Piracy in African waters: Maritime Zones and Industries at risk

Piracy in African waters: Maritime Piracy in African waters: Maritime Zones and Industries at riskZones and Industries at risk

Prof Henri FouchéProf Henri FouchéUniversity of South AfricaUniversity of South Africa

Camprosa 8-11 November 2011Camprosa 8-11 November 2011

PIRACYPIRACY• Piracy can only be committed on the Piracy can only be committed on the

high seas or in a place outside the high seas or in a place outside the jurisdiction of any statejurisdiction of any state

• Piracy cannot be committed in the Piracy cannot be committed in the ports or harbours or the territorial seaports or harbours or the territorial sea

• IMB definition for statistical purposesIMB definition for statistical purposes

““an act of boarding or attempting to an act of boarding or attempting to board any ship with the intent to board any ship with the intent to commit theft or any other crime and commit theft or any other crime and with the intent or capability to use with the intent or capability to use force in the furtherance of that act”force in the furtherance of that act”Camprosa 8-11 November 2011Camprosa 8-11 November 2011

DIFFERENT ZONES AT SEADIFFERENT ZONES AT SEA

- there are no clear visible borders at there are no clear visible borders at seasea

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

- In each of the different zones In each of the different zones different laws applydifferent laws apply

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


ZONES AT SEAZONES AT SEA• The sea area is divided into 6 zones, The sea area is divided into 6 zones,

defined in geographic terms and defined in geographic terms and relating to their distance from the landrelating to their distance from the land

• -internal waters-internal waters

• -territorial waters-territorial waters

• -contiguous zone-contiguous zone

• -exclusive economic zone-exclusive economic zone

• -continental shelf-continental shelf

• -high seas-high seas


TERRITORIAL SEATERRITORIAL SEA• Sovereignty the same as for the Sovereignty the same as for the

terrestrial territory with the following terrestrial territory with the following exceptionexception

• -International law makes provision for a -International law makes provision for a foreign vessel to pass through the states foreign vessel to pass through the states territory without being hampered and territory without being hampered and without being discriminated against as without being discriminated against as to from where and to where a particular to from where and to where a particular cargo is goingcargo is going

• PROVIDEDPROVIDED

• -Such passage is not prejudicial to the -Such passage is not prejudicial to the peace, good order or security of the peace, good order or security of the coastal statecoastal state Camprosa 8-11 November 2011Camprosa 8-11 November 2011

Rights of foreigners in territorial Rights of foreigners in territorial seasea

• -the right to an environment in which -the right to an environment in which seafarers can exercise innocent seafarers can exercise innocent passage through the sovereign passage through the sovereign territory of a states territorial watersterritory of a states territorial waters

• Inability to ensure safe passage in Inability to ensure safe passage in case of Somalia resulted in UN SC case of Somalia resulted in UN SC Resolutions permitting foreign Resolutions permitting foreign warships to enter sovereign territory warships to enter sovereign territory of Somalia to ensure safety of of Somalia to ensure safety of vessels on passagevessels on passageCamprosa 8-11 November 2011Camprosa 8-11 November 2011

ZONESZONES• CONTIGUOS ZONE – may extend to 24 CONTIGUOS ZONE – may extend to 24

nm from baselinenm from baseline

-Coastal state may exercise control over -Coastal state may exercise control over infringement of its customs, fiscal, infringement of its customs, fiscal, immigration or sanitary lawsimmigration or sanitary laws

EXCLUSIVE ECONOMIC ZONE- may EXCLUSIVE ECONOMIC ZONE- may extend to 200nm from baselineextend to 200nm from baseline

-coastal state may exercise sovereignty -coastal state may exercise sovereignty over the natural resources in this zone over the natural resources in this zone & has right to explore, & has right to explore, exploit,conserve and manage natural exploit,conserve and manage natural resources (fish,plants,oil,gas, resources (fish,plants,oil,gas, diamonds)diamonds)


ZONESZONES• CONTINENTAL SHELF –rich in natural CONTINENTAL SHELF –rich in natural

resourcesresources

- of great commercial interest- of great commercial interest

- fixing outer limits controversial - fixing outer limits controversial

- potential source of border disputes - potential source of border disputes between states between states

HIGH SEASHIGH SEAS

- place outside the jurisdiction of any - place outside the jurisdiction of any statejurisdiction of any state statejurisdiction of any state


