- Mobilization of all affected sectors of the maritime community
- Developing public-private partnerships that promote long-term solutions at sea and ashore
- Global and sustainable deterrence based on the rule of law
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No activity implemented or planned
Activity planned or in development
Activity implemented
| Initiative | Naval Operations | Vessel Self-Protection | Relieving the plight of seafarers | Counter-piracy messaging | Regional response | Somali engagement | Rule of Law | Coordination |
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| African Union (AU) |
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| African Union Mission in Somalia (AMISOM) |
AMISOM’s Vessel Protection Detachment (VPD) has been actively training with the European Union’s Naval Force – Somalia (EU NAVFOR). The EU NAVFOR has been escorting AMISOM and World Food Programme (WFP) vessels bound for Somalia. VDP is a specialized military detachment of AMISOM designed to act as vessel security for AMISOM supply and WFP vessels once the EU NAVFOR and NATO Ocean Shield mandates have expired. VPD will be on a case-by-case basis (Report of the Secretary-General to the UNSC). |
AMISOM will be employing a UN approved Vessel Protection Detachment, whereby EU NAVFOR trained AMISOM detached soldiers will be placed onboard UNSOA chartered vessels. |
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AMISOM is a joint project of the African Union (AU) and the UN. Funding for AMISOM comes from the AU, UN, EU, NATO, and partner nations, including: US, China, Arab League, Japan, Sweden, Italy and the UK. In February 2012, the UN Security Council, ‘requested that AMISOM increase the number of its troops and police officers from 12,000 to a maximum of 17,731’. AMISOM’s troops and police are comprised of Uganda, Burundi, Djibouti forces, with military support from Kenyan and Ethiopian. |
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United Nations Development Programme (UNDP), United Nations Support Office for AMISOM (UNSOA), the Strategic Planning Management Unit (SPMU), and the European Union (EU) have been actively coordinating with AMISOM to provide police, military and civilian support to Somalia. ‘AMISOM Humanitarian Affairs Unit works closely with the UN Office for the Coordination of Humanitarian Activities (OCHA), UNICEF-Somalia, UNHCR-Somalia, WFP and other UN agencies and NGOs to establish coordination mechanisms and the sharing of information. AMISOM also collaborates with the Somali Ministry of Humanitarian Affairs and Resettlement, Ministry of Health and other relevant authorities.’ (AMISOM activities). |
| Contact Group on Piracy off the Coast of Somalia (CGPCS) |
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. |
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. |
Working Group 3 (WG3) plays a role in addressing the plight of seafarers and works with industry and seafarer groups, such as the Maritime Piracy-Humanitarian Response Program (MRHRP) and the Seamen’s Church Institute (SCI), to formulate guidelines for seafarers’ welfare, especially for kidnapped seafarers and their families. CGPSC, through the Trust Fund, has supported the Hostage Support Programme that is being jointly implemented by UNPOS and the UNODC. |
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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. |
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| Declaration Condemning Acts of Violence Against Seafarers (Washington Declaration) |
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The Declaration Condemning Acts of Violence Against Seafarers (“Washington Declaration”) is a declaration of flag states designed to ensure post-pirate attack incident reports are filed with the International Maritime Bureau (IMB). These reports are focused on tracking the level and type of violence pirates’ use against seafarers. The signatories commit to work further ‘with ship owners and seafarers to ascertain the specific information needed to determine the human cost of these attacks’ to the IMB. The collated data will be used to see how hostages are treated and to determine trends in violence used by pirates. |
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Signatories of the Washington Declaration commit to supplying post-incident reports to the IMB after pirate attack or hijacking. |
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| Djibouti Code of Conduct |
Under the Djibouti Code, signatory states agreed to combine maritime security (predominantly regional navies) operations or exchange law enforcement officials to embark in the patrol ships or aircraft of another signatory. The IMO has entered into a partnership with the US AFRICOM in a shared project to link Maritime Situational Awareness (MSA) pictures to both military and civil agencies. This work is proving to be particularly effective and provides a Civil-Military Co-operation (CIMIC) approach to MSA whilst avoiding duplication of effort. There are plans to replicate the partnership for a number of regional States. This CIMIC approach has been implemented in Tanzania and there are plans to expand it to other countries in the region as part of the Protection of Southern Shipping Lanes initiative. The signatory-states have established three maritime information sharing centres: the Maritime Rescue Coordination Center (Mombasa, Kenya); the Sub-Regional Coordination Centre (Dar es Salaam, Tanzania); and a regional maritime information centre (Sana’a, Yemen). The ‘IMO is planning to undertake MSA projects in Kenya, Mozambique, Mauritius, Seychelles, Maldives in 2011 and 2012 and will try to link up with existing MSA projects to avoid duplication and ensure compatibility with civil maritime agencies. Similar work is planned for Djibouti, Yemen and Oman where existing VTS and AIS could be made available to create a Gulf-of Aden regional picture. This work is vital if the small navies and coastguards in the region are to improve their effectiveness. By having a comprehensive ‘picture’ of what is happening in territorial waters and parts of EEZs, maritime forces can be employed to cover the areas of unusual, and unscheduled traffic.’ (IMO November 2011 Djibouti Code of Conduct update) In February 2012, South Africa, Mozambique and Tanzania signed a trilateral agreement, allowing the three countries the right to, among other things, patrol, search, arrest, seize and undertake hot pursuit operations on suspects of maritime offences. |
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Signatory –States to the Djibouti Code of Conduct agree to cooperate in ‘the rescue of ships, persons and property subject to piracy and armed robbery and the facilitation of proper care, treatment and repatriation of seafarers, fishermen, other shipboard personnel and passengers subject to such acts, particularly those who have been subjected to violence’. |
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The IMO strategy is to replicate ReCAAP and MOWCA, which are well-functioning maritime security arrangement. A regional coast guard was seen as a bit ambitious, thus the IMO goal is to develop state coast guards, which form an integrated network in eastern Africa. ‘All signatories also partake in a regular programme of regional training, coordinated through the Djibouti Regional Training Centre, established by IMO's Implementation Unit, including: operational interdiction training in partnership with the North Atlantic Treaty Organization (NATO) Maritime Interdiction Operational Training Centre (NMIOTC), Crete, Greece; law enforcement workshops in partnership with the United Nations Office on Drugs and Crime (UNODC); and classroom training in Djibouti, in partnership with the European Union (EU) MARSIC (Maritime Security and Safety) project.’ The Djibouti Code of Conduct Project Implementation Unit (PIU) delivers and oversees projects to build regional capacity to enable regional countries address these problems. The PIU focuses on four main areas: Information Sharing, Regional Training, Reviewing National Legislation and Maritime Situational Awareness. A regional training center is being built in Djibouti with the foundation stone laid in October 2011 and expected completion in late 2012. |
