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21 July 2011

21 July 2011. 1. Action Plan Objectives. Increase pressure at the political level to secure the immediate release of all hostages being held by pirates

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21 July 2011

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  1. 21 July 2011 1

  2. Action Plan Objectives • Increase pressure at the political level to secure the immediate release of all hostages being held by pirates • Review and improve the IMO guidelines to Administrations and seafarers and promote compliance with industry best management practices and the recommended preventive, evasive and defensive measures should follow • Promote greater levels of support from, and coordination with, navies • Promote anti-piracy coordination and co-operation procedures between and among States, regions, organizations and industry • Assist States to build the capacity of States in piracy-infested regions of the world, and elsewhere, to deter, interdict and bring to justice those who commit acts of piracy and armed robbery against ships; and • Provide care for those attacked or hijacked by pirates and for their families

  3. Piracy Snapshot 2011 3

  4. Ratio of successful attacks versus attacks reported • Since August 2008 where approximately 50% of attacks were successful, on a 12 month rolling average the pirate success ratio has been reduced to its current level of below 20% • The figures for the first six months of this year (187 attacks leading to 22 hijacks) indicate that 88% of attacks are being defeated, largely by proper application of BMP3 • On 1 January 2011 there were 28 ships and 656 seafarers being held. At the official launch of the Action Plan on 3 March 2011, this had risen to 30 ships and 714 seafarers. • At present (20 July) there are 22 ships and 464 seafarers being held, a significant reduction, but indicative that the situation is far from acceptable. 4

  5. Seafarers captured and in captivity 2011 5

  6. Ships attacked and captured 2011 Monsoon Period 6

  7. EUNAVFOR –Observed Compliance with BMP3 7

  8. Registrations with MSCHOA 8

  9. Concerns • Pirates: • More aggressive tactics • More violent attacks • Bolder and larger attacks • Better organized 9

  10. Repercussions of alternative routes Cape of Good Hope • extra mileage to run (almost double that for a typical voyage) • time increase of the same voyage by almost 12.5 days at a speed of 15 knots (thus delaying the replenishment of Europe and the Americas in energy stocks); • an additional need for some 750 tonnes of fuel per ship and an additional volume of some 2,335 tonnes of CO2 emitted from the additional fuel burnt; • possible increase in freight rates which could more than double if all ships were deviated around the Cape, subsequently settling at about 25 to 30% higher; and • economies and the consumer would eventually be hurt. 10

  11. 21 July 2011 11

  12. Action Plan Objectives • Increase pressure at the political level to secure the immediate release of all hostages being held by pirates • Review and improve the IMO guidelines to Administrations and seafarers and promote compliance with industry best management practices and the recommended preventive, evasive and defensive measures should follow • Promote greater levels of support from, and coordination with, navies • Promote anti-piracy coordination and co-operation procedures between and among States, regions, organizations and industry • Assist States to build the capacity of States in piracy-infested regions of the world, and elsewhere, to deter, interdict and bring to justice those who commit acts of piracy and armed robbery against ships and • Provide care for those attacked or hijacked by pirates and for their families 12

  13. Actions taken by IMO Guidance Djibouti Code of Conduct Support to SOS Improvements to piracy reporting Long Range Identification and Tracking 13

  14. Outcomes of MSC 89 Guidance on Privately Contracted Armed Security Personnel Guidelines on Collection of Evidence Resolution on use of BMP guidance 15

  15. IMO guidance - firearms and private security • IMO does not endorse carriage of firearms by seafarers, or the use of privately contracted armed security personnel on board ships • Current guidance is contained in MSC.1/Circs. 1333 and 1334 • New interim recommendations and guidance (MSC.1/Circs. 1405 and 1406) do not change IMO’s position on the use of armed personnel: Seafarers should not be armed and the carriage of PCASP remains a matter of decision for the ship owner, after a thorough risk assessment, to request and the Flag State to decide. 16

  16. PCASP – The Way Forward • Implications of PCASP for port and coastal States to be considered by the FAL Committee (FAL 37) • 5-9 September 2011 • Meeting of Working Group 3 of the CGPCS to discuss PCASP guidance • 12 September at IMO HQ • Intersessional MSC Working Group on Maritime Security including Piracy and Armed Robbery against Ships (MSPWG) • 13-15 September 2011 17

  17. Contact Group on Piracy off the coast of Somalia • IMO is an active member of the CGPCS and its working groups: • CGPCS Plenary • WG 1: Military and operational coordination, information sharing and capacity building • WG 2: Legal issues • WG 3: Shipping self awareness and capabilities • WG 4: Communications and key messages • WG 5: Financial aspects of piracy NEW 18

  18. Review of National Legislation • Naval action alone insufficient • Need for effective legal framework • IMO Circular letter requesting information on national legislation 19

  19. Review of National Legislation • 44 States have submitted information on national legislation • Inadequacies include: • UNCLOS definition of piracy not fully incorporated • concept of universal jurisdiction missing • piracy not made separate criminal offence 20

