United Nations Security Council Resolution 2634 – Peace and security in Africa (Maritime security in the Gulf of Guinea)

Resolution 2634 (2022)

The Security Council,

Recalling its previous resolutions 2018 (2011) and 2039 (2012), and its presidential statement S/PRST/2016/4, on piracy and armed robbery at sea in the Gulf of Guinea, as well as its presidential statement S/PRST/2021/15 on maritime security,

Expressing its deep concern about the grave and persistent threat that piracy, armed robbery and transnational organized crime at sea in the Gulf of Guinea pose to international navigation, security, and sustainable development of States in the region, including the effect on littoral countries, their hinterland areas and landlocked countries,

Reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982, 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, and the provisions of this resolution apply only with respect to the situation in the Gulf of Guinea,

Recalling the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, the 1988 Protocol of the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, and their 2005 Protocols, which broadly establish the framework for collaboration between States Parties,

Affirming its respect for the sovereignty and territorial integrity of the States of the Gulf of Guinea and their neighbours, and reiterating that States in the region have a leadership role to play in countering the threat and meaningfully addressing the underlying causes of piracy and armed robbery at sea in the Gulf of Guinea, in close cooperation with the African Union (AU), the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Gulf of Guinea Commission (GGC), other organizations in the region, and their partners,

Emphasizing that regional peace and stability, the strengthening of democracy, State institutions, national capacity-building, addressing underlying causes of piracy and armed robbery at sea, sustainable development, including opportunities for women and youth, respect for human rights, and the rule of law and good governance, are all critical for long-term peace and stability and to create the conditions for a durable eradication of piracy and armed robbery at sea in the Gulf of Guinea, especially following the multifaceted repercussions of the COVID-19 pandemic,

Expressing its concern over the threat that piracy and armed robbery at sea pose to the safety of seafarers, including through their being taken as hostages, as well as over the violence employed by pirates and persons involved in piracy and armed robbery at sea in the Gulf of Guinea, and over the adverse humanitarian impact on the seafarers and their family members,

Further expressing its concern about the destabilizing and negative impact on West and Central Africa and neighbouring States of transnational organized crime, oil and cargo theft, illicit trafficking and diversion of arms, drug trafficking, human trafficking, illegal trade and smuggling, illegal, unreported and unregulated fishing, and piracy and armed robbery at sea, and noting the complex relationship between these issues,

Condemning that pirate networks continue to rely on kidnapping and hostage-taking, in the context of weak national capacities, to help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the safety and security of seafarers and restricting the flow of commerce,

Expressing serious concern over the cost of piracy to States in the region through economic impacts on trade, investments, development, and growth, noting the study supported by the United Nations Office on Drugs and Crime (UNODC) on “Pirates of the Gulf of Guinea, a cost analysis for the coastal states” and its findings of significant direct, indirect and opportunity costs to the region, encouraging the region, with the support of partners, to address these findings, their underlying causes, and to strengthen the measures to counter piracy, and in this regard welcoming the interest given to this issue by the Peacebuilding Commission (PBC),

Taking into account relevant regional arrangements, such as the African Charter on Maritime Security, Safety and Development in Africa, the Africa Maritime Transport Charter and the Convention for Cooperation in the Protection, Management and Development of the Marine and Coastal Environment of the Atlantic Coast of the West, Central and Southern African region,

Welcoming the initiatives already taken by regional organizations, including ECCAS, ECOWAS and GGC, to enhance maritime safety and security in the Gulf of Guinea, in particular the Code of Conduct Concerning the Prevention and Repression of Piracy, Armed Robbery Against Ships, and Illegal Maritime Activities in West and Central Africa (‘Yaoundé Code of Conduct’) and its operational framework, the Interregional Coordination Centre (ICC), the Abidjan Interregional Maritime Security Institute, the Regional Maritime Safety and Security Centres, and the creation of zonal centres under the auspices of the Multinational Maritime Coordination Centres,

Further welcoming existing national initiatives by States in the region to counter piracy and armed robbery at sea in the Gulf of Guinea, including existing and new National Integrated Maritime Strategies and Nigeria’s Integrated National Security and Waterways Protection Infrastructure (Deep Blue Project), as well as recent piracy convictions and legislation passed aimed at the suppression of piracy and other maritime offences,

Recognizing the contributions by Member States and international organizations in support of ongoing efforts by countries in the region and regional organizations to counter piracy and armed robbery at sea in the Gulf of Guinea, including through the recently established Gulf of Guinea Maritime Collaboration Forum and its Shared Awareness and Deconfliction (SHADE), the G7++ Friends of the Gulf of Guinea, the European Union Coordinated Maritime Presences in the Gulf of Guinea, the Zone of Peace and Cooperation of the South Atlantic, and the recently established Atlantic Center in the Azores, and welcoming further support and contributions, with a focus on training, joint exercises at sea, operational coordination and capacity-building,

Emphasizing the importance of building further on existing national, regional, and international initiatives to ensure comprehensive, effective, and practical measures to enhance maritime safety and security in the Gulf of Guinea, and in this regard noting the need for international assistance to support national and regional efforts,

Recalling that the signatories to the Yaoundé Code of Conduct have expressed their commitment to arrest, investigate and prosecute persons who have committed acts of piracy, as well as seizing pirate ships, and rescuing ships, persons and property subject to piracy, and encouraging the full and effective implementation of the Code of Conduct with a view to eradicating illegal activities off the coast of West and Central Africa,

Underlining the importance of determining the existence of any possible or potential links between piracy and armed robbery at sea and terrorist groups in West and Central Africa and the Sahel region,

1. Strongly condemns piracy and armed robbery at sea, including acts of murder, kidnapping and hostage-taking, in the Gulf of Guinea;

