IMO and Counter Piracy
5th Program of China-ASEAN Academy on Ocean Law and Governance, NISCS
Haikou, 11 – 20/11/2019
Capt. Hartmut G. Hesse
Former Special Representative of the IMO S-G
(Maritime Security & Counter-Piracy Programmes)
www.marisafsec.com
Definition of piracy – UNCLOS article 101
Any illegal acts of violence or detention, orany act of depredation, committed for private ends by the crew or the passengers of a private ship and directed on the highseas, against another ship, or againstpersons or property on board such ship, oragainst a ship, persons or property in aplace outside the jurisdiction of any State
Any act of voluntary participation in the operation ofa ship with knowledge of facts making it a pirateship
Any act of inciting to or of intentionally facilitatingsuch acts
Armed robbery against ships
Definition: Code of Practice for Investigation ofPiracy and Armed Robbery Against Ships(A.922(22) amended by A.1025(26)) as follows:
“Armed robbery against ships” means any ofthe following acts:
any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of “piracy”, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s jurisdiction over such offences.
any act of inciting or of intentionally facilitating an act described above.”
IMO Guidance (1) (Revised MSC/Circ.622/1333)
Recommendations to Governments
for preventing and suppressing piracy and armed robbery against ships
suggests possible counter-measures that could be employed by Maritime Rescue Co-ordination Centres (MRCC) and security forces, also includes draft Regional agreement on co-operation in preventing and suppressing acts of piracy and armed robbery against ships.
IMO Guidance (2) (Revised MSC/Circ.623/1334)
Guidance to shipowners and ship operators, shipmasters and crews
on preventing and suppressing acts of piracy and
armed robbery against ships
comprehensive advice on measures that can be taken onboard to prevent attacks or, when they occur, to minimize the danger to the crew and ship
Measures to Prevent and Suppress Piracy and Armed Robbery Against Ships, 1993
(IMO Assembly Resolution A.738(18))
The resolution empowers the Maritime Safety Committee (MSC) to keep this issue under continuous review, and it has accordingly been included in
the Long-Term Work Plan.
As a result, the IMO Secretariat circulates monthly, quarterly and annual reports on piracy and armed robbery against ships, and on stowaway cases and illegal migrants, and has explored ways to maintain pressure against all forms of unlawful acts at sea.
Piracy: Root Causes
Geographical
Indonesia – 17500 Islands - patrols
Somalia - Failed State – enforcement
Somalia – draughts – cattle loss
West Africa – Collusion
Political
Economic
Poverty - no work/water/food
Somalia - IUU Fishing
- illegal waste dumping
Piracy: Other Causes
International shipping lanes
Traffic volume
Huge sea areas
Communication
Protection
Vulnerability – low speed
- low free board
Piracy: Modes of Operation
Theft – in port or at anchor
Cargo
Ship stores - paint
Mooring ropes, etc
Armed boarding under way
Hijacking
Near coastal
High seas – mother-ship operations
Siphoning off cargo / oil
Holding ships / crew hostage for ransom
Torture / Murder - Execution
Best management practices (BMP - MSC.1/Circ 1339)
- continue to evolve with experience gained
Guidelines on investigation of piracy and
armed robbery against ships (MSC.1/Circ.1404)
Interim Guidance on the use of PCASP on
board in the HRA - ships/owner, flag States,
port/coastal States (MSC.1/Circs.1405/1406/1408)
Guidance for PMSC providing PCASP on board
in the HRA (MSC.1/Circ.1443)
Somalia Piracy: IMO Guidance (3)
ISO PAS 28007
Guidelines for Private Maritime Security Companies providing Privately Contracted Armed Security Personnel on board ships (and pro forma contract)
Embarkation
Disembarkation
Vessel calling
Use of arms / armed personnel
• IMO’s position on the use of armed personnel has not changed. The carriage of armed personnel remains a matter of decision for the ship owner, after a thorough risk assessment, to request and the flag State to decide.
• There are also implications for port and coastal States.
IMO Guidance (4) (MSC/Circ.623/1334)
The carrying and use of firearms for personal protection or protection of a ship is strongly discouraged.
