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“I hope that the Council will, if possible, very quickly take into account the various statements that have been made and the conclusions put forward by the Secretary-General and in the report (see S/2011/30) I have submitted and come up with a resolution of historic importance that is firm, clear, determined and useful to the countries of the world, international organizations and the private sector in more robustly tackling piracy. As several representative have said today, I should like to reiterate that not only is it desirable that the Council adopt a clear and firm resolution, but also that the Council - and this is its responsibility, not mine - ensure that the resolution it adopts be swiftly followed up with real, practical action on the ground. It must be clear that the world is ready to act quickly, vigorously and well.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I therefore think that this meeting provides hope and shows that the United Nations and the Security Council in particular are determined to take a new course. I should like to repeat what every speaker has said in their own way: we must not waste time. This race between the whole host of international forces and highly mobile, well equipped and swift pirates is at the moment being won by the pirates. In a civilized world in which national and international law continue to make progress it would be a great flaw in our laws and civilization if we were unable to prevail over this phenomenon that is spreading across the Indian Ocean.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I think we have now come to the end of this debate, and I certainly do not wish to take up more of the Council's time. I would just like to say how much I personally appreciate the positive comments expressed by various speakers today. In that regard, Assistant Secretary-General Mathias comprehensively clarified the legal scope of the proposals put forward today and the way in which they dovetail with the proposals made by the Secretary-General in the Council last August. We should therefore all welcome the fact that this convergence is emerging. I also find it positive that a strong, powerful and determined collective resolve is emerging from the Council, on behalf of the international community, to seek to defeat this dangerous and destructive criminal activity that is disrupting both economic and social activity.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I believe that, if in the course of the next few weeks our Organization and the Security Council were to adopt a clear, robust and resolute resolution that speaks to and is awaited by the entire world, it would serve to encourage initiatives and facilitate the mobilization of the financial resources to which I have just referred. And everyone would feel that that would indeed be a resolute, robust and concrete action by the Council. I apologize for taxing the Council's patience and speaking at some length. I just wanted to share with the Council the beliefs of someone who, thanks to the Council, was able to meet with many leaders. My message to the Council is that it should act quickly and robustly.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I do not want to be overly dramatic, but let us try to look beyond the situation. Despite the significant risk that it currently poses, piracy today is fairly discreet from terrorism. There are some links here and there in Somalia, but they are limited. But if the scope of the phenomenon were to expand and move decisively southward - and, again, I do not wish to be overly dramatic - then we cannot disregard the 5 possibility that it may one day become more closely associated with terrorism. Those are some of the thoughts I wanted to share with the Council. I believe that it is perhaps someone looking in from the outside who can feel sufficiently free to say these things. The Council bears a responsibility to States and to the Organization.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“If we factor into those costs of piracy the additional costs for naval operations and the revenue losses to the countries of the region associated with tourism, blocked ports and impediments to trade, to say nothing of the increase in the cost of transporting raw materials and industrial and other goods, then the total costs are significant indeed - and will inevitably continue to rise in the coming years. The choice therefore seems to be clear. If we leave the situation as it is, with some improvements here and there, we will not manage to resolve it. I could be wrong, but that is my feeling: we will not succeed in eradicating this problem. It will therefore be very expensive for our countries and for international organizations alike. It will also be very expensive in human and political terms.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“In that regard, I asked UNODC to undertake an evaluation - and it is only an evaluation - of what it would cost over three years to set up these new jurisdictional and penitentiary capacities in Puntland and Somaliland. The UNODC'S estimate is that it would cost $25 million. I would like to draw the Council's attention to how that figure - if it turns out to be correct - compares with the cost of piracy today, which is reaching considerable heights. Although estimates vary, for Somalia and the Indian Ocean the cost is between $5 and 7 billion.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Another important issue that is not easy to solve is the training of judges, prosecutors, attorneys and prison guards. Again, though, it seems to me that UNODC and international organizations such as the United Nations and the African Union, which I consulted on several occasions, the European Union and other organizations must contribute to this effort. Those are some of the main points. We cannot look at all of the proposals; to do that would take up far too much of the Council's time and patience. But I would like to conclude with a final point. If the Council decides to promote solutions such as those, it would entail a degree of investment. I know the extent to which we need to be attentive today to not wasting public resources and to being frugal with public funds.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“This agency, which I have consulted on many occasions, has told me that it is possible to build prison capacity in less than a year or faster in order to provide space for prisoners tried both locally and abroad - in Kenya or in other countries. UNODC is proposing a double-control system to ensure that these prisons run smoothly, namely, internal monitoring within the prisons through a standing UNODC office that would train prison guards and help with prison management, as well as external monitoring that would carry out regular checks by a surveillance committee, which UNODC has agreed to set up and assist. Another idea put forward by UNODC is to associate each prison with a farm in order to enable the prison to have a degree of self-sufficiency and to facilitate prisoner training and social reintegration.