philip holihead head project implementation unit imo

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Philip Holihead Head Project Implementation Unit IMO

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Philip Holihead

Head Project Implementation Unit

IMO

Djibouti Code of Conduct

Information Sharing deliverables

Legislation deliverables

Training deliverables

Capacity Building deliverables

Adopted in January 2009 after 5 years work by IMO to create a regional maritime security apparatus, it is a framework within which 21 States in the western Indian Ocean and the Gulf of Aden combine efforts to counter piracy and armed robbery against ships.

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* Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden

The work outlined in the Djibouti Code of Conduct is aimed at improving regional co-ordination and co-operation based on 4 broad pillars:

• Information sharing

• National Legislation Update

• Regional Training

• Capacity Building

Sana‟a ISC

Mombasa ISC Dar es Salaam ISC

Maldives

Somalia (Somaliland + Puntland)

Djibouti

Egypt Saudi Arabia

Somalia (South Central)

Mauritius

Madagascar

S. Africa

Mozambique Seychelles

Jordan Oman

Comoros

Reunion (France)

PIRACY INFO

IMO UKMTO NSC ReCAAP ISC

Sudan U.A.E.

Kenya

Yemen

Tanzania

Ethiopia

The Regional Information Sharing Network

Shipping

Most States have nominated an office in the Maritime Affairs Administration (policy)

Many States have also nominated a 24/7 operational focal point for information sharing (operational)

The Code indicates that both are required, and that information should be passed quickly both externally to other Participants and shipping and internally to „competent authorities including SAR organizations....‟

Focal

Point

Coast Guard

Marine Police

Custom (Marine)

Port Authorities

Navy

Ship Owners

Seafarers

Ship Registry

Fishery Agencies

Ship Agencies

Government ministries

Internal and

external

information sharing

ISC

• Review information sharing: software, States‟ will to participate, staffing, and capability to share within network and externally.

• Establish that the operational focal point and MRCC link is in place

• Review information sharing mechanism and open up to outside actors, e.g. industry

• Expand sources of information

• Enhance analysis capability of information sharing centres

• Invest in the expansion of the ISN to include real time information and spare bandwidth – Needs assessment for communications (country by

country)

• Tabletop the multi-agency approach to ensure both external and internal information sharing

• Tabletop for effectiveness of Standard Operating Procedures (SOP) and establish a new SOP for requesting information on ISN

• Continue training in handling of information

• Review of staffing and sustainability of ISCs and NFPs – Cost analysis of sustainability of ISN

Review of national laws in cooperation with UNODC is ongoing.

Practical training for national law drafters, sea-going law-enforcers and justice ministry prosecutors in the procedures of a piracy arrest:

Two workshops conducted with UNODC

Enhances inter-agency approach

Will be repeated in 2012 – 1st workshop in Jordan, 25 to 27 June 2012

Direct assistance to a number of States that have requested it :

Djibouti Maritime and Penal Code rationalisation

Mozambique needs assessment visit in July 2012.

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• Check if legislation has provision to criminalize piracy and armed robbery.

• Ensure that States have signed all the relevant international instruments.

• Tabletop the whole legal process: from law writing to prosecution to establish the linkages between agencies.

• Ensure that the law empowers the law enforcers at sea to conduct boarding, arrest and criminal investigation of piracy and armed robbery cases.

Check if the law enforcement is linked to the investigation and prosecution process and check if the judicial process is aware of the previous processes and difficulties of evidence gathering and arrest at sea

Fit the interdiction personnel into the judicial process by joint training of the whole system.

Training is implicit in every Article of the Djibouti Code of Conduct.

If training is to be effective then the right people should be trained, and this only works if the National Focal Point offers training opportunities to all the relevant authorities involved in a State‟s counter-piracy work.

One stop shop which produces the overall regional training plan. Single portal access:

www.edumar.org

Building of a new facility is in progress and currently on schedule for completion by the end of 2012.