The declaration of Somalia’s Economic Exclusion Zone (December 2011 status update) marks the first step in bringing Somalia fully back into the international maritime community, and will be the first step towards tackling the root causes of piracy. The strategy calls for Somalia declaring an Exclusive Economic Zone (EEZ). In May 2012, IMO announced a number of strategic partnerships to help Somalia build a sustainable and effective maritime sector and other alternatives to piracy and to strengthen anti-piracy and maritime capacity of States in the Western Indian Ocean and Gulf of Aden area and developing viable and sustainable alternatives to piracy in Somalia. |
Signatories to the Code also undertake to review national legislation to ensure there are laws in place to criminalize piracy and armed robbery against ships. In addition, they are obliged to make provisions for the investigation and prosecution of alleged offenders. The Djibouti Code of Conduct PIU focuses on two aspects of domestic piracy legislation in signatory countries, namely ‘a state’s empowering of its law-enforcement forces to conduct arrests and criminal investigation under its piracy legislation’ and ‘a state’s piracy legislation being sufficient to meet the needs of its law enforcement and justice agencies’. Throughout 2011, workshops were held, in-coordination with the World Maritime Day activities, on enforcing anti-piracy laws at sea. A trilateral agreement among South Africa, Mozambique and Tanzania, signed in February 2012, allows naval vessels to pursue maritime criminal suspects in the territorial waters of one of the other states. |
The Djibouti Code of Conduct provides for information sharing and coordination through a system of national focal points and piracy information exchange centres (ISCs) located at the Regional Maritime Rescue Coordination Centre in Mombasa, Kenya, and the Rescue Coordination Sub-Centre in Dar es Salaam, United Republic of Tanzania. In addition, a regional maritime information centre has been established in Sana'a, Yemen. All three information exchange centres became fully operational in the spring of 2011. The information exchange centres disseminate alerts regarding imminent threats or incidents to ships, as well as collect, collate and analyze information transmitted through the participants and prepare statistics and reports based on that information. The ISCs also engage with UKMTO, NATO Shipping Centre and ReCAAP ISC to develop an information sharing network to provide regionally generated reports of piracy and maritime security incidents across the entire Indian Ocean, Gulf of Aden and into SE Asia. Standard operating procedures have been developed between the 3 Djibouti Code of Conduct ISCs and the ReCAAP ISC and were officially signed in November 2011. |
| Eastern and Southern Africa - Indian Ocean (ESA-IO) Regional Strategy and Regional Plan of Action |
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The Intergovernmental Authority on Development (IGAD) has been tasked with developing a Somalia Inland Action Plan to counter and prevent piracy as part of the overall ESA-IO Regional Strategy and Regional Plan of Action. In particular, the Somalia Inland Action Plan will focus on three areas: (1) inter-Somali dialogue; (2) reconstruction of key Somali institutions; and (3) dialogue with international communities and partners and resources mobilization with the aim to foster home-grown solutions by addressing the root causes of piracy, support Somali authorities in addressing impunity related to trans-national crimes related to piracy, and reinforce Somali authorities in the delimitation of Somali EEZ. In addition, there are plans to strengthen regional states’ capacities to secure their maritime zones. |
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Under the Regional ESA-IO Regional Strategy and Regional Plan of Action, regional nations are encouraged to undertake prosecution of pirates apprehended in the region with the financial and technical support of the international community, in particular EU. |
The Regional Strategy and Regional Plan of Action provides for strengthening cooperation with international partners such as the UN, EU, INTERPOL, IONS, and others through political dialogue and collaboration in the fight against piracy. In addition, the RS and RPA were created to be complementary to the AU African Maritime Transport Charter. |
| European Union (EU) |
The European Union Naval Force Somalia – Operation ATALANTA (EU NAVFOR - ATALANTA ), was launched in 2008 in support of United Nations Security Council resolutions 1814, 1816, 1838 and 1846. Its mandate is to protect vessels of the World Food Programme (WFP) and AMISOM shipping; protect vulnerable shipping on a case-by-case basis; help deter, prevent and repress acts of piracy and armed robbery off the coast of Somalia; and monitor fishing activities off the coast of Somalia. In March 2012, Operation ATALANTA was extended by the European Council until Dec 2014 with an extension of the area of operations to include Somali coastal territory and internal waters. Currently deployed units under Operation ATALANTA can be seen here. In addition to Operation ATALANTA, EU NAVFOR has established the Maritime Security Centre – Horn of Africa (MSC-HOA) which is manned by military and merchant navy personnel and offers round-the-clock monitoring of vessels transiting through the Gulf of Aden. Merchant vessels can register with MSC-HOA prior to transiting through the region. |
EU NAVFOR and MSC-HOA have contributed to the development of Best Management Practices and the MSC-HOA website provides information for the maritime community on updates to BMP and other self-protection guidance. |
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The EU provides support to build regional capacity to tackle piracy through several different programs. EU’s Instrument for Stability funds the Critical Maritime Routes Programme, aimed at ‘enabling maritime administration and law enforcement in the region to respond effectively to armed robbery against ships and piracy by providing them with the necessary training and equipment’, primarily through the Djibouti Code of Conduct. A part of the Critical Maritime Routes Programme is the MARSIC project, aimed at enhancing information sharing and training capacities. MARSIC has provided support to the establishment of the Regional Maritime Training Centre in Djibouti, part of the Djibouti Code of Conduct. Under the Common Security and Defense Policy (CSDP), the EUCAP NESTOR training mission was announced in December 2011 with expected launch in mid-2012. A factsheet lists the objectives of EUCAP NESTOR which are to 1) strengthen the sea going maritime capacity of Djibouti, Kenya, Tanzania, and the Seychelles; and 2) strengthen the rule of law sector in Somalia, with an initial focus on the regions of Puntland and Somaliland. In particular, the mission will support the set-up and training of a land-based coastal police force. In support of the ESA-IO Regional Strategy and Action Plan, EU has launched the Regional Maritime Security Programme (MASE) with a start-up program aimed at ‘preparing the ESA-IO region for the implementation of the MASE Programme through the development and implementation of all necessary structures, systems and coordination/communication mechanisms and the implementation of immediate capacity building activities’. In cooperation with the Indian Ocean Commission, the EU funded the Regional Fisheries Surveillance Plan Project to address Illegal, Unreported and Unregulated (IUU) fishing in the region, and launched the SmartFish Programme to promote sustainable exploitation of fisheries resources in the region. A summary of the EU’s regional capacity building initiatives can be found here. |
