Piracy off the coast of Somalia: Difference between revisions

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→‎Sovereignty and Environmental Protection: For this section to be here, there has to be some citation showing that toxic waste is related to piracy. Otherwise it is OR.
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Somali pirates allegedly get help from the [[Somali diaspora]]. Somali expatriates, including reputedly some among the 200,000 Somalis living in [[Canada]], offer funds, equipment and information.<ref>[http://www.thestar.com/News/World/article/552023 Somali pirates get help from expats in Canada], TheStar.com, December 11, 2008</ref>
Somali pirates allegedly get help from the [[Somali diaspora]]. Somali expatriates, including reputedly some among the 200,000 Somalis living in [[Canada]], offer funds, equipment and information.<ref>[http://www.thestar.com/News/World/article/552023 Somali pirates get help from expats in Canada], TheStar.com, December 11, 2008</ref>

== Sovereignty and Environmental Protection ==

Some European and Asian companies have been accused by Somali pirates of dumping [[toxic waste]] containers off of the coast of Somalia.<ref name =aljazeera11Oct2008/><ref name=UNEP16Mar05/> The effects of the toxic waste dumping were clear, following the massive [[2004 Indian Ocean earthquake|tsunami of 2004]], in the northern coastal sub-region of [[Hafun]].

Under Article 9(1)(d) of the [[Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal]], it is illegal for "any transboundary movement of hazardous wastes or other wastes: that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of this Convention and of general principles of international law".<ref>[http://www.basel.int/text/con-e-rev.pdf]</ref>.

According to Nick Nuttall of the [[United Nations Environmental Programme]], "Somalia has been used as a dumping ground for hazardous waste starting in the early 1990s, and continuing through the civil war there," and "European companies found it to be very cheap to get rid of the waste, costing as little as $2.50 a tonne, where waste disposal costs in Europe are something like $1000 a tonne."
<ref name =aljazeera11Oct2008>[http://english.aljazeera.net/news/africa/2008/10/2008109174223218644.html Abdullahi, Najad, '''Toxic waste' behind Somali piracy'', Al Jazeera English, 11 October 2008]</ref><ref name=UNEP16Mar05>United Nations Environment Programme (UNEP) [http://www.unep.org/cpi/briefs/Brief16Mar05.doc The Environment in the News, 16 Mar 2005]</ref>

Under Article 56(1)(b)(iii) of the [[Law of the Sea Convention]]:
<blockquote>"In the exclusive economic zone, the coastal State has jurisdiction as provided for in the relevant provisions of this Convention with regard to the protection and preservation of the marine environment".</blockquote>
Article 57 of the Convention in turn outlines the limit of that jurisdiction:
<blockquote>"The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured". <ref>[http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf]</ref>.</blockquote>


== Chronology of selected attacks ==
== Chronology of selected attacks ==

Revision as of 23:04, 22 March 2009

A montage of Somali pirates, armed with AKM assault rifles, RPG-7 rocket launchers and semi-automatic pistols
Pirates holding the crew of the Chinese fishing vessel Tian Yu No. 8, guarding the crew on the bow

Piracy off the Somali coast has been a threat to international shipping since the beginning of Somalia's civil war in the early 1990s.[1] Since 2005, many international organizations, including the International Maritime Organization and the World Food Programme, have expressed concern over the rise in acts of piracy.[2] Piracy has contributed to a rise in shipping costs and impeded the delivery of food aid shipments. Ninety percent of the World Food Programme's shipments arrive by sea, and ships have required a military escort.[3] According to the Kenyan foreign minister, Somali pirates have received over $150 million (US dollars) in ransom money during the 12 months prior to November 2008.[4]

Clashes have been reported between Somalia's Islamist fighters, who are opposed to the Transitional Federal Government, and the pirates.[5] In August 2008, Combined Task Force 150, a multinational coalition task force, took on the role of fighting Somali piracy by establishing a Maritime Security Patrol Area (MSPA) within the Gulf of Aden.[6] The increasing threat posed by piracy also caused significant concerns in India since most of its shipping trade routes pass through the Gulf of Aden. The Indian Navy responded to these concerns by deploying a warship in the region on October 23, 2008.[7][8] In September 2008, Russia announced that it too will soon join international efforts to combat piracy.[9]

On October 7, 2008, the United Nations Security Council adopted resolution 1838[10] calling on nations with vessels in the area to apply military force to repress the acts of piracy.[11] At the 101st council of the International Maritime Organization, India called for a United Nations peacekeeping force under unified command to tackle piracy off Somalia.[12] (There has been a general and complete arms embargo against Somalia since 1992.)