Carriage of arms on board ship may encourage attackers to carry firearms thereby escalating an already dangerous situation, and any firearms on board may themselves become an attractive target for an attacker. The use of firearms requires special training and aptitudes and the risk of accidents with firearms carried on board ship is great. In some jurisdictions, killing a national may have unforeseen consequences even for a person who believes he has acted in self defence.
Best Management Practices
MSC.1/Circ.1339 on Piracy and armed robbery against ships in waters off the coast of Somalia - Best Management Practices for Protection against Somalia Based Piracy (BMP4)
BMP 4 – Section 8
Ship Protection Measures
8.15 The use, or not, of armed Private Maritime Security Contractors onboard merchant vessels is a matter for individual ship operators to decide following their own voyage risk assessment and approval of respective Flag States. This advice does not constitute a recommendation or an endorsement of the general use of armed Private Maritime Security Contractors.
BMP 4 – Section 8
Ship Protection Measures
If armed Private Maritime Security Contractors are to be used they must be as an additional layer of protection and not as an alternative to BMP
If armed Private Maritime Security Contractors are present on board a merchant vessel, this fact should be included in reports to UKMTO and MSCHOA.
MSC/Circ.1073
Directives for Maritime Rescue Co-ordination Centres (MRCCs) on Acts of Violence against Ships
Resolution A.923(22)
Measures to Prevent the Registration of ‘Phantom’ Ships.
(“Phantom" ships mean ships that have been registered on the basis of false or inaccurate information)
MSC-FAL.1/Circ.2
Questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships
To raise awareness of relevant national legislation, policies and procedures relating to the carriage, embarkation and disembarkation of firearms and security-related equipment through their territory and the movement of PCASP
Regional Option – Cooperative
Mechanism
Combine current infrastructure, MDA
and sea-going resources in a co-
operative regional mechanism to
address the threat through mutual
patrolling and prevention of attacks
(STRENGTH IN UNITY)
Regional Agreements
Djibouti Code of Conduct (DCoC)
West and Central African Code of
Conduct (WCACoC) & Strategy
Cooperative Mechanism for the
Malacca and Singapore Straits (CM)
Regional Cooperation Agreement on
Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP)
Protection of Shipping Lanes (PSL)
(e.g. South Western Indian Ocean High
Risk Area
34
Djibouti Code of Conduct (DCoC) (1)
January 2009
21 States in the region
DCoC - co-operation:
a) Investigation, arrest and prosecution
b) Interdiction and seizure
c) Rescue of ships, persons and property
d) Conduct of shared operation
35
Djibouti Code of Conduct (DCoC) (2)
Four Pillars Implementation of national legislation Establishment of law enforcement /
coast guard capability Development of capacity through
training and other technical assistance Improvement of maritime situational/
domain awareness (MDA)
36
Djibouti Code of Conduct (DCoC) (3)
Information sharing centres:
MRCC in Mombasa, Kenya
RCC in Dar es Salaam, Tanzania
Regional Security Information Centre in Sana’a, Yemen
Regional Training Centre in Djibouti
Establishment of DCoC Trust Fund
37
IMO’s Containment Strategy (1)
Protection of passengers, seafarers and fishermen
Ensure delivery of humanitarian aid to Somalia
Preservation of the integrity of the shipping lanes
38
IMO’s Containment Strategy (2)
Containment by:
Navy cooperation in the Gulf of Aden
IRTC
Reporting to MSCHOA
SHADE deconflicting mechanism (Bahrain)
Delimitation of High Risk Area (HRA)
Regional Agreements / Capacity building in the medium term
Until viable solution ashore in Somalia can be found
Cooperation with UN entities in capacity building in Somalia
Somali Piracy: Developments
Increased attacks since 2005
IMO Resolutions A.979(24), A.1002(25), A.1026(26) A.1044(27), etc.
UN SC Resolutions 1918/1950/1976/2015/2020, etc.
