COOPERATIVE STRATEGIES FOR MARITIME SECURITY GOVERNANCE Dr Manoj Gupta

Agenda 1. Maritime Security issues 2. 3Cs for MS Governance 3. Temporality of maritime operations 4. Maritime Forces – To be or Not to be 5. Interdependence and integration

UN Law of the Sea Convention

Maritime security challenges BORDER SECURITY ENERGY SECURITY OCEAN SECURITY FOOD SECURITY RESOURCE SECURITY

Piracy and Armed Robbery 75% OF THE 439 ATTACKS IN 2011 Source: ICC-IMB Report 01 Jan – 31 Dec 2011

Drug Smuggling In 2009-10, sea cargo accounted for nearly 80 per cent of the total weight of cocaine detected at the Australian border A single detection of sea cargo from Mexico to Melbourne accounted for 62 per cent of the total weight of cocaine

People smuggling

Small arms trafficking Illicit trade 10-20% Market value 4 billion dollars Major Buyers include: Rebel groups: Afghanistan, Indonesia, Myanmar, Nepal, Philippines, Sri Lanka Crime Syndicates: Hong Kong, Macau, Taiwan, Thailand SE Asia: Post war ready stockpiles: Cambodia, Laos, Myanmar, Vietnam Long maritime and land borders – difficult to interdict traffickers South Asia: 75 Million small arms – 84% illegal 2 million people engaged in gun running Pacific: legal civilian stockpile 3.1 million – 50% > global ratio of 1:16 Illicit trafficking major issue – Fiji, Philippines, PNG, Solomon islands Source: Small Arms Survey and IANSA

Key issues for maritime security Reporting of ships handling dangerous cargo Mandatory reporting of all ships Action against unseaworthy / substandard ships Registration & identification system for vessels Enforcement and regulation in the 24 nm limit Curb acts of piracy at sea Indonesian VMS

Agenda 1. Maritime Security issues 2. 3Cs for MS Governance 3. Temporality of maritime operations 4. Maritime Forces – To be or Not to be 5. Interdependence and integration

Maritime security governance South Asia Middle East GCC SAARC ARF SADC Southern Africa SE Asia and Australia

Total Supply Chain Security Japanese owned Manufacturer in France Bangkok Based Freight Forwarder Singapore Port Ship Inspection Port of Rotterdam Customs Port Botany Customs Local Distribution Center 90% of world trade moves by containers >100 million containers in and out of ports each year Every second of every day $ 10 billion worth of world commerce is shipped

Collaborative Port State Control Industry led Smart and Secure Tradelanes (SST) ISPS Code required Industry actions Company Security Officer Ship Security Officer Port Facility Security Officer Ship Security Assessment Ship Security Plan Port facility Security Assessment Port facility Security Plan

Coordinating maritime forces Regionally driven Secure Trade Programme in the APEC Region (STAR) ASEAN/Japan Maritime Transport Security Programme MALSINDO trilateral coordinated patrol Coordinated bilateral naval patrols Eye in the sky air surveillance Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) South East Asia Regional Centre for Counter-Terrorism (SEARCCT)

Maritime Security Cooperation Internationally driven UN Law of the Sea (Article 108) 1988 Vienna Drug Convention UN Convention against Transnational Organised Crime ILO Seafarer Identification card Convention for the Suppression of Unlawful Acts (SUA) against safety of maritime navigation and fixed platforms located on the continental shelf Maritime Electronic Highway Framework of Standards to Secure and Facilitate Global Trade

System wide maritime security 1000 ship global navy Collaborative Port State control Surveillance, monitoring and control: Proliferation Security Initiative (PSI) Container Security Initiative (CSI) Customs-Trade Partnership against Terrorism (C-TPAT) 24 Hour advance vessel manifest rule Information exchange and evolving procedures: Regional Maritime Security Initiative (RMSI) Western Pacific Naval Symposium Indian Ocean Naval Symposium

Why 3 Cs - collaboration, coordination and cooperation TODAY’S CHALLENGES Increased illegal activities Manifold growth in ocean use Changes in ocean environment Numerous resource and boundary claims TOMMOROW’S RESPONSE? Preserve the global maritime common space Collectively manage carrying capacity Shared responsibility by all maritime nations Solutions to minimise resource conflict BEYOND INDIVIDUAL NATIONAL CAPACITITES