With an overall goal to help establish a peaceful and secure environment in Somalia, and to reduce poverty by providing basic social services and increasing economic activity, the EU, as part of the Somalia Joint Strategy Paper for the period 2008-2013 will support projects under three pillars, namely: 1) Deepening peace, improving security and establishing democratic governance; 2) Investing in people by improving equitable access to affordable and sustainable social services: education, health, water and sanitation; and 3) Poverty reduction and the consolidation of peace through sustainable and equitable economic growth. The European Union Training Mission (EUTM) is working to strengthen the Federal Government of Somalia by providing military training to member of Somalia's Security Forces. A central part to the training courses provided by EUTM is the 'train-the-trainer' programme, which aims to develop Somali capacity for training future armed personnel. |
The EU has provided funding for the UNODC Counter-Piracy Programme. EU has also provided funding for UNDP’s Rule of Law and Security Programme in Somalia. In addition, the EU has signed agreements allowing EU NAVFOR to transfer suspected pirates to regional countries. Agreements were made with the Seychelles in 2009 and Mauritius in 2011. Negotiations are ongoing with Tanzania and transfers to Kenya are possible on a case by case basis. |
A Special Representative to the Horn of Africa, Mr. Alexander Rondos, was appointed in December 2011 to actively contribute to regional and international efforts to achieve lasting peace, security and development in the region with an initial focus on Somalia and the regional dimensions of the conflict there, as well as on piracy. A strategic partnership agreement with the IMO was signed in May 2012 with the aim to ‘improving coordination at all levels and across all relevant programs and activities, with a view to strengthening the anti-piracy and maritime capacity of States in the Western Indian Ocean and Gulf of Aden area and developing viable and sustainable alternatives to piracy in Somalia’. EU NAVFOR chairs the Shared Awareness and Deconfliction (SHADE) meetings on a rotational basis (with CMF and NATO as the other chairs). In June 2013, the EU launched the MASE project, a Regional Maritime Security Programme. The program is funded through the 10th European Development Fund, and is implemented through regional organizations such as COMESA, EAC, IGAD, and the IOC. |
| Financial Action Task Force (FATF) |
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FATF research discovered individuals facilitating the payment of ransoms are successful at avoiding bulk cash disclosures/declarations and/or suspicious transaction reporting to the financial intelligence units (FIU). Member-States have implemented FATF recommendations on preventative measures to combat money laundering and the financing of organized crime – terrorism, the mafia, and piracy. The recommendations include record keeping and controls of certain cash transactions. FATF is pushing for the implementation of Special Recommendation IX (SR IX). |
The FATF is encouraging member-States to coordinate intelligence sharing, as 40-60% of the proceeds from Somalia piracy leave the country. FATF is advocating a coordinated domestic anti-money laundering (AML) regime and close coordination between jurisdictions. Further, International law enforcement and individuals who facilitate ransom payments need to cooperate in information sharing. |
| Independent Deployers |
China, India, the Islamic Republic of Iran, Japan, Kenya, Malaysia, Russia, Saudi Arabia, South Africa and Yemen have deployed naval ships and/or aircraft to combat Somali-based piracy. These countries are not part of the three multinational maritime coalition operations (CTF-151, Operation Atalanta, Operation Ocean Shield) and therefore often referred to as ‘independent deployers’. Their vessels have escorted merchant ships; provided close protection for designated merchant vessels, including for vessels released by pirates; conducted rescue operations for vessels in distress; and confiscated large quantities of weapons and other contraband. |
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Independent deployers participate in the Shared Awareness and Deconfliction (SHADE) mechanism. China, India and Japan have also agreed to carry out more effective coordination by establishing a convoy coordination working group as part of SHADE. |
| Indian Ocean Commission (IOC) |
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On 4 June 2012 the first cell of the IOC’s Anti-Piracy partnership programme opened in the Seychelles. The Maritime Security Programme, or Start-up MASE, is a joint-project of the EU and IOC. The purpose of the project is to implement the Regional Strategy and Action Plan of the Eastern and Southern Africa and Indian Ocean region (ESA-IO). The Start-up mandate has an initial term of 18 months, which commenced in January 2012. In October of 2012 IOC organized the first regional workshop against money-laundering and piracy in the Seychelles. The UN Office on Drugs and Crime (UNODC) is helping IOC implement the terms of the EU funding agreement. The objectives are to strengthen de-valued capabilities, such as: investigations, indictment and imprisonment in regional countries. The Start-up programme will be followed by a programme for the promotion of Maritime Safety (also known by the acronym MASE). In June 2013, the MASE project commenced with a budget of 37 million Euros. |
The vision of the Maritime Security Programme (MASE) is to eventually support the implementation of the “Somalia Inland Action Plan”. |
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The Regional Maritime Security Programme, better known by its acronym MASE coordinates with numerous regional organizations. IGAD serves as the regional officer and is therefore responsible for the overall coordination of the program, including the Action Plan for Somalia, which will focus on the roots of the problem specific to Somalia. EAC is responsible for strengthening national and regional capacities in the arrest, transfer, detention and prosecution of pirates. COMESA is responsible for the regional capacity for funding and the economic impact of piracy in the region. Finally, the IOC is responsible for building national and regional capacity for maritime security, as well as the establishment of a network for the exchange and coordination of information. |
| Intergovernmental Authority on Development (IGAD) |
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The IGAD has endorsed the "Supporting Horn of Africa Resilience" (SHARE) initiative, which has received a €250 million contribution from the European Union (EU) in May 2012. The first phase (2012-2013), funded by the EU, foresees measures in the drought-affected areas of Somalia, Ethiopia, Kenya, and Djibouti. It is designed to improve the resilience of communities and give better access to safe water and nutrition. |
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The African Union, COMESA, the EAC, the Economic Community for West African States (ECOWAS), the IGAD, the Indian Ocean Commission, and the Southern African Development Community (SADC) adopted a regional action plan and framework for exchanging information, cooperation, joint action and capacity building measures at the COMESA-IOC Regional Workshop on Piracy for the Eastern and Southern Africa (ESA), held in Seychelles on the 19th and 20th July 2010. The Regional Action Plan against Piracy is divided into two pillars: an action plan for inland Somali actions and off-shore and regional action against piracy at national, regional and the international level. IGAD is leading the first pillar of the action plan. The Actions for inland Somalia plan takes account of the Reconstruction and Development Plan (RDP) and the EU Country Strategy Paper (CSP). The IGAD has helped coordinate between the Transitional Federal Institutions and the International Community. |
| International Contact Group on Somalia (ICG) |
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| International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) |
