What is piracy?

 

Historical background and data

 

Development of SUA convention


The International Maritime Bureau Piracy Reporting Centre


Statistical data

 

Initiatives to counter piracy and armed robbery at sea

 

Piracy off Somalia

 

Documents

Related subject: maritime security

 

References

 

 

 


 What is piracy?

 

The following definition of piracy is contained in article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS):

“Piracy consists of any of the following acts:

(a)   any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

       (i)  on the high seas, against another ship or aircraft, or against persons or property on board such ship
or aircraft;

       (ii)  against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b)   any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts
making it a pirate ship or aircraft;

(c)   any act inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).”

 

 


 Historical background and data

In October 1999, the cargo ship Alondra Rainbow left the Indonesian port of Kuala Tanjung bound for the port of Mike in Japan. It never arrived. Instead, the ship was boarded by armed pirates who put the 17 crew members in an inflatable liferaft and set them adrift. Although they were passed by six ships, it was not until eleven days later that they were finally rescued by fishermen.

In September 1998, the Panama-registered Tenyu also disappeared in the Straits of Malacca while en route from Indonesia for the Republic of Korea with a cargo of aluminium ingots. It later reappeared, but with a different name and crew. It is almost certain that the original crew of 17 were murdered.

In November 1998, the bulk carrier MV Cheung Son was attacked by pirates in the South China Sea. Its crew of 23 were shot and their bodies thrown overboard, weighted down to make them sink. Not all did so. Fishermen off the coast of China later found six bodies in their nets, still bound and gagged.

These attacks would be shocking if they were isolated cases. But according to reports compiled by the International Maritime Organization (IMO), between 1984 and the end of November 1999, there had been 1,587 attacks by pirates on ships around the world. In some areas these attacks involved a disturbing increase in violence. IMO estimates that incidents of piracy and armed robbery against ships are under-reported by a factor of two. Several reasons have been suggested, including fear that a successful act of piracy will reflect on the master's competence; concern that such a report would embarrass the State in whose territorial waters the act occurred (the coastal State); the belief that an investigation would disrupt the vessel's schedule; and the possibility that shipowners' insurance would increase. The IMO figures show that, between June and November 1999 one security guard was killed, one crew member went missing, thirteen crew members were assaulted and thirteen others were taken hostage, while two ships were hijacked or destroyed. The yearly statistics of incidents since 1984 and on a monthly basis for 2001 are shown below.

To most people, the surprising thing is not that piracy can be violent, but that it is happening at all. Although piracy has existed almost as long as shipping and trade, it seemed by the end of the 19th century that it had at last been eliminated. In more recent times, it was regarded as an interesting historical problem associated with the skull and crossbones flag, galleons of gold and villains carrying cutlasses: wicked, but with a dash of excitement and even romance. The fact that piracy was always a crime, often vicious and usually murderous, was forgotten or ignored.

In fact piracy had not disappeared. During the 1970s and 1980s, attacks on merchant ships began to increase. They were often small in scale and rarely involved physical injury to those who were attacked but it was a problem that soon could no longer be ignored.


Piracy becomes a problem
In 1983, Sweden submitted a paper to the Maritime Safety Committee (MSC), IMO's most senior technical body, which stated that piratical attacks had grown to such an extent that the situation had become "alarming". Most attacks at that time were taking place at night on ships anchored off the coast of West Africa, usually waiting for a berth in port. The International Maritime Bureau, which had been established by the International Chamber of Commerce in 1979, mainly to deal with maritime fraud, said that similar attacks had been recorded as far back as 1970. Thereafter, the MSC prepared a draft text, which was used as the basis for a resolution adopted by the IMO Assembly in November 1983 (resolution A.545 (13)).

The 1983 resolution noted with great concern the increasing number of incidents involving piracy and armed robbery and recognizes the grave danger to life and the grave navigational and environmental risks to which such incidents can give rise. It then 'urges Governments concerned to take, as a matter of highest priority, all measures necessary to prevent and suppress acts of piracy and armed robbery from ships in or adjacent to their waters, including strengthening of security measures.'

The resolution 'invites Governments concerned and interested organizations to advise shipowners, ship operators, shipmasters and crews on measures to be taken to prevent acts of piracy and armed robbery and minimise the effects of such acts.' It further invites Governments and organizations concerned to inform IMO of action taken to implement the aims of the resolution and recommends Governments concerned to inform IMO of any act of piracy or armed robbery committed against a ship flying the flag of their country, indicating the location and circumstances of the incident.

Finally, it requests the IMO Council to keep the matter under review and take such further action as it may consider necessary in the light of developments.

In April 1984, the MSC established "Piracy and armed robbery against ships" as a separate and fixed item in its work programme. The Committee decided that as a first step it would be necessary to have an indication of the scale of the problem, the areas in which attacks were prevalent and as much other information as possible. Under this agenda item, the Committee receives a summary of all reports on piracy and armed robbery against ships submitted by Member Governments and international organizations in consultative status.

The reports contained the names and descriptions of the ships attacked, their positions and times of attack, consequences to the crew, ship or cargo and actions taken by the crew and coastal States to which the incidents were reported. The reports were compiled at first twice a year, then quarterly and now they are circulated monthly, with quarterly and annual summaries. In 1986, the MSC decided that reports on piracy and armed robbery against ships received by the Secretariat, should be forwarded to the port or coastal States concerned, for comments and advice on the actions they had taken with regard to the incidents reported and that any relevant information provided by the coastal States should be reported to its future sessions.

In 1985, IMO’s 14th Assembly adopted resolution A.584 (14) on Measures to prevent unlawful acts, which threaten the safety of ships and the security of their passengers and crews. Resolution A. 584(14) notes “with great concern the danger to passengers and crews resulting from the increasing number of incidents involving piracy, armed robbery and other unlawful acts against or on board ships, including small craft, both at anchor and under way”.