Contact Group on Piracy off the Coast of Somalia (CGPCS)
Gulf of Aden IRTC (SN.1/Circ.281)
Djibouti Code of Conduct (DCoC)
International Navies/ EUNAVFOR/NATO/ MSCHOA / SHADE (Shared Awareness and Deconfliction)
Naval forces patrol
LRIT data provision
Improved
Guidelines and BMP
implementation
Imprisonment of
>1000 pirates and
several 100s lost
Carriage of PCASP
Reasons for success/decline
Naval success GoA
Geographical
expansion of pirate
operations
Up to 1750 nm off
Somali coast
2.8 Mio sq miles
mother ship
operations
Consequences
43CTF 150, Gulf of Aden, 2008
“All that is necessary for the triumph of evil is that good men do nothing”
Edmund Burke
ReCAAP& Information Sharing Centre (ISC)
• 20 Contracting Parties (with Focal Points – Navies, Coast
Guard Agencies, Marine Police, Port Authorities, etc)
• 8 Partner Organisations (IMO, ASA,
IFC, BIMCO, INTERTANKO,
INTERPOL, OCIMF & WMU
• Europe: Denmark, Norway, Netherlands
United Kingdom - Australia - United
States
• Working relationship with the IMO in
assisting Djibouti Code of Conduct States
in their effort to operationalise the DCoC
• Work with like-minded organisations in
the maritime industry towards the
safety/well-being of seafarers
Launched on 29 Nov 2006 , ReCAAP ISC is the first Inter-Government
Organisation (IGO) to suppress piracy and armed robbery in Asia
MISSIONTo enhance regional
cooperation through
information sharing, capacity
building and cooperative
arrangements in combating
piracy and armed robbery
against ships
ReCAAP ISC Network
Navies :
Myanmar
Sri Lanka
Thailand
Denmark
UK
Marine Dept / MRCC :
Bangladesh
Cambodia
China / Hong Kong
Korea
Singapore
Norway
Though some Maritime nations are outside
the geographical mandate of the
Agreement, however their ships operate in
Asian waters thus they have first hand
information of the sea situation there and
the assistance from all Contracting Parties
in the ReCAAP network.
Marine Police :
Brunei
Laos
VietnamNetherlands
Coast Guards :
India
Japan
Philippines
Many cases-unreported Cultural background : Facing saving !!!
– Reflects badly on the Master/Crew/Company
– Failed in their responsibility to protect lives / property
– Self interest – not to look bad
Economic consideration:
– Customer may loose confidence in the Company
– Increase in insurance claims
– Loss not significant
Safety / intimidation consideration
– The robbers/pirates may target them again
– May jeopardize future transaction in the area
Time / Effort considerations
– Maybe delayed from leaving port for investigation
– More administrative hassel
Why report ?
Starts the enforcement / prosecution process
– Draws the attention of law enforcement to the crime
– Consolidation / analysis of the extend of the crime
– Channel resources to where it is required (Resources are
limited)
– Provides justification for enforcement agencies to build-up /
tailor their responses
Alert/Warn fellow seafarers who are going to the area
– Greater awareness / risk assessment / enhance vigilance
– Implement protective measures / take more precautions
– Avoidance of the area (if necessary)
NOT REPORTING encourages/invites more incidents
Key message to the industry
Resources are limited
No single State / agency can combat /
suppress Piracy & Armed Robbery against
ships ALONE !!!
Need to :
– Communicate (report/feedback)
– Cooperate (Share Information)
– Collaborate (Build Capacity)
YOU CAN MAKE
THE DIFFERENCE !!!