  20. Review of National Legislation • national legislation made available on DOALOS website www.un.org/depts/ios/piracy/piracy_national_legislation.htm • key element for successful prosecution of piracy identified and circulated to IMO Member States • responsibility for enacting legislation rests with governments 21

  21. Which court should exercise jurisdiction? • 3 reports: • 2010 UNSG report containing options for the creation of special courts in the region • 2011 report of the UN Special Adviser (Lang Report), narrowing down these options - favours concept of “Somalization” of prosecution • June 2011 UNSG report: - focussing on establishment of Specialized Somali anti-piracy courts 22

  22. WG2 of the Piracy Contact Group • established 2009 • provides specific, practical guidance to CGPCS on legal issues related to prosecution and punishment of pirates • 8 meetings to date 23

  23. WG2 of the Piracy Contact Group • Issues discussed include: • provision of adequate national procedures on prosecution related issues; • legal aspects of post-trial transfers; • criminalization of possession of piracy-related equipment; • ways of improving collection and sharing of data from piracy incidents; • human rights issues; and • private armed guards. 24

  24. WG2 of the Piracy Contact Group • Future work includes: • analysis of court decisions on human rights and criminal law issues; • post-trial transfer arrangements – legal aspects; • methods for obtaining statistics on numbers of prosecution and on numbers of pirates released without prosecution; • legal aspects of air transfers arrangements; • legal issues regarding use of private armed guards; and • legal issues regarding piracy financiers and leaders operating offshore. 25

  25. Djibouti Code of ConductMembership • Adopted in January 2009, the Djibouti Code of Conduct welcomed its 18th Signatory State with the signature of the United Arab Emirates on 18 April 2011 during the Dubai Conference. 26

  26. Djibouti Code of ConductList of Signatory States 27

  27. Djibouti Code Signatory States 28

  28. Djibouti Code of Conduct • Capacity Building is based upon 4 pillars: • Information sharing • Regional Training • National legislation • Operational capacity building 29

  29. Djibouti Code of Conduct • Information Sharing Centres (ISCs) • Sana’a Regional Maritime Information Sharing Centre operational from February 2011 • Mombasa and Dar es Salaam ISCs declared operational in March 2011 • Entire regional web-based information sharing network equipped and operational by end June 2011 30

  30. Djibouti Code of Conduct 31

  31. Djibouti Code of Conduct • Training: • IMO is funding the building of a regional training centre in Djibouti (DRTC) • IMO is running training for all 21 States across all aspects of the capacity building pillars 32

  32. Djibouti Code of Conduct • Training • Regional Training Centre Building: • Memo of Understanding between IMO and Djibouti for transfer of $2.5m in building funds signed in May 2011 • Site clearance has commenced • First funds for building: release imminent 33

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  35. Djibouti Code of Conduct • Djibouti Regional Training Centre (DRTC) • Training needs analysis completed for DRTC • Meeting of Djibouti Code States in May 2011 adopted framework resolution covering: • Mission and TORs DRTC • Regional training coordination process • Programme of training for DRTC for next 12 months 36

  36. Djibouti Code of Conduct • Legal • Review of national laws is ongoing with an emphasis on establishing if a law to counter piracy exists and is enforceable by a States maritime law-enforcement force • Training for regional Ministries of Justice and sea-going law-enforcers in the ROE and procedures for a piracy arrest ongoing in co-operation with UNODC 37

  37. Djibouti Code of Conduct • Other projects: • Provide communications equipment and a jetty in Seychelles • Work with UNODC and UNDP to establish a legal framework for, and commence training of a Somaliland Coastal Monitoring Force scheduled for late 2011 • Partner for counter-piracy training through TRADE process (NATO) tying regional operational capacity to international naval operations 38

  38. Djibouti Code of ConductMaritime Situational Awareness • Link Tanzanian Navy radars and AIS to Dar es Salaam ISC in cooperation with USN – in progress • Contract for partner programme in Kenya has commenced • Fuse Yemen VTS and AIS pictures into Yemen ISC and link to Djibouti AIS system to give Gulf of Aden coverage • Longer term – fuse all AIS and coastal radars into a common picture 39

  39. Future • Once a common picture is being shared it requires sea-going law-enforcement forces to use the information to detect and disrupt pirates, and protect friendly shipping • Thus a regional approach is required to benefit from this regional picture • IMO is doing background work with East African Standby Force Maritime Force (EASF MARFOR) to establish maritime security as a strategic objective under a single regional command structure. • IMO has increased the momentum for operational Coast Guard function training earmarking $5m in funds for 2011/2012. 40

  40. Future • IMO’s maritime situational awareness concept is based upon a practical approach to: • link and share regional maritime data • establish regionally co-operating sea-going law-enforcement forces • Train regional staff to a common standard. .......all set within a legal framework to counter piracy through national updating of piracy law, and the bringing together of all agencies responsible for devising, enforcing and prosecuting that law. 41

  41. Vision • Through the Djibouti Code of Conduct IMO is seeking to give ownership for countering piracy back to regional States 42

  42. QUESTIONS? 21 July 2011 43

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