Ahead of Security Council Debate, Secretary General Outlines Anti-Piracy Progress

As anticipated by Roger, on 19 November 2012 the UN Security Council is scheduled to hold an open debate on piracy as a threat to international peace and security. The meeting is called under the auspices of India’s current presidency. Earlier this month, the Council already approved the extension of the UN-AU joint military mission in Somalia (AMISOM) until March 2013, in another effort to provide continuity in security and governance to the current state authorities. Yet, the Council failed to reach an agreement on the funding of a maritime component for AMISOM. The Council also received the latest 3-montlhy report of the Sanctions Committee for Somalia. The briefing included an update on requests received by the Committee for exemptions to the on-going arms embargo on Somalia. It appears that calls by the African Union for a partial lifting of the arms embargo to strengthen Somalia’s poorly equipped military were so far unsuccessful.

Nigerian Troops Attached to AMISOM on Patrol in Mogadishu – Press TV

The upcoming debate will review the most recent UN Secretary General efforts to combat piracy in the Gulf of Aden region, contained in his latest report on this matter. The report covers the most important activities relevant to the fight against piracy launched by or in cooperation with the UN following the Council’s Resolution 2020 last year. These include the progress in prosecution, detention and transfer of convicted pirates, the activity of the main UN bodies and of the Contact Group on Piracy Off the Coast of Somalia, naval patrolling and anti-piracy capacity building in the region as well as a number of international conferences. Throughout the year, we have covered these issues here, here and here.

Interestingly, the report takes quite a direct stance on the impact of illegal fishing and illegal dumping toward piracy:

64.  Some observers continue to argue that illegal dumping of toxic waste and illegal fishing off the coast of Somalia is one of the factors responsible for forcing Somali youths to resort to piracy and attack foreign vessels because such activities deprive them from engaging in gainful employment opportunities. However, the United Nations has received little evidence to date to justify such claims. Most pirate attacks have been carried out against large merchant vessels several hundred nautical miles off the coast of Somalia.

65.  As for the dumping of toxic waste on land and at sea, while this may have occurred a few years ago in the waters off the coast of Somalia, there is no evidence of such activities currently. Concerns about the protection of the marine environment and resources should not be allowed to mask the true nature of piracy off the coast of Somalia, which is a transnational criminal enterprise driven primarily by the opportunity for financial gain.

The possibility for a specialized judicial structure solely devoted to investigate and prosecute piracy cases is also still gaining some momentum. The report refers to the initiative by Qatar for the establishment of a “special court for piracy” in the Gulf State (para. 42). As a first step, a delegation from UNODC and the Contact Group on Piracy off the Coast of Somalia visited Qatar last September for detailed discussions with the Qatari authorities. Additional initiatives pertain to a possible direct involvement of the UN in anti-piracy policing activities. The Asian Shipowners’ Forum called for the establishment of a multinational anti-piracy military task force under the auspices of the UN that could be deployed, a sort of UN Peacekeeping Vessel Protection Detachment on board of merchant ships (para. 43). These developments are not ripe for further exploration in the Secretary General report, but they raise fascinating preliminary legal issues. For instance, on the jurisdiction of special criminal fora, rule of law enforcement and the immunity of peacekeepers in connection with the prevention and punishment of universal jurisdiction crimes, that are worth considering for discussion in the near future.

Unused Pirate Skiffs in the Somali Town of Hobyo – AP

The most updated figures show a significant drop of both attempted and successful piracy attacks in the Gulf of Aden and the larger Indian Ocean area, speaking volume of the regional, international, government-lead as well as the private industry’s efforts in combating piracy. With the end of the monsoon season and the possible risk of disengagement by the international community as Somalia continues its current path of democratization, the jury is still out on how effective these efforts have been and what, if any, the pirates’ next move will be. These concerns are addressed in the report, which also recalls the need to add focus on land-based solutions to piracy:

74.  The recent gains made by the international community in its collective fight against piracy off the coast of Somalia are encouraging. However, although there are signs of progress, they can be easily reversed. Until the root causes of piracy, namely, instability, lawlessness and a lack of effective governance in Somalia, are addressed, counter-piracy efforts must not be minimized. In particular, ongoing efforts to build the rule of law and livelihood opportunities ashore should be intensified.

