashore, decides to keep these matters under r eview, including, as
appropriate, the establishment of specialized anti -piracy courts in Somalia with
substantial international participation and/or support as set forth in resolution 2015
(2011), and encourages the CGPCS to continue its discussions in this regard;
19. Further calls upon all States to cooperate in the investigation and
prosecution of all persons responsible for or associated with acts of piracy and armed
robbery off the coast of Somalia, including international criminal networks involved
in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack,
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, witnesses, and persons detained as a result of operations conducted under
this resolution;
20. Urges all States to ensure that counter-piracy activities, particularly landbased
activities, take into consideration the need to protect women and children from
exploitation, including sexual exploitation;
21. Urges all States to share information with INTERPOL for use in the global
piracy database, through appropriate channels;
22. Welcomes the UNODC Global Maritime Crime Programme’s continued
work with authorities in Somalia and in neighbouring States to ensure that individuals
suspected of piracy are prosecuted and those convicted are imprisoned in a manner
consistent with applicable international law, including international human rights law,
and welcomes the work of international and regional organizations to strengthen the
capacity of financial intelligence units in Somalia and neighbouring states;
23. Recognizes the successful prosecution of piracy cases by Seychelles and
implores regional authorities to honour transfer agreements;
24. Urges States parties to The Convention and the 1988 Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA
Convention) and its protocols to implement fully their relevant obligations under
these conventions and customary international law and to cooperate with the
UNODC, IMO, and other States and 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;
25. Acknowledges the recommendations and guidance provided by the IMO
on preventing and suppressing piracy and armed robbery at sea; 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 suitable port of call immediately
following an act or attempted act of piracy or armed robbery at sea or release from
captivity;
26. Welcomes and encourages efforts by flag States and port States to further
consider the development of safety and security measures on board vessels, including,
where applicable, developing regulations for the use of privately contracted armed security personnel (PCASP) on board ships, aimed at preventing and suppressing piracy off the coast of Somalia, through a consultative process, including through the IMO and ISO;
27. 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 UNODC, the World Food Program (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;
28. Notes the importance of securing the safe delivery of WFP assistance by sea, and welcomes the ongoing work by the WFP, EUNAVFOR Operation Atalanta, and flag States with regard to Vessel Protection Detachments on WFP vessels;
29. Requests the Secretary-General to report to the Security Council within eleven 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, including assessment of National Coast Guard capabilities as well as voluntary reports by cooperating States and regional organizations;
30. Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 14 above for additional periods upon the request of Somali authority;
31. Decides to remain seized of the matter.
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