--oil major gas fields Mozambique & oil major gas fields Mozambique & TanzaniaTanzania-gas-gas-mining-mining-fishing-fishing

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

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

Industries conducted off the coast of AfricaIndustries conducted off the coast of Africa


OVERVIEW OF PIRACY AND ARMED OVERVIEW OF PIRACY AND ARMED ROBBERY IN AFRICAN WATERSROBBERY IN AFRICAN WATERS

• 1997 – 2007 23% OF ATTACKS WORLDWIDE COAST OF AFRICA1997 – 2007 23% OF ATTACKS WORLDWIDE COAST OF AFRICA

• 2008 60% OF ATTACKS WORLDWIDE COAST OF AFRICA2008 60% OF ATTACKS WORLDWIDE COAST OF AFRICA

• 2011 56% 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 1 January to 21 October 2011 – 369 attacks worldwide reported to ICC IMB Piracy Reporting Centre- 208 or 56% of these attributed ICC IMB Piracy Reporting Centre- 208 or 56% of these attributed to Somali Piratesto Somali Pirates


INCIDENTS REPORTED FOR SOMALIA INCIDENTS REPORTED FOR SOMALIA 1/1/2011 TO 21/10/20111/1/2011 TO 21/10/2011• TOTAL INCIDENTS 208 (WORLDWIDE TOTAL 369)TOTAL INCIDENTS 208 (WORLDWIDE TOTAL 369)

• TOTAL HIJACKINGS 24 (WORLDWIDE TOTAL 36)TOTAL HIJACKINGS 24 (WORLDWIDE TOTAL 36)

• TOTAL HOSTAGES 400TOTAL HOSTAGES 400

• TOTAL KILLED 15TOTAL KILLED 15

• VESSELS HELD CURRENTLY BY Somali pirates 13VESSELS HELD CURRENTLY BY Somali pirates 13

• HOSTAGES 249HOSTAGES 249Camprosa 8-11 November 2011Camprosa 8-11 November 2011

LOCATION OF OTHER WORLDWIDE LOCATION OF OTHER WORLDWIDE INCIDENTS (EXCLUDING AFRICA)INCIDENTS (EXCLUDING AFRICA)

• Indonesia, Malaysia, Myanmar, Indonesia, Malaysia, Myanmar, Philippines, Singapore Straits, South Philippines, Singapore Straits, South China Sea, Vietnam, Bangladesh, India, China Sea, Vietnam, Bangladesh, India, Brazil, Columbia, Costa Rica, Ecuador, Brazil, Columbia, Costa Rica, Ecuador, Guyana, Peru, Venezuela, Mediterranean Guyana, Peru, Venezuela, Mediterranean SeaSea

• Most of these attacks took place on Most of these attacks took place on anchored ships, the attacks underway anchored ships, the attacks underway took place mainly in S E Asia.took place mainly in S E Asia.


EFFECTS ON GLOBAL ECONOMY EFFECTS ON GLOBAL ECONOMY 20102010Source: Presentation by Torben C. Skaanild, secretary general, BIMCO at ICOPAS 2011, 17 – 19 October Source: Presentation by Torben C. Skaanild, secretary general, BIMCO at ICOPAS 2011, 17 – 19 October 2011 WMU Malmo, Sweden)2011 WMU Malmo, Sweden)

• RansomRansom $ 148 mill$ 148 mill

• Insurance premiumsInsurance premiums $ 460 mill - $ 3.2 bill$ 460 mill - $ 3.2 bill

• Re- routingRe- routing $ 2.4 bill - $ 3 bill$ 2.4 bill - $ 3 bill

• Security equipmentSecurity equipment $ 363 mill – 2.5 bill$ 363 mill – 2.5 bill

• Naval forcesNaval forces $ 2 bill$ 2 bill

• ProsecutionsProsecutions $ 31 mill$ 31 mill

• Anti-piracy organisationsAnti-piracy organisations $ 19.5 mill$ 19.5 mill

• Regional economiesRegional economies $ 1.25 bill$ 1.25 bill

TotalTotal $ 7bill - $ 12 bill$ 7bill - $ 12 bill


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

• UNAUTHORISED ACCESS – INCLUDING STOWAWAYSUNAUTHORISED ACCESS – INCLUDING STOWAWAYS

• UNAUTHORISED TAMPERING – INCLUDING CARGO & UNAUTHORISED TAMPERING – INCLUDING CARGO & STORESSTORES

• THEFT – INCLUDING CARGO, STORES & EQUIPMENTTHEFT – INCLUDING CARGO, STORES & EQUIPMENT

• DAMAGE – TO THE SHIPDAMAGE – TO THE SHIP

• HIJACKING – OF SHIPS OR SEIZURE OF PERSONS ON BOARDHIJACKING – OF SHIPS OR SEIZURE OF PERSONS ON BOARD

(Khwela,2009:40)(Khwela,2009:40)Camprosa 8-11 November 2011Camprosa 8-11 November 2011