75.  A significant gap still exists in land-based programmes in Somalia to address piracy. This is primarily owing to the lack of security on the ground and lack of sufficient funding to support capacity-building and alternative livelihoods. An ever greater emphasis must now be placed on providing focused assistance to States in the region and to authorities in Somalia to build their capacity to deal with the institutional and operational challenges to governance, the rule of law, maritime law enforcement and security, and economic growth. In addition, counter-piracy actions should run alongside a concerted effort to rebuild the civil structures and institutions of Somalia in close cooperation with the Somali authorities and civil society.

76.  The successful end of the political transition in Somalia should act as a catalyst to address the root causes of piracy. I encourage the new Government to develop a comprehensive national counter-piracy strategy, working closely with the regional administrations and neighbouring States. This should include efforts to facilitate the development of skills necessary to earn sustainable incomes in such sectors as agriculture, livestock, fisheries and industry. I also call upon the Somali authorities to adopt appropriate counter-piracy legislation without further delay to ensure the effective prosecution of individuals suspected of piracy and to facilitate the transfer of prosecuted individuals elsewhere to Somalia. The new Government should proclaim an exclusive economic zone off the Somali coast in accordance with the 1982 United Nations Convention on the Law of the Sea.

77.  Although pirates’ proceeds decreased significantly in 2012 owing to a lower number of executed attacks, militias and parallel illicit activities sponsored by pirate money will continue to pose a threat to the stability and security of Somalia. It is imperative that pressure on Somali pirates and their business model be maintained.

The current lull in piracy activity in Somalia is, however, matched by a growing rise of violent robbery-style pirate attacks in West Africa’s Gulf of Guinea, often connected with other illicit activities of a transmaritime and transnational nature. The Security Council already held an open debate on piracy in West Africa in October 2011. For the first time, the upcoming debate within the Security Council will provide the opportunity for a joint and integrated discussion on piracy in both East and West Africa. Hopefully, it will also be capable to provide for an opportunity to confront these differing realities, identify their root causes and peculiarities and, most importantly, share the relevant lessons learned on the ground so far. We will closely follow the debate and report on its achievements, or failures, as soon as possible.

Piracy Takes Center Stage at UN Security Council

Indian ambassador to the UN Hardeep Singh Puri, who assumed the month-long presidency of the UN Security Council, interacts with the media after convening an emergency meeting on Syria, in New York. Source: PTI Photo

As noted by Christine, India has assumed the month-long presidency of the UN Security Council and has brought piracy to the center of the debate. As the Security Council Report points out this is the first time that piracy has been addressed as a thematic issue as opposed to in a state or regional discussion.

Key Issues

A key issue for the Council is how to strengthen the international response to piracy as a global threat to international peace and security.

Another issue is what lessons can be learned from the experiences gained so far at the regional level that may be applied universally.  These experiences cover areas such as effective coordination and cooperation mechanisms, preventive measures taken by the shipping industry (which include the use of privately contracted armed security personnel on ships), strengthening legal frameworks to ensure accountability for acts of piracy, capacity-building for states in the affected regions and addressing the root causes of piracy. A related issue is the difference across regions in the way pirates operate and the capacity of regional states to take effective action.

There also seems to be growing recognition of the human cost of piracy as an issue deserving more attention, including how to ensure assistance to hostages and their families.

Options

The main option for the Council is to adopt a presidential statement that would call for strengthened international action against piracy based on some of the experiences already gained and mechanisms in place. Such a statement could also ask the Secretary-General for a report on piracy at the global level and recommendations for further action.

The framework adopted by the Security Council could form the basis for the further solidification of customary international law. While the Security Council has issued numerous resolutions regarding piracy off the coast of Somalia, it has been careful to disclaim any opinio juris in creating precedents that might contradict UNCLOS. A further strengthening of the UNCLOS framework, in addition to an elucidation of areas of ambiguity in the treaty would be welcome in light of continued acts of piracy off the coast of Somalia, in the Gulf of Guinea, in the Malacca Straight, and, potentially, in new areas where conditions are ripe for such criminality.