In November 2008, Somali pirates began hijacking ships well outside the Gulf of Aden, perhaps targeting ships headed for the port of Mombasa, Kenya.[13]

History

Armed suspected pirates in the Indian Ocean near Somalia. After the picture was taken, the vessel’s crew members opened fire on the U.S. Navy ships and the ship's crew members returned fire. One suspected pirate was killed and 12 were taken into custody.

With the chaotic state of Somalia and the lack of a central government, combined with Somalia's location at the Horn of Africa, conditions were ripe for the growth of piracy in the early 1990s. Since the collapse of the state, boats illegally fishing in Somali waters were a common sight. Pirates at first were interested in securing the waters before businessmen and militias became involved. Acts of piracy temporarily subsided following the rise of the Islamic Courts Union in 2006. However, pirate activity began to increase after Ethiopia invaded Somalia in December 2006.

During the Siad Barre regime, Somalia received aid from Denmark, Great Britain, Iraq, Japan, Sweden, USSR and West Germany to develop their fishing industry. The fishing industry comprised either cooperatives which had fixed prices for the catch, which was often exported due to the low demand for seafood in Somalia, or fishing licences. Aid money improved the ships and supported the construction of maintenance facilities [1]. After the Barre regime the income from fishing decreased due to the civil war. Some pirates are former fishermen, who argue that foreign ships are threatening their livelihood by fishing in Somali waters. After seeing the profitability of piracy, since ransoms are usually paid, warlords began to facilitate pirate activities, splitting the profits with the pirates.[14] However, in most of the hijackings, the bandits have not harmed their prisoners, hoping instead to be rewarded with ransoms.[15] The attackers generally treat their hostages well in anticipation of a big payday to the point of hiring caterers on the shores of Somalia to cook spaghetti, grilled fish and roasted meat that will appeal to a Western palate. They also keep a steady supply of cigarettes and drinks from the shops on shore.[16]

The Transitional Federal Government has made some efforts to combat piracy, occasionally allowing foreign naval vessels into Somali territorial waters.[citation needed] However, more often than not, foreign naval vessels chasing pirates were forced to break off when the pirates entered Somali territorial waters.[17][18] The government of Puntland has made more progress in combating piracy, evident in recent interventions.[19]

In June 2008, following the letter of the Transitional Federal Government to the President of the Council asking for assistance from the international community in its efforts to address acts of piracy and armed robbery against ships off the coast of Somalia the United Nations Security Council unanimously passed a declaration authorizing nations that have the agreement of the Transitional Federal Government to enter Somali territorial waters to deal with pirates.[20] The measure, which was sponsored by France, the United States and Panama, will last six months. France initially wanted the resolution to include other regions with pirate problems, such as West Africa, but were opposed by Vietnam, Libya and most importantly by veto-holding China, who wanted the sovereignty infringement limited to Somalia.[21]

On November 21, 2008 BBC News reported that the Indian Navy had received United Nations approval to enter Somali waters to combat piracy.[22]

Pirates

Profile

Puntland area in Somalia

Most pirates are aged 20-35 years old and come from the region of Puntland, a region in northeastern Somalia. The East African Seafarers' Association estimates that there are at least five pirate gangs and a total of 1,000 armed men.[23] According to a BBC report, the pirates can be divided into three main categories:

  • Local fishermen, considered the brains of the pirates' operations due to their skill and knowledge of the sea.
  • Ex-militiamen who used to fight for the local clan warlords, used as the muscle.
  • Technical experts who operate high-tech equipment such as the GPS devices.[24]

Background to piracy

Precise data on the economic situation in Somalia is scarce but with an estimated per capita GDP of $600/year, it remains one of the world's poorest countries.[25] Millions of Somalis depend on food aid and in 2008, according to the World Bank, as much as 73% of the population lived on a daily income below $2.[26][27] These factors and the lucrative success of many hijacking operations have drawn a number of young men toward gangs of pirates whose wealth and strength often make them part of the local social and economic elite. Abdi Farah Juha who lives in Garoowe (100 miles from the sea) told the BBC "They have money; they have power and they are getting stronger by the day. [...] They wed the most beautiful girls; they are building big houses; they have new cars; new guns.""[24]

Effects and perceptions

There have been both positive and negative effects of the pirates' economic success. Local residents have complained that the presence of so many armed men makes them feel insecure, and that their freespending ways cause wild fluctuations in the local exchange rate. Others fault them for excessive consumption of alcoholic beverages and khat.[24]