2. 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 address their underlying causes, in close cooperation with regional and subregional organizations and their international partners;

3. Calls upon Member States in the region to criminalize piracy and armed robbery at sea under their domestic laws, and to investigate, and to prosecute or extradite, in accordance with applicable international law, including international human rights law, perpetrators of piracy and armed robbery at sea, as well as those who incite, finance or intentionally facilitate such crimes, including key figures of criminal networks involved in piracy and armed robbery at sea who plan, organize, facilitate, finance or profit from such attacks;

4. Further calls upon Member States to cooperate, as appropriate, on the issues of piracy and armed robbery, in particular on hostage taking, and to cooperate on the prosecution of suspected pirates while respecting fair trial guarantees, including through drafting of agreements, as needed, for the transfer of arrested piracy suspects between states in and outside the region, consistent with applicable international law;

5. Urges Member States in the region of the Gulf of Guinea to take prompt action, at national and regional levels, with the support of the international community, when requested by the State concerned, and in accordance with international law, to develop and implement national maritime security strategies, including for the establishment of a harmonized legal framework for the prevention and repression of piracy and armed robbery at sea, as well as prosecution of persons engaging in those crimes, and punishment of those convicted of those crimes, and encourages the States of the Gulf of Guinea to structure their operations to address illicit maritime activities and develop their capacities to protect their maritime domains, and to ensure cooperation in this regard;

6. Encourages bilateral and multilateral partners to provide, where possible, adequate legal and operational support, upon request, taking into account national needs, in terms of personnel, funds, technology, training and equipment to States and regional organizations in the Gulf of Guinea, and continue to assist in enhancing their capabilities to cooperate and coordinate their efforts to counter piracy and armed robbery at sea in the region, including with regard to the conduct of patrols, law enforcement at sea, anti-piracy drills, land, maritime and air surveillance, and other operations in accordance with international law;

7. Further encourages regional organizations, including the AU, ECCAS, ECOWAS, GGC, the Maritime Organization for West and Central Africa, the Fisheries Committee for the West Central Gulf of Guinea, as well as the Maritime Domain Awareness for Trade – Gulf of Guinea mechanism, to enhance subregional, regional and international cooperation on maritime safety and security in the Gulf of Guinea and to further operationalize the Yaoundé architecture;

8. Stresses the need for a comprehensive response to prevent and suppress piracy and sustainably tackle its underlying causes by the international community, in collaboration with the States of the Gulf of Guinea, regional organizations and other relevant actors, and encourages Member States to continue to cooperate with the national authorities of the States of the Gulf of Guinea in the fight against piracy and armed robbery at sea, without impeding the exercise of high seas freedoms or other navigational rights and freedoms by ships of any State, consistent with international law, as reflected in UNCLOS;

9. Urges Member States and relevant international organizations to assist States in the region, as well as regional and sub-regional organizations, in ensuring that necessary measures are taken to prevent the revenues generated by piracy and armed robbery at sea from contributing to the financing of terrorism in West and Central Africa and the Sahel;

10. Highlights the importance of enhanced coordination among Member States and international, regional and subregional organizations, such as ECOWAS and ECCAS, in order to deter acts of piracy and armed robbery at sea in the Gulf of Guinea, commends the work of the ICC to facilitate such coordination in cooperation with the UNODC, the International Maritime Organization (IMO), flag states, and the States in the region, and urges the full participation of the coastal States of the Gulf of Guinea in all planning and coordination efforts at regional and international levels, as well as continued support to these efforts;

11. Acknowledges the recommendations and guidance provided by the UNODC, including through its Global Maritime Crime Programme, and IMO on preventing and suppressing piracy and armed robbery at sea, and urges States, in collaboration with the shipping and insurance industries and IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the Gulf of Guinea, as well as to take all relevant investigative measures immediately following an act or an attempted act of piracy or armed robbery at sea;

12. Urges all States to share information with INTERPOL for use in the global piracy database through regional information sharing arrangements, such as the ICC, and other appropriate channels;

13. Calls upon UNODC, in close cooperation with other UN entities and in consultation with IMO, as well as INTERPOL, to continue to provide advice and, subject to the availability of extrabudgetary resources, the delivery of integrated and technical assistance that will improve the capacity of Member States, upon their request, to implement this resolution, including by continuing ongoing support for the drafting of regional handover agreements for apprehended piracy suspects;

14. Encourages the PBC to continue to support, upon request and within its mandate, efforts by States of the Gulf of Guinea and regional and subregional organizations to consolidate peace in and around the Gulf of Guinea;

15. Requests the Secretary-General, through the United Nations Office for West Africa and the Sahel (UNOWAS) and the United Nations Regional Office for Central Africa (UNOCA), consistent with their mandates and with the assistance of relevant UN agencies, as appropriate, to continue to report and to support States and subregional organizations in their efforts to combat piracy and armed robbery at sea in the Gulf of Guinea, including with respect to mobilizing resources following the adoption of the Yaoundé Code of Conduct to assist in building national and regional capacities in close consultation with States and regional and international organizations;

16. Further requests the Secretary-General to report, within five (5) months and on an exceptional basis in advance of the 10-year anniversary of the Yaoundé Code of Conduct, on the situation of piracy and armed robbery at sea in the Gulf of Guinea and its underlying causes, including any possible and potential linkages with terrorism in West and Central Africa and the Sahel, on the United Nations’ support and contributions, and on any recommendations for further supporting and enhancing national efforts and regional and international cooperation towards combatting piracy and armed robbery at sea in the Gulf of Guinea;

17. Decides to remain seized of the matter.

Adopted by the Security Council at its 9050th meeting, on 31 May 2022.