| UN Security Council Resolution 1897 | |
|---|---|
| Date | 30 November 2009 |
| Meeting no. | 6,226 |
| Code | S/RES/1897 (Document) |
| Subject | The situation in Somalia |
Voting summary |
|
| Result | Adopted |
| Security Council composition | |
Permanent members | |
Non-permanent members | |
United Nations Security Council Resolution 1897 was unanimously adopted on 30 November 2009.
The Security Council today decided to renew, for a period of 12 months, its previous authorizations for States and regional organizations cooperating with the Somali Transitional Federal Government (TFG) to enter Somalia’s territorial waters and use all necessary means to fight piracy and armed robbery at sea off the Somali coast, provided advance notification was given by the TFG to the Secretary-General.
Adopting resolution 1897 (2009) unanimously and acting under Chapter VII of the United Nations Charter, the Council also invited all States and regional organizations engaged in this fight to conclude special agreements or arrangements with countries willing to take custody of pirates. Those arrangements should allow for the embarkation of law enforcement officials—or “shipriders”—from these willing countries to facilitate the investigation and prosecution of persons detained as a result of anti-piracy operations, provided that the advance consent of the TFG was obtained for third State jurisdiction in Somali territorial waters and that such arrangements did not prejudice the effective implementation of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
The resolution affirms that the renewed authorizations apply only to the situation in Somalia and shall not affect the States' rights or obligations or responsibilities with respect to any other situation. It particularly underscores that it shall not be considered as establishing customary international law and affirms that its authorizations have been renewed only following the receipt of letters dated 2 and 6 November 2009, which conveyed the TFG's consent.
Among the text's other provisions, the Council called on States to assist Somalia in strengthening its capacity to bring to justice those using Somali territory to plan, facilitate or undertake criminal acts of piracy and armed robbery, consistent with applicable international human rights law. All States—particularly flag, port and coastal States, as well as those of both the victims and perpetrators of piracy and armed robbery—were called on to cooperate in order to ensure that all pirates handed over to judicial authorities were subject to a judicial process.
Welcoming the revisions by the International Maritime Organization (IMO) of its recommendations and guidance on preventing and suppressing piracy and armed robbery, the Council further urged States, in collaboration with the IMO and the shipping and insurance industries, 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 Somali coast. [1]
Piracy in the Gulf of Guinea affects a number of countries in West Africa as well as the wider international community. By 2011, it had become an issue of global concern. Pirates in the Gulf of Guinea are often part of heavily armed criminal enterprises, who employ violent methods to steal oil cargo. In 2012, the International Maritime Bureau, Oceans Beyond Piracy and the Maritime Piracy Humanitarian Response Program reported that the number of vessels attacks by West African pirates had reached a world high, with 966 seafarers attacked during the year. According to the Control Risks Group, pirate attacks in the Gulf of Guinea had by mid-November 2013 maintained a steady level of around 100 attempted hijackings in the year, a close second behind Southeast Asia. Piracy in the Gulf of Guinea continues to be a concern to the shipping industry, which is affected significantly. At the same time, governments in the region generally highlight that the fight against piracy requires a broad understanding of maritime security throughout the Gulf of Guinea.
Piracy off the coast of Somalia occurs in the Gulf of Aden, Guardafui Channel and Somali Sea, in Somali territorial waters and other areas. It was initially a threat to international fishing vessels, expanding to international shipping since the second phase of the Somali Civil War, around 2000.
United Nations Security Council Resolution 1838 is a United Nations Security Council resolution that calls on nations with vessels in the Somali piracy region to apply military force as a means of repressing acts of piracy. Adopted unanimously on October 7, 2008, it recommends that states commit both naval and air forces to fight this crime. The text was drafted by French authorities.
United Nations Security Council resolution 751 is a United Nations Security Council resolution adopted unanimously on April 24, 1992, after reaffirming resolutions 733 (1992) and 746 (1992) and considering a report by the Secretary-General Boutros Boutros-Ghali on the ongoing civil war in Somalia. The Council established a United Nations Operation in Somalia I with an immediate deployment of 50 observers in the capital Mogadishu to monitor the ceasefire.
United Nations Security Council Resolution 1918, adopted unanimously on April 27, 2010, after recalling resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008) and 1897 (2008) on Somalia, the Council called on countries to criminalise piracy within their national laws.
United Nations Security Council Resolution 1950, adopted unanimously on November 23, 2010, after recalling previous resolutions on the situation in Somalia, including resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009) and 1918 (2010); the Council re-authorised states to intervene in acts of piracy by Somali pirates at sea for a further period of twelve months.
Piracy in the 21st century has taken place in a number of waters around the world, including the Gulf of Guinea, Strait of Malacca, Indian Ocean, and Falcon Lake.
United Nations Security Council Resolution 1976, adopted unanimously on April 11, 2011, after recalling previous resolutions on the situation in Somalia, particularly resolutions 1918 (2010) and 1950 (2010), the Council decided to consider the establishment of special Somali courts to try pirates operating off the coast of the country.
United Nations Security Council Resolution 2018 was unanimously adopted on 31 October, 2011.
United Nations Security Council Resolution 2015 was unanimously adopted on 24 October, 2011.
United Nations Security Council Resolution 2020 was unanimously adopted on 22 November 2011.
United Nations Security Council Resolution 1801 was unanimously adopted on 20 February 2008.
United Nations Security Council Resolution 1872 was unanimously adopted on 26 May 2009.
United Nations Security Council Resolution 1831 was unanimously adopted on 19 August 2008.
United Nations Security Council Resolution 1816 was unanimously adopted on 2 June 2008.
United Nations Security Council Resolution 1846 was unanimously adopted on 2 December 2008.
United Nations Security Council Resolution 1851 was unanimously adopted on 16 December 2008.
United Nations Security Council Resolution 2077 was unanimously adopted on 21 November 2012. The Security Council renewed for another year the authorizations, first agreed in 2008, for international action to fight the crimes in cooperation with the new Somali Government, whom it requested to create a national legal framework for the effort.
Piracy in Somalia has been a threat to international shipping since the beginning of the country's civil war in the early 1990s. Since 2005, many international organizations have expressed concern over the rise in acts of piracy. Piracy impeded the delivery of shipments and increased shipping expenses, costing an estimated $6.6 to $6.9 billion a year in global trade in 2011 according to Oceans Beyond Piracy (OBP). According to the German Institute for Economic Research (DIW), a veritable industry of profiteers also arose around the piracy. Insurance companies significantly increased their profits from the pirate attacks, as the firms hiked rate premiums in response. Since 2013, piracy attacks have reduced in the region due mostly to patrolling by the navies of countries across the world, especially India, China and EU Navfor Operation Atalanta.
International piracy law is international law that is meant to protect against piracy. It was enacted primarily by the United Nations and UNCLOS, and defines different types of piracy and ways to combat it.
