S/RES/1976 addresses the issues of Somali piracy that took place in the coastal region of the country earlier in the year. The largest portion of the document is dedicated to the call for establishment of domestic law that address piracy and armed robbery at sea. The overall resolution aims at addressing the lack of law enforcement capability from the countries in the region while seeking for help from the broader international community. All in all, the resolution has an strong tone but still put forward constraints to the possible actions that can be taken by the enforcers of the law enforcement actions.
Preamble
The resolution recalls its previous resolutions as they relate to Somalia, while expressing concern with the growing threat that piracy and armed robbery at sea against vessels pose to the security situation in the area. It also express a strong condemnation of the practice of hostage-taking that has been taking place with the pirates off the coast of Somalia. It also emphasizes that a comprehensive solution for the problem of piracy in necessary in the region and for that they believe that a sustainable economic growth would serve as to tackle the underlying causes of piracy. The preamble also reaffirms the organization’s respect for the sovereignty, territorial integrity, independence and unity of the country.
In addition to criminal activities the resolution also shows concern with illegal fishing and illegal dumping of toxic substances that have taken place in the region. The document utilizes the UN Convention on the Law of the Sea as the legal framework applicable to combating the situation of piracy and armed robbery. It also points out that the provisions of the resolution do not affect the rights and obligations of States under international law and only apply to the situation in Somalia and also calls upon the States to take part in the fight against piracy. Still in the preamble the document points out that there a need to enhance ongoing work to address the problems of limited capacity of the judicial system in Somalia.
The resolution still notes with appreciation the assistance being provided by international organizations to enhance the capacity of the judicial and corrections systems in the countries of the region. It further commends the States that altered their domestic law to criminalize piracy and facilitate the prosecution of the suspect pirates, while noting with concern the countries that are yet to do so. There is also the expression of concern with the large number of suspected pirates that have been released without facing justice and for that it calls for steps to boost anti-piracy efforts. The preamble still expresses gratitude for the work of a UN Special Adviser and determines that the incidents of piracy and armed robbery exacerbate the continued threat to international peace and security.
Operative Clauses
The resolution welcomes the report of the Special Adviser on the issues related to piracy in Somalia and recognizes the ongoing instability in the country is one of the underlying causes of the problem of piracy. It also stresses the need for a comprehensive response to tackle piracy and calls upon States to cooperate on the issue of hostage-taking. The clauses also request regional authorities in establishing a system of governance, rule of law and police control in the lawless areas. It requests States and regional organizations to support sustainable economic growth in Somalia and also to continue their support and assistance in its efforts to develop national fisheries and port activities.
The document further calls for the Secretary-General to report within six months on the protection of Somali natural resources and waters related to piracy. It urges States to consider investigating allegations of illegal fishing and illegal dumping of toxic substances and calls upon States to cooperate in the fight against piracy off the coast. The resolution encourages States and related organizations to assist Somalia in strengthening its coastguard capacity to help deal with pirates, as well as provide all necessary technical and financial support to deal with the situation. While also inviting States to examine their domestic frameworks for detention at sea of suspect pirates. It further commends the efforts and the critical importance of the shipping industry in addressing the situation in Somalia.
The resolution also urges all States to criminalize piracy under their domestic laws and recognizes that it is a crime subject to universal jurisdiction. It underlines the need to investigate and persecute those who finance, plan, organize or profit from pirate attacks. The document also invites States and regional organizations to assist Somalia and other States of the region to strengthening their counter-piracy law enforcement capabilities. It also underlines the importance of the collection and the sharing of evidence and information for piracy, armed robbery and law enforcement purposes. It also requests that States facilitate the transfer of suspected pirates for trial and imprisonment and as well as welcomes the readiness of Somalian authorities to cooperate with other States to pursue prosecution of suspected pirates.
The resolution urges States to consolidate international assistance to increase prison capacity as it relates to piracy and it requests as well the authorities to elaborate and adopt a complete set of counter-piracy laws and emphasizes the need to effective cooperation in those efforts. It calls as well for support of the ongoing efforts to develop anti-piracy courts in the region and to consider the establishment of specialized Somali courts to try suspected pirates. The resolution also urges State and non-State actors affected by piracy to provide support for the judicial and detention related projects. The resolution rounds up by deciding to remain seized of the matter.
No comments:
Post a Comment