Somalia
The Council is expected to renew the antipiracy provisions of resolution 1897 , which expire on 30 November. A Secretary-General’s report on Somali piracy is due by 30 October. Under-Secretary-General for Political Affairs B. Lynn Pascoe is likely to brief the Council. (A meeting of the International Contact Group on Piracy off the Coast of Somalia is scheduled for 10 November in New York under the chairmanship of the Republic of Korea.)
Council experts are also expected to be continuing discussions on a formal Council response to AU requests for support from the UN to AMISOM presented at the 21 October Council meeting.
Also in November, the UN Humanitarian Coordinator for Somalia will report on the humanitarian access situation in the country and the Council is expected to review the effects of the decision in resolution 1916 that the assets-freeze provision of the Somalia sanctions regime does not apply to the payment of funds, other financial assets or economic resources “necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia.” A briefing on the report is expected in the Somalia/Eritrea Sanctions Committee.
Finally, the chair of the Sanctions Committee, Mexican Ambassador Claude Heller, is due to report to the Council on the work of the Committee. (Resolution 1844 of November 2008 on targeted sanctions calls for the Committee to report to the Council every 120 days.)
Key Recent Developments
On 21 October, the Council heard a briefing by the Secretary-General and Somali Foreign Minister Yusuf Hasan Ibrahim. AU Commissioner for Peace and Security Ramtane Lamamra presented the AU requests to the Council adopted at the AU Peace and Security Council meeting of 15 October. He urged the Council to endorse an increase in the authorised troop strength of the AU Mission in Somalia (AMISOM) from 8,000 to 20,000, as well as an expansion of its funding from UN-assessed contributions. He also urged the Council to impose a naval blockade and no-fly zone over Somalia and to consider requesting the naval operations off the coast of Somalia to provide “more direct and tangible operational support to AMISOM”. Finally, he reiterated the need to approach the piracy issue “in a holistic manner, with a view to effectively addressing the underlying causes.” Following a private meeting with Lamamra and others, the Council, in a press statement, took note of the AU’s requests regarding AMISOM. (For more background please refer to our 15 October Update Report on Somalia.)
The Council last considered Somali piracy on 25 August. It held an open debate featuring briefings by the Secretary-General and by Under-Secretary-General for Legal Affairs Patricia O’Brien. At the end of the meeting, the Council adopted a presidential statement which:
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encouraged the International Contact Group on Piracy off the Coast of Somalia to continue discussions on possible further steps to ensure that those responsible for acts of piracy be held accountable;
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emphasised the need for a regular review of progress achieved in prosecuting and imprisoning pirates; and
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requested the Secretary-General to include in his next report on Somali piracy observations possible ways to enhance ongoing international cooperation.
On 26 August, the Secretary-General appointed Jack Lang, a former French politician and professor of public law, as his Special Adviser on legal issues related to piracy off the coast of Somalia.
On 28 September, the International Contact Group on Somalia met in Madrid under the chairmanship of the Secretary-General’s Special Representative on Somalia, Augustine Mahiga. Addressing the issue of piracy, Mahiga emphasised that all counter-piracy activities “must be conducted under the overall strategy of the Djibouti agreement” and that international efforts “must be delivered as part of, and not independent from, a package of balanced measures that contribute to the political stability of Somalia.” In a communiqué the contact group stressed the need to address piracy’s root causes.
On 1 October Kenya ended an agreement with the EU to prosecute suspected Somali pirates. Kenya has accused the international community of failing to deliver promised financial support to cover the costs involved.
Also in October, Lang travelled to the region and held consultations with regional and international actors. Lang said in response to Kenya’s announcement that the UN was assessing ways for the trials to resume and was discussing the problem with Kenyan authorities.
On 18 October, the International Maritime Bureau reported that Somali pirates were responsible for 44 percent of all piracy attacks globally in 2010 and had extended their reach as far as the southern Red Sea. Overall, piracy activity off the coast of Somalia had declined compared with 2009, but the number of hijackings remained at the same level.