Weekly Piracy Review: Expanded Territory

Map of attempted (yellow) and successful (red) attacks in 2012

Recent trends indicate that piracy around Somalia and in the Gulf of Aiden is becoming less prevalent. Through September of this year Somali pirates have reportedly carried out 70 attacks, down from 199 in the same period of 2011. These attacks are becoming less successful as well – in 2011 about one in three attempted raids were successful, while now the figure is closer to about one in 20. Armed guards onboard ships, the presence of patrolling warships in the region, and onboard security measures such as barbed wire are among the efforts credited with this decrease in piracy. However, agencies such as the International Maritime Bureau continue to warn against complacency, pointing out that Somali pirates alone still hold 11 ships and 167 crew members hostage. More than 20 of those hostages have been under the control of their captors for over 30 months. The IMB also reports that it calculates the global cost of piracy was $12 billion in 2010, which is a clear indication that continued efforts to impede the ability of these criminals in carrying out acts of piracy is essential moving forward.

Along with this decrease in pirate activity off of East Africa, there is a growing threat in West Africa around the Gulf of Guinea. As the international community has put an increased effort into protecting merchant ships in other hot-spots, the threat of maritime piracy is spreading farther and affecting areas previously thought to be fairly safe. Specifically, reported attacks have more than doubled off of West Africa so far this year from those reported in 2011. Oil production is growing in countries such as Nigeria, and as a result shipping traffic is increasing, creating a new “market” for those seeking to hijack boats and seize cargo for profit. Since August at least three large tankers have been attacked, and about 10,000 tons of oil have been robbed from those ships. Up until recently it was considered relatively safe for large ships to anchor for days at a time and carry out ship-to-ship transfers near Ivory Coast, but recent attacks there indicate that the reach of maritime piracy is spreading quickly.Though prior attacks have often focused on holding a ship and its crew hostage for ransom, these goal in these recent incidents appears to be the appropriation of oil to be sold on the black market. The more widespread area in which attacks have occurred, and the fact that many have taken place much further out to sea than in the past, shows that these are sophisticated pirates with access to larger ships, greater resources, and information on ship movement.

Over the weekend the Nigerian Navy and the Nigerian Maritime Administration and Safety Agency (NIMASA) met to strengthen efforts under a memorandum signed a few years ago outlining the need for counter-piracy measures. The meeting was prompted after a presidential directive to end illegal activities (specifically maritime piracy and sea robbery) in Nigeria was handed down. The hope is to more effectively police the waters around Nigeria through increased cooperation and resource-sharing between the two agencies.

On Monday senior officials from the US, India, and Japan met for the third time to formally discuss strategies for combating piracy and bolstering maritime security. The three agreed to increase efforts in combating piracy through greater cooperation.

India took over the rotating Presidency of the United Nation Security Council (UNSC) this week. Hardeep Singh Puri, India’s Representative to the UNSC, has already indicated that India will use its post to seek a “comprehensive anti-piracy strategy to tackle the maritime menace.” Maritime piracy clearly presents a significant challenge to the international community and its effects are felt especially strongly in India and the surrounding region, so Puri intends to cultivate debate on the topic of how the UNSC will address piracy as an international crime.

Weekly Piracy Review

Somalis on Trial for Piracy in Rotterdam

Kenya’s Court of Appeals overturned a 2010 ruling (as we have noted here and here), which had mandated that Kenyan courts only try cases in which the offense occurred within its territorial waters. This impaired Kenya’s ability to assist in the international effort to punish those carrying out acts of piracy on the high seas. Judge David Maraga read the opinion of the court concluding that “piracy has negative effects on the country’s economy and any state, even if not directly affected by piracy must try and punish the offenders.” Though it appears some piracy prosecutions were continuing in Kenya despite the 2010 ruling, the international community will be relieved to know that the law in Kenya is now settled and that no obstacles remain to such prosecutions.

