Enhancing Maritime Security & Counter-Piracy

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1 Enhancing Maritime Security & Counter-Piracy Captain Hartmut G. Hesse Special Representative of the S-G (retd) (Maritime Security & Counter-Piracy Programmes) International Maritime Organization 1

2 Enhancing Maritime Safety and Security SOLAS and the ISPS Code AIS/LRIT SUA Treaties boarding provisions Piracy - Legal Basis - Global Situation - Regional Agreements - Counter-Piracy Capacity Building 2

3 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 3

4 Chapter XI-2 Applies to:>passenger Ships >Cargo Ships => 500GT >Mobile offshore Drilling Units >Port facilities serving ships engaged in international voyages 4

5 Chapter XI-1 Vessels required to have: Ship Identification Number Continuous Synopsis Record 5

6 Chapter XI-2 Vessels required to have: Ship Security Alert System (SSAS) 6

7 Chapter V Vessels Require to have: Automated Identification Systems (AIS) Long-Range Identification and Tracking (LRIT) Systems 7

8 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; Coordinator) Inter-governmental oversight - IMSO Data access by flag-, port- and coastal States and SAR services 8

9 LRIT information may be provided when a ship navigates within a distance not exceeding 1,000 nautical miles off the coast Contracting Government requesting LRIT information a distance set by the coastal State Port A limit of territorial sea Examples of access to LRIT information 9

10 LRIT system architecture National LRIT Data Centre International LRIT Data Exchange 6 Regional LRIT Data Centre LRIT Data Centre 5 International LRIT Data Centre LRIT Data Centres share and exchange LRIT information through the International LRIT Data Exchange Co-operative LRIT Data Centre 10

11 International Ship and Port Facility Security Code 11

12 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 12

13 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 13

14 Guidance Guidance on the submission of security-related information prior to the entry of a ship into port Guidance on voluntary self-assessment by SOLAS contracting Governments, ships, port facilities and companies (interim) Guidance on control and compliance measures to enhance maritime security Guidance on the implementation of SOLAS chapter XI-2 and the ISPS Code Maritime Security Manual 14

15 Current agendas and emerging initiatives on maritime security Revision of SUA Convention Frank Wall and Associates 15 15

16 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 required Status 23/19 ratifications in force 28/7/10 16

17 Current agendas and emerging initiatives on maritime security Revision of SUA Convention: Article 8 bis Boarding provisions Frank Wall and Associates 17 17

18 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 Further implementation 18

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20 PIRACY United Nations Convention on the Law of the Sea (UNCLOS)

21 MARITIME ZONES

22 Other relevant provisions IMO Resolutions A.979(24), A.1002(25), A.1026(26) A.1044(27) UN SC Resolutions 1918/1950/1976/2015/2020 UN SC Resolutions 2018/2039 Contact Group on Piracy off the Coast of Somalia (CGPCS) Gulf of Aden IRTC (SN.1/Circ.281) Djibouti Code of Conduct (DCoC) West Central Africa Code of Conduct (WCACoC) IMO Guidance 22

23 IMO Guidance (1) Global guidance to Governments, ship owners, ship operators and crews on suppression of piracy Investigation of offences Somalia-specific guidance including BMP Guidance to flag States, coastal and port States, shipowners, ship operators and ship masters on privately contracted armed security personnel (PCASP) Guidance to PCASP Guidance to Private Maritime Security Companies providing PCASP

24 Global Situation 2012 Global (571) /40% South East Asia and Malacca Straits 90 / 24 (113/22) West Africa East Africa (Somalia) -23/+2 64 (61) - plus (286) - minus 186 successful 12 (33) - minus 21 success ratio 12% (11.5%) 24

25 Global Situation Incidents Hostages taken

26 Global Situation 12/ ships and 313 seafarers 12/ ships and 261 seafarers 12/ ships and 656 crew 03/13 7 ships and 77 seafarers held hostage

27 Reasons for Somali success/decline Naval forces patrol LRIT data provision Improved Guidelines and BMP implementation Imprisonment of 1000 pirates and several 100s lost Carriage of PCASP

28 Consequences Naval success GoA Geographical expansion of pirate operations Up to 1750 nm off Somali coast 2.8 Mio sq miles mother ship operations

29 Regional Agreements South East Asia and Malacca Straits ReCAAP 2006 Cooperative Mechanism 2007 West and Central Africa IMO / MOWCA Integrated Coastguard Function Network West Central Africa Code of Conduct (WCACoC) East Africa (Somalia) Djibouti Code of Conduct (DCoC) Kampala process 29

30 Djibouti Code of Conduct (DCoC) (1) January States in the region DCoC - co-operation: a) b) c) d) Investigation, arrest and prosecution Interdiction and seizure Rescue of ships, persons and property Conduct of shared operation 30

31 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 awareness 31

32 Djibouti Code of Conduct (DCoC) (3) Information sharing centres: Regional Training Centre in Djibouti MRCC in Mombasa, Kenya RCC in Dar es Salaam, Tanzania Regional Security Information Centre in Sana a, Yemen 32

33 MOWCA IMO / MOWCA Integrated Coast Guard Function Network 15 signatory States from the region

34 Initiatives for the Region UN Security Council resolutions 2018(2011) and 2039(2012) African Union Integrated Maritime Strategy ECCAS Maritime Strategy ECOWAS draft Integrated Maritime Strategy IMO / MOWCA MoU

35 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

36 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 2013 Open for signature: Head of State meeting Yaoundé, Cameroon, 17 May 2013

37 Key Objectives Review of national legislation Capability for maritime law enforcement Capacity building cooperation Coordinated, smooth, and effective communications through information exchange centres

38 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

39 Future Action by IMO Implementation of DCoC Legal Mariritme Situational Awareness Communication PSSL Implementation of WCACoC UN / multi Agency cooperation Review BMPs and IMO Guidance Co-operation with Navies CGPCS e.g. HRA & liability debate 39

40 Future Action by IMO (2) Development of sustainable maritime sector in Somalia Support UNPOS/Kampala process SOLAS XI-2 & ISPS Code ratification and implementation WMU/IMLI fellowships for Somalis Rehabilitation seafarer/fishermen training & certification centres Facilitation of maritime transport Fishing sector training 40 Coast Guard & MDA Capabilities

41 International Maritime Organization Safe, secure and efficient shipping on clean oceans