The resolution invited the Maritime Safety Committee (MSC) to develop detailed and practical technical measures to ensure the security of passengers and crews on board ships, taking into account the work of the International Civil Aviation Organization (ICAO) in the development of standards and recommended practices for airport and aircraft security.

In December 1985 the United Nations General Assembly called upon IMO “to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures”.

In view of the continuing rise in the number of such unlawful acts reported and realizing that many others were not brought to the attention of the Organization, the IMO Assembly in 1991 adopted resolution A.683 (17) - Prevention and suppression of acts of piracy and armed robbery against ships, which urged Member Governments to report to the Organization all incidents of piracy and armed robbery against ships under their flags and invited coastal States to increase their efforts to prevent and suppress such acts committed in their waters.


A global threat

Piracy became a major international problem two decades ago and has occurred in a number of areas.


 West Africa

Between 1982 and 1986, West Africa - particularly Nigeria - had the highest reported number of cases of piracy and armed robbery. About 25 cases were reported annually, mainly against ships at anchor awaiting berth. Typically, a gang of up 10 people would board the ship at night, threatened the crew with knives, overpowered them and then go on to break into cargo containers and stole their contents.

Between 1984 and 1985, the Nigerian authorities, using the combined resources of the navy, police and customs, collected enough intelligence to swoop on piracy bases and the outlets, which were used for disposing of the stolen goods. The result was dramatic because by 1986, only occasional isolated incidents were reported from Lagos and Bonny ports, which had been the hot spots for such attacks. However, in 1998, 22 incidents were reported in West Africa. In 2001, 58 incidents piracy and armed robbery occurred in West Africa.


 Malacca Strait


Prior to 1989, the Malacca Strait was considered to be relatively safe with about seven cases of piracy and armed robbery, were reported annually from the area. However, the figure rose to 28 in 1989 and by 1991, it had gone up to about 50 incidents.

The Malacca Strait gave particular cause for concern because it is one of the busiest waterways in the world, being used by up to 200 ships daily. The Strait, in some stretches, is shallow and narrow and requires precise navigation. The pattern used by the pirates was to board a steaming ship at night, undetected and make their way to the ship's bridge. Once there, they would overpower the officer of the navigational watch and either tie him up or hand cuff him to the rail while the rest of the gang made for the master's and crew cabins to demand money and valuables. Apart from the danger to the crew of the ship under attack, there was the horrifying hazard posed by a ship often carrying dangerous cargoes, steaming at full speed, unattended, in confined waters.

In 1992, a Working Group composed of experts from ten IMO Member countries, including experts from the three littoral States of the Malacca Strait (Indonesia, Malaysia and Singapore), was established to prepare a report outlining the problem in the Strait of Malacca. The Working Group visited Indonesia, Malaysia and Singapore between February and March 1993, and prepared a report covering navigation, radiocommunications, search and rescue and piracy and armed robbery in the Malacca Strait region.

The report was considered by the MSC at its sixty-second session in May 1993 and two circulars were issued as a result. The first one (MSC/Circ. 622) contained Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships. The second (MSC/Circ. 623) was on Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships. Later that year, the IMO Assembly adopted a new resolution A.738 (18) recommending additional measures to prevent and suppress piracy and armed robbery against ships.


The resolution:

•

recommended that masters of ships immediately report attacks or threats of attack to the nearest rescue and co-ordination centre and request such co-ordination centres to immediately warn shipping in the immediate vicinity of the attack, as well as inform promptly the local security forces to implement any contingency plans they have for dealing with such incidents;

•

requested the Maritime Safety Committee to adopt a special signal for use by ships under attack or threat of attack. IMO, working in collaboration with the International Telecommunication Union (ITU) and the International Mobile Satellite Organization (Inmarsat) has included "Piracy/armed robbery attack" as a category of distress message, which ships can now transmit through either their DSC (Digital Selective Calling) or Inmarsat equipment by pressing a button. The message can be received automatically by shore stations and ships in the vicinity.

•

an invitation and recommendation to shipmasters to use such facilities was circulated to Member Governments by MSC/Circ.805 of 6 June 1997. But masters of ships under attack or threat of attack are warned about using the facility if they have been ordered by the pirates to maintain radio silence. This is because there is equipment available capable of detecting all radio signals, including satellite communications, to which the pirates may have access.

Prior to the establishment of the Working Group, the three littoral States of the Malacca Strait (Indonesia, Malaysia and Singapore), in response to the concerns expressed by IMO, had started implementing a co-ordinated patrol and other counter-measures in the region. These measures, which started in 1992, resulted in a marked decline in the number attacks in the region. In 1998 six incidents were reported in the Malacca Strait but in 2001, 58 incidents occurred.


South China Sea

Statistics compiled over the 7-month period from May to December 1993 for South China Sea showed that 42 incidents were reported in the East and South China Sea out of 67 worldwide. Most of the attacks took place in international waters and in some cases firearms were used.

A number of reports described persons attempting to stop and board the ships in the guise of officials or wearing uniforms. It was not possible to confirm whether those involved were officials acting within their jurisdiction, officials acting outside their normal duties or private individuals dressed as officials. In the majority of the cases, such persons were armed with weapons such as pistols and assault rifles.

Fishing vessels, particularly around the Philippines, also received the attention of pirates and armed robbers. Very often, they were waylaid by faster boats that came alongside them while streaming. The attacking boat would synchronise its speed with that of its target and the armed bandits would simply climb over the gunwale of the ship under attack, leaving some gang members in their boats as guards. The bandits operated swiftly and accurately, taking the fish catch, boat engines, fuel, personal effects, or worse, the boat itself.

Effective law enforcement is difficult in the area of the South China Sea because of its vastness (more than 200 miles wide) and the fact that it is dotted with several uninhabited islands to which the pirates can retreat. The problem has been exacerbated by the lack of co-operation, particularly exchange of information, between the law enforcement agencies of the neighbouring countries and some disputes over territorial limits. Of the 210 cases of piracy and armed robbery reported worldwide in 1998, incidents in the South China Sea accounted for 98 and in 2001, 116 incidents were reported.