• Identify and nominate personnel to be trained in skills to act as both boarding and embarked officers

• Train interdiction and arrest at sea

• Train interdiction personnel into the gathering and protection of evidence

• Train a prosecution service able to prosecute maritime crimes

• Develop joint-training workshops between the law enforcement agency and the judiciary through tabletop exercises

Train the relevant authority to make it capable of investigating cases of piracy and armed robbery against ships

Concentrate training on operational interdiction skills, criminal investigation, and legal training for law enforcement

Continue training of handling of information, both externally and internally

• Create maritime situational awareness (MSA), so that States have information on where illegal acts are taking place and the ability to locate and track suspected vessels (or aircraft)

• Plan and implement MSA in key countries for accurate assessment of risk and ability to react to threats

• Review MRCC‟s role as part of the national response mechanism within the requirements of the DCoC.

• Review the repatriation arrangements for receiving persons that have been subject to maritime crime.

• Establish in the key ports a debriefing process for released ships and victims of piracy;

• Establish a mechanism for passing information from the debriefing process to the relevant authorities (INTERPOL, RAPPIC etc.);

• Generally review crisis management mechanism.

Tabletop a permissive process to allow ships to contact States to request to enter a State‟s territorial waters in pursuit of pirates.

Review medical system for the handling of injured persons; and morgue and forensics for the handling of victims of piracy;

87% of available funds in the Djibouti Code Trust Fund are allocated to projects until the end of 2013.

If the full maritime situational awareness and operational capability enhancement programmes are to be completed then further funds will be required.

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Chris Trelawny Senior Deputy Director

Maritime Safety Division International Maritime Organization

Mr. Ban agreed, in principle, that capacity building in Somalia and neighbouring countries should be enhanced through cooperation between IMO and the UN, UN specialized agencies and other relevant international organizations, building on IMO‟s existing capacity-building activities under the Djibouti Code of Conduct and its associated Trust Fund.

Global counter-piracy programme for 20 years +

Regional maritime security and counter piracy capacity building initiatives in Asia Pacific, West Africa, Latin America and Caribbean and, more recently East Africa and Indian Ocean

Focus on maritime law enforcement, maritime safety, security and environmental protection

Global guidance to Governments, ship owners, ship operators and crews on suppression of piracy

Investigation of offences

Somalia-specific guidance including BMP

Guidance to flag States, coastal and port States, ship-owners, ship operators and ship masters on privately contracted armed security personnel (MSC.1/Circs. 1405/Rev.1, 1406/Rev.1 and 1408)

No decrease in number of attacks

Pirate success rate down due to naval action and better application of IMO guidance and BMP, including use of PCASP, and better situational awareness

Provision of LRIT information to security forces is helpful

Too many seafarers still held hostage

1000 suspected pirates awaiting trial

No credible deterrent

the protection of shipping delivering humanitarian aid on behalf of the World Food Programme and other humanitarian agencies;

the protection of global maritime trade passing

through the waters off the cost of Somalia and, in particular, through the Gulf of Aden; and

the active suppression of piracy and armed robbery in a manner consistent with international law

Djibouti Code of Conduct

Protection of the Southern Shipping Lane (PSSL) initiative

“Kampala Process”

IMO greater focus on developing a sustainable maritime sector for Somalia

Co-operation with relevant UN organizations (FAO, UNPOS, UNODC, WFP)

Support UNPOS in implementing the National Security and Stabilization Plan

build on the work already done by IMO through the “Kampala Process”

Assistance with SOLAS, ISPS Code, MARPOL, London Convention (Dumping) and Facilitation Convention

ISPS Code port security programmes and procedures

Secure port areas as a basis for expansion of security controlled zones in coastal areas and as bases for coast guard

IMO capacity building programme - maritime safety, SAR facilities, maritime situational awareness through LRIT and AIS, security and facilitation

Develop Somali seafarer education, training and certification centres

Identification of future key maritime sector personnel for training at WMU, IMLI, etc

With WCO, develop transparent customs and clearance procedures and to facilitate maritime transport through Somali ports;

With FAO, assist development of sustainable Somali fisheries (Key areas for IMO: vessel safety, seamanship training, maritime situational awareness and maritime law enforcement / fishery protection capability.

