United Nations Security Council resolution 1851 (16 December 2008) encouraged ‘all States and regional organizations fighting piracy and armed robbery at sea off the coast of Somalia to establish an international cooperation mechanism to act as a common point of contact between and among states, regional and international organizations on all aspects of combating piracy and armed robbery at sea off Somalia’s coast’ . Subsequently, the Contact Group on Piracy off the Coast of Somalia (CGPCS) was created in New York on 14 January 2009 by representatives from 23 countries. In addition, five international organizations participated in the first meeting. Since then, CGPCS meetings have been attended by representatives from at least 60 countries and observers from a large number of international and regional organizations, navies, industry and seafarer organizations and other non-state groups. A new website was launched in September 2011 to provide information about the work of the CGPCS to the general public and to enable members of CGPCS to share information and ideas on a restricted members section. CGPCS Plenary meeting communiques can be downloaded from the website here .
Rule of law
Both Working Group 2 and Working Group 5 deal with the legal issues that surround maritime piracy. Working Group 2 (WG2) of the CGPCS has been tasked with ‘providing specific, practical and legally sound guidance to the CGPCS, States and organizations on all legal aspects of counter-piracy;’ while Working Group 5 was established in 2011 to support information flow to enable successful prosecution of financiers and ringleaders. WG2 has focused on encouraging apprehension, prosecution, and imprisonment of pirates within national legal systems and has developed a 'legal toolbox' to support states and organizations and strengthen their capacity to combat piracy at armed robbery at sea. Several possible judicial mechanisms considered by WG2 and the CGPCS are described in the UN Secretary-General's report on possible options to further the aim of prosecuting suspects of piracy and/or armed robbery at sea from July 2010. Ambassador Jack Lang was appointed by the UN Secretary General to investigate and provide a recommendation on which of these options provides the most viable way ahead. This resulted in the so-called ‘Jack Lang Report’ from January 2011 and further elaborated on in a report by the UN Secretary-General from June 2011 on the modalities for the establishment of specialized Somali anti-piracy courts. In January 2012, the chairman of WG2 was consulted for the ‘Report of the Secretary-General on specialized anti-piracy courts in Somalia and other States in the region’ . At the 13th Plenary meeting, which took place in December 2012, the CGPCS welcomed the progress being made in piracy prosecutions, supported the continued implementation of the UNODC Piracy Prisoner Transfer Programme (PPTP), and encouraged the Somali authorities to pass a complete set of counter-piracy legislation without delay. The CGPCS also welcomed a new publicly assessable database, the United Nations Interregional Crime and Justice Research (UNICRI) Database on Court Decisions and Related Matters concerning piracy on the global level; the CGPCS encourages states to contribute to this database.
Naval Operations
Working Group 1 (WG1) of the CGPCS has been tasked with promoting military and operational coordination between the navies involved in counter-piracy operations off the coast of Somalia with particular focus on the Gulf of Aden and the Internationally Recognized Transit Corridor (IRTC) and in the Somali Basin. Through WG1, CGPCS has established an interactive partnership with the co-chairs of the Shared Awareness and Deconfliction (SHADE) mechanism to enable both a fuller understanding of the operational situation and the international community to respond to the concerns of military commanders. Members of WG1 have agreed on a number of concrete steps that could be taken to mitigate threats such as extending the use of industry Best Management Practices , increasing the use of military Vessel Protection Detachments for vulnerable shipping, increasing the number of military assets available for the operations, and possibly increasing land-basing options in the region to support the ongoing counter-piracy operations.
Vessel self-protection
Working Group 3 (WG3), tasked with addressing ways to strengthen shipping self-protection capabilities, has worked closely with the shipping industry and seafarer groups to complete and promote counter-piracy measures such as the Best Management Practices (BMP). Work is underway to develop audio-visual counter-piracy training presentation materials for mariners by industry. WG3 has also developed a draft framework for flag states to implement best practices to avoid, evade, and defend against acts of piracy.