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

• 3 SHIPS ANCHORED IN CAMEROON3 SHIPS ANCHORED IN CAMEROON

• 1 SHIP ANCHORED IN CONGO1 SHIP ANCHORED IN CONGO

• 2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC 2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC

OF CONGOOF CONGO

• 2 SHIPS ANCHORED IN EGYPT2 SHIPS ANCHORED IN EGYPT

• 3 SHIPS ANCHORED IN GUINEA 3 SHIPS ANCHORED IN GUINEA

• 4 SHIPS ANCHORED IN IVORY COAST4 SHIPS ANCHORED IN IVORY COAST

• 3 SHIPS ANCHORED IN NIGERIA3 SHIPS ANCHORED IN NIGERIA


Africa : Hotspot 1 2011Africa : Hotspot 1 2011

• BENIN Benin had no reported incidents for 2010BENIN Benin had no reported incidents for 2010– 12 reported attacks against tankers since 12 reported attacks against tankers since

March 2011 (Cotonou)March 2011 (Cotonou)– 5 vessels were hijacked – taken to unknown 5 vessels were hijacked – taken to unknown

destination – sacked, looted, cargo stolendestination – sacked, looted, cargo stolen– 6 tankers boarded – armed robberies (8 6 tankers boarded – armed robberies (8

while at anchor, 3 steaming)while at anchor, 3 steaming)

ICC-IMB Piracy and armed robbery against ships report – 01 January – 30 June 2011ICC-IMB Piracy and armed robbery against ships report – 01 January – 30 June 2011


AFRICAN HOTSPOT 2AFRICAN HOTSPOT 2

• NIGERIA : Suspected at least 17 NIGERIA : Suspected at least 17 unreported incidents since January unreported incidents since January 20112011

• Since January 2011 confirmed 3 Since January 2011 confirmed 3 vessels boarded, 2 vessels fired vessels boarded, 2 vessels fired upon, 1 attempted attack (at anchor upon, 1 attempted attack (at anchor and steaming).and steaming).


AFRICAN PORTS (ATTACKS AFRICAN PORTS (ATTACKS SINCE JANUARY 2011)SINCE JANUARY 2011)

• Democratic Rep.of CongoDemocratic Rep.of Congo 44

• EgyptEgypt 11

• GhanaGhana 22

• GuineaGuinea 22

• Ivory CoastIvory Coast 11

(All at anchor)(All at anchor)

ICC – IMB Piracy and armed robbery against ships report 01 January – 30 June 2011)ICC – IMB Piracy and armed robbery against ships report 01 January – 30 June 2011)


TRENDSTRENDS

• Use of guns during attacks on sharp Use of guns during attacks on sharp increaseincrease

• Guns used during attacks in 2011 : 160Guns used during attacks in 2011 : 160

• 154 of these incidents occurred in Africa154 of these incidents occurred in Africa

We must apply gun control – strive for gun free We must apply gun control – strive for gun free portsports


CURRENT STATE OF PROSECUTIONSCURRENT STATE OF PROSECUTIONS• 738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIES738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIES


TRENDS REGARDING TRENDS REGARDING PROSECUTIONPROSECUTION

• Since December 2008 + 2000 pirates capturedSince December 2008 + 2000 pirates captured

• 9 out of 10 have not been prosecuted9 out of 10 have not been prosecuted

Trend – catch and release and disruption the ruleTrend – catch and release and disruption the rule

prosecution the exceptionprosecution the exception

Lang, 2011:21 S/2011/30 Annex to letter dated 24/01/2011Lang, 2011:21 S/2011/30 Annex to letter dated 24/01/2011


LAW ENFORCEMENT LAW ENFORCEMENT APPROACHAPPROACH


INTERPOLINTERPOL


Piracy in African waters: Maritime Zones and Industries at risk

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