South America


Attacks have been reported in various ports in South America including Colombia, Venezuela, the Guianas and the Caribbean. A total of 38 attacks were reported in 1998. In 2001, 23 cases were reported. Attacks usually occur in ports or anchorages and occasionally, extreme violence has been reported.


In October 1998, therefore, experts were sent to South East Asia and Central and South America to discuss the situation and consider counter-measures.

The South East Asia group visited Manila (Philippines), Kuala Lumpur (Malaysia) and Jakarta (Indonesia). The mission was undertaken against some disturbing statistics showing that, over the period from 1995 to the present, 244 incidents took place in the South China Sea and Malacca Strait areas out of 715 worldwide. Of the incidents reported in the two areas:

 

•

86.5% had taken place in territorial waters or within ports

•

56% concerned ships at anchor or at berth; in 23% of the reported incidents, violence had been used and in 16% violence had been threatened.

The principal purpose of the mission was to increase awareness of the problem; impress upon the Governmental representatives concerned the need for action; and, more importantly, motivate political will to act at national and regional levels. The mission was followed up by a seminar held in Singapore in February 1999. High-level Governmental representatives of the countries visited participated in the meetings, which were characterized by an open and frank exchange of views and clear expressions of political will to act at national and regional.

The second mission visited the Brazilian ports of Santos and Rio de Janeiro in October 1998. Between those two visits, a seminar and workshop on piracy and armed robbery against ships was conducted in Brasilia, which was attended by representatives of the Governments of Brazil, Colombia, Panama, Suriname and Venezuela and observers from Chile, Mexico, Peru and Uruguay.

The main objective of the Brasilia seminar was to improve safety at sea by assisting Governments to implement the guidelines annexed to MSC circulars 622 and 623, which were issued in 1993. It also aimed at considering the development of co-operation agreements between neighbouring countries for co-ordinated patrols and other appropriate measures.

During evaluation of the national reports on the piracy/armed robbery situation in their countries presented by the delegations attending the seminar and workshop, two important characteristic of the prevailing situation in Latin America, emerged:

•

the modus operandi of pirates and armed robbers substantially differs from that in the Far East region with most of the attacks in Latin America taking place while ships are at berth or at anchor

 

 

•

drug-related piracy may increase in future unless a concerted effort is promptly undertaken by the countries concerned.


The seminar and workshop, whilst recognizing that, with the involvement of a considerable number of national authorities sharing responsibility on the issue, bureaucracy was inevitable, agreed that co-ordination of any activity undertaken in this respect should be vigorously sought at all levels.


 MSC 71: May 1999
The MSC discussed piracy and armed robbery at its seventy-first session in May 1999, including the outcome of the two missions to South America and South East Asia. It noted that the main problems in dealing with pirates and armed robbers were:

•

the economic situation prevailing in the regions concerned

•

resources constraints on law enforcement agencies

•

lack of communication and co-operation between the agencies involved

•

the time taken to respond after an incident has been reported

•

general problems in reporting incidents, such as alerting the nearest coastal State as well as other ships in the area of a ship under attack or threat of attack

•

timely and proper investigation of incidents

•

prosecution or pirates and armed robbers when apprehended

•

lack of regional co-operation


The Committee’s main conclusions were incorporated into the revised MSC Circulars 622 and 623.

Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships ( MSC/Circ. 622/rev. 1)

The circular, first issued in 1993, was revised in 1999 on the basis of recommendations made by regional seminars in Brasilia, Brazil in 1998 and Singapore in 1999. The circular makes a number of recommendations:

•

before embarking on any set of measures or recommendations, it is imperative for governmental or other agencies concerned to gather accurate statistics of the incidents of piracy and armed robbery against ships, to collate these statistics under both type and area and to assess the nature of the attacks with special emphasis on types of attack, accurate geographical location and modus operandi of the wrongdoers and to disseminate or publish these statistics to all interested parties in a format that is understandable and usable

•

representatives of shipowners and seafarers should also be involved in developing counter-measures

•

States should develop Action Plans on preventing and responding to attacks and also on dealing with any pollution that might result from an attack (for example, as a result of a collision or grounding)

•

necessary infrastructure and operational arrangements should be established to prevent and suppress piracy and armed robbery against ships

•

an incident command system for tactical as well as operational response should be set up and be integrated with other security matters, such as smuggling, drug trafficking and terrorism

•

all attacks or threats of attacks are reported to the local rescue co-ordination centre (RCC) or coast radio station. The RCC should in turn inform local security authorities and other ships in the area.


Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships (MSC/Circ.623/Rev. 1)

This circular was also first adopted in 1993 and revised in 1999. It outlines steps that should be taken to reduce the risk of such attacks, possible responses to them and the vital need to report attacks, both successful and unsuccessful, to the authorities of the relevant coastal State and to the ships' own maritime Administration.

The circular states that the main targets of the South East Asian attacker appear to be cash in the ship's safe, crew possessions and any other portable ship's equipment, even including coils of rope. In South America some piracy and armed robbery attacks are drug related. When there has been evidence of tampering with containers, it has been suggested that the raiders may initially have gained access when the ship was berthed in port and then gone over the side, with what they could carry. Thorough checking of ships' compartments and securing before leaving ports is therefore recommended.

The circular stresses the need to reduce temptation for pirates and armed robbers. The belief that large sums of cash are carried in the master's safe attracts attackers. On several occasions this belief has been justified and substantial sums have been stolen. While carrying cash may sometimes be necessary to meet operational needs and crew requirements and to overcome exchange control restrictions in some States, it acts as a magnet for attackers and they will intimidate the master or crew members until the locations have been revealed. Shipowners should consider ways of eliminating the need to carry large sums of cash on board ship. When this need arises because of exchange control restrictions imposed by States, the matter should be referred to the ship's maritime Administration to consider if representations should be made to encourage a more flexible approach as part of the international response to eliminate attacks by pirates and armed robbers.