Dutch court convicted nine Somali pirates to four-and-a-half years imprisonment. These individuals were arrested on-board an Iranian fishing boat they had taken in April. Though they were convicted of piracy, the men were acquitted on charges of attempted murder, as it could not be determined which of the men actually fired at the Dutch marines who arrested them.

Last Friday the Greek-owned carrier ship, the MV Free Goddess, was finally released by the Somali pirates who held it since Feb. 7, 2012. All 21 members of the crew who were on board at the time the ship was attacked over eight months ago were also released and appear to be well. The pirates responsible initially sought a $9 million ransom, yet they finally settled for $2.3 million last week-though the figure has also been reported as $5.7 million. This figure was stated by a Somali pirate and has not been confirmed by the company owning the ship, Free Bulkers SA. The ransom was air-dropped onto the Free Goddess, which then headed toward Oman to refuel, get fresh water and change out the crew members. During the time the ship was held hostage it was apparently being held at Gara’ad, a haven in Puntland, Somalia often used by pirates in the area.

Suspected Nigerian pirates boarded a Panamax tanker in the Gulf of Guinea off the Ivory Coast during the night on Saturday, October 6. Fourteen pirates, armed with knives and AK-47s hijacked the ship and re-directed it to Nigerian waters. They held the ship for three days while siphoning off oil, and then released the ship as well as all crew members on October 9. This attack was particularly alarming as it is the first of its’ kind to be reported in these waters, and shows that the Nigerian pirates are becoming both more sophisticated and bold. The attack occurred further west and away from Nigerian waters than any other reported attack, in an area which until now was believed to be safe for anchoring and performing fairly time-consuming operations. These Nigerian pirates took advantage of the fact that this particular ship was only midway through a ship-to-ship operation at the time of the attack. Tanker operators may now have to reassess their practice of carrying out these operations in the waters of the Ivory Coast.

Weekly Piracy Review: Renewed Attacks

As monsoon season is coming to a close, it appears this week that pirates are returning to the waters of the Indian Ocean. On Wednesday night the ITS San Guisto, the flagship vessel of the EU Naval Forces, captured seven suspected pirates who were spotted on a small boat in the sea off the coast of Somalia. While in the area as part of a counter-piracy mission, the crew of the San Guisto noticed that the small boat was carrying a ladder and many oil drums [which were found to be full of oil and water, allowing the boat to stay in open water longer]. It is atypical for small boats to carry such large ladders; this indicated that the boat was at sea with the intent of hijacking a merchant vessel. The commander of the forces on the warship noted that this was the first sighting of a pirate vessel in these waters for more than three months.

On Thursday another seven suspected pirates were apprehended in the Arabian Sea off the coast of Somalia. After ambushing the Spanish ship Izurdia off the Horn of Africa, the skiff carrying the pirates was intercepted and boarded by a helicopter team deployed from the Dutch amphibious transport the HMS Rotterdam. The Rotterdam has patrolled the waters around the Gulf of Aden since July in an effort to ward off piracy as part of NATO’s campaign to thwart the problem in the region. As of this posting there are very few details regarding the attack carried out on the Spanish ship.

Last Friday twelve armed pirates boarded a German-owned tanker off the coast of West Africa, removing the ship’s stores of oil to their barge. These suspected pirates then held the crew for one day while they raided the ship. Before disembarking, the pirates locked all crew members in the master’s cabin. Some of the crew members did sustain minor injuries during the ordeal, but it appears that there were no hostages or casualties.

According to the ICC‘s International Maritime Bureau, so far in October there have been six reported pirate attacks or attempted attacks on merchant vessels.  These attacks have occurred off the coasts of Egypt, Somalia, Togo, the Ivory Coast, Bangladesh, and Indonesia. Though maritime piracy has experienced a lull in recent months, authorities continue to urge those operating vessels in the waters of the Indian Ocean to remain vigilant against renewed attacks. At this time it appears that pirates hold eleven vessels and about 188 hostages from those vessels.