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In 2008, the Ship Security Officer (SSO) and Vessel Security Officer (VSO) mandatory requirement came into force. Port and Coastal States require a course completion certificate and a company letter or certificate. A SSO/VSO must have a VSO endorsement on his or her Merchant Mariner Credential (MMC).The Manila Amendment added a mandatory Port State Control (PSC) Assessment of seafarer watch keeping and security standards. The Manila Amendments added three levels of security, with a fourth pending: (i) security awareness for all crew (STCW/CONF.2/32 table A-VI/6-1); (ii) personnel tasked with carrying out security duties (§13, ISPS Code); (iii) SSO / VSO (Security duties include being responsible for to ship owners and manager for implementation of all security tasks and duties on board ships as defined by chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) and the International Ship and Port Facility Security (ISPS) Code); and (iv) anti-piracy training (currently pending). |
The Manila Amendment revised the Basic Safety Training (BST) requirements by adding Personal Safety and Social Responsibilities (PSSR) subjects on communications, control of fatigue, and teamwork. The STCW was revised to also include refresher safety training “within five years” which may be completed online if the seafarer is at sea when the refresher is due.so no Some states have courses on safety and survival skills in the event of a pirate related event. |
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The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) may be amended by either (a) a state-party proposing an amendment to the IMO Secretary-General, who circulates the draft to all IMO members and the Director-General of the International Labour Office, then sends the proposed amendment to the Maritime Safety Committee (MSC), where 2/3 majority vote is required; or (b) a conference of the IMO, whereby amendments are passed with a 2/3 majority vote (STCW Art XII(I)(a)and(b)). In October 1991 the United States became a signatory to STCW and the US Coast Guard (USCG) began implementing STCW in 1996 to officers and seafarers based on their US licenses and documentation. The National Maritime Centre (NMC) is the entity granting STCW training, as required by US law, for a seafarer maintaining a professional mariner license or Z-card, showing a seafarer’s classification. Every member-state is tasked with implementing the provisions of the STCW. During the 1995 conference to revise the 1978 STCW, a Fishing Vessel Personnel licence was proposed, none of the Indian Ocean Regional states signed, and the measure subsequently failed (Manoj Gupta, Indian Ocean Region 206 (2010)). |
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| International Maritime Bureau (IMB) Piracy Reporting Centre (PRC) |
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IMB provides a 24-hour anti-piracy helpline which functions as the first point of contact for shipmasters reporting actual or attempted incidents of piracy or armed robbery at sea, the IMB PRC offers a number of services, including "daily status reports on piracy and armed robbery to ships in the IOR and AOR via broadcasts on the Inmarsat-C SafetyNET service. |
The IMB Piracy Reporting Centre receives reports following incidents of piracy as a result of the Declaration Condemning Acts of Violence Against Seafarers. |
IMB mission statement includes "reporting piracy and armed robbery at sea incidents to law enforcement, helping local law enforcement catch pirates and assisting in bringing them to justice, assisting and advising ship-owners whose vessels have been attacked or hijacked, assisting and advising masters and crew members whose vessels have been attacked, collating and disseminating information on piracy in all parts of the world, providing updates on pirate / armed robbery activity via the internet, providing access to the live piracy online map, and publishing quarterly and annual reports detailing piracy statistics." |
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| International Maritime Organization (IMO) |
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| International Seafarers Assistance Network (ISAN) SeafarerHelp |
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SeafarerHelp is 24/7 help-desk and call-centre based in London designed to provide a free and confidential service to seafarers who require support or assistance. The call-centre is manned with trained personnel who speak the 27-dominate languages of the shipping industry. The International Seafarers Assistance Network (ISAN) is based on the model of the Citizens’ Advice Bureau (CAB) and works with maritime agencies to resolve the challenges or difficulties facing the seafarer. These can range from ‘dealing with bullying, un-paid wages, poor working/living conditions or just someone to talk to SeafarerHelp is completely free and confidential for all seafarers and their families around the world.’ The Maritime Piracy Humanitarian Response Programme (MPHRP) recommends SeafarerHelp as a useful programme for seafarers. SeafarerHelp will provide help in linking families to seafarers, listening to seafarers and helping resolve issues from bullying or lost wallet in a port to sickness and serious cases such as post-piracy, abandonment and personal injury. |
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| International Transport Workers’ Federation (ITF) and the IBF High Risk Area Agreement |
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ITF supports Best Management Practices (BMP) as an effective way to protect vessels and seafarers from pirate attack. The IBF High Risk Area, Designation 2, which is included in the all post-February 2012 IBF CBAs (Article 17, IBF Framework Agreement), requires vessels transiting the Gulf of Aden and the 400nm off the coast of Somalia to adopt increased security measures. The provision of security personnel or security systems must be to appropriately reduce vulnerability of the vessel being attacked by pirates. The sufficiency of such extra security measures must be determined by the vessels physical vulnerabilities: type, size, freeboard during transit and speed. BMP4 is the minimum standard of protection for a vessel transiting the IBF High Risk Area. |
The IBF High Risk Area, Designation 2, which is included in the all post-February 2012 IBF CBAs (Article 17, IBF Framework Agreement), requires that seafarers be entitled to 100% of their basic wage during the duration of their actual transit/stay of the HRA (including the IRTC). In the event of death or disability, the seafarer or their heirs are entitled to double compensation. Except when the vessel is transiting the Internationally Recognized Transit Corridor (IRTC), a seafarer is entitled to refuse transit and to be repatriated at company expense. The Extended Risk Zone (approved in the Revised IBF HRA (March 2011)), grants the entitlements of the HRA, but only commencing on the day the vessel is attacked. Also, any seafarer on a vessel within 12nm of the northern Somali Coast is entitled to double basic wages, payable for a minimum of 5 days (per additional day if longer), plus if a seafarer refuses to transit in the Warlike Operations Area, then the company must repatriate the seafarer with compensation equal to 2 month’s basic wages (note: this designation has been in effect since 6 October 2005). |
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The International Transport Workers’ Federation (ITF) and their European affiliates joined the European Community Shipowners’ Association (ECSA) in asking the European Union (EU) to continue NAVFOR operations within the Indian Ocean theatre. The statement says, ‘[…] in light of sustained attacks, the military presence in the area is imperative and the ATALANTA mission must be maintained with sufficiently robust rules of engagement.’ |
