piracy in african waters: maritime zones and industries at risk prof henri fouché university of...

Piracy in African waters: Maritime Zones and Industries at risk

Prof Henri FouchéUniversity of South Africa

Camprosa 8-11 November 2011

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

• IMB 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 act”


DIFFERENT ZONES AT SEA

- there are no clear visible borders at sea

- Foreigners can freely cross your zones and have certain rights in your sovereign territory

- In each of the different zones different laws apply

These zones are located in the sea area opposite states with a sea border.


ZONES AT SEA• The 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 seas


TERRITORIAL SEA• Sovereignty 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 going

• PROVIDED• -Such passage is not prejudicial to

the peace, good order or security of the coastal state


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 waters

• Inability 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


ZONES• CONTIGUOS 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)


ZONES• CONTINENTAL 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

state jurisdiction of any state


-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


OVERVIEW OF PIRACY AND ARMED ROBBERY IN AFRICAN WATERS

• 1997 – 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 Pirates


INCIDENTS REPORTED FOR SOMALIA 1/1/2011 TO 21/10/2011• TOTAL 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 249Camprosa 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 Sea

• Most of these attacks took place on anchored ships, the attacks underway took place mainly in S E Asia. 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 mill• Insurance premiums $ 460 mill - $ 3.2

bill• Re- routing $ 2.4 bill - $ 3 bill• Security equipment $ 363 mill – 2.5 bill• Naval forces $ 2 bill• Prosecutions $ 31 mill• Anti-piracy organisations $ 19.5 mill• Regional economies $ 1.25 bill Total $ 7bill - $ 12 bill


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)


1 JANUARY TO 31 DECEMBER 2010 : Actual attacks against ships at anchor: Africa

• 3 SHIPS ANCHORED IN CAMEROON

• 1 SHIP ANCHORED IN CONGO

• 2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC

OF CONGO

• 2 SHIPS ANCHORED IN EGYPT

• 3 SHIPS ANCHORED IN GUINEA

• 4 SHIPS ANCHORED IN IVORY COAST

• 3 SHIPS ANCHORED IN NIGERIA


Africa : Hotspot 1 2011

• BENIN 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

AFRICAN HOTSPOT 2

• NIGERIA : 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).


AFRICAN PORTS (ATTACKS SINCE JANUARY 2011)

• Democratic Rep.of Congo 4• Egypt 1• Ghana 2• Guinea 2• Ivory Coast 1(All at anchor)

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

TRENDS

• Use of guns during attacks on sharp increase

• Guns used during attacks in 2011 : 160• 154 of these incidents occurred in Africa

We must apply gun control – strive for gun free ports


CURRENT STATE OF PROSECUTIONS• 738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIES


TRENDS REGARDING PROSECUTION

• Since 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

LAW ENFORCEMENT APPROACH


INTERPOL


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