LETTER DATED 4 DECEMBER 2020 FROM THE PRESIDENT OF THE SECURITY COUNCIL ADDRESSED TO THE SECRETARY-GENERAL AND THE PERMANENT REPRESENTATIVES OF THE MEMBERS OF THE SECURITY COUNCIL
.: General
4 December 2020
Resolution 2554 (2020)
Adopted by the Security Council on 4 December 2020
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), and 2500 (2019), 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/2020/1072), as requested by
resolution 2500 (2019), 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 2020 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,
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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
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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 pi racy
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,
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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,
1. (...) Welcomes the UNODC Global Maritime Crime Programme’s continued
work with authorities in Somalia and in neighbouring States to ensure that individuals
suspected of piracy are prosecuted and those convicted are imprisoned in a manner
consistent with applicable international law, including international human rights law,
and welcomes the work of international and regional organizations to strengthen the
capacity of financial intelligence units in Somalia and neighbouring states;
23. Recognizes the successful prosecution of piracy cases by Seychelles and
implores regional authorities to honour transfer agreements;
24. Urges States parties to The Convention and the 1988 Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA
Convention) and its protocols to implement fully their relevant obligations under
these conventions and customary international law and to cooperate with the UNODC,
IMO, and other States and international organizations to build judicial capacity for
the successful prosecution of persons suspected of piracy and armed robbery at sea
off the coast of Somalia;
25.

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