Western Indian Ocean Port state control Djibouti code of conduct counter piracy in Gulf of Aden and Western Indian Ocean South Africa joins Comoros, Djibouti, Egypt, Eritrea, Ethiopia, Jordan, Kenya, Madagascar, Maldives, Mauritius, Oman, Saudi Arabia, Seychelles, Somalia, the Sudan, the United Arab Emirates, the United Republic of Tanzania and Yemen Strategic counter piracy capacity building partnership UN Food and Agriculture Organization (FAO) United Nations Political Office for Somalia (UNPOS) United Nations Office on Drugs and Crime (UNODC) World Food Programme (WFP) EU - European External Action Service (EEAS) International Oceanographic Commission?? Constabulary and token navies

Agenda 1. Maritime Security issues 2. 3Cs for MS Governance 3. Temporality of maritime operations 4. Maritime Forces – To be or Not to be 5. Interdependence and integration

One goal separate solutions Navies Water Police and Enforcement Coast Guards Customs and Coastwatch Maritime Security

Maritime Security System Country A Country B Domain Awareness Domain Awareness Safeguard Response Response Safeguard Marine Police Customs Coastwatch Intelligence Intelligence Police Police Coast Guard Customs Customs Navy Navy Port A Ocean Voyage Port B

Maritime Security Response Nationality of Ship: Flag flown Boarding of vessel: Not justified without reasonable ground Owner: Unknown First confirm registry Then seek authorisation from Flag State for Boarding Outside 12 nm Territorial waters Suspicion unfounded Compensate vessel The basics of responding to a suspicious activity at sea. Foremost, a warship is not justified in boarding a ship encountered at sea unless there is reasonable ground for suspecting that the ship is without nationality or engaged in illegal activity. The first task is to establish the identity. Now, the nationality of a ship encountered at sea is identifiable by the flag flown. The owner is yet unknown and will possibly remain unknown. Flags of Convenience allow shipping lines to register with flags other than their own nationality. The task then is to confirm the registry of the vessel and then seek authorization from the flag state to board the vessel. The warship may then send out a boat to board the vessel and inspect the documents. If suspicion remains after checking the documents further inspection may be carried out with all possible consideration. If the suspicion proves to be unfounded and if the ship has not committed any acting justifying the boarding it shall be compensated. And all this while please be sure that you are outside the territorial waters of another state. If nothing, the Iran-UK stand off is a stark reminder of the political minefield of acting in another states territorial waters. Board Vessel: Inspect Documents Suspicion: Search Vessel

Territorial Sea Warships must obtain prior permission Warships must give prior notification 50 nm Military security zone

Agenda 1. Maritime Security issues 2. 3Cs for MS Governance 3. Temporality of maritime operations 4. Maritime Forces – To be or Not to be 5. Interdependence and integration

Approaches to maritime security Single Maritime Force: North Korea, New Zealand, Bangladesh, Myanmar, Sri Lanka Multiple Maritime Forces: Japan, India, Australia, Taiwan, South Korea, Malaysia, Pakistan, Philippines, Singapore, Thailand Fragmented Maritime Forces: China: Navy + 4 Paramilitary forces Indonesia: Navy + Customs + Police + Coast & Seaward Defence + Army Token Maritime Forces: Brunei, Papua New Guinea, Solomon Islands, Cambodia, Timor, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru, Niue, Palau, Samoa, Tonga, Vanuatu, Vietnam

Trinity of Maritime Tasks

Force sizing in the 21st Century

Agenda 1. Maritime Security issues 2. 3Cs for MS Governance 3. Temporality of maritime operations 4. Maritime Forces – To be or Not to be 5. Interdependence and integration

Secure maritime commons Realm Issue Response Collaborate Region wide Maritime Security Vast Territorial Waters Maritime Crime Synergise Seagoing Forces Fly UN Flag

United (N)ations navy? UN operations land centric UN standing naval force in theory Regional cooperation mooted as the best maritime security option

Interoperability challenges Absence of common concerns Suspicions of each others intentions No common doctrine Problem of language Different technological levels Integrating command and control

Navies in Supranational Role UNCLOS III Article 93 UN Flag Code Regulations 01 January 1967 …to demonstrate support of the UN and further its principles and purposes. HMAS BALLARAT May 17 Shanghai

United (N)avy? Common Concern Trust Legal framework Information sharing SOPs

Key cooperative strategies Strengthen PSC and ISPS code to build regional MS frameworks and integrate into an international MS framework Requires taking some hard decisions at the political level in IR Countries frame MS policy and enact national legislation to meet obligations in MZ Requires national commitment to MS building and dispute resolution Constabulary high-demand high-usage maritime forces equipped to deal with enforcement and security challenges up to 200 nm Requires capacity building Move towards multilateral maritime co-operation graduating to an MS alliance in regions Requires shift in foreign policies of nations