Political solution for piracy in Somalia

Tabled by Reinhard Buetikofer, Franziska Brantner and Raül Romeva
on behalf of the Greens/EFA Group in the EP

The European Parliament,

– having regard to its previous resolutions on Somalia and NAVFOR

– having regard to Rule 122 of its Rules of Procedure,

1. Whereas the instability of Somalia, which has been a failing state for next to 20 years, has increased, creating a deep humanitarian and security crises,

2. Whereas Somalia has had no functioning government since the overthrow of the Said Barre regime in 1991 and being destabilized since and marked by anarchy, inter-clan fighting, Islamic extremism, organized crime and banditry,

3. Whereas the civil war has provoked loss of lives of numerous civilians and the safety of the population is a matter of grave concern,

4. Whereas widespread human rights abuses and violations of international humanitarian law by all parties in the conflict in Somalia, specifically torture and other ill-treatment, rape, extrajudicial executions, arbitrary detention and attacks on civilians, journalists and human rights defenders and civilian infrastructure continue to occur in Somalia,

5. Whereas the situation in Somalia is further complicated by acts of piracy and armed robbery against ships including attacks on ships transporting humanitarian aid,

6. Whereas fishing vessels from many countries have taken advantage of the chaos in Somalia to fish in the Somali 200 nautical mile zone since 1990; undermining the livelihood of Somali fishermen;

7. Whereas piracy on the high seas represents a growing threat to human life and safety and to the supply of humanitarian aid, particularly in the seas off Somalia and the other countries of the Horn of Africa;

8. Whereas on 8 December 2008, the EU launched its maritime operation EU NAVFOR Somalia (Operation Atalanta), aimed at protecting maritime convoys of the WFP and other merchant ships sailing through the waters off Somalia,
9. Whereas, according to a report by the United Nations Environment Programme (UNEP), a vast number of illegal shipments of toxic waste, the contents of which are leaking, have been deposited along the coast of Somalia, in total disregard for the health of the local population and conservation of the environment,

10. Whereas, according to the same report, the waste dumped at sea partly originated from the European Union, and that waste is irreversibly damaging human health and the environment in the region, in flagrant violation of human rights,

1. Calls on all Somali factions to end violence, fully respect human rights and individual freedom, commit themselves firmly to peace and to a genuine process of national reconciliation by establishing constructive political dialogue among them;
2. Strongly condemns any act of piracy or armed robbery,
3. Considers that the marine hijackings of recent years depend on sophisticated international organisations; rejects efforts to place the blame on Somali fishermen who are themselves victims of the lack of Somali government and fisheries management for almost 20 years;
4. Notes with concern that EU fishing vessels are now carrying either soldiers or private security forces and warns against a possible escalation of the conflict;
5. Strongly recommends the EU to support the new Transitional Federal Government (TFG) of Somalia and respective local authorities in improving basic infrastructure and resuming economic activities with regard, in particular, to fishery activities, marine resource conservation and waste management, in order to create employment particularly for young people;
6. Considers that the involvement of Somali women's organisations as well as civil society can play a positive role in the national reconciliation process;
7. Reminds that the international community and all parties to the present conflict have a responsibility to protect civilians;
8. Calls on the AU and EU to examine ways and means on how to assist the Somalis to achieve peace and national reconciliation and to put an end to a situation which causes much distress and suffering among the civilian population;
9. Calls on EU flag states, the Commission and the relevant Regional Fisheries Management Organisations to prevent the displacement of fishing vessels from the Indian Ocean to other oceans that could lead to excess fishing capacity and over-fishing.
10. Calls on the Transitional Federal Parliament and the new TFG, in collaboration with the UN and the African Union, to treat piracy and armed robbery committed from the Somali coast against vessels carrying humanitarian aid as criminal acts, the perpetrators of which must be brought to justice under existing international law;
11. Takes note, in this regard, of the agreements signed with Kenya and with the Seychelles Republic on the conditions and arrangements governing the transfer from EU NAVFOR of persons suspected of acts of piracy or armed robbery, and their treatment after transfer and calls on the Council to ensure that human rights and the rule of law are fully respected;
12. Calls into doubt that the TFG has sufficient legitimacy to be granted the support of an EU training mission aimed at boosting the TFG's military capabilities; further calls into doubt the efficacy of a few thousand extra soldiers to have a significant impact on sustainable state building; is concerned about the possibility that the professionally trained and equipped Somali security forces might change sides and join a warlord's militia;
13. Expresses its reservations over the Crisis Management Concept (CMC) adopted by the EU Defence ministers on 17 November 2009 on a possible ESDP training mission in Uganda for 2000 Somali security forces and urges the Council to present a credible political strategy for Somalia, which realistically reflects the state-building prospects for Somalia and outlines an EU contribution that provides real added value to the existing African Union mission (AMISOM) and the efforts of other actors;
14. Calls on the international community, and the EU in particular, to increase the provision of humanitarian assistance to internally displaced persons and the population in need;
15. Calls on the United Nations and the European Commission to fully investigate toxic waste dumping and illegal fishing along the Somali coast, to establish responsibilities at all levels, to support the efforts to bring to justice those responsible for these crimes and to ensure that environmental contamination is comprehensively dealt with;
16. Instructs its President to forward this resolution to the Council and the Commission and to the TFG and the African Union.