Transcript The MARS DEBATES

The NIBB MARS DEBATES
Raising Awareness by Understanding
Problems & Consequenes
Of...
Piracy
Piracy
Is not only
Illegal downloading
Nostalgia
A game
Piracy
Is...
Expanding
Piracy
And...
Introduction
AGENDA:
• Somali Piracy –
Introduction by W. Justers
• Piracy – The menace at sea (Steamship DVD abstract)
• Free debate – Q&A: (Guest: Walter Verstrepen – Lawyer - LEGAD)
• Quiz
Piracy
Background info
Development of piracy off Somalia :
•1991 : Fall of Siad Barre Government
Fragmentation – Power vacuum
•Piracy targeting illegal fishing (average income < 2 US$/day)
•2006 : Islamic Courts Union : Pirates risking death penalties
•End 2006 : ICU defeated and TFGS installed
of law and order
•Change in targets, area and modus operandi
•Current situation :
•60% of worldwide piracy incidents
•14 key investors/financiers
•50 pirate gang leaders
•2-3.000 pirates (average age 20)
increase in piracy due to lack
Piracy
Background info
Oceans Beyond Piracy study revealed that in 2010 :
•4.185 seafarers have been under attack by firearms
•1.090 seafarers were taken hostage
•488 seafarers have been subject to torture/abuse
•342 seafarers were rescued from citadels
Piracy
Background info
Statistical information :
•Ransom demands : US$ 7 – 30 M
•Ransom settlements : US$ 2 – 13 M (average 5,6 M)
•Average detention : 176 days (2011)
•Success rate went down from 50% in 2008 to 32% in 2010 and 9,5% in 2011
•Average annual total cost of piracy : US$ 7 B
Piracy
Background info
Piracy
Background info
Attack profiles :
•Outside monsoon season : 80 - 90% of attacks outside GOA
•During monsoon season :
•Reduced frequency
•Mainly in GOA and Southern Red Sea + Gulf of Oman
•2 or more skiffs attacking from stern/quarter (swarming attacks)
•Decoys to diffuse attention
•Usually at dawn/dusk
•Pirated mother vessels blending into traffic in GOA and attacking without warning
•Preferred targets : vessels with slow speed/low freeboard and high value cargoes
Piracy
Background info
Piracy
Current problems
Firm action to protect innocent civilians against violence by pirates is still lacking
•Increased violence and retaliation by Somali pirates
•Insufficient naval and airborne assets to patrol the whole infested area +
insufficient coordination
•Lack of political will to deploy more means to effectively combat piracy and
protect civilians
crisis in Libya
•Lack of political will to prosecute pirates by many countries : 80 – 90% of
captured pirates are released (even if caught red-handed). Some states incl.
Belgium have enacted necessary legislation to prosecute pirates
•Reluctance of masters to provide statements in relation to attempted attacks :
burden of proof issues.
Piracy
Initiatives to improve situation
Djibouti Code of Conduct :
•Signed by 18 regional countries
•Regional cooperation and information sharing
•Anti-piracy training centre being built in Djibouti
•Regional prosecution of captured pirates e.g. Kenya, Seychelles, etc.
•Cooperation with SE Asia ReCAAP
Piracy
Initiatives to improve situation
SOS = Save Our Seafarers campaign :
•Launched May 2011 by several leading shipping industry organisations (Bimco,
ICS, Intertanko, P&I clubs, etc.)
•Appeal to all governments to take urgently firmer action to eradicate piracy off
Somalia and Indian Ocean
•Motivation :
•About 20% of all seaborne trade passing through piracy infested area (40% of
shipborne oil trade)
•Huge cost to shipping (US$ 9,5 G annually)
•Highly stressful situation for seafarers
•Ordeal when being captured
•80 – 90% of all apprehended pirates are released to commit more crime.
Piracy
Initiatives to improve situation
SOS = Save Our Seafarers campaign (contd.)
Key priorities :
•Reduce effectiveness of mother vessels - risk when crew still on board!
•All captured pirates to be delivered for prosecution
•Criminalise piracy under national laws in accordance with int’l conventions
•Deploy more naval assets
•Criminalise those who mastermind and finance piracy
•Enhance protection/support for seafarers
Piracy
Initiatives to improve situation
Piracy – Orchestrating the Response (contd.) Prime Objectives :
•Increase political pressure internationally to expedite release of hostages
•Enhance protection by naval/aerial craft as well as cooperation/coordination
between various navies
•Promote wider/full compliance with BMP
•Provide support to Somalia to develop maritime sector and achieve stability in
the country (Kampala Process)
•Provide assistance to deter/suppress piracy in Somalia and regional States by
bringing perpetrators to justice - robust legal framework and law enforcement
required
•Improve post-piracy care to victims and their families.
Piracy
Initiatives to improve situation
Maritime Piracy – A Humanitarian Response programme : Project to
improve humanitarian response to pirated seafarers developed jointly by
ITF, shipowners, welfare associations, etc.
Setting up network of specialists to assist seafarers and their families
before, during and after kidnap :
•Medically
•Mentally Dignity Hostage Survival :
•Preparing crew for transit and eventual hostage taking (survival skills)
•Psychological/mental counselling post-accident Mission to Seafarers :
Port Chaplains trained in post-traumatic care are assisting seafarers
Piracy
Armed Security Guards
Advantages of VPD/PCASP :
•Not a single vessel having armed guards on board has been hijacked to date
•Positive impact on crew morale (“palpable relief”)
•Veto by crew (vulnerable vessels)
•Voyage can be shortened
Piracy
Armed Security Guards
Industry position :
•BIMCO : from plain opposition to recognition that armed guards are sometimes
needed and drafting standard contract (Guardcon)
•ICS/ISF : acknowledged the benefit of using armed guards (subject approval
Flag State and insurers)
•IUMI : supportive attitude
•P&I clubs : neutral attitude
•Oil Majors : most are opposed
•Flag States : most are neither for or against and many are issuing legislation to
formally allow PCASP on board of merchant vessels under certain conditions.
Piracy
The Future
Chasing pirates at sea only drives them to other areas e.g.
•GoA patrolling
Indian Ocean & Red Sea
•Malacca Strait
South China Sea etc.
Only long term solution to eradicate piracy in Somalia is to remove the roots of
piracy ashore i.e. poverty and power vacuum :
•Stable powerful government in Somalia incl. Puntland
•Develop legal framework and justice department
•Build capacity to deal with piracy on land (Police) and at sea (Coast Guard)
•Economic and social development : funding programmes to implement
sustainable projects ashore
creating alternative livelihoods for Somali people.
Piracy
Ransom settlements
Are ransom payments legal?
• Used to purchase weapons possibly for use in Somali civil war
• Possible link with terrorist groups
• In certain countries governmental policy is not to pay any ransom
• IMO recommendation against negotiations with pirates (MSC 26/06/09)
• Certain authorities (US) recommend not to pay ransoms - potential implications?
Are there any alternatives?
• Realistically none
• Military interventions - repercussions
Piracy
Piracy
Piracy
Q&A