Other provisions of the circulars are:

•

masters should bear in mind the possibility that attackers are monitoring ship-to-shore communications and using intercepted information to select their targets

•

all ships expected to operate in waters where attacks occur should have a ship security plan, which should cover such matters as

•

the need for enhanced surveillance and the use of lighting, surveillance and detection equipment

•

crew responses, if a potential attack is detected or an attack is underway

•

the radio alarm procedures to be followed

•

the reports to be made after an attack or an attempted attack.

•

ship security plans should ensure that masters and crews are made fully aware of the risks involved during attacks by pirates or armed robbers

•

precautions must be exercised in port or at anchor, watchkeeping and vigilance, communications procedures, radio watchkeeping and responses including message formats

•

strongly discourages the use of firearms

•

outlines action to be taken if the attackers succeed in boarding the ship, action after an attack and how to report incidents.


In the wake of the tragic events of 11 September 2001 in the United States of American, IMO revisited the measures it has already adopted to combat acts of violence and crime at sea.

During the 22nd Assembly of IMO from 19-30 November 2001 in London, a Conference on Maritime Security will be organized in December 2002 to adopt a new resolution to enhance ship and port security and avert shipping from becoming a target of international terrorism.

The Assembly also agreed to a significant boost to the Organization’s technical co-operation programme of UK£1.5 million, to help developing countries address maritime security issues.

The new resolution calls for a review of the existing international legal and technical measures to prevent and suppress terrorist acts against ships at sea and in port and improve security aboard and ashore. The aim is to reduce risks to passengers, crews and port personnel on board ships and in port areas and to the vessels and their cargoes.

Apart from revision of practical preventative measures advocated by IMO, it is also important to ensure that criminals who have perpetrated acts of violence at sea be properly brought to trial and punished. IMO’s Legal Committee, at its 83rd session (8-12 October 2001) agreed to review the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 (the SUA treaties) as a priority item in its work programme for 2002-2003.

In September 1986, the MSC approved MSC/Circ.443 on Measures to prevent unlawful acts against passengers and crew on board ships, intended for application to passenger ships engaged on international voyages of 24 hours or more and the port facilities which service them.

The measures state that Governments, port authorities, administrations, shipowners, shipmasters and crews should take appropriate measures to prevent unlawful acts, which may threaten passengers and crews. The measures stress the need for port facilities and individual ships to have a security plan and appoint a security officer. The measures describe in detail the way in which security surveys should be conducted and the security measures and procedures, which should be adopted. Another section covers security training.

In 1996, the MSC/Circ.754 on passenger Ferry Security was approved by the MSC, which gives recommendations on security measures for international passenger ferries and ports, which is aimed at ferry journeys shorter than 24 hours.


 Development of SUA convention

In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a convention on the subject of unlawful acts against the safety of maritime navigation and submitted a draft proposed convention, which would aim to fill the gap in the present system regarding the suppression of such acts. The proposed convention would provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole.

As a result, in March 1988, a conference in Rome adopted the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988(SUA). It includes provisions for the absolute and unconditional application of the principle either to punish or to extradite persons who commit or who are alleged to have committed offences specified in the convention.

A protocol extends the provisions of the convention to unlawful acts against fixed platforms located on the Continental Shelf (Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988). The two instruments both entered into force on 1 March 1992.

The main purpose of the SUA treaties is to ensure that appropriate action is taken against persons committing unlawful acts against ships (and fixed platforms on the continental Shelf), which include the seizure of ships by force, acts of violence against persons on board ships, and the placing of devices on board a ship which are likely to destroy or damage it. The treaties oblige Contracting Governments either to extradite or prosecute alleged offenders.


 The International Maritime Bureau Piracy Reporting Centre

Indignation in the shipping industry at the alarming growth in piracy on the world's oceans prompted the creation of the International Maritime Bureau's Piracy Reporting Centre in October 1992. Located at the Bureau’s Far East Regional Office in Kuala Lumpur, Malaysia, the centre is financed by voluntary contributions from shipping and insurance companies, and its services are free of charge to all vessels irrespective of ownership or flag.

The centre supplies investigating teams that respond immediately to acts of piracy and collect evidence for law enforcement agencies. This service is funded by the International Transport Workers' Federation. Specific Piracy Reporting Centre tasks are to:

•

report piracy incidents and armed robbery at sea to law enforcement agencies

•

locate vessels that have been seized by pirates and recover stolen cargoes

•

help to bring pirates to justice

•

assist owners and crews of ships that have been attacked

•

collate information on piracy in all parts of the world.

 

The IMB Piracy Centre maintains a round-the-clock watch every day of the year. In close collaboration with law enforcement, the centre acts on reports of suspicious shipping movements, piracy and armed robbery at sea anywhere in the world. The centre broadcasts daily status bulletins via satellite recording pirate attacks on shipping in the East and South East Asian region. Quarterly reports are made available to interested bodies, including IMO.

More on the IMB Piracy Reporting Centre on their website http://www.icc-ccs.org/imb/overview.php
 

Statistical data

IMO Reports on piracy and armed robbery

Number of ships and lives lost due to piracy and armed robbery

 

 
 Initiatives to counter piracy and armed robbery at sea

IMO is implementing an anti-piracy project, a long-term project which began in 1998. Phase one consisted of a number of regional seminars and workshops attended by Government representatives from countries in piracy-infested areas of the world; while phase two consisted of a number of evaluation and assessment missions to different regions. IMO's aim has been to foster the development of regional agreements on implementation of counter piracy measures.

The Regional Co-operation Agreement on Combating Piracy and Armed Robbery against ships in Asia (RECAAP), which was concluded in November 2004 by 16 countries in Asia, and includes the RECAAP Information Sharing Centre (ISC) for facilitating the sharing of piracy-related information, is a good example of successful regional co-operation which IMO seeks to replicate elsewhere.

