Sea Piracy: A South African Perspective Henri Fouche UNISA Institute of Loss Adjustors 17 May 2012 Johannesburg

EFFECTS ON GLOBAL ECONOMY 2010 Source: Presentation by Torben C. Skaanild, secretary general, BIMCO at ICOPAS 2011, 17 – 19 October 2011 WMU Malmo, Sweden) Ransom$ 148 mill Ransom$ 148 mill Insurance premiums$ 460 mill - $ 3.2 bill Insurance premiums$ 460 mill - $ 3.2 bill Re- routing$ 2.4 bill - $ 3 bill Re- routing$ 2.4 bill - $ 3 bill Security equipment$ 363 mill – 2.5 bill Security equipment$ 363 mill – 2.5 bill Naval forces$ 2 bill Naval forces$ 2 bill Prosecutions$ 31 mill Prosecutions$ 31 mill Anti-piracy organisations$ 19.5 mill Anti-piracy organisations$ 19.5 mill Regional economies$ 1.25 bill Regional economies$ 1.25 bill Total$ 7bill - $ 12 bill Total$ 7bill - $ 12 bill Institute of Loss Adjustors 17 May 2012 Johannesburg

EFFECTS ON AFRICAN REGIONAL ECONOMIES Trade routes threatened- goods becoming more expensive Trade routes threatened- goods becoming more expensive Seychelles - losses to fishing and tourism industry US$ 6 mil. annually Seychelles - losses to fishing and tourism industry US$ 6 mil. annually Kenya – impact on trade loss of US$ 414 annually Kenya – impact on trade loss of US$ 414 annually South Africa – naval and police operations – US$ 10 mil + South Africa – naval and police operations – US$ 10 mil + Source : Acta Criminologica 24 (3) 2011 pi Source : Acta Criminologica 24 (3) 2011 pi Institute of Loss Adjustors 17 May 2012 Johannesburg

FACTORS CONTRIBUTING TO PIRACY Poverty Poverty Lack of employment Lack of employment Environmental hardships Environmental hardships Low incomes Low incomes Drought Drought Illegal fishing Illegal fishing Volatile security situation Volatile security situation Volatile political situation Volatile political situation Source: Congressional Research Service (CRS) Report for Congress R Institute of Loss Adjustors 17 May 2012 Johannesburg

SOUTH AFRICAN PERSPECTIVE Has South Africa had any incidents of piracy? Has South Africa had any incidents of piracy? What is piracy? What is piracy? Institute of Loss Adjustors 17 May 2012 Johannesburg

PIRACY Piracy can only be committed on the high seas or in a place outside the jurisdiction of any state Piracy can only be committed on the high seas or in a place outside the jurisdiction of any state Piracy cannot be committed in the ports or harbours or the territorial sea Piracy cannot be committed in the ports or harbours or the territorial sea IMB definition for statistical purposes IMB definition for statistical purposes “an act of boarding or attempting to board any ship with the intent to commit theft or any other crime and with the intent or capability to use force in the furtherance of that act” “an act of boarding or attempting to board any ship with the intent to commit theft or any other crime and with the intent or capability to use force in the furtherance of that act” Institute of Loss Adjustors 17 May 2012 Johannesburg

SOUTH AFRICAN PERSPECTIVE No safe harbours for pirates No safe harbours for pirates Harsh coastline Harsh coastline Strong law enforcement presence Strong law enforcement presence Efficient criminal justice system Efficient criminal justice system Stable security and political situation Stable security and political situation Strong military Strong military Inhospitable coastline Namibia (skeleton coast) Inhospitable coastline Namibia (skeleton coast) Institute of Loss Adjustors 17 May 2012 Johannesburg

TYPES OF THREAT TO SHIPS : UNDERWAY IN PORT LIMITS, AT ANCHOR OR BERTHED ALOGSIDE (ISPS CODE AND MARITIME SECURITY REGULATIONS) UNAUTHORISED ACCESS – INCLUDING STOWAWAYS UNAUTHORISED ACCESS – INCLUDING STOWAWAYS UNAUTHORISED TAMPERING – INCLUDING CARGO & STORES UNAUTHORISED TAMPERING – INCLUDING CARGO & STORES THEFT – INCLUDING CARGO, STORES & EQUIPMENT THEFT – INCLUDING CARGO, STORES & EQUIPMENT DAMAGE – TO THE SHIP DAMAGE – TO THE SHIP HIJACKING – OF SHIPS OR SEIZURE OF PERSONS ON BOARD HIJACKING – OF SHIPS OR SEIZURE OF PERSONS ON BOARD (Khwela,2009:40) (Khwela,2009:40) Institute of Loss Adjustors 17 May 2012 Johannesburg

TRENDS Use of guns during attacks on sharp increase Use of guns during attacks on sharp increase Guns used during attacks in 2011 : 245 (knives 69) Guns used during attacks in 2011 : 245 (knives 69) 233 of these incidents occurred in Africa 233 of these incidents occurred in Africa We must apply gun control – strive for gun free ports ICC-IMB Piracy report 1 January to 31 December 2011 p Institute of Loss Adjustors 17 May 2012 Johannesburg

SOUTH AFRICAN PERSPECTIVE: VARIOUS ASPECTS Legal: Rights and obligations i.t.o. United Nations Convention on Law of the Sea (UNCLOS) basis on which a littoral states jurisdiction, rights, priveleges and obligations at sea are built Legal: Rights and obligations i.t.o. United Nations Convention on Law of the Sea (UNCLOS) basis on which a littoral states jurisdiction, rights, priveleges and obligations at sea are built South African Law: Common Law and Statute Law : Defence Act no 42 of 2002: POCDATARA- Act no 33 of 2004 South African Law: Common Law and Statute Law : Defence Act no 42 of 2002: POCDATARA- Act no 33 of 2004 Institute of Loss Adjustors 17 May 2012 Johannesburg