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The International Bargaining Forum (IBF), established in 2003, brings together organized labour, represented by the International Transport Workers’ Federation (ITF), and shipping owners and manning agencies, represented by the Joint Negotiating Group (JNG). The IBF negotiations result in a collective bargaining agreement (CBA), which is biennially reviewed, amended and discussed. The current IBF CBA contains a scale of disability, ranging from $89,100 for the total disability of a rating, to $148,500 for a Master. The scale is increased by percentage of increase in wages negotiated by the JNG. The International Transport Workers’ Federation (ITF) emphasises, ‘the priority must be that the seafarers are not placed in harm’s way. The insurance, legal and liability questions therefore need resolving in the seafarers favour and governments must move quickly to resolve the impasse over the carriage of private and or public armed security guards and support the IMO's initiatives in this regard.’ ITF supports BMP4 and encourages its use in the maritime shipping industry. |
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| INTERPOL |
INTERPOL is exploring opportunities for formal cooperation agreements with naval forces involved in maritime piracy. INTERPOL and naval forces are discussing an information-sharing model, which would provide naval forces access to INTERPOL’s fingerprint database, and allow naval forces to fingerprint suspected pirates at the time of their capture. INTERPOL has already agreed to this type of information-sharing model with both NATO and EU NAVFOR. |
The 4th version (August 2011) of the shipping industry’s Best Management Practices (BMP4) has a ‘new subsection on “Prosecution of Pirates – Assisting Law Enforcement Authorities”, which was produced in conjunction with INTERPOL, is now included. This new section includes reference to a 24-hr helpline and to INTERPOL’s new Maritime Task Force website.’ INTERPOL is working with the shipping industry to ensure that evidence is preserved on ships following incidents of piracy and has produced guidelines on evidence collection and preservation which is part of INTERPOL’s task force mandate. |
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INTERPOL continues to provide law enforcement training coursesto Somalia and other Eastern African countries to combat the maritime piracy threat in the region. Through the EU funded, Law Enforcement Capacity Building in East Africa project, INTERPOL focuses on enhancing the capacity of regional governments and forces, by providing crime scene investigation training and equipment to seven countries in the region. Working alongside the UNODC, INTERPOL has conducted trainingof police officers from Mauritius and the Seychelles as well as a number of other joint activities listed in the UNODC Counter-Piracy Programme February 2012 brochure. In June 2012, INTERPOL partnered with the UK led RAPPICC to develop a centre for collecting personal data used to identify suspected pirates, including fingerprints, name or alias, date and place of birth, nationality, sex, driving licenses, identification documents and personal data. In addition to the new centre, in early 2013, INTERPOL will provide, the Seychellois police with an Automated Fingerprint Identification System, or AFIS, which will allow better collection of biometric data from the prison population, including convicted pirates. |
In an effort to improve Somalia’s capacity, INTERPOL, at the request of the Somalia Maritime Piracy Task Force, reviewed and provided feedback on the Somalia Security Bill of 2011. INTERPOL is currently working with Somalia on a Joint Somali and INTERPOL initiative to improve diplomatic relations among affected countries, in effort to identify Somali pirates that have been captured by navies, and prosecuted in foreign jurisdictions. |
INTERPOL continues to work with both regional and international partners in an effort to enhance the rule of law and regional law enforcement capacities, as well as promote information-sharing platforms. In April 2011, INTERPOL sent their first Incident Response Team (IRT), a team of experts that assist in crime scene investigation and evidence collection, into Durban, South Africa to investigate a Greek vessel released by Somali pirates. The IRT collected both physical and digital evidence from the ship’s satellite phone, fingerprints and DNA, as well as testimony from the ship’s crew. In July 2011, INTERPOL launched their Maritime Piracy Global Database to collect and disseminate information about pirates and pirate attacks. This database has allowed INTERPOL and their international partners to identify organizers and leaders of pirate networks. Additionally in 2011, INTERPOL launched Project EVEXI (Evidence Exploitation Initiative), a project that provides investigators with INTERPOL-supported procedure for intelligence gathering, evidence collection, and information sharing. This project allows for evidence to be collected in a manner that can be effectively used in the prosecutions of pirates. In June 2012, INTERPOL partnered with UK led RAPPICC to develop a centre for collecting data that can be used as evidence as well as to identify suspected pirates. The evidence collected will be used to prosecute suspects and pursue the organizers and leaders of pirate networks. INTERPOL currently has information-sharing agreements with both EUROPOL and NATO, and is in discussions to develop a similar information-sharing model with active naval forces such as the Netherlands and Denmark. |
INTERPOL coordinates with both regional and international partners in the fight against maritime piracy. In July 2011, INTERPOL launched their Maritime Piracy Global Database to collect and disseminate information about pirates and pirate attacks. The database, ‘contains more than 4,000 records of personal information on pirates and financiers; pirates’ telephone numbers and phone records; hijacking incidents; vessels and ransom payments, submitted by law enforcement and private industry partners.INTERPOL has created a digital photo album with photographs of more than 300 suspected pirates submitted by law enforcement and military agencies. The images are shared with the Organization’s counter-piracy partners and are used when debriefing released hostages to help identify their attackers.’(Annual Report 2011) Also in 2011, INTERPOL opened a Command and Coordination Centre in the Singapore Regional Bureau to support piracy investigations in the Indian Ocean theatre. In 2012, INTERPOL, along with IGOs and state-partners, joined with the United Kingdom (UK) and Indian Ocean Commission (IOC) led Regional Anti-Piracy Prosecution & Intelligence Coordination Centre (RAPPICC), headquartered in Victoria, Seychelles, to create a centre for the sharing and dissemination of information. INTERPOL is currently working alongside EUROJUST and EUROPOL in effort to develop a global law enforcement and prosecution strategy for maritime piracy. |
| Kampala Process |
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The Kampala Process brings together the Somali regions and provides a forum for discussions among them. |
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| League of Arab States |
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| Malacca Strait Patrols |
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| Maritime Labour Convention (MLC) |
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The Maritime Labour Convention (MLC) requires seafarers to have a medical certificate from a competent authority as a term of employment, which must meet the minimum standards of the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers (STCW). There are requirements correlated with Best Management Practices, version 4 (BMP4), which recommend crew keep lookouts for pirates, with an extra seafarer on watch and shorter rotations to avoid fatigue. MLC Regulation 1.3 requires seafarers to have proper training and qualifications to carry out their duties. Training must meet the minimum requirements of the International Maritime Organization (IMO). |