More recently, a programme of sub-regional meetings was initiated to promote regional action to address piracy and armed robbery against ships in the wider context of maritime security. The first of these was held in Sana'a, Yemen in April 2005 for States in the Red Sea and Gulf of Aden areas, with a follow-up held in Oman in January 2006.

The Meeting on the Straits of Malacca and Singapore: Enhancing Safety, Security and Environmental Protection, held in Jakarta, Indonesia in September 2005 also addressed the issues of piracy and armed robbery against ships. Further initiatives under this programme are scheduled for the Caribbean, South Asia, Asia Pacific and West and Central Africa in 2006. Missions to follow up these events and meetings in other regions will commence later in the year.

To assist in anti-piracy measures, IMO issues reports on piracy and armed robbery against ships submitted by Member Governments and international organizations. The reports, which include names and descriptions of ships attacked, position and time of attack, consequences to the crew, ship or cargo and actions taken by the crew and coastal authorities, are now circulated monthly, with quarterly and annual summaries.

IMO has issued the following circulars:

Directives for Maritime Rescue Co-ordination Centres (MRCCs) on Acts of Violence against Ships (MSC/Circ.1073).

Additional guidance on ship security alert systems and other security alerts has been issued as:

-      Guidance on Provision of Ship Security Alert Systems (MSC/Circ.1072);

-      False security alerts and distress/security double alerts (MSC/Circ.1109/Rev.1); and

-      Guidance on the message priority and the testing of ship security alert systems (MSC/Circ.1155).

In November 2001, the IMO Assembly adopted the Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships (resolution A.922(22)) as well as Measures to prevent the registration of phantom ships (resolution A.923(22)).

The 24th session of the IMO Assembly in November-December 2005 adopted a resolution on Piracy and armed robbery against ships in waters off the coast of Somalia

Piracy and armed robbery against ships is dealt with by the Maritime Safety Committee (MSC) as well as by the Facilitation Committee.

 

 

 

Piracy off Somalia  


The problem of modern piracy, because of the various connotations it has in the case of Somalia, is difficult and complex and a holistic solution may not be easy to find before outstanding political differences are settled on land.

 

Because the perpetrators of these unlawful acts behave with complete disrespect for civil society, unashamedly provoking the rule of law, there is a need to rise to the challenge, redoubling efforts and taking, Governments and industry alike, all the necessary measures to eradicate the scourge.

In November 2008, IMO Secretary-General Efthimios Mitropoulos briefed the United Nations Security Council (while it was considering the situation in Somalia in the context of the UN Secretary-General's regular report), placing particular emphasis on the three areas of concern to IMO relevant to the situation off Somalia and in the Gulf of Aden, namely:





 

From the response of the Security Council and other entities concerned, including the African Union, one can be hopeful that the measures taken, and those in the process of implementation, will help to move the political process in Somalia forward; assist the country to establish stability on land; and eventually contribute to the improvement of the situation with regard to piracy off its coast and in the Gulf of Aden. It was, therefore, with satisfaction that the maritime community greeted the news of the Security Council adopting, on 2 and 16 December successively, resolutions 1846 and 1851, extending, for another year, its authorization for countries to enter, under certain conditions, Somalia's territorial waters using "all necessary measures" to counter piracy and armed robbery at sea.

While there have been some positive developments recently (in particular, with regard to the situation in waters off Somalia and the Gulf of Aden, following intense activity in the United Nations Security Council, which led to the deployment, in the region, of naval assets and military aircraft belonging to certain political or defence alliances and several individual countries), the fact remains that, in the absence of adequate national laws, the arrest and prosecution of pirates remains extremely difficult.

It is in consideration of this, and also with the aim of contributing further to the anti-piracy strategy of the Organization (in respect of which all the IMO bodies concerned (the MSC, Council and Assembly) have taken several substantive measures), that IMO considered it both timely and appropriate to undertake a review of the legal situation, in particular with regard to the capture, arrest, prosecution and extradition of alleged offenders so that they may not escape with impunity for their crimes. To this end, Circular Letter 2933 was issued in December 2008, requesting Member States to submit copies of their national legislation together with any pertinent information they may have about their domestic laws aiming at combating piracy and armed robbery against ships and prosecuting the perpetrators of such reprehensible acts. Responses have already been received from a number of countries.

Aan ongoing activity of the Sub-Division for Legal Affairs of IMO, which is being conducted in consultation with the UN Office on Drugs and Crime and the UN Division for Ocean Affairs and the Law of the Sea, concerns the provision of legal advice on the application of the United Nations Convention on the Law of the Sea and the Suppression of Unlawful Acts treaty instruments, which are the overarching international legal instruments to combat piracy at sea.

In the context of Security Council resolution 1851, a Contact Group on Piracy off the Coast of Somalia was established, earlier in the year, with the principal mission of facilitating discussion and coordination of actions among States and organizations aimed at addressing the issue. The Group, which includes the IMO Secretariat, has agreed to establish four working groups, with Working Group Two addressing judicial aspects of piracy. In February 2009, the first meeting of two of the working groups - those addressing, respectively, military and operational coordination, including information sharing, and self-awareness and other capabilities of shipping - met here at the IMO Headquarters. Working Group Two met in early March in Vienna to discuss, specifically, legal issues; and the Contact Group as such held its second meeting in Cairo in the middle of March.

December 2008
On 16 December 2008, the the United Nations Security Council adopted Resolution 1851, whichstates that, for the next year, States and regional organizations cooperating in the fight against piracy and armed robbery at sea off Somalia’s coast -- for which prior notification had been provided by Somalia’s Transitional Federal Government to the Secretary-General -- could undertake all necessary measures “appropriate in Somalia”, to interdict those using Somali territory to plan, facilitate or undertake such acts.