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“This work, which consists of drafting Somali law, is at an advanced stage and is very important from the jurisdictional standpoint. Furthermore, a parallel idea has been put forward - upon which the Council will have the final word - that the President of Tanzania, with whom I met a few weeks ago, establish a Somali court in Arusha during a transitional period. Following that period of transition, during which we very much hope that peace would be restored in Somalia as soon as possible, the court would be transferred to Mogadishu. The Tanzanian President has told me that he is open to such a proposal. The question of prisons and incarceration also needs to be addressed. Prison capacity needs to be built in Puntland and Somaliland - once again, with the assistance of the United Nations Development Programme and UNODC.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I should like to conclude by referring to the plan for clamping down on acts of piracy on land, which entails a range of measures to be supported by an agency whose specific local effectiveness I have been able to witness for myself, namely, the United Nations 11-21518 Office on Drugs and Crime (UNODC). The staff of the Office do a remarkable job in providing assistance for the construction of prisons, in particular in Mombasa but also in Puntland and Somaliland. The proposal I have made to the Council calls for the establishment of two specialized jurisdictions, one in Puntland and one in Somaliland. The applicable law would be Somali law, reformed under the aegis of UNODC as a part of the Kampala process, in association with the Transitional Federal Government and other entities, such as Puntland and Somaliland.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“With regard to an issue that has often been discussed here in the Security Council and in other bodies, namely, the harm caused by illegal fishing and the discharge of toxic waste off the coast of Somalia, and particularly off of Puntland, I suggest that an independent international committee of experts carry out an objective study of the situation. Other prevention measures are also proposed to prevent pirates from taking to the seas and with regard to monitoring and controlling of the coasts, the setting up of police stations in pirates' villages and the training of coast guard personnel who can monitor from land the departure of suspicious boats. Those are some of prevention measures. I have not mentioned them all; the report before Council members includes additional proposals.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“The proposal with regard to fisheries - which stems from different international experiences, in particular lessons learned off the coast of Guinea - calls for developing fisheries and for fishing agreements to impose a requirement that 30 per cent of fish be processed in Somalia. Along the same lines, it is proposed that Somalia be able to declare the contours of its maritime area with the help of the United Nations. As the Council knows, as of today, nothing has been defined - neither the limits of the territorial waters nor the borders of the exclusive zone, or the borders separating the different countries.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Secondly and in conclusion, with regard to what I would call the "basic pirates", those who actually do the work at sea, the anti-piracy plan that I am proposing to the Council includes both prevention and clamp-down measures. The prevention measures are above all economic in nature. In this area it is very difficult to separate the law from socio-economic reality. It is absolutely crucial that young Somalis be given an alternative to piracy. Support for economic development is possible in very specific areas where a dynamic for development can be put in place right away. I am thinking in particular of the ports of Bosaso in Puntland and Berbera in Somaliland. I am also thinking about animal husbandry and livestock export, as well as of developing telecommunications and, perhaps first and foremost, fisheries.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“These three proposals concern the strengthening of forensic policing capacities, the gathering of elements for investigation and evidence that are often overlooked - such as fingerprints and DNA from the boats that have been released, the registration numbers of engines on motherships, the registration numbers of transferred banknotes, the systematic monitoring of financial flows - and the application of individual sanctions against those who order attacks, whose names are well known. The Security Council knows how to target, reach and attack these criminal leaders. That, in brief, is what I wanted to tell the Council regarding those who lead and are the principal beneficiaries of these criminal enterprises.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Regarding those who give the orders, the Security Council has already considered and spoken on this subject. Thanks to the task conferred upon me, I have been able to meet with representatives of many specialized organizations - Interpol in particular, but others as well - on this matter. My initial conclusion is that everything has not been done to reach the top and to get our hands on the instigators of these crimes. We know the names of some dozen of these masterminds, who receive the increasingly vast ransoms that fuel piracy. Organizations that launder money from piracy have been identified. The report contains three relevant proposals. I will not go into them in detail as I do not want to speak at great length.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I have met the leaders of Puntland, and in particular President Farole, on numerous occasions, and they claim to be determined to fight piracy and have taken initial detention measures, in particular against one commander of the pirates. I received a letter from President Farole yesterday confirming his resolve and commitment. I should just like to add a few comments on the proposals I am submitting to the Council. I wish to assert clearly, simply and directly that there is a need to tackle piracy on the ground with the agreement of the Somalis, or at least certain Somalis. I dare say that we must target both the head - the commanders - and the body - the pirates themselves. The mafia-like gang leaders and the ordinary pirates clearly work hand in hand.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“The fight against piracy must be supported by the populations affected. I would therefore suggest that a genuine plan agreed with Somaliland and Puntland would help us to increase the pace of our fight. The plan would incorporate reciprocal, clearly affirmed and clearly publicized commitments in compensation for real, concrete evidence provided by the local authorities of their actions against pirates. The international community could thereby support the economic, security, legal and detention efforts of the authorities of those two regions. 3 Somaliland has already demonstrated its resolute commitment against piracy.