The Maritime Labour Convention (MLC) provides minimum requirements for working on a vessel, which are 16 years of age (Regulation 1.1), but Standard A1.1 sets forth a minimum age requirement of 18 when the work is likely to jeopardize the health or safety of the seafarer. It is generally thought transiting the High Risk Area (HRA), as defined by the International Bargaining Forum (IBF) collective bargaining agreement (CBA), would constitute work requiring the minimum age of 18. Title II of the MLC requires states, whose vessels fly their flag, to ensure seafarers’ have a bi-laterally signed employment agreement between seafarer and shipowner. |
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The MLC incorporates and amends 37 ILO drafted conventions, which means upon entry into force, ratification of these earlier conventions will close and the doctrine of implied repeal will abrogate member-states’ prior commitments (leges posteriores priores contrarias abrogant). When the treaty comes into force, it will become the fourth pillar of the International Maritime law regime, joining the International Convention for the Safety of Life at Sea (SOLAS), the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers (STCW) and the International Convention for the Prevention of Pollution from Ships (MARPOL). The MLC consists of 16 general articles of organization, with a code of five titles. These titles consist of both regulations, which are binding on member-states, and guidelines, which are intended to guide state practice. |
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| Maritime Organization of West and Central Africa (MOWCA) |
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| Maritime Piracy Humanitarian Response Programme (MPHRP) |
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MPHRP’s first phase of development consists of five-outputs: (1) Development of “good practice” guides for use by shipping companies, manning agents and welfare associations to support both seafarers and their families through the three-phases of piracy incidents: (a) pre-departure; (b) the crisis; and (c) post-release/post-incident. (2) MPHRP has developed training modules for coping with the stages of piracy. (3) The establishment of an international network of trained first-responders with appropriate skills within partner and associated organizations. (4) MPHRP is developing a network of professionals who work with victims of piracy in the aftercare. (5) A 24-seafarer’s helpline in coordination with SeafarerHelp, a project of the International Seafarers Assistance Network (ISAN), which maintains a 24-hour helpline, staffed by individuals who speak 27-different languages collectively. |
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The Maritime Piracy Humanitarian Response Programme (MPHRP) is a pan-industry alliance of shipowners, unions, managers, manning agents, insurers, and welfare associations. MPHRP is working to implement a coordinated model of responding to the seafarer impacts aspect of piracy and led the drafting of guidelines on “good practice” for companies and seafarer welfare organizations. MPHRP is designed to fully align with the International Maritime Organization (IMO)’s World Maritime Day 2011: “Piracy: orchestrating the response”. Cooperating with partners (shipping companies, management agents, workers’ unions and associations, trade associations, and welfare providers), MPHRP plans to implement an international model for providing assistance for seafarers and their families who have suffered the traumatic incident caused by a piracy attack, armed robbery at sea, or being held hostage. |
| New York Declaration |
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The NY Declaration recognizes internationally recognized best management practices to ‘avoid, deter or delay acts of piracy’. Signatory States are committed to promulgating recognized best management practices for vessel self-protection of those vessels registered under their respective flag. In addition, the NY Declaration countries (except the UK) commit to ensuring that vessels on their registry have adopted and documented appropriate self protection measures in their Ship Security Plans as part of the International Ship and Port Facility Security (ISPS) Code |
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| North Atlantic Treaty Organization (NATO) |
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| Port and Coastal Nations |
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| Regional Anti-Piracy Prosecutions Intelligence Co-ordination Centre (RAPPICC) |
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RAPPICC’s vision is to reduce pirates’ perception of immunity from prosecution by sharing strategic information with law enforcement and international partners to bring the ‘leaders, financiers and enablers’ to justice. The goal is to rebalance the risk/reward ratio of piracy. |
The intent of RAPPICC is to create sustainable regional capacity and capability to undermine the piracy business model by bringing pirate leaders, financiers, and enablers, to justice and depriving them of the proceeds and benefits of their crimes. RAPPICC is currently being supported by regional partners such as Seychelles, Kenya, Tanzania, and South Africa, as well as international partners. |
The eventual plan is to prosecute pirates in their own jurisdiction; however RAPPICC recognizes this is far-off and would therefore advocate prosecution in the theatre of the Indian Ocean. |
RAPPICC’s objective is to support the four regional partner prosecuting states, Seychelles, Kenya, Tanzania, and Mauritius as well as other prosecuting nations such as the Netherlands, Germany, the United States, Spain, and Belgium. RAPPICC was created by virtue of Article 19 of the United Nations Convention on Transnational Organised Crime, which provides a legal gateway for states to come together and form a joint-investigative body for the purposes of tackling organized crime threats such as maritime piracy. |
RAPPICC will work in accordance with national and international law with regional and international partners to share intelligence with participating partner states and agencies. They collaborate to develop the intelligence into advanced Intelligence Development Packages (IDPs). This will allow industry-information, criminal intelligence, and evidence to be developed against organized Somali piracy groups. RAPPICC enjoys a very strong working relationship with U.S. partners such as the FBI and NCIS, as well as INTERPOL, EUROPOL, UNODC, the Indian Ocean Commission, the IMO, EUCAP Nestor, and a wide range of European police forces. |
| Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (ReCAAP) |
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ReCAAP ISC and the Baltic and International Maritime Council (BIMCO) have jointly produced the guide ‘Tips on avoiding Piracy, Robbery and Theft’ which highlights the actions that masters and crew can take to reduce the threats whilst transiting high risk areas and when at anchor in high risk ports. ReCAAP ISC also advocates the International Maritime Organization’s MSC.1/Circ.1333 (‘Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships’) and MSC.1/Circ.1334 (‘Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships’). |
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The ReCAAP ISC undertakes initiatives that enhance the ability of Contracting Parties to respond to incidents of piracy and armed robbery. These initiatives include exercises, training workshops and technical assistance programmes that share best practices. ReCAAP ISC also cooperates with a number of other stakeholders such as governmental, intergovernmental, international and non-governmental organizations, and research institutes in the fields of information sharing and capacity building. |
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ReCAAP ISC facilitates exchange of information among the ReCAAP Focal Points through a secure web-based Information Network system (IFN). Through this network, the ReCAAP Focal Points are linked to each other as well as the ReCAAP ISC on a 24/7 basis, and are able to facilitate appropriate responses to incident. In addition, the ReCAAP ISC analyses reported incidents of piracy and armed robbery against ships and issues alerts and reports. |