On 2 December 2008, the United Nations Security Council adopted Resolution 1846, which states that for 12 months from 2 December 2008, States and regional organizations cooperating with the Somali Transitional Federal Government (TFG) may enter Somalia's territorial waters and use "all necessary means" -- such as deploying naval vessels and military aircraft, as well as seizing and disposing of boats, vessels, arms and related equipment used for piracy -- to fight piracy and armed robbery at sea off the Somali coast, in accordance with relevant international law.  

November 2008: IMO chief makes direct appeal to Security Council for Somalia piracy action
IMO Secretary-General Efthimios E. Mitropoulos has issued a call at the highest level for a coordinated and cohesive response, both internationally and nationally, to combat the scourge of piracy off the coast of Somalia.

On 20 November, in a personal briefing to the UN Security Council in the context of the latter's consideration of UN Secretary-General Ban Ki-moon's report on the situation in Somalia, Secretary-General Mitropoulos told Security Council members about the scope and extent of the problem which, he said, was a matter of grave concern. He also outlined a series of actions the Security Council might consider taking to address the situation. In particular, he requested that the Security Council take appropriate action:

Mr. Mitropoulos told the Security Council of IMO's threefold concern to:

He added that, notwithstanding IMO's prime concern for the safety of seafarers, the volume of trade transported through the Gulf of Aden makes it imperative that this shipping lane is adequately protected against any acts that might disrupt the flow of traffic through it. He said that, with more than 12% of the total volume of oil transported by sea using that route - not to mention commodities carried by bulk carriers and finished goods transported by containerships - widespread diversions around the Cape of Good Hope, to avoid the trouble spot, would bring about a series of negative repercussions. Such diversions would almost double the length of a typical voyage from the Gulf to Europe thereby increasing fuel consumption, emissions and transport costs, which would have to be passed on eventually to consumers everywhere.

IMO first brought the matter of piracy off Somalia to the attention of the Security Council in 2005. Subsequently, the Security Council issued a Presidential Statement on the subject in March 2006 and adopted resolutions 1816 and 1838, in June and October 2008 respectively.

In spite of a temporary improvement in the situation following the Council's action, the situation has deteriorated dramatically in recent months, with an increase in both the frequency and the ferocity of reported attacks. Of a total of some 440 acts of piracy and armed robbery reported to have taken place off the coast of Somalia since IMO started compiling relevant statistics in 1984, more than 120 attacks have been reported this year alone. More than 35 ships have been seized by pirates and more than 600 seafarers have been kidnapped and held for ransom. Currently, 14 ships and some 280 seafarers from 25 nations are being held hostage in Somalia. Two seafarers have already lost their lives.

According to information received by IMO, the attackers usually employ one of two methods: they either attack ships on the high seas, often at considerable distances from the shore, making use of so-called "mother ships" (as was the case in the audacious hijacking, last Saturday, of the fully laden ULCC Sirius Star in the Indian Ocean some 450 nautical miles from the coast of Kenya); or they attack (and hijack) ships in Somalia's territorial sea, sometimes under the watchful eyes of warships outside those waters but, until the adoption of resolution 1816, not empowered to intervene for fear of breaching international law.

Mitropoulos paid tribute to the efforts of members of the international community, alliances of States and regional organizations, NATO and the European Union in particular, to address the issue by dispatching naval forces and military aircraft to patrol the vast area off the coast of Somalia and in the Gulf of Aden and by escorting vessels used by the World Food Programme to provide humanitarian relief to the Somali people. But he added that, because of the extensive coastline of Somalia (2,105nm or 3,898 kilometres in total of which 659nm or 1,204km in the Gulf of Aden), there was a need for as many naval vessels and military aircraft as possible for the task to be carried out effectively.

IMO has taken action to increase awareness of the problem and, in co-operation with the shipping industry, to advise ships on practicable measures they can take in the event of an attack. Meanwhile, through its technical co-operation programme, the Organization is assisting countries in the region to build capacity to add their contribution to the overall efforts, including putting in place any necessary relevant legislation.

October 2008: United Nations Secretary General supports anti-piracy mandate extension
United Nations Secretary General Ban Ki-moon has pledged his support for an extension of the mandate, given in United Nations Security Council resolution 1816 (2008), enabling States co operating with the Transitional Federal Government of Somalia to enter the country's territorial waters and use all necessary means in order to repress acts of piracy and armed robbery at sea, consistent with relevant international law. That mandate is due to expire on 1 December 2008, i.e. six months after the adoption of the resolution, on 2 June 2008.

IMO Secretary-General Efthimios E. Mitropoulos wrote to Mr Ban in September proposing that the mandate be extended. Mr Ban has now confirmed that he supports the proposal and will be conveying the same to the Security Council, together with the concerns expressed by IMO and international shipping and seafaring organizations.

In a letter to Mr Mitropoulos, Mr Ban said he remains "seriously concerned" about the dangers posed by piracy in the Gulf of Aden and was "acutely aware" of its impact on the ability of the United Nations to deliver humanitarian assistance to Somalia. He also said he was encouraged by the Security Council's adoption, on 7 October 2008, of resolution 1838 (2008) on this issue. Mr Ban added, "We must do more and act quickly to fight this terrible scourge.

Mr Ban's letter came just days after a meeting at IMO, held at the invitation of Mr Mitropoulos, and involving the heads of the four shipping industry bodies known collectively as the Round Table (BIMCO, ICS/ISF, INTERCARGO and INTERTANKO), and the International Transport Workers' Federation (ITF) expressed its own support for an extension of the mandate (see IMO briefing 45/2008).

June 2008
IMO Secretary-General Efthimios E. Mitropoulos has welcomed the adoption yesterday (2 June 2008) by the United Nations Security Council of a resolution authorizing a series of decisive measures to combat acts of piracy and armed robbery against vessels off the coast of Somalia.

Under the terms of resolution 1816 (2008), which was adopted unanimously, the Security Council decided that, following receipt of a letter from Somalia to the President of the UN Security Council giving the consent of Somalia's Transitional Federal Government (TFG), States co-operating with the TFG would be allowed, for a period of six months, to enter the country's territorial waters and use "all necessary means" to repress acts of piracy and armed robbery at sea, in a manner consistent with relevant provisions of international law.