Code of Conduct concerning the repression
of piracy, armed robbery against ships, and
illicit maritime activity in West and Central
Africa (WCACoC)
Adopted: Cotonou, Benin, 19 March 2013Open for signature: Head of State meeting Yaoundé,
Cameroon, 17 May 2013
Review of national legislation
Capability for maritime law enforcement
Capacity building cooperation
Coordinated, smooth, and effective
communications through information
exchange centres
Key Objectives
State responsibilities at sea
Maritime and offshore security
Suppressing piracy and armed robbery
Fishery protection
Counter illegal trafficking
Protecting the environment
Safety of navigation
Search and rescue
‘Djibouti Code plus’
Addresses: transnational organized crime in the
maritime domain, maritime terrorism, IUU fishing
and other illegal activities at sea
Article 3 - Measures at the National Level
Article 7 - Measures to repress IUU fishing
Article 9 - Embarked Officers
Article 14 – Training and education
African Union is the repository
Other IMO Instruments relating to Maritime Security
and Unlawful Acts against ships
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 (SUA)
SUA Protocol for Fixed Platforms Located on the Continental Shelf, 1988
SOLAS Convention Chapter XI-2 on Special Measures to enhance Maritime Security
International Ship and Port Facility Security (ISPS) Code
23
Current agendas and emerging initiatives on maritime
security
Frank Wall
Revision of SUA Convention
64
Special Measures to
Enhance Maritime Security
SOLAS Chapter XI-2 & ISPS Code
Entered into force on 1 July 2004
On 1 July 2004 applied to 147 States
On 1 April 2013 applies to 162 States
65
Chapter XI-2
Applies to:-
>Passenger Ships
>Cargo Ships => 500GT
>Mobile offshore Drilling Units
>Port facilities serving ships engaged in international voyages
68
Chapter V
Vessels Require to have:-
Automated Identification
Systems (AIS)
Long-Range
Identification and
Tracking (LRIT)
Systems
69
LRIT - Long-Range Identification
and Tracking of ships
SOLAS regulation V/19-1 on LRIT - 01/01/08
Performance standards and functional requirements
(Equipment; Service providers; Data Centres – national, regional, co-operative, international; International Data Exchange; Data distribution plan; System security; System performance; Co-ordinator)
Inter-governmental oversight - IMSO
Data access by flag-, port- and coastal States and
SAR services
70
LRIT information
may be provided
when a ship
navigates within a
distance not
exceeding 1,000
nautical miles off
the coast
a distance set by
the coastal State
limit of territorial sea
Contracting Government
requesting LRIT information
Port A
Examples of access to LRIT information
71
6
5
4
3
2
1LRIT
Data Centre
International
LRIT Data Exchange
National
LRIT Data Centre
Regional
LRIT Data Centre
Co-operative
LRIT Data Centre
LRIT Data Centres share and
exchange LRIT information
through the International
LRIT Data Exchange
LRIT system architecture
International
LRIT Data Centre
13
Threats to ships (Regulation XI-2/7)
Contracting Governments:
Set security levels
Provide security level information
to ships in their territorial sea
or intending to enter their territorial sea
Provide contact point for ships
requesting advice or assistance report security concerns
(ships, movements or communications)
14
Threats to ships (Regulation XI-2/7)
When identifying risk of attack – Contracting
Governments:
advise ships and their Administrations of:
• current security level
• security measures to be implemented
by ships for self protection
• security measures implemented by
coastal State
75
ISPS Code
Company, Ship and Port Facility
Security Officer
Ship & Port Facility Security
Assessment
Ship & Port Facility Security Plan
Training, Drills & Exercises
Verification & Certification
Control and Compliance measures
76
Ship & Port Security
Threat Assessment and Threat Level
Access Control and Restricted Areas
Security Duties and Roving Patrols
Security Awareness and Vigilance
Security Equipment & Systems
SUA Convention and Protocol
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 The Protocol extends the requirements of the
Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.
Adoption: 10 March 1988Entry into force: 1 March 1992
SUA Convention
The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships.
The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
Seizing/control of ships
Acts of violence against person on board
Destruction or damage to ship or cargo
Placement of devices or substances to destroy or damage ship
Damage/destruction of maritime navigational facilities
False information
SUA Convention
23
Current agendas and emerging initiatives on maritime
security
Frank Wall
Revision of SUA Convention
72
73
Revision of SUA Convention
- New Protocols adopted October 2005
- Inclusion of new offences - carriage of WMD
(i.e nuclear & fissile - dual use materials)
- Linkage with non-proliferation treaties
- Inclusion of provisions for boarding of
suspect ships on the high seas
- Parties - 12(3) ratifications needed
- Status - 48 + 42 ratifications – in force 28/7/10
25
Current agendas and emerging initiatives on maritime
security
Frank Wall
and Associates
Revision of SUA Convention:Article 8 bis Boarding provisions
74
75
Essential Elements of Article 8bis
Requirement to cooperate to the fullest extent possible
Process & options for making, receiving, and responding to boarding requests
Allocation & preservation of enforcement jurisdiction
Conduct of boarding & disposition operations
Recourse for damage, harm, or loss
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