piracy in african waters: maritime zones and industries at risk

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Piracy in African waters: Maritime Zones and Industries at risk. Prof Henri Fouch University of South Africa. PIRACY. Piracy can only be committed on the high seas or in a place outside the jurisdiction of any state Piracy cannot be committed in the ports or harbours or the territorial sea - PowerPoint PPT Presentation

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  • Piracy in African waters: Maritime Zones and Industries at riskProf Henri FouchUniversity of South AfricaCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • PIRACYPiracy can only be committed on the high seas or in a place outside the jurisdiction of any statePiracy cannot be committed in the ports or harbours or the territorial seaIMB definition for statistical purposes an act of boarding or attempting to board any ship with the intent to commit theft or any other crime and with the intent or capability to use force in the furtherance of that actCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • DIFFERENT ZONES AT SEAthere are no clear visible borders at seaForeigners can freely cross your zones and have certain rights in your sovereign territoryIn each of the different zones different laws applyThese zones are located in the sea area opposite states with a sea border.

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • ZONES AT SEAThe sea area is divided into 6 zones, defined in geographic terms and relating to their distance from the land-internal waters-territorial waters-contiguous zone-exclusive economic zone-continental shelf-high seasCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • TERRITORIAL SEASovereignty the same as for the terrestrial territory with the following exception-International law makes provision for a foreign vessel to pass through the states territory without being hampered and without being discriminated against as to from where and to where a particular cargo is goingPROVIDED-Such passage is not prejudicial to the peace, good order or security of the coastal stateCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • Rights of foreigners in territorial sea

    -the right to an environment in which seafarers can exercise innocent passage through the sovereign territory of a states territorial watersInability to ensure safe passage in case of Somalia resulted in UN SC Resolutions permitting foreign warships to enter sovereign territory of Somalia to ensure safety of vessels on passage

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • ZONESCONTIGUOS ZONE may extend to 24 nm from baseline-Coastal state may exercise control over infringement of its customs, fiscal, immigration or sanitary laws EXCLUSIVE ECONOMIC ZONE- may extend to 200nm from baseline-coastal state may exercise sovereignty over the natural resources in this zone & has right to explore, exploit,conserve and manage natural resources (fish,plants,oil,gas, diamonds)Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • ZONESCONTINENTAL SHELF rich in natural resources - of great commercial interest - fixing outer limits controversial - potential source of border disputes between states

    HIGH SEAS - place outside the jurisdiction of any statejurisdiction of any state Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • -oil major gas fields Mozambique & Tanzania-gas-mining-fishing

    Threats associated with violation of sea borders-conventional military threat-piracy

    -smuggling-terrorism-pollution-illegal immigration-illegal exploitation of resources

    Industries conducted off the coast of Africa Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • OVERVIEW OF PIRACY AND ARMED ROBBERY IN AFRICAN WATERS1997 2007 23% OF ATTACKS WORLDWIDE COAST OF AFRICA

    2008 60% OF ATTACKS WORLDWIDE COAST OF AFRICA 2011 56% OF ATTACKS WORLDWIDE COAST OF AFRICA

    1 January to 21 October 2011 369 attacks worldwide reported to ICC IMB Piracy Reporting Centre- 208 or 56% of these attributed to Somali PiratesCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • INCIDENTS REPORTED FOR SOMALIA 1/1/2011 TO 21/10/2011TOTAL INCIDENTS 208 (WORLDWIDE TOTAL 369)

    TOTAL HIJACKINGS 24 (WORLDWIDE TOTAL 36)

    TOTAL HOSTAGES 400

    TOTAL KILLED 15

    VESSELS HELD CURRENTLY BY Somali pirates 13

    HOSTAGES 249

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • LOCATION OF OTHER WORLDWIDE INCIDENTS (EXCLUDING AFRICA)Indonesia, Malaysia, Myanmar, Philippines, Singapore Straits, South China Sea, Vietnam, Bangladesh, India, Brazil, Columbia, Costa Rica, Ecuador, Guyana, Peru, Venezuela, Mediterranean SeaMost of these attacks took place on anchored ships, the attacks underway took place mainly in S E Asia.Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • EFFECTS ON GLOBAL ECONOMY 2010Source: Presentation by Torben C. Skaanild, secretary general, BIMCO at ICOPAS 2011, 17 19 October 2011 WMU Malmo, Sweden)Ransom$ 148 millInsurance premiums$ 460 mill - $ 3.2 billRe- routing$ 2.4 bill - $ 3 billSecurity equipment$ 363 mill 2.5 billNaval forces$ 2 billProsecutions$ 31 millAnti-piracy organisations$ 19.5 millRegional economies$ 1.25 bill Total$ 7bill - $ 12 bill

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • TYPES OF THREAT TO SHIPS : UNDERWAY IN PORT LIMITS, AT ANCHOR OR BERTHED ALOGSIDE (ISPS CODE AND MARITIME SECURITY REGULATIONS)UNAUTHORISED ACCESS INCLUDING STOWAWAYS

    UNAUTHORISED TAMPERING INCLUDING CARGO & STORES

    THEFT INCLUDING CARGO, STORES & EQUIPMENT

    DAMAGE TO THE SHIP

    HIJACKING OF SHIPS OR SEIZURE OF PERSONS ON BOARD (Khwela,2009:40)

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • 1 JANUARY TO 31 DECEMBER 2010 : Actual attacks against ships at anchor: Africa3 SHIPS ANCHORED IN CAMEROON1 SHIP ANCHORED IN CONGO2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC OF CONGO2 SHIPS ANCHORED IN EGYPT3 SHIPS ANCHORED IN GUINEA 4 SHIPS ANCHORED IN IVORY COAST3 SHIPS ANCHORED IN NIGERIA

    Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • Africa : Hotspot 1 2011BENIN Benin had no reported incidents for 2010 12 reported attacks against tankers since March 2011 (Cotonou) 5 vessels were hijacked taken to unknown destination sacked, looted, cargo stolen 6 tankers boarded armed robberies (8 while at anchor, 3 steaming)

    ICC-IMB Piracy and armed robbery against ships report 01 January 30 June 2011 Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • AFRICAN HOTSPOT 2NIGERIA : Suspected at least 17 unreported incidents since January 2011

    Since January 2011 confirmed 3 vessels boarded, 2 vessels fired upon, 1 attempted attack (at anchor and steaming).Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • AFRICAN PORTS (ATTACKS SINCE JANUARY 2011)Democratic Rep.of Congo4Egypt1Ghana2Guinea2Ivory Coast1(All at anchor)

    ICC IMB Piracy and armed robbery against ships report 01 January 30 June 2011)Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • TRENDSUse of guns during attacks on sharp increaseGuns used during attacks in 2011 : 160154 of these incidents occurred in Africa

    We must apply gun control strive for gun free portsCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • CURRENT STATE OF PROSECUTIONS738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIESCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • TRENDS REGARDING PROSECUTIONSince December 2008 + 2000 pirates captured

    9 out of 10 have not been prosecuted

    Trend catch and release and disruption the rule

    prosecution the exception

    Lang, 2011:21 S/2011/30 Annex to letter dated 24/01/2011Camprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • LAW ENFORCEMENT APPROACHCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

  • INTERPOLCamprosa 8-11 November 2011

    Camprosa 8-11 November 2011

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