This latest move comes after more than two years of intensive effort by IMO to bring this matter to the attention of the Security Council and to urge concerted action, culminating in the adoption, last November, of a second IMO Assembly resolution on the subject. In welcoming the Security Council resolution, Secretary-General Mitropoulos said that firm action was needed, since the current situation was stifling the flow of much-needed aid to the people of Somalia, jeopardizing the lives of innocent seafarers, fishers and passengers, and adversely affecting international trade.

"I am very pleased with the outcome", said Mr. Mitropoulos, "which I consider a positive step in the right direction, and want to thank all Governments who worked hard on the draft and all those who supported the resolution in its final form, as well as the United Nations Secretary-General for his personal contribution to the end result."

He added, "IMO has been asking, since June 2007, that the Transitional Federal Government of Somalia consent to naval ships entering the country's territorial waters to protect shipping under attack by pirates and armed robbers. This has now been done, through the Security Council resolution, and we should work together to ensure that acts of piracy and armed robbery against ships sailing off the coast of Somalia are prevented and suppressed to the benefit of the Somali people, first and foremost, the seafarers and passengers on ships sailing in the region, the shipping industry and international seaborne trade."

The Security Council text was adopted with the consent of Somalia, which itself lacks the capacity to interdict pirates or patrol and secure its territorial waters. It follows a surge in attacks on ships in the waters off the country's coast, including hijackings of vessels operated by the World Food Programme (WFP) and other commercial vessels - all of which posed a threat "to the prompt, safe and effective delivery of food aid and other humanitarian assistance to the people of Somalia", and a grave danger to vessels, crews, passengers and cargo.

Affirming that the authorization provided in the resolution applies only to the situation in Somalia and shall not affect the rights and obligations under the United Nations Convention on the Law of the Sea, nor be considered as establishing customary international law, the Security Council also requested co-operating States to ensure that anti-piracy actions they undertake do not deny or impair the right of innocent passage to the ships of any third State.

While urging States, whose naval vessels and military aircraft operate on the high seas and airspace adjacent to the coast of Somalia to be vigilant, the Security Council encouraged States interested in the use of commercial routes off the coast of Somalia to increase and co-ordinate their efforts to deter attacks upon and hijacking of vessels, in co-operation with the country's Government. All States were urged to co-operate with each other, with IMO and, as appropriate, with regional organizations, and to render assistance to vessels threatened by or under attack by pirates.

Background
In 2005, the growing number of reported attacks on ships off the coast of Somalia prompted the IMO Assembly to adopt a resolution (A.979(24)), which first brought the matter to the attention of the UN Security Council. This action resulted in a UN Security Council Presidential Statement, issued on 15 March 2006, encouraging UN Member States with naval vessels and military aircraft operating in international waters and airspace adjacent to the coast of Somalia to be vigilant for piracy incidents and to take appropriate action to protect merchant shipping - in particular, ships being used to transport humanitarian aid - against any such act, in line with relevant international law. Subsequently, there was a much-welcomed reduction in acts of piracy and armed robbery in the region.

Nevertheless, the continuing civil conflict and political instability in Somalia later gave rise to renewed attacks on ships and a worrying increase in the number of reported incidents.

In July 2007, IMO and WFP issued a joint communiqué expressing their concern over the situation, in which the supply of much-needed humanitarian aid to the stricken African country was being hampered by pirates and armed robbers whose actions threatened not only the safety of life of those serving or travelling on ships involved, but also jeopardized the prospects of bringing relief to hundreds of thousands of Somalis.

At a meeting in London, also in July 2007, Secretary-General Mitropoulos briefed Mr. Ban Ki moon, the UN Secretary-General, on the situation, in particular on the impact that acts of piracy and armed robbery against ships may have on human life, the safety of navigation and the environment, and requested his support. Following this meeting, the IMO Secretary-General proactively sought the support of Governments, and wrote in this connection to the Minister for Ports and Maritime Transport of the TFG.

On 20 August 2007, the UN Security Council adopted resolution 1772 (2007) on the situation in Somalia, in which, inter alia, it stressed its concern at the upsurge in piracy off the Somali coast and took note of the joint communiqué of IMO and the WFP of 10 July 2007.

In November 2008, renewed calls for action to prevent and suppress acts of piracy and armed robbery against ships, in particular off the coast of Somalia, were made at the 25th session of the IMO Assembly, which adopted a new resolution (A.1002(25)) on Piracy and armed robbery against ships in waters off the coast of Somalia.

The wide-ranging new resolution appealed directly to the TFG. Among other things, it requested the TFG to take any action it deemed necessary to prevent and suppress acts of piracy and armed robbery against ships originating from within Somalia and to ensure that its coastline could not be used as a safe haven from which attacks could be launched. It went on to ask the TFG to take action to ensure that all ships seized by pirates and armed robbers and brought into waters within its territory were released promptly and that ships sailing off the coast of Somalia did not become victims of acts of piracy or armed robbery.

Perhaps most significantly, the resolution asked the TFG to advise the UN Security Council that, in response to a previous request from the IMO Council, of June 2007, it consented to warships or military aircraft entering its territorial sea when engaging in operations against pirates or suspected pirates and armed robbers. In addition, in view of the worsening humanitarian situation in Somalia, the new IMO resolution also asked the TFG to advise the Security Council of its readiness to conclude any necessary agreements so as to enable warships or military aircraft to escort ships employed by the WFP for the delivery of humanitarian aid to Somalia or leaving Somali ports after having discharged their cargo.

