UN Optimistic for Progress in Somalia – Looks to Increase Its Engagement

Later next week, the UN Security Council will resume its discussion on Somalia. Among the main issues will be the future of AMISON as well as the embargo on arms and Somali charcoal. Before the Security Council is also the Secretary General Report S/2013/69 pursuant to Resolution 2067 (2012) containing the Secretary General’s options and recommendations on the UN presence in Somalia. The Report considers several possible structural configurations for a future UN presence in Somalia further to the end of the political transition period and the development of the democratization process, including the setting up of a peacekeeping, peace-support or a peacebuilding institution, either in coordination or jointly with the existing Africa Union presence. While the possible establishment of a peacekeeping operation in the near future remains under review, the Secretary General currently favors an assistance mission located directly in Somalia that would integrate the functions of the UN Political Office for Somalia and the UN Support Office for AMISOM (UNSOA) but keep the UN humanitarian country team separate:

United Nations assistance mission. Under this option, a new United Nations mission would deliver political and peacebuilding support with a presence across Somalia. In terms of logistics support to AMISOM, a dedicated Deputy Special Representative of the Secretary-General for Mission Support would report directly to the Department of Field Support in New York on delivery of the AMISOM support package, in order to ensure efficient delivery to AMISOM. At the same time, she or he would report to the Special Representative of the Secretary-General on United Nations mission support issues and policy and political questions arising from the functions of UNSOA relevant to the mandate of the United Nations assistance mission. The United Nations country team would remain structurally separate, but would participate in enhanced mechanisms for strategic integration and operational collaboration, supported by an expanded office of the Resident Coordinator/Humanitarian Coordinator. The scope for full structural integration would be reviewed annually, on the basis of progress in the political, security and humanitarian situation. Criteria for this review would be developed by the Somalia Integrated Task Force. This option enhances the strategic integration of United Nations functions while preserving distinct reporting lines for different United Nations mandates at the current sensitive stage of operations. This option is recommended; (para. 75(c))

There are reasons to believe that the Security Council will endorse the Secretary General’s recommendations and the deployment of the new mission will commence soon. The fight against piracy remains one of the main area of focus. Resolution 2077 (2012) renewed the current anti-piracy operations for another 12 months. Worthy of note is also the Secretary General support for the creation of a maritime component for AMISOM to consolidate control over southern and central Somalia and contribute to the training and mentoring of the Somali coast guard and maritime police (para. 82). Undoubtedly, the current drop in piracy attacks in the region is among the major successes of the international community involvement in Somalia so far. In this regard, it is essential that the current piracy deterrence and prosecution efforts are further developed as a starting point to enhance Somalia’s overall security and justice sectors:

The improved security situation in Somalia should help in the fight against piracy by denying the perpetrators safe havens both on land and along the coast. I encourage the new Government to develop a comprehensive national maritime economic and security strategy and a supporting legal framework, including declaring Somalia’s exclusive economic zone, working closely with all stakeholders. The resources that the maritime environment brings would contribute to financing the changes that are necessary for Somalia to recover from the last two decades of conflict. In this regard and as part of the wider security sector support, assistance should also be mobilized and delivered to the justice and corrections services. I have emphasized that the international community must address the root causes of piracy — instability, lawlessness and a lack of effective governance in Somalia — and therefore continue to intensify its engagement to link the counter-piracy approach with development and State-building goals (see S/2012/783). (Para. 88)

Upcoming Event: “Counter Piracy – Rules for the Use of Force” Conference in London, UK

The international conference “Counter Piracy – Rules for the Use of Force” will take place in London, UK on 8 February 2013. The event aims to bring together various stakeholders in the anti-piracy field, including maritime lawyers, flag States, ship-owners and shipping  associations, insurance companies and P&I Clubs as well as maritime security companies and other interested parties. The main topic of discussion will be the legal framework relevant to the use of force by privately contracted security personnel in the maritime industry, particularly the status of the so called “100 Series Rules”.

The 100 Series Rules, developed by David Hammond, aim to be an international model standard and example benchmark of best practice for the use of force in the maritime and anti-piracy field for application by privately contracted armed security personnel and private maritime security companies. Further details about the 100 Series Rules can be found at www.100seriesrules.com.

The Report of the International Piracy Ransoms Task Force is Available

The International Piracy  Ransoms Task Force, established at the London Conference on Somalia, issued its final Report on December 2012. The objective of the Task Force, composed of representatives of 14 States, was “to develop a greater understanding of the payment of ransoms in cases of piracy, in order to put forward policy recommendations to the international community as to how to avoid, reduce or prevent the payment of ransoms. The ultimate goal of this effort is to reach a point where pirates are no longer able to profit from ransom payments and thus abandon the practice of kidnapping for ransom.”

The conclusions and recommendations of the Task Force, included in the Report, build upon the following main options to reduce and avoid the risk of ransom payments to pirates:

  • strengthen the co-ordination between Flag States, the private sector and military responders to prepare for potential hostage situations, in order to shorten the decision-making process during the narrow window of opportunity for intervention after a piracy incident;
  • develop a new strategic partnership between Flag States, the private sector and law enforcement agencies that brings together those tackling piracy and those subjected to it in a united effort to break the piracy business model. In particular, this partnership should develop a more co-ordinated approach to information-sharing which would greatly enhance the quality and quantity of information exchange both to reduce ransom payments and to provide evidence to pursue and prosecute all involved in piracy, from those directly attacking ships to the kingpins who direct this organised crime;
  • encourage the implementation of anti-piracy measures, including still greater compliance with industry Best Management Practice, under the leadership of flag states and supported by the private sector, including insurance companies, in whose interests it is to mitigate risks.

Among the main practical recommendations put forward in the Report are the consolidation of various regional information-sharing frameworks to achieve a “one stop shop” mechanism for the diffusion of relevant information in the immediate post-hijack phase; the conduct of ransom negotiations with the knowledge of relevant national and international authorities in order to foster mutual assistance between these and the private sector; and the development of a mechanism maximising the evidence-gathering process immediately after the release of the vessel or its crew for subsequent prosecutions.

In line with the Task Force’s objective, the 15 page-long Report focuses mainly on the establishment of broad policies to improve communication and coordination to prevent hostage and ransom situations in the future. Several of these policies have been already under discussion for long time and by a number of institutions involved in the fight against piracy. Hopefully, the issuing of the Report will provide for a swift implementation of these policies. Regrettably, the Report does not contain an analysis and more practical recommendations directly relevant to actual hostage-taking, vessels’ hijacks and, more particularly, ransom situations. Given the wealth of knowledge and the technical resources available to the Task Force and its member states, as well as other participants from the private sector, it would have been preferable to expand on the Task Force’s mandate to immediately initiate an information sharing and lesson-learned process relevant to these aspects of piracy ransoms.

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.

Update: Mekong Pirates Sentenced to Death

Further to his earlier conviction for the murder of 13 chinese sailors on the Mekong River last year, notorious former druglord Naw Kham has been sentenced to death today by the Intermediate People’s Court of Kunming, in China’s Yunnan province. We blogged on the Mekong River murders here. The incident was one of the deadliest assaults on Chinese nationals overseas and prompted unprecedented joint boat patrols along the river.

Naw Kham Upon His Transfer from Laos to China for Trial in May this Year – Asian Correspondent

Three of Naw Kham’s gang members were also sentenced to death, another received a  suspended death sentence while one was sentenced to eight years in prison, respectively. They had all pleaded guilty on a 3-day long trial in September this year. We previously blogged about the Mekong Trial here. The defendants were also ordered  to pay compensations to the victims families. They all said they will appeal the verdict.