Relieving the plight of seafarers
Counter-piracy messaging
Working Group 4 (WG4) of the CGPCS has been tasked with improving diplomatic and public information efforts on all aspects of piracy and using messaging and outreach strategies to raise awareness of the dangers of piracy and inform the public in the area and abroad of the dangers posed by piracy. WG4 oversaw the implementation by UNPOS of a project aimed at “Utilizing Media to Prevent and Combat Piracy” funded by the International Trust Fund , which also funded another 18-month counter-piracy messaging project in Somalia implemented by UNPOS. WG4 is working on developing counter-piracy messaging guidelines and has proposed that it work with each of the CGPCS Working Groups to coordinate the messaging regarding the achievements and challenges pertaining to their areas of concern. In October 2012 Copenhagen hosted an event focused on counter-piracy messaging that was attended by representatives of the Somali diaspora, including community youth-leaders. The CGPCS has noted the need for greater engagement with the Somali government as a way to advance counter-piracy messaging.
Regional response
“Regional Counter-Piracy Capability Development Needs Assessment and Prioritisation Mission to East Africa and the Gulf of Aden 7-13 September 2009” was endorsed by CGPCS in January 2010 as the basis for future work to address counter-piracy capability needs in the region. The needs assessment report recommended that (1) implementation of the Djibouti Code of Conduct should underpin all regional counter-piracy activity; (2) any activity, particularly in Somali, support the political process; (3) solutions should be comprehensive and include penal/judicial legislation, prosecution, media and communications, community involvement and alternative livelihoods as well as kinetic counter-piracy capabilities; and (4) national/sub-national training requirements should be matched with regional and international training opportunities. The Capacity Building Coordination Group (CBCG), with support from WG1, has developed a needs assessment matrix to maximize transparency among participants of regional capacity-building activities and ensure an up-to-date picture of regional capability development. Furthermore, the CGPCS has established the International Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia (The International Trust Fund) to support activities related to implementing the objectives of the CGPCS. The International Trust Fund has so far supported projects related to prosecution and detention in Kenya, Seychelles and Somalia as well as a public awareness promotion campaign in Somalia.
Somali engagement
CGPCS has expressed ‘strong support for the Roadmap agreed by the TFG and the regional administrations of Somalia in September 2011, and the need for its early and full implementation, including the urgent establishment of an EEZ, consistent with international law, an agreed maritime security strategy, a coordinated maritime law enforcement capability, and the enactment of antipiracy legislation.’ It has also praised the work of the International Contact Group on Somalia and ‘reiterated the need for UNPOS and the CGPCS to keep each other updated on current and planned activity in implementing the Roadmap for Somalia in full and on time’. Representatives from the TFG and regional authorities in Somalia have made presentations to the CGPCS and its Working Groups. On 13 November 2012, the Somali Parliament endorsed its commitment to combat piracy and called on Somali authorities to develop a maritime security strategy that will facilitate cooperation with the international community, as well as disrupt and counter pirate activity.
Coordination
Working Group 1 tasked with promoting military and operational coordination between navies, information sharing, and regional capacity building; Working Group 2 on legal issues tasked with providing specific, practical and legally sound guidance to the CGPCS, States and organizations on all legal aspects of counter-piracy ; Working Group 3 tasked with discussing ways to enhance shipping self-protection measures; Working Group 4 tasked with issues related to public diplomacy and public information campaigns related to counter-piracy; and Working Group 5 tasked with coordinating efforts to counter illicit funding and financial flows related to piracy. Furthermore, the International Trust Fund was established by the CGPCS to support initiatives related to the prosecution and detention of suspected pirates as well as other activities such as legal capacity-building. To facilitate information sharing between CGPCS participants and partner, a matrix mechanism has been developed under Working Group 1 to map and coordinate capacity-building efforts in the region, identify needs, and link donors to specific projects.
Printer-friendly version