| SaveOurSeafarers (SOS) |
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| Shared Awareness and Deconfliction (SHADE) |
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| Strategy for the Danish Counter-Piracy Effort 2011-2014 |
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| Training Awareness and De-confliction (TRADE) |
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The primary aim of TRADE is to increase awareness and de-confliction of maritime tactical training capabilities inherent in the maritime forces operating in the Western Indian Ocean or additional training activities stakeholders wish to deploy to the region. |
| U.S. and Combined Maritime Forces (CMF) |
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| United Kingdom Marine Trade Operations (UKMTO) |
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| United Nations Development Programme (UNDP) |
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UNDP is coordinating activities around the Horn of Africa with other UN agencies, including the IMO, WFP, UNODC and regional States. |
| United Nations General Assembly (UNGA) |
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In UNGA resolution 66/231 (5 April 2012), the Assembly expressed their grave concern at the threats piracy and armed robbery at sea pose to the safety and welfare of seafarers and other persons (para 86). |
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UN General Assembly resolutions 55/7 (27 February 2001), 59/24 (4 February 2005), 60/30 (8 March 2006), and 64/71 (12 March 2010) emphasize the importance of reporting acts of piracy and sharing information between states affected by piracy and call upon states to facilitate the apprehension and prosecution of suspected pirates, and urge all states to adopt national legislation to combat piracy and armed robbery at sea. The first major resolution against piracy, UNGA resolution 54/31, which concerned law of the sea, was adopted on 24 November 1999. On 8 June 2000, the Secretary-General of the IMO wrote the Secretary-General of the UN (A/55/311), asking that the UNGA address the issue of the proliferation of piracy. On 1 May 2002, the Secretary-General transmitted IMO Assembly resolution A.922(22) (29 November 2001), Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships, to the members of the UNGA. UNGA resolution 66/231 (5 April 2012), along with resolutions 65/37 A (7 December 2010) and 65/37 B (4 April 2011) emphasises the importance of information sharing, urges states to work with IMO to supress piracy (para 84), encourage states to implement international law and national laws to facilitate the prosecution of pirates (para 85), and asks states to take multilateral action to address the financing and facilitating of piracy (para 89), along with recognizing IMO circular (MSC.1/Circ.1404), Guidelines for flag state and other authorities to assist investigators to collect evidence after a hijack, released after the May 2011 Working Group 1 meeting during the IMO Maritime Safety Committee (MSC89) conference in London. The UNGA supports the Best Management Practice (v4) as drafted by the IMO and the shipping industry (MSC 89/25/Add.4, annex 29), along with the Djibouti Code of Conduct (IMO C 102/14, annex, attachment 1), which has been signed by 20 of the 21 eligible states. The UNGA has urge all states to implement resolution A.1026(26), adopted on 2 December 2009, and has called on states to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (UN Treaty series, vol 1678, No 29004) in their resolution dated 5 April 2012 (A/RES/66/231). |
The UNGA has coordinated their counter-piracy initiatives with the UNSC and notes the adoption by the Security Council of resolutions 1816 (2008) of 2 June 2008, 1838 (2008) of 7 October 2008, 1846 (2008) of 2 December 2008, 1851 (2008) of 16 December 2008, 1897 (2009) of 30 November 2009, 1918 (2010) of 27 April 2010, 1950 (2010) of 23 November 2010, 1976 (2011) of 11 April 2011, 2015 (2011) of 24 October 2011, and 2020 (2011) of 22 November 2011, as well as the statements by the President of the Security Council of 25 August 2010 (S/PRST/2010/16) and of 11 May 2011 (S/PRST/2011/10) and also notes that the authorization in resolution 1816 (2008), and the provisions in resolutions 1838 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1950 (2010), and 2020 (2011) apply only to the situation in Somalia and do not affect the rights, obligations or responsibilities of Member States under international law. |
| United Nations Office on Drugs and Crime (UNODC) |
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| United Nations Political Office for Somalia (UNPOS) |
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UNPOS has worked with and supported numerous initiatives in the region that aimed at promoting Somali peace and stability. It is currently in discussions with regional and international partners, including the UN family, concerning a strategic review of its mission in an attempt to determine the UN’s future role in Somalia. |
UNPOS is working closely with the new Federal Government of Somalia in order to implement the Government’s “Six Pillar Policy.” UNPOS will coordinate with Somali government to promote reconciliation through dialogue between Somali parties, to assist efforts to address the issue of “Somaliand,” to coordinate support for the peace process among Somalia’s neighbors and the international community, and to play a leading political role in peace-building activities. |
In January 2010, the UNPOS convened a technical meeting at which the TFG, Puntland, and Somaliland established the ‘Somali Contact Group on Counter-Piracy’, known as the ‘Kampala Process’. Galmudug has also joined (S/2011/662, para 15). The Kampala Process is based on the ‘Djibouti Code of Conduct’ and is designed to implement maritime legislation and strengthen Somali capacity to prosecute pirates. According to the report by the UN Secretary General (S/2011/360) on the modalities for the establishment of specialized Somali anti-piracy courts, UNPOS is “encouraging the transitional federal institutions to pass counter-piracy legislation before the end of the transitional period.” It has been indicated that counter-piracy legislation will not be passed until after the End of Transition (20 August 2012), when a new elected parliament is in place (S/2012/50, fn 13). The UNPOS has assisted in forming the Somalia Law Reform Programme Expert Group (the Law Reform Group), which has drafted agreed upon anti-piracy legislation and prison and prisoner transfer legislation. |
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| United Nations Security Council (UNSC) |
UNSC resolutions, under Chapter VII of the UN Charter, authorize member-states to ‘take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’. UNSC resolution 1816 (2008) first allowed states cooperating with the Transitional Federal Government (TFG) to enter the territorial waters of Somalia, for a period of six months, and use all necessary means to repress acts of piracy and armed robbery. This resolution has been renewed several times, most recently by: UNSC resolution 2020 (2011), which encourages member-states to continue to cooperate with the TFG in the fight against piracy and armed robbery at sea, and decided to renew the authorization until November 2012, as set out in paragraph 10 of resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by paragraph 7 of resolution 1897 (2009), and paragraph 7 of resolution 1950 (2010), granted to states and regional organizations cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia. European Union (EU) operation Atalanta, North Atlantic Treaty Organization (NATO) operations Allied Protector and Ocean Shield, Combined Maritime Forces’ (CMF) Combined Task Force 151, and other states acting in a national capacity in cooperation with the TFG and each other have responded to these UNSC resolutions to suppress piracy and to protect vulnerable ships transiting through the waters off the coast of Somalia. |
