UN Security Council Resolution 1838

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UN Security
Council Resolution 1838
Date: October 7, 2008
Meeting: 5987
Identifier: S / RES / 1838 ( document )
Poll: Pro: 15  Ent. : 0  Cons: 0
Object: Situation in Somalia
Result: Accepted
Composition of the Security Council 2008:
Permanent members:

China People's RepublicPeople's Republic of China CHN FRA GBR RUS USAFranceFrance  United KingdomUnited Kingdom  RussiaRussia  United StatesUnited States 

Non-permanent members:
Burkina FasoBurkina Faso BFA BEL CRI HRV IDNBelgiumBelgium  Costa RicaCosta Rica  CroatiaCroatia  IndonesiaIndonesia 
ItalyItaly ITA LBY PAN ZAF VNMPolitical system of the Libyan Arab JamahiriyaPolitical system of the Libyan Arab Jamahiriya  PanamaPanama  South AfricaSouth Africa  VietnamVietnam 

The Resolution 1838 of the UN Security Council is the UN Security Council unanimously adopted on 7 October 2008 resolution on piracy off the Somali coast . The resolution was tabled by Belgium, Croatia, Denmark, France, Greece, Italy, Japan, Canada, Lithuania, Malaysia, the Netherlands, Norway, Panama, Portugal, Singapore, Spain, South Korea, the United Kingdom and the United States.

With the resolution, the Security Council built on its resolutions 1814 (2008) and 1816 (2008) . While resolution 1814 (2008) pursues the intention of the body to replace the African Union Mission in Somalia (AMISOM) with a mission of the United Nations , resolution 1816 called on the international community to combat piracy off the coasts of Somalia in the Horn of Africa .

With its decision, the committee confirmed that the fight against piracy is in accordance with the provisions of the Convention on the Law of the Sea , and welcomed the efforts made by individual states and the European Union to protect the transport of relief goods as part of the World Food Program (WFP) by dispatching ships to the East African coast. It underlined that around three and a half million Somalis are dependent on such aid deliveries and that cargo ship owners only allow the Somali coast to call if the consignment is escorted by warships.

The Security Council affirmed the sovereignty , territorial integrity, political independence and unity of Somalia and noted that the President of Somalia has expressed the desire of the Somali interim government to deal with piracy and armed robbery off the coast within the provisions of Section 7 of Resolution 1816 (2008) Fight Somalia. He also recalled that the parties that signed the Djibouti Peace and Reconciliation Agreement had requested the deployment of an international stabilization force.

Stressing that peace and stability, the strengthening of state institutions, economic and social development and respect for human rights and law and order are necessary in order to permanently eradicate piracy off the coast, the council also noted that the incidents before along the Somali coast and on the high seas not only worsen the situation in Somalia, but also pose a threat to international peace and security in the region.

Under Chapter VII of the Charter of the United Nations , the Security Council called on all states interested in the safety of shipping to participate in the fight against piracy by stationing warships and military aircraft, while observing the provisions of the Convention on the Law of the Sea. He called on states that are in a position to cooperate with the transitional government in Somalia in the fight against piracy under Resolution 1816 (2008) and under Resolution 1814 (2008) deliveries of the World Food Program (WFP ) to protect.

Mainly due to reservations by Indonesia , the resolution stipulates that the resolution explicitly refers to the situation in Somalia and is not to be understood as a precedent for the establishment of special international law.

As is customary with such resolutions, the Security Council also decided to remain actively involved in the matter.

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