United Nations (New York)
3 December 2008
document
Resolution 1846 (2008) Adopted Unanimously;
Authorizations Provided after Consent from Transitional Federal Government
The Security Council today strengthened international efforts to fight piracy off the coast of Somalia by expanding the mandate of States and regional organizations working with Somali officials towards that aim.
Through the unanimous adoption of resolution 1846 (2008), and acting under the Charter’s Chapter VII, the Council decided that during the next 12 months States and regional organizations cooperating with the Somali Transitional Federal Government (TFG) may enter Somalia’s territorial waters and use “all necessary means” -- such as deploying naval vessels and military aircraft, as well as seizing and disposing of boats, vessels, arms and related equipment used for piracy -- to fight piracy and armed robbery at sea off the Somali coast, in accordance with relevant international law. States and regional organizations cooperating with Somali authorities were also requested to provide the Council and the Secretary-General with a progress report on their actions within nine months.
Further to that text, the Council expressed its concern over the findings of a 20 November report of the Monitoring Group on Somalia that escalating ransom payments were fuelling a growth in piracy off the Somali coast. It called upon States, the International Maritime Organization (IMO), and the shipping and insurance industries to appropriately advise and guide ships on how to avoid, evade and defend themselves against attack, as well as provide Somalia and nearby coastal States with technical assistance to ensure coastal and maritime security.
The text affirms that the authorizations apply only with respect to the situation in Somalia. It underscores, in particular, that the resolution shall not be considered as establishing customary international law and, further, that the authorizations have been provided only following the receipt of a 20 November letter conveying the consent of the TFG.
The resolution also welcomes initiatives by Canada, Denmark, France, India, Netherlands, Russian Federation, Spain, United Kingdom and the United States, and by regional and international organizations, to counter piracy off the Somalia coast pursuant to resolutions 1814 (2008), 1816 (2008) and 1838 (2008), as well as the decision by the European Union to launch for a period of 12 months from December 2008 a naval operation to protect World Food Programme (WFP) maritime convoys bringing humanitarian assistance to Somalia, and other vulnerable ships.
After adoption of the resolution, Zhang Yesui ( China) noted that piracy had become more rampant and was posing increasingly grave threats to international humanitarian assistance and navigational security, with dire consequences for the international economy and the lives of Somalians. However, piracy was merely a symptom of a larger Somali crisis, and it was important not to lose sight of its root causes. A reconciliation process was needed to resolve disputes between Somalia’s various factions and promote economic development. He called on the international community to truly support the work of the African Union Mission to Somalia (AMISOM), as well as on the Council to heed the appeal of Somali and African Union officials to support early deployment of a United Nations peacekeeping force and for the various factions involved to create favourable conditions for deployment.
Marty Natalegawa (Indonesia) strongly supported flag States and others that had fallen prey to piracy, saying there should be “no doubt on the importance of enhancing cooperation” among States to curb such acts. Resolution 1816 (2008) and subsequent resolutions provided a strong legal foundation for States to meet that objective. Piracy in Somalia was due to political conflict, lawlessness and poor law enforcement. The international community must translate words into deeds on the ground, with greater immediate support to AMISOM and the political process, as well as international military resources over the long term. The Council must pay more attention to those issues, including at its ministerial meeting later in the month. He said his support for the resolution was based on the understanding that its provisions would not affect the rights, obligations and responsibilities of Member States under the United Nations Convention on the Law of the Sea and should not be considered as establishing customary international law.
Vitaly Churkin ( Russian Federation) also expressed concern over the increasing sophistication and strength of the pirates. The Russian Federation was involved in international anti-piracy efforts that had already rebuffed several attacks, and it was considering sending more naval forces to add strength to the international fleet. The United Nations, States, regional organizations and the IMO played an important role in curbing piracy and warding off future attacks. That required proper coordination, he said, noting that the resolution adopted today was a step forward. Combating piracy required greater focus and the appropriate jurisdiction for bringing the culprits to justice. However, a long-term solution to the Somali problem would only be possible through a comprehensive political settlement in that country, aided by the United Nations and the African Union.
In a similar vein, Aldo Mantovani ( Italy) said that, in adopting the resolution, the Council had made the fight against piracy stronger, more coordinated and more effective. It also had provided for clear guidelines to Member States already involved in the anti-piracy effort such as States members of the North Atlantic Treaty Organization (NATO). Piracy off the coast of Somalia resulted from Somalia’s dire humanitarian and political crisis during the last nine years, he said, stressing that it was incumbent upon the Council to bring peace and stability to that country. He also expressed hope that the Council’s ministerial meeting in mid-December would provide an opportunity to change gears, with the aim of truly helping the Somali people who had suffered for more than 15 years.
The meeting began at 11:25 a.m. and ended at 11:40 a.m.
Council Resolution
The full text of resolution 1846 (2008) reads, as follows:
“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 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 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,
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