United Nations Security Council Resolution 2039 – Peace consolidation in West Africa

Resolution 2039 (2012)

The Security Council,

Recalling its statement of 30 August 2011 and its resolution 2018 (2011) of 31 October 2011, on piracy and armed robbery at sea in the Gulf of Guinea,

Expressing its deep concern about the threat that piracy and armed robbery at sea in the Gulf of Guinea pose to international navigation, security and the economic development of states in the region,

Recognizing that piracy and armed robbery at sea in the Gulf of Guinea affect littoral countries, including their hinterland areas and landlocked countries in the region,

Expressing its concern over the threat that piracy and armed robbery at sea pose to the safety of seafarers and other persons, including through their being taken as hostages, and deeply concerned by the violence employed by pirates and persons involved in piracy and armed robbery at sea in the Gulf of Guinea,

Affirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and 105, sets out the legal framework applicable to countering piracy and armed robbery at sea, as well as other ocean activities,

Affirming its respect for the sovereignty and territorial integrity of the States of the Gulf of Guinea and their neighbours,

Further affirming that the provisions of this resolution apply only with respect to the situation in the Gulf of Guinea,

Recognizing the urgent need to devise and adopt effective and practical measures to counter piracy and armed robbery at sea in the Gulf of Guinea,

Emphasizing the importance of building on existing national, regional and extraregional initiatives to enhance maritime safety and security in the Gulf of Guinea,

Welcoming the initiatives already taken by States in the region and regional organizations, including the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Gulf of Guinea Commission (GGC) and the Maritime Organization for West and Central Africa (MOWCA), to enhance maritime safety and security in the Gulf of Guinea,

Noting the ECCAS comprehensive joint maritime security architecture to counter piracy in the Central African subregion, including the strategy adopted by the ECCAS Peace and Security Council in February 2008, the establishment of the Regional Centre for Maritime Security in Central Africa (CRESMAC) in Pointe-Noire, Congo, as well as the multinational coordination centres in the region,

Further noting the preparatory steps taken by ECOWAS towards developing a maritime security approach through an Integrated Maritime Security Strategy and an Integrated Maritime Plan,

Noting the importance of adopting a comprehensive approach led by the countries of the region to counter the threat of piracy and armed robbery at sea in the Gulf of Guinea and their underlying causes,

Also noting the need for international assistance as part of a comprehensive strategy to support national and regional efforts to assist States in the region with their efforts to address piracy and armed robbery at sea in the Gulf of Guinea,

Stressing that the coordination of efforts at the regional level is necessary for the development of a comprehensive strategy to counter the threat of piracy and armed robbery at sea in the Gulf of Guinea, in order to enable the prevention and interdiction of such criminal activities and to ensure that persons engaging in piracy and armed robbery at sea are prosecuted and punished if convicted, with due regard for internationally recognized rules and principles of international law,

Reiterating that States in the region have a leadership role to play in countering the threat and addressing the underlying causes of piracy and armed robbery at sea in the Gulf of Guinea, in close cooperation with organizations in the region, and their partners,

Welcoming the contributions by Member States and international organizations in support of ongoing national and regional efforts to secure Gulf of Guinea coastal areas and conduct naval operations, including the joint patrols carried out by the Federal Republic of Nigeria and the Republic of Benin off the coast of Benin, and also welcoming further contributions, upon request,

Expressing its concern about the serious threats to international peace and stability in different regions of the world, in particular in West Africa and the Sahel Region, posed by transnational organized crime, including illicit weapons and drug trafficking, piracy and armed robbery at sea,

Affirming its full commitment to promoting the maintenance of peace and stability in the Gulf of Guinea region,

1. Welcomes the report of the Secretary-General’s assessment mission on piracy in the Gulf of Guinea, which was dispatched to the region from 7 to 24 November 2011;

2. Encourages national authorities, as well as regional and international partners to consider implementing the recommendations of the assessment mission, as appropriate;

3. Stresses the primary responsibility of the States of the Gulf of Guinea to counter piracy and armed robbery at sea in the Gulf of Guinea and in this context urges them through ECCAS, ECOWAS and the GGC to work towards the convening of the planned joint Summit of Gulf of Guinea States to develop a regional anti-piracy strategy, in cooperation with the African Union;

4. Requests the Secretary-General through the United Nations Office of West Africa (UNOWA) and the United Nations Office of Central Africa (UNOCA) to support States and subregional organizations in convening the joint Summit, as referenced in resolution 2018 (2011), to the extent feasible;

5. Urges States of the region of the Gulf of Guinea to take prompt action, at national and regional levels with the support of the international community where able, and by mutual agreement, to develop and implement national maritime security strategies, including for the establishment of a legal framework for the prevention, and repression of piracy and armed robbery at sea and as well as prosecution of persons engaging in those crimes, and punishment of those convicted of those crimes and encourages regional cooperation in this regard;

6. Encourages Benin and Nigeria to extend their joint patrols beyond March 2012, while the countries of the Gulf of Guinea continue to work towards building their capacities to independently secure their coastlines and also encourages international partners to consider providing support, as needed, in that regard and to the extent feasible;

7. Encourages the States of the Gulf of Guinea, ECOWAS, ECCAS and GGC, to develop and implement transnational and transregional maritime security coordination centres covering the whole region of the Gulf of Guinea, building on existing initiatives, such as those under the auspices of the International Maritime Organization (IMO);

8. Encourages international partners to provide support to regional States and organizations for the enhancement of their capabilities to counter piracy and armed robbery at sea in the Gulf of Guinea, including their capacity to conduct regional patrols, to establish and maintain joint coordination centres and joint information-sharing centres, and for the effective implementation of the regional strategy, once adopted;

9. Requests the Secretary-General to support efforts towards mobilizing resources following the creation of the regional strategy to assist in building national and regional capacities in close consultation with States and regional and extra regional organizations;

10. Further requests the Secretary-General to keep the Security Council regularly informed through UNOWA and UNOCA, on the situation of piracy and armed robbery at sea in the Gulf of Guinea, including on progress made regarding the joint Summit as well as by ECOWAS, ECCAS and the GGC to develop a comprehensive strategy to counter piracy and armed robbery at sea;

11. Decides to remain seized of the matter.

Adopted by the Security Council at its 6727th meeting, on 29 February 2012.