United Nations Security Council Resolution 2608 – The situation in Somalia

Resolution 2608 (2021)

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015 (2011), 2020 (2011), 2077 (2012), 2125 (2013), 2184 (2014), 2246 (2015), 2316 (2016), 2383 (2017), 2442 (2018), 2500 (2019), and 2554 (2020), as well as the Statements of its President (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of 19 November 2012,

Welcoming the report of the Secretary-General (S/2021/920), as requested by resolution 2554 (2020), on the implementation of that resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia,

Reaffirming its respect for the sovereignty, territorial integrity, political independence, and unity of Somalia, including Somalia’s sovereign rights in accordance with international law, with respect to offshore natural resources, including fisheries,

Welcoming that there were no successful piracy attacks off the coast of Somalia in the prior 12 months, and noting that joint counter-piracy efforts have resulted in a steady decline in pirate attacks as well as in hijackings since 2011, with no successful ship hijackings for ransom reported off the coast of Somalia since March 2017 however, recognizing the ongoing threat that resurgent piracy and armed robbery at sea poses, noting the letter of 2 December 2021 from the Permanent Representative of the Permanent Mission of Somalia to the United Nations requesting international assistance to counter piracy off its coast, and recalling reports of the Secretary General and communiqués of the Contact Group on Piracy off the Coast of Somalia (CGPCS), which continue to illustrate that piracy off the coast of Somalia has been repressed but not eradicated, and commending countries and organizations that have deployed naval counter-piracy missions in the region to suppress piracy and protect ships transiting through the waters off the coast of Somalia and the region,

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 within which all activities in the oceans and seas must be carried out, including countering piracy and armed robbery at sea,

Recognizing the need and commending the efforts of States, including in particular States in the region, to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy including those who plan, organize, facilitate or illicitly finance or profit from such attacks, and reiterating its concern over persons suspected of piracy having been released without facing justice, or released prematurely, reaffirming that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts,

Welcoming the work of the CGPCS and the Law Enforcement Task Force (LETF) to facilitate the prosecution of suspected pirates and facilitators, and international efforts to coordinate the work of investigators and prosecutors, inter alia, through the LETF and collect and share information to disrupt the pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy, further commending the Padang Communique and Maritime Cooperation Declaration adopted by the Indian Ocean Rim Association (IORA), and the operationalization of the Regional Maritime Information Fusion Center (RMIFC) in Madagascar and emphasizing the need for States and international organizations to further enhance international efforts in this regard,

Welcoming efforts by the CGPCS, the United Nations Office on Drugs and Crime (UNODC), the United Nations Development Programme (UNDP), the Maritime Security Coordination Committee (MSCC), the financing mechanism provided by the Trust Fund to Support Initiatives of States Combating Piracy off the Coast of Somalia (the Trust Fund), and donors to strengthen regional judicial and law enforcement capacity to investigate, arrest, and prosecute suspected pirates as well as those associated with facilitating piracy and to incarcerate those convicted consistent with applicable international human rights law, noting with appreciation the assistance and capacity-building provided by UNODC Global Maritime Crime Programme, the Trust Fund, the International Maritime Organization (IMO), the funded Djibouti Code of Conduct, and the European Union Capacity Building Mission in Somalia (EUCAP Somalia), and recognizing the need for all engaged international and regional organizations to coordinate and cooperate fully,

Commending the efforts of the European Union Naval Forces (EUNAVFOR) Operation ATALANTA and EUCAP Somalia, Combined Maritime Forces’ Combined Task Force 151 (CMF), the counter piracy activities of the African Union onshore in Somalia and other States acting in a national capacity in cooperation with Somali authorities to suppress piracy and to protect ships transiting through the waters off the coast of Somalia, and welcoming the Shared Awareness and Deconfliction Initiative (SHADE), and the efforts of individual countries, including China, India, Japan, the Republic of Korea, and the Russian Federation, which have deployed naval counter-piracy missions in the region,

Commending the efforts of the CGPCS and Kenya, which assumed the Chair of the CGPCS for the period 2020 to 2022, and despite their work being severely restrained due to the COVID-19 pandemic welcoming their efforts to convene a successful virtual Friends of the CGPCS Chair meeting, with participants from over 50 countries as well as regional and international organizations, to update on maritime threats and activities off the coast of Somalia and finalise the Terms of Reference for the Strategic Planning Steering Group that will develop a strategic plan on future priorities of the CGPCS, and explore the possibility of establishing a financial mechanism to replace the Trust Fund in consultation with FGS and in line with its policies,

Underlining the importance of cooperation between the Federal Government of Somalia and the Federal Member States in the development of a coast guard in Somalia, noting with appreciation the efforts made by the IMO and the shipping industry to develop and update guidance, best management practices, recommendations to assist ships to prevent and suppress piracy attacks off the coast of Somalia, and publishing the fifth version of the Best Management Practices to deter Piracy and Enhance Maritime Security in the Red Sea, Gulf of Aden, Indian Ocean and the Arabian Sea (BMP5),

Reaffirming international condemnation of acts of kidnapping and hostage-taking, including offences contained within the International Convention against the Taking of Hostages, and expressing serious concern at the inhumane conditions hostages face in captivity, and noting the importance of cooperation between Member States on the issue of hostage-taking and the prosecution of suspected pirates for taking hostages,

Welcoming the readiness of the Federal Government of Somalia and Federal Member States to cooperate with each other and with States who have prosecuted suspected pirates with a view to enabling convicted pirates to be repatriated back to Somalia under suitable prisoner transfer arrangements, consistent with applicable international law, including international human rights law, to serve the full terms of their sentences, but expresses serious concern regarding the premature release of any convicted prisoners returned from Seychelles to Somalia and reiterates that sentences served must be those passed by the courts of the prosecuting states and that any proposal to vary the sentences must be in conformity with agreements with Seychelles on the transfer of sentenced persons and consistent with applicable international law, including international human rights law,

Expressing serious concern over reports of illegal, unreported and unregulated fishing (IUU) in Somalia’s Exclusive Economic Zone (EEZ), recognizing that IUU fishing can contribute to destabilization among coastal communities, and noting the complex relationship between IUU fishing and piracy, welcoming Somalia’s accession to the Food and Agriculture Organization (FAO)’s Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, and the ongoing efforts of the Federal Government of Somalia towards the development of a legal regime for the distribution and enforcement of fishing licences,

Welcoming the release of the three Iranian seafarers from the FV Siraj as a result of the efforts of the Islamic Republic of Iran and the Hostage Support Partnership who were held as hostages inside Somalia in appalling conditions, and appreciating the work of the International Seafarers Welfare and Assistance Network (ISWAN), the Maritime Piracy Response Programme (MPHRP), and the CGPCS Piracy Survivors Family Fund (PSFF) in providing support to victims of piracy and their families, and recognizing the need to continue supporting these initiatives and contributions to funds,

Emphasizing that peace and stability within Somalia, the strengthening of State institutions, economic and social development, and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Somalia, and further emphasizing that Somalia’s long-term security rests with the effective development by Somali authorities of the Somali Coast Guard and Maritime Police Units, Somali National Army, and Somali Police Force,

Determining that the incidents of piracy and armed robbery at sea off the coast of Somalia, as well as the activity of pirate groups in Somalia, are an important factor exacerbating the situation in Somalia, which continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

Adopted by the Security Council at its 8917th meeting, on 3 December 2021.