ZONES AT SEA The sea area is divided into 6 zones, defined in geographic terms and relating to their distance from the land The sea area is divided into 6 zones, defined in geographic terms and relating 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 Institute of Loss Adjustors 17 May 2012 Johannesburg

DIFFERENT ZONES AT SEA - there are no clear visible borders at sea - Foreigners can freely cross your zones and have certain rights in your sovereign territory - In each of the different zones different laws apply These zones are located in the sea area opposite states with a sea border. Institute of Loss Adjustors 17 May 2012 Johannesburg

TERRITORIAL SEA Sovereignty the same as for the terrestrial territory with the following exception Sovereignty the same as for the terrestrial territory with the following exception -International law makes provision for a foreign vessel to pass through the states territory without being hampered and without being discriminated against as to from where and to where a particular cargo is going -International law makes provision for a foreign vessel to pass through the states territory without being hampered and without being discriminated against as to from where and to where a particular cargo is going PROVIDED PROVIDED -Such passage is not prejudicial to the peace, good order or security of the coastal state -Such passage is not prejudicial to the peace, good order or security of the coastal state Institute of Loss Adjustors 17 May 2012 Johannesburg

Rights of foreigners in territorial sea -the right to an environment in which seafarers can exercise innocent passage through the sovereign territory of a states territorial waters -the right to an environment in which seafarers can exercise innocent passage through the sovereign territory of a states territorial waters Inability to ensure safe passage in case of Somalia resulted in UN SC Resolutions permitting foreign warships to enter sovereign territory of Somalia to ensure safety of vessels on passage Inability to ensure safe passage in case of Somalia resulted in UN SC Resolutions permitting foreign warships to enter sovereign territory of Somalia to ensure safety of vessels on passage Institute of Loss Adjustors 17 May 2012 Johannesburg

ZONES CONTIGUOS ZONE – may extend to 24 nm from baseline CONTIGUOS ZONE – may extend to 24 nm from baseline -Coastal state may exercise control over infringement of its customs, fiscal, immigration or sanitary laws EXCLUSIVE ECONOMIC ZONE- may extend to 200nm from baseline EXCLUSIVE ECONOMIC ZONE- may extend to 200nm from baseline -coastal state may exercise sovereignty over the natural resources in this zone & has right to explore, exploit,conserve and manage natural resources (fish,plants,oil,gas, diamonds) Institute of Loss Adjustors 17 May 2012 Johannesburg

ZONES CONTINENTAL SHELF –rich in natural resources CONTINENTAL SHELF –rich in natural resources - of great commercial interest - of great commercial interest - fixing outer limits controversial - fixing outer limits controversial - potential source of border disputes between states - potential source of border disputes between states HIGH SEAS HIGH SEAS - place outside the jurisdiction of any statejurisdiction of any state - place outside the jurisdiction of any statejurisdiction of any state Institute of Loss Adjustors 17 May 2012 Johannesburg

- oil major gas fields Mozambique & Tanzania -gas -mining -fishing Threats associated with violation of sea borders -conventional military threat-piracy -smuggling -terrorism -pollution -illegal immigration -illegal exploitation of resources Industries conducted off the coast of Africa Industries conducted off the coast of Africa Institute of Loss Adjustors 17 May 2012 Johannesburg

TRENDS REGARDING PROSECUTION Since December pirates captured Since December pirates captured 9 out of 10 have not been prosecuted 9 out of 10 have not been prosecuted Trend – catch and release and disruption the rule prosecution the exception prosecution the exception Lang, 2011:21 S/2011/30 Annex to letter dated 24/01/2011 Institute of Loss Adjustors 17 May 2012 Johannesburg

OVERVIEW OF PIRACY AND ARMED ROBBERY IN AFRICAN WATERS 1997 – % OF ATTACKS WORLDWIDE COAST OF AFRICA 1997 – % OF ATTACKS WORLDWIDE COAST OF AFRICA % OF ATTACKS WORLDWIDE COAST OF AFRICA % OF ATTACKS WORLDWIDE COAST OF AFRICA % OF ATTACKS WORLDWIDE COAST OF AFRICA % OF ATTACKS WORLDWIDE COAST OF AFRICA (293/439) (293/439) 1 January to 31 December 2011 – 439 attacks worldwide reported to ICC IMB Piracy Reporting Centre- 237 or 53% of these attributed to Somali Pirates ICC-IMB annual report 2011 Institute of Loss Adjustors 17 May 2012 Johannesburg

VESSELS HELD CURRENTLY BY Somali pirates 12 VESSELS HELD CURRENTLY BY Somali pirates 12 HOSTAGES (ACCESSED 16 May 2012) HOSTAGES (ACCESSED 16 May 2012) Institute of Loss Adjustors 17 May 2012 Johannesburg Somalia

SOUTH AFRICAN PERSPECTIVE THE CHALLENGES THE CHALLENGES CAN SOUTH AFRICA MEET THE CHALLENGES CAN SOUTH AFRICA MEET THE CHALLENGES WHAT IS SOUTH AFRICAS INVOLVEMENT IN COMBATING PIRACY WHAT IS SOUTH AFRICAS INVOLVEMENT IN COMBATING PIRACY WHAT ARE THE CHALLENGES TO SOUTH AFRICA’S INVOLVEMENT WHAT ARE THE CHALLENGES TO SOUTH AFRICA’S INVOLVEMENT Institute of Loss Adjustors 17 May 2012 Johannesburg

THE ROAD AHEAD ? THREAT AND ABILITY TO MEET IT THREAT AND ABILITY TO MEET IT THE FUTURE THE FUTURE Institute of Loss Adjustors 17 May 2012 Johannesburg