Piracy in African waters: Maritime Zones and Industries at risk Prof Henri Fouché University of South Africa Camprosa 8-11 November 2011

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” Camprosa 8-11 November 2011

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. Camprosa 8-11 November 2011

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 Camprosa 8-11 November 2011

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 Camprosa 8-11 November 2011

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 Camprosa 8-11 November 2011

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) Camprosa 8-11 November 2011

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 state jurisdiction of any state - place outside the jurisdiction of any state jurisdiction of any state Camprosa 8-11 November 2011

- 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 Camprosa 8-11 November 2011

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 1 January to 21 October 2011 – 369 attacks worldwide reported to ICC IMB Piracy Reporting Centre- 208 or 56% of these attributed to Somali Pirates Camprosa 8-11 November 2011

INCIDENTS REPORTED FOR SOMALIA 1/1/2011 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 400 TOTAL HOSTAGES 400 TOTAL KILLED 15 TOTAL KILLED 15 VESSELS HELD CURRENTLY BY Somali pirates 13 VESSELS HELD CURRENTLY BY Somali pirates 13 HOSTAGES 249 HOSTAGES 249 Camprosa 8-11 November 2011

LOCATION OF OTHER WORLDWIDE INCIDENTS (EXCLUDING AFRICA) Indonesia, Malaysia, Myanmar, Philippines, Singapore Straits, South China Sea, Vietnam, Bangladesh, India, Brazil, Columbia, Costa Rica, Ecuador, Guyana, Peru, Venezuela, Mediterranean Sea Indonesia, Malaysia, Myanmar, Philippines, Singapore Straits, South China Sea, Vietnam, Bangladesh, India, Brazil, Columbia, Costa Rica, Ecuador, Guyana, Peru, Venezuela, Mediterranean Sea Most of these attacks took place on anchored ships, the attacks underway took place mainly in S E Asia. Most of these attacks took place on anchored ships, the attacks underway took place mainly in S E Asia. Camprosa 8-11 November 2011

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 Camprosa 8-11 November 2011

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) Camprosa 8-11 November 2011

1 JANUARY TO 31 DECEMBER 2010 : Actual attacks against ships at anchor: Africa 3 SHIPS ANCHORED IN CAMEROON 3 SHIPS ANCHORED IN CAMEROON 1 SHIP ANCHORED IN CONGO 1 SHIP ANCHORED IN CONGO 2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC OF CONGO 2 SHIPS ANCHORED IN DEMOCRATIC REPUBLIC OF CONGO 2 SHIPS ANCHORED IN EGYPT 2 SHIPS ANCHORED IN EGYPT 3 SHIPS ANCHORED IN GUINEA 3 SHIPS ANCHORED IN GUINEA 4 SHIPS ANCHORED IN IVORY COAST 4 SHIPS ANCHORED IN IVORY COAST 3 SHIPS ANCHORED IN NIGERIA 3 SHIPS ANCHORED IN NIGERIA Camprosa 8-11 November 2011

Africa : Hotspot BENIN Benin had no reported incidents for 2010 BENIN Benin had no reported incidents for 2010 – 12 reported attacks against tankers since March 2011 (Cotonou) – 5 vessels were hijacked – taken to unknown destination – sacked, looted, cargo stolen – 6 tankers boarded – armed robberies (8 while at anchor, 3 steaming) ICC-IMB Piracy and armed robbery against ships report – 01 January – 30 June 2011 Camprosa 8-11 November 2011

AFRICAN HOTSPOT 2 NIGERIA : Suspected at least 17 unreported incidents since January 2011 NIGERIA : Suspected at least 17 unreported incidents since January 2011 Since January 2011 confirmed 3 vessels boarded, 2 vessels fired upon, 1 attempted attack (at anchor and steaming). Since January 2011 confirmed 3 vessels boarded, 2 vessels fired upon, 1 attempted attack (at anchor and steaming). Camprosa 8-11 November 2011

AFRICAN PORTS (ATTACKS SINCE JANUARY 2011) Democratic Rep.of Congo4 Democratic Rep.of Congo4 Egypt1 Egypt1 Ghana2 Ghana2 Guinea2 Guinea2 Ivory Coast1 Ivory Coast1 (All at anchor) ICC – IMB Piracy and armed robbery against ships report 01 January – 30 June 2011) Camprosa 8-11 November 2011

TRENDS Use of guns during attacks on sharp increase Use of guns during attacks on sharp increase Guns used during attacks in 2011 : 160 Guns used during attacks in 2011 : of these incidents occurred in Africa 154 of these incidents occurred in Africa We must apply gun control – strive for gun free ports Camprosa 8-11 November 2011

CURRENT STATE OF PROSECUTIONS 738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIES 738 SUSPECTS AND CONVICTED PIRATES IN 13 COUNTRIES Camprosa 8-11 November 2011

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 Camprosa 8-11 November 2011

LAW ENFORCEMENT APPROACH Camprosa 8-11 November 2011

INTERPOL