IMO will also work with the WFP, flag States, naval forces and the insurance industry to encourage flag States to accept the carriage of military vessel protection detachments (VPDs) and to charter larger, more efficient ships to carry humanitarian aid.

Djibouti Regional Training Centre (DRTC);

With UNODC, enhancement of national legislation

Protection of the Southern Shipping Lanes in the High Risk Area

• Background

• Strategies

• Djibouti Code of Conduct

• Conclusion

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Piracy incidents have spread in the last 5 years from adjacent to the Somali Coast and in the Gulf of Aden (2006) to encompass most of the Indian Ocean (2012).

International navies‟ successes in the Gulf of Aden have seen piracy move to pose a threat to the international trade routes in the Arabian Sea and Southern Indian Ocean.

International navies are resource limited to fulfil their whole mandate, and especially in the deeper Indian Ocean.

• Resource limitations mean that the international navies will be unlikely to move their main focus of operation away from the major international shipping route in the Gulf of Aden and the World Food Programme (WFP)ships to Somalia.

• The result is an increased threat of piracy in the southern shipping lanes. • The most recent piracy attack was off the coast of

Tanzania and was handled by South Africa, Tanzania with assistance from an EUNAVFOR Frigate

• This affects maritime security in littoral States and trade in both littoral and non-coastal States in SE Africa in a region with over 60% of Africa‟s population and which contributes over 50% of Africa‟s GDP and which is a region of growth and development:

• Possibility of destabilization in region;

• Possibility of reducing the investment necessary to grow the potential .

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SADC

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• Adopted in January 2009 after 5 years work by IMO to create a regional maritime security apparatus, it is a framework within which 21 States in the Western Indian Ocean and the Gulf of Aden combine efforts to counter piracy and armed robbery against ships.

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* Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden

The work outlined in the Djibouti Code of Conduct is aimed at improving regional co-ordination and co-operation based on 4 broad pillars:

• Information sharing

• National Legislation Update

• Regional Training

• Operational Capacity Building •Maritime Domain Awareness

•Interoperability

• IMO‟s current Maritime Situational Awareness implementation work is taking place in the SW Indian Ocean where there is both national and regional engagement to counter piracy and other maritime security threats.

• As Maritime Situational Awareness is enhanced, it will allow the region‟s maritime forces to gain better access to information about what is happening in their waters, and more capability to respond to threats. 50

• Recognition of the importance of the „blue economy‟ is a vital part of the growth potential of the African continent.

• The region of the South West Indian Ocean is of particular interest in terms of development and growth for almost half of Africa‟s population.

• The spread of piracy in the Indian Ocean threatens the potential for investment and growth in this region.

• There is a need for preventative action if the growth of the „blue economy‟ in the South West Indian Ocean is to be protected from the spread of piracy.

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• The implementation work to date and the engaged membership of the Djibouti Code of Conduct offer a unique opportunity to focus maritime capacity building in the developing region of the SW Indian Ocean and assist with the SADC Strategy particularly in provision of MDA in non-SADC States.

• Focussed application of the Djibouti Code of Conduct to the sub-region of the SW Indian Ocean, and engagement with regional organizations already developing an enhanced regional maritime law-enforcement capability will mean that this opportunity is not missed.

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IMO is confident that the time is right to develop a sub-regional co-operative mechanism that draws the regional Organizations and States of the SW Indian Ocean together to progress a practical programme of engagement for the:

Protection of the Southern Shipping Lanes in the high risk area.

IMO is seeking additional funds for the Djibouti Code of Conduct Trust Fund for the provision of the materiel, communications equipment and enhanced patrol capability that will be required for this project in addition to the provisions of the ongoing Djibouti Code of Conduct implementation programme.

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