According to EU anti-piracy naval operation EU NAVFOR, the detention period for crews captured by pirates and ransom demands have increased significantly.
On land, humanitarian access continues to be of grave concern. On 15 September the Islamist insurgent group Al-Shabaab announced that it had banned another three aid agencies from Mogadishu. (This followed its 9 August ban on three Christian aid organisations.) On 8 October, the UN Office for the Coordination of Humanitarian Affairs said that Al-Shabaab’s expulsion of international aid organisations affected more than 1 million people. There were reports, however, of divisions within Al-Shabaab’s leadership over whether to allow international aid groups to work in areas controlled by it.
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Human Rights-Related Developments |
Key Issues
A key issue for the Council is whether to extend the anti-piracy provisions of resolution 1897 and if so, whether the Council’s current approach to the piracy problem needs to be revised to better address its root causes (taking into account the concerns expressed by Lamamra on behalf of the AU and as recognised by the international contact group). Related issues are better coordination with the overall UN strategy for Somalia as called for by Mahiga and others and the AU’s request for the naval operations in the region to also provide more “direct and tangible support” to AMISOM and for the Council to impose a naval blockade on Somalia.
The prosecution and imprisonment of suspected pirates has also become an acute issue and the Council has before it the different options presented by the Secretary-General in his 26 July report .
Another key issue is the AU request for increased support for AMISOM from assessed contributions. A related question is the timing of any Council decision on this with respect to further consideration by the General Assembly’s Advisory Committee on Administrative and Budgetary Questions and by the Fifth Committee.
A further issue is the increasingly difficult situation with regard to humanitarian access in Somalia and the impact on civilians. A related issue in terms of protection of civilians is whether the provision in resolution 1916 regarding the assets-freeze exemption should remain in place.
An additional issue related to the humanitarian situation is the Secretary-General’s recent proposal for integration of UN activities in Somalia (which is now likely to be taken up by the Secretary-General’s Policy Committee in November). This has met with strong resistance from humanitarian actors in Somalia who fear such an approach would undermine their perceived independence. The Secretary-General said in his September Somalia report that the integration proposal would be submitted to the Council.
Options
Main options for the Council include:
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a simple extension of the anti-piracy provisions of resolution 1897, authorising states and regional organisations to enter Somali territorial waters and take action on land in Somalia to combat piracy;
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responding to concerns about prosecution and imprisonment of pirates and deciding to take collective responsibility for this aspect by establishing an international tribunal as proposed by Russia;
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requesting the Secretary-General to develop a comprehensive strategy to address the root causes of piracy, including for land-based projects to develop alternative livelihoods;
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emphasising the need for greater coordination between the international naval operations at sea and international efforts on land in Somalia and encouraging these operations to provide support to AMISOM;
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imposing a naval blockade and no-fly zone over Somalia;
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deciding that the assets-freeze exemption should remain in place and expressing concern for the humanitarian situation and calling for unimpeded access;
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deciding whether to support the Secretary-General’s plans for an integrated UN presence in Somalia; and
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requesting the Secretary-General to expand the support package for AMISOM from UN assessed contributions.
Council Dynamics
There seems to be wide agreement that the existing anti-piracy provisions should be extended. But there is no consensus yet on the Secretary-General’s options for prosecution of pirates. The international piracy contact group will continue to work on this and Lang is due to present his advice to the Secretary-General soon based on his consultations with key countries in the region and Council members.
Council members also remain divided over how or whether to expand the financial support for AMISOM. But discussions are at an early stage.
The review of the humanitarian assets-freeze exemption is expected to be uncontroversial.
Most members appear supportive of the Secretary-General’s proposal for better UN integration.
The UK is the lead country on Somalia in the Council.
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Selected Security Council Resolutions |
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Selected Presidential Statement |
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Latest Secretary-General’s Reports |
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Selected Meeting Records |
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Selected Letters |
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Selected Council Press Statements |
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Other |
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Communiqué of the 245th meeting of the AU Peace and Security Council, 15 October 2010.
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Agora: Piracy Prosecutions, American Journal of International Law, Volume 104, no. 3 (July 2010).
