1. COOPERATIVE STRATEGIES FOR MARITIME SECURITY GOVERNANCE
Dr Manoj Gupta

2. 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

3. UN Law of the Sea Convention

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

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

6. Drug Smuggling
In , 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

7. People smuggling

8. 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

9. 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

10. 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

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

12. 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

13. 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

14. 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)

15. 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

16. 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

17. 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

18. 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

19. 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

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

21. 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

22. 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

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

24. 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

25. 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

26. Trinity of Maritime Tasks

27. Force sizing in the 21st Century

28. 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

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

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

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

32. 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

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

34. 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