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In UNSC resolution 2020 (2011), the council stressed ‘the need for states to consider possible methods to assist the seafarers who are victims of pirates’ and asking the CGPCS and the IMO to develop ‘guidelines for the care of seafarers and other persons who have been subjected to acts of piracy’. |
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Pursuant to UNSC resolution 2015 (2011), the Secretary-General reported to the council, that prisons had been built in Qardho and Garoowe, Puntland and that two prison advisors had been seconded from Norway, along with continual work on the prison in Hargeysa. In the Secretary-General’s report of December 2011 (S/2011/759), which was issued pursuant to UNSC resolution 2010 (2011), it was reported UNODC would come to an end in 2012 following Somaliland’s withdrawal from an MOU with the Seychelles and an unexplained release of a large number of prisoners from Hargeysa prison. Somaliland authorities issued a statement to the UNSC on 11 December 2011, which intimated a willingness to accept prison transfers under the MOU with the Seychelles. |
The UNSC has been calling on member-states to ‘investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations’. The UNSC has continued to reaffirm ‘that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts of the international community’ (S/RES/2020(2011)). UNSC resolutions, under Chapter VII of the UN Charter, authorize member-states to ‘take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’. UNSC resolution 1816 (2008) first allowed states cooperating with the TFG to enter the territorial waters of Somalia and use ‘all necessary means’ to repress acts of piracy and armed robbery at sea. The Chapter VII authorization has been renewed in resolutions: 1851 (2008), 1897 (2009), 1950 (2010), and most recently in 2020 (2011). Since UNSC resolution 1950 (2010), allegations of illegal fishing and toxic waste dumping within Somali territorial waters has been called upon to be investigated by states and prevented in accordance with international law. The UNSC has called on the International Maritime Organization (IMO), the International Police (INTERPOL), and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy. Additionally, the UNSC 1846 (2008) urged states parties to the SUA Convention to implement their obligations under this convention to build judicial capacity for prosecution of persons suspected of piracy and armed robbery at sea. UNSC resolution 1897 (2009) called on states to assist to strengthen capacity in Somalia, to bring those to justice who are using Somali territory to plan, facilitate, or undertake acts of piracy and armed robbery at sea. Pursuant to UNSC resolution 1918 (2010), the UN Secretary-General presented a report outlining seven options to prosecute and imprison persons responsible for acts of piracy or armed robbery at sea. In August 2010, the UN Secretary General appointed a special advisor, Mr. Jack Lang, to identify additional steps in pursuit of that objective. In January 2011, the special advisor presented a report containing 25 proposals, including measures to enhance existing counter-piracy initiatives, as well as a new action plan comprising economic, security, and judicial/correctional measures targeting Somaliland and Puntland, and the establishment of specialized piracy courts in these regions and in Arusha, Tanzania. In June 2011, the UN Secretary General presented a report on the modalities for the establishment of specialized Somali anti-piracy courts as suggested by Jack Lang in the report from January 2011. This report was followed up by a January 2012 report of the Secretary General concerning anti-piracy courts in Somalia, which informed the UNSC that regional capacity to prosecute pirates would be available within 3 years. |
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| World Maritime Day 2011 - "Piracy: Orchestrating the Response" |
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Throughout 2011, the IMO ‘intensified its work to strengthen the protection of persons (seafarers, fisherman and passengers), ships and cargoes in piracy-infested areas and also preserve the integrity of shipping lanes of strategic importance and significance, such as the Gulf of Aden.’ |
The 2011 Maritime Day Action Plan included an objective to provide care for those attacked or hijacked by pirates and for their families. The IMO Assembly adopted resolution A.1044(27), which, among other things, ‘expressed deep sympathy for the loss of seafarers, while in captivity; for their plight while held hostage in appalling conditions, often for long periods of time; and for their families, and appealed to all relevant parties, to take action, within the provisions of international law, to ensure that any hijacked ships, seafarers serving on them and any other persons on board such ships are immediately and unconditionally released and that no harm is caused to them.’ The IMO is continuing engagement with the CGPCS and the Seamen's Church Institute (which has produced a best practices report, entitled, ‘Post-Piracy Trauma Assessment and Treatment’), guidance promulgated by industry organizations and by EUNAVFOR. |
The 2011 Maritime Day Action Plan established six objectives for orchestrating a coordinated response to piracy. A circular letter (No.3164) was issued to all IMO Members, the UN and specialized agencies, intergovernmental organizations and NGOs emphasising the 2011 Maritime Day Action Plan and highlighting an unacceptably high proportion of ships transiting the Gulf of Aden and western Indian Ocean as not being ‘registered with the appropriate authorities, showed no visible deterrent measures and were not acting on navigational warnings to shipping promulgating details of pirate attacks and suspect vessels.’ |
The 2011 World Maritime Day Action Plan helped promote greater levels of coordination among navies, and further co-operation between states, regions, and organizations to reduce the risk of attacks on ships through information-sharing; coordination of military and civil efforts; and development and implementation of regional initiatives, such as the Djibouti Code of Conduct. |
During the 2011, IMO maintained close co-operation with the Contact Group on Piracy off the Coast of Somalia (CGPCS) and communicated with the Executive Head of the World Food Programme (WFP) concerning the potential for chartering bigger, faster ships to deliver food aid to Somalia, and shortening the distances they are required to run through pirate-infested waters. The IMO plans on contributing, in any way possible (including through the potential development of a coastal monitoring force), to the stability of Somalia (S/RES/2020 (2011)). |
The 2011 World Maritime Day Action Plan sought to strengthen the protection of persons and ships sailing through piracy-infested areas by regularly reviewing and promulgating the IMO guidelines to Administrations and seafarers, and by making industry-developed best management practice guidance widely available; enabling ships' masters and officers to access any available naval protection; encouraging compliance with the recommended preventive, evasive, and defensive measures; and promoting even greater levels of support from navies. IMO also undertook initiatives with the UN Office on Drugs and Crime (UNODC) and other agencies, to build the capacity of States, in piracy affected regions and elsewhere, to deter, interdict and bring to justice those who commit acts of piracy and armed robbery against ships, working to enhance maritime law enforcement and the safety of life at sea. |
IMO helped promote greater levels of coordination among navies, and further co-operation between and among States, regions and organizations. Information-sharing, the coordination of military and civil efforts and the development and implementation of regional initiatives, such as the IMO-led Djibouti Code of Conduct, were at the heart of the Organization’s work. The 2011 World Maritime Day Action Plan also aims to promote greater support from, and coordination with, navies. |