November 2007: Assembly - 25th session: 19-30 November 2007
 Piracy off the coast of Somalia
 The Assembly adopted a resolution on piracy and armed robbery against ships in waters off the coast of Somalia, which, among other things, requests the Transitional Federal Government of Somalia to advise the UN Security Council that it consents to warships or military aircraft entering its territorial sea when engaging in operations against pirates or suspected pirates and armed robbers. (See Briefing 47/2007)

June 2007: Council - 98th session: 25-29 June 2007
The IMO Council, meeting for its 98th session in London, has agreed further action to address the continuing incidence of acts of piracy and armed robbery against ships sailing in waters off the coast of Somalia and, in particular, ships carrying humanitarian aid to the country.

The Council endorsed the proposal of IMO Secretary-General Efthimios E. Mitropoulos that United Nations Secretary-General Ban Ki-moon be requested to bring, once again, the piracy situation off Somalia to the attention of the UN Security Council, so that the Security Council can, in turn, request the Transitional Federal Government of Somalia to take action, as it may be deemed necessary and appropriate in the circumstances, to prevent and suppress acts of piracy and armed robbery against ships, including consenting to ships, as defined in Article 107 of UNCLOS, operating in the Indian Ocean, entering its country's territorial waters when engaging in operations against pirates or suspected pirates and armed robbers endangering the safety of life at sea, in particular the safety of crews on board ships carrying, within the activities of the World Food Programme (WFP), humanitarian aid to Somalia or leaving Somali ports after having discharged their cargo. The Council authorized the Secretary-General to take action in accordance with his proposal.

March 2006: United Nations Security Council has urged Member States to use naval vessels and military aircraft in the fight against piracy and armed robbery off the coast of Somalia

December 2005: The 24th session of the IMO Assembly in November-December 2005 adopted a resolution on Piracy and armed robbery against ships in waters off the coast of Somalia.
The resolution was submitted to the Assembly at the recommendation of IMO Secretary-General Efthimios E. Mitropoulos following its approval, in principle, at the meeting of the IMO Council which preceded the Assembly.

The resolution condemns and deplores all acts of piracy and armed robbery against ships and appeals to all parties, which may be able to assist, to take action, within the provisions of international law, to ensure that all acts or attempted acts of piracy and armed robbery against ships are terminated forthwith; any plans for committing such acts are abandoned; and any hijacked ships are immediately and unconditionally released and that no harm is caused to seafarers serving in them.

The resolution authorizes the IMO Secretary-General to submit the resolution to the Secretary-General of the United Nations for consideration and any further action he may deem appropriate, including bringing the matter to the attention of the Security Council, taking into account regional co-ordination efforts.

The IMO Secretary-General is also requested to continue monitoring the situation and to report to the IMO Council on developments; to establish and maintain co-operation with the United Nations Monitoring Group on Somalia; and to consult with interested Governments and organizations to discuss providing technical assistance to Somalia and nearby coastal States to address the problem. This includes taking into account the outcome of the sub regional seminar on piracy and armed robbery against ships and maritime security held in Sana'a, Yemen from 9 to 13 April 2005. A follow-up to this seminar is due to be held in Oman in January 2006.

The resolution respects fully the sovereignty, sovereign rights, jurisdiction and territorial integrity of Somalia and the relevant provisions of international law, in particular the United Nations Convention on the Law of the Sea.

Governments are strongly urged to increase their efforts to prevent and suppress acts of piracy and armed robbery against ships and, in particular, to co-operate with other Governments and international organizations in relation to acts occurring or likely to occur in the waters off the coast of Somalia.

Governments are also strongly urged to:

 

•

issue advice and guidance on any measures or actions they may need to take when they are under attack, or threat of attack, whilst sailing in waters off the coast of Somalia;

 

•

encourage ships to ensure that information on attempted attacks or on committed acts of piracy or armed robbery whilst sailing in waters off the coast of Somalia is promptly conveyed to the nearby coastal States and to the nearest most appropriate Rescue Co-ordination Centre;

 

•

provide a point of contact through which ships entitled to fly their flag may request advice or assistance when sailing in waters off the coast of Somalia and to which such ships can report any security concerns about other ships, movements or communications in the area;

 

•

bring to the attention of the IMO Secretary-General information on attempted attacks or on committed acts of piracy or armed robbery against ships whilst sailing in waters off the coast of Somalia so as to enable him to promptly convey such information to the other Member Governments for their consideration and any action they may deem fit under the prevailing circumstances;

 

•

encourage ships to implement expeditiously, for the ship's protection and for the protection of other ships in the vicinity, any measure or advice the nearby coastal States or any other State or competent authority may have provided;

 

•

establish, as necessary, plans and procedures to assist owners, managers and operators of ships in the speedy resolution of hijacking cases occurring in the waters off the coast of Somalia; and

 

•

investigate all acts or attempted acts of piracy and armed robbery against ships entitled to fly their flag occurring in the waters off the coast of Somalia and to report to IMO any pertinent information.

The resolution also requests the Transitional Federal Government of Somalia to bring the resolution to the attention of the Transitional Federal Assembly, requesting it to initiate appropriate actions suitable to prevent and suppress acts of piracy and armed robbery against ships originating from within Somalia. It requests the Transitional Federal Government of Somalia to bring the resolution to the attention of all other parties concerned in Somalia and seek from them the immediate termination of all acts of piracy and armed robbery against ships sailing in waters off the coast of Somalia.

The IMO Assembly also noted the United Nations World Food Programme's concerns that the current situation is having a negative impact on the prompt and effective delivery of food aid and of other humanitarian assistance to Somalia and poses a serious threat to the health and well-being of the Somali people.

6020th Meeting of the United Nations Security Council: Statement by Mr. Efthimios E. Mitropoulos, Secretary-General of the International Maritime Organization, United Nations Headquarters, New York, United States of America UN Security Council


Documents


UN Security Council
MSC Circular April 2009
Resolution adopted by 25th IMO Assembly
Related IMO Press Briefings

 Related subject: maritime security 

References

Information resources on piracy and armed robbery at sea

Related subject: Maritime security

Focus on IMO
Piracy and Armed Robbery at Sea (2000 paper)

Web links
Other web sites (choose topic piracy)

 ***