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“That is why I decided to seek other options not to replace but to complement the very important solutions that the members of the Council have supported and encouraged. The consultations I have held pursuant to the task conferred upon me have enabled me to focus on the key idea that only making the legal and detention processes Somali-owned can ensure that prosecution is effective and end, to the extent possible, the impunity enjoyed by pirates. It is well known that Somalia is the main source and Puntland the principal victim of piracy. For moral and religious reasons linked to the devastating consequences - including drugs, prostitution and alcohol consumption - the Somali people themselves are growing increasingly hostile to piracy. They are ready to support efforts on the ground against piracy.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Even if these and other proposals are adopted to improve the outstanding work already carried out by our navies - including those of Kenya, Seychelles and Mauritius, which we congratulate on carrying out a task of great importance to the international community and international law - and even if these proposals enhance current solutions, we will still encounter difficulties in eradicating piracy. It is quite clear and undeniable that nine out of 10 pirates captured by our navies have to be released because there is no effective agreement among most States to prosecute them. Thus, impunity prevails. Nine out of 10 pirates are released because no jurisdiction is prepared to prosecute them.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“For example, the report suggests the incorporation of the crime of piracy into the domestic legislation of all States and the adaptation of maritime detention to operational constraints. Similarly, in order to improve the situation, we suggest facilitating the submission of evidence, for instance by making it easier to give testimony via video teleconferencing. Perhaps the main point is the report's proposal for the 11-21518 removal of a key obstacle hindering States' prosecutorial jurisdiction - that is, the lack of detention facilities in the States of the region. Concrete proposals have been submitted for the Council's consideration in the report. However, I believe that we need to face the truth.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“In brief, the race between the pirates and the international community is progressively being won by the pirates. It is difficult to accept that the international community should be so persistently defied by 1,500 pirates. The status quo is therefore no longer satisfactory. I believe that the extreme gravity of the situation requires emergency remedies. Hence, the plan I am submitting focuses on two ideas and two questions. The first question is: How can we improve the current solutions? The second is: Can we formulate new and ultimately more effective solutions? I shall respond briefly to the first question, which addresses an issue that the Council is well aware of. The report proposes a series of measures to lift the legal obstacles to prosecuting pirates at sea and imprisoning them.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Crews who have been taken hostage are sometimes used as human shields in other attacks. It is a tragic situation for the economies of the region, which have seen loss of revenue, higher prices, lack of security in the delivery of energy supplies, and the penetration of piracy into the economy of local systems. It is a tragic situation for Somalia itself, which has endured difficulties in access to food aid and the breakdown of traditional societies. Ultimately, it has become an increasingly tragic situation for international trade. Some 22,000 ships and 30 per cent of the world's oil transit that area every year, and at the moment we are seeing an astonishing increase in insurance premiums for that area, which has been classified as a war zone.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“Those signs of deterioration have been complemented by intensified violence, the frequent use of weapons, the occasional organization of simulated executions, increasing recourse to private companies, and the use of open force in taking hostages. We have seen some examples of that over the past few days. In addition, people are held longer - an average of 120 11-21518 days and sometimes up to a year. Lastly, we have seen the geographical expansion of attacks to the entire Indian Ocean. Such attacks, long restricted to the north, today reach the southern and eastern Indian Ocean up to 1,500 kilometres off the coast. To some extent - I may exaggerate a little here - the pirates are increasingly becoming the masters of the Indian Ocean. The situation is tragic for the victims, above all. Nearly 2,000 hostages have been taken in two years.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I came from those consultations with a feeling of extreme urgency. The situation is serious. I would even say that it is worsening. Far from slowing down, each day the phenomenon develops significantly. We have seen the industrialization of the phenomenon, an increasing number of pirates, sophisticated operations, the increasing use of mother ships, the latest technology, such as GPS, heavy weaponry, better organization during attacks, seizures and the negotiation of ransoms, and the gradual emergence of a true industry and new professions linked to piracy, including intermediaries, negotiators and interpreters.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“The task very greatly benefited from their support, and we had ongoing and honest exchanges. I would also like to thank Ambassador Augustine Mahiga, Special Representative of the Secretary- General for Somalia, and Ambassador Thomas Winkler, Chairman of the judicial working group of the Contact Group on Somali Piracy. Our cooperation was unwavering, honest, ongoing and enriching. We visited the various countries of the region together. As soon as I was appointed by the Secretary- General on 26 August, I conducted numerous consultations with 50 States, international organizations, private companies and research institutes. I went to most States in the region, in particular Somalia, and to Puntland and Somaliland. I visited prisons and talked with pirates detained not only in Somalia, but also in Mombasa, Kenya.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source
“I have the honour to present to the Security Council the main conclusions of the task entrusted to me by the Secretary-General, in 2 coordination with the Security Council, on legal issues related to piracy. Many observers have welcomed the Secretary-General's initiative to consider in-depth this issue, which has become a priority and of which the Security Council is clearly and resolutely seized. Allow me first to commend the remarkable work carried out by the Secretary-General, in particular in his report (S/20lO/394) on the seven options that the Council reviewed in late August (see S/PV.6374). That report guided my thinking and was an excellent basis for my work. I would also like to thank Mr. Lynn Pascoe, Ms. Patricia O'Brien and their colleagues.”
2011-01-25 · UN Security Council · Security Council, S/PV.6473 (2011) · source