Peace and Security

EXPLANATION OF THE VOTE
BY H.E. MR.HASAN KLEIB
DEPUTY PERMANENT REPRESENTATIVE OF INDONESIA
ON SECURITY COUNCIL RESOLUTION
ON PIRACY IN WATERS OFF THE COAST OF SOMALIA

NEW YORK, 2 JUNE 2008

Mr. President,

1. Having a long-standing history of cooperation with the friendly country of Somalia, Indonesia always joins others in assisting Somalia in meeting major challenges that have inflicted its stability and security for almost 17 years. My delegation, therefore, would like to reiterate that Indonesia fully supports the request of Somalia – as reflected in the letter of the TFG to the President of the Council, for international community assistance in its efforts to address acts of piracy and armed robbery against ships off the coast of Somalia.

2. In attempting to formulate a positive response to Somali’s request - in the form of the draft resolution that the Council is about to take decision - Indonesia is guided by proposition that any draft should be formulated consistent with two fundamental principles:

• First, the draft resolution shall be consistent with international law, particularly UN Convention on the Law of the Sea (UNCLOS) of 1982, and shall not envisage any modification of the existing carefully balanced international law of the sea which is encapsulated in the Constitution of the ocean, the UNCLOS 1982, which was brought into being after decades of negotiation. It shall also not become a basis of customary international law for the repression of piracy and armed robbery at sea. Actions envisaged in the resolution shall only apply to the territorial waters of Somalia, and based upon her prior consent; and

• Second, the draft resolution must address solely the specific situation of piracy and armed robbery off the coast of Somalia, as requested by the Somali government.

Mr. President,

3. Like Somalia and most members of the United Nations, Indonesia is a faithful Party to the UNCLOS 1982. Consequently, we have legal obligation to preserve the rights, obligations and responsibility of member States derived from it as those were carefully negotiated in order to ensure, in a balance manner, the interest of coastal and user states. There is a burden of responsibility rests upon all of us to maintain its integrity and sanctity. Thus it is our duty to voice strong reservations if there are actions envisaged by the Council or any other forum that could lead to modify, rewrite or redefine the UNCLOS 1982.

4. Ample safeguard therefore needs to be imbedded, ensured and maintained. We are pleased that this is materialized in the formulation of OP-9 which states, inter alia, that “..the authorization provided in this resolution ….shall not affect the rights or obligations or responsibilities of member states under international law, including any rights or obligations under the Convention, ….and…. it shall not be considered as establishing customary international law, …”. The Constitution of the ocean which provides guiding principles for all activities pertaining to the use of the sea and ocean affairs, including international cooperation for the repression of piracy and armed robbery against vessels is therefore not modified, rewrote or redefined. It is in the interests of all that any acts against illegal or criminal acts shall not be done through violation of existing laws and norms.

Mr. President,

5. We are mindful of the specific situation of Somalia. The continued political instability which has constantly faced their country has led to the inability of its law enforcement to maintain stability and security. This situation occurs not only on its mainland but also extends to the waters off the coast of Somalia. Thus, we understand that the unique situation of Somalia requires an exceptional measure by the international community to deal with the problem of piracy and armed robbery against vessels. And in this regard, the request and consent from the Somali government serves as the legal basis for the Council to formulate appropriate responses within the parameter of international law, in particular the UNCLOS 1982.

6. While we are mindful that piracy and armed robbery at sea would affect the safety of international navigation, we constantly are of the view that the Council needs to exercise caution in trying to address such acts in other parts of the globe. We are pleased in this context that such caution is exercised in OP-14 which states:

“Requests the Secretary-General of the IMO to brief the Council on the basis of cases brought to his attention by the agreement of all affected coastal states and duly taking into account the existing bilateral and regional cooperative arrangement, on the situation with respect to piracy and armed robbery:

7. This caution undoubtedly, once again, reflects the unwavering commitment of the Council to uphold the international law in spirit and letter. Nothing more. Nothing less. Indonesia strongly believes that the principles of respect for sovereignty and territorial integrity as enshrined in the Charter have to be espoused by the Council, at all times. We view that in exercising its mandate in the maintenance of international peace and security, it is possible, and it can certainly be done without having to challenge the integrity of international law. These two objectives are mutually reinforcing, and not exclusive. The stability and predictability of international system, that we all treasure, are ensured as long as these two objectives continue to serve in guiding our work.

8. Today, the Council will shortly confirm that this is the case.

Mr. President

9. As it stands now, we view that the current text has accommodated those two fundamental principles as my delegation stated earlier. Those are about consistency with UNCLOS and the specific situation of piracy and armed robbery off the coast of Somalia. After all, this text first and foremost is about Somalia. It is about how the Council together with the international community can assist Somalia to fight this crime. This text will ensure that Somalia will be the beneficiary of our common efforts.

10. Before concluding my remark, we wish to express our gratitude for the understanding shown by all Members of the Council. The spirit of cooperation and resourcefulness exercised by the co-sponsors, has led us to this consensual text that caters the needs and legitimate interests of all Members of the Council. For those pertinent reasons, my delegation is now ready to support it.

Thank you, Mr. President.