On the other hand, many other residents appreciate the rejuvenating effect that the pirates' on-shore spending and re-stocking has had on their impoverished towns, a presence which has oftentimes provided jobs and opportunity when there were none. Entire hamlets have in the process been transformed into veritable boomtowns, with local shop owners and other residents using their gains to purchase items such as generators -- allowing full days of electricity, once an unimaginable luxury.[16]

Weaponry and funding

The pirates get most of their weapons from Yemen, but a significant amount comes from Mogadishu, Somalia's capital. Weapons dealers in the capital receive a deposit from a hawala dealer on behalf of the pirates and the weapons are then driven to Puntland where the pirates pay the balance.[24] Various photographs of pirates in situ indicate that their weapons are predominantly AKM assault rifles, RPG-7 rocket launchers and semi-automatic pistols such as the TT-30[28][29]. Additionally, given the particular origin of their weaponry, they are likely to have hand grenades such as the RGD-5 or F1.

Pirates say ransom money is paid in large denomination US dollar bills. It is delivered to them in burlap sacks which are either dropped from helicopters or cased in waterproof suitcases loaded onto tiny skiffs. Ransom money has also been delivered to pirates via parachute, as happened in January 2009 when an orange container with $3 million cash inside it was dropped onto the deck of the supertanker MV Sirius Star to secure the release of ship and crew.[30] To authenticate the banknotes, pirates use currency-counting machines, the same technology used at foreign exchange bureaus worldwide. According to one pirate, these machines are, in turn, purchased from business connections in Dubai, Djibouti, and other areas.[16] Hostages seized by the pirates usually have to wait 45 days or more for the ships' owners to pay the ransom and secure their release, [4] but the pirates' treatment of the hostages is relatively humane, and their reputation for turning over the ship, cargo and crew over upon receipt of the demanded ransom has been cited as a reason for their continued success in having their demands met.[31]

Somali pirates allegedly get help from the Somali diaspora. Somali expatriates, including reputedly some among the 200,000 Somalis living in Canada, offer funds, equipment and information.[32]

Chronology of selected attacks

Somali pirates have attacked dozens of vessels with a fraction of those attacks resulting in a successful hijacking. Between the beginning of 2008 and November 19, 2008 there have been 95 attacks which includes 39 successful hijackings. Most of these attacks occur in the Gulf of Aden but the Somali pirates have been increasing their range and have started attacking ships as far south as off the coast of Kenya in the Indian Ocean.[33][34]



In efforts with the Military Naval Forces, Private Militaries Companies, have staked positions with Diplomacy and Intelligence." Sea Force", a Private Naval Military and Marine Security provider, is in dialogue with the new Government of Somalia, a firm dedicated to tackle piracy and terrorism. Sea Force is the leading expert of Maritime Security, comprised of Intelligence Operatives and Naval Special Warfare Units (SHARKs), that formulate a High Alert Level Team (HALT). The only PMC firm with a fleet, capable of negotiations, recoveries, crisis intervention, close protection courier services, naval defence training, specialised maritime logistics solutions for the governmental & military programmes, and providing piracy & terrorism solutions.

Anti-piracy measures

Ships of the multinational fleet Combined Task Force 150, March 2004
From the left DM F-213 Augsburg, JMSDF DD-106 Samidare, RNZN F-111 Te Mana, JMSDF DDG-175 Myōkō, MMI F-573 Scirocco, Unknown, USN USS CG-55 Leyte Gulf, JMSDF AOE-422 Towada, USS DD-985 Cushing

Military presence

The Military response to pirate attacks has brought about a rare show of unity by countries that are either openly hostile to each other, or at least wary of cooperation, military or otherwise.

In response to the increased activity of the INS Tabar, India sought to augment its naval force in the Gulf of Aden by deploying the larger INS Mysore to patrol the area. Somalia also added India to its list of states, including the U.S. and France, who are permitted to enter its territorial waters, extending up to 12 nautical miles (22 km) from the coastline, in an effort to check piracy.[35] An Indian naval official confirmed receipt of a letter acceding to India's prerogative to check such piracy. "We had put up a request before the Somali government to play a greater role in suppressing piracy in the Gulf of Aden in view of the United Nations resolution. The TFG government gave its nod recently."[36] India also expressed consideration to deploy up to four more warships in the region.[37][38]

Similarly, Russia also chose to send more warships to combat piracy near Somalia. This announcement followed the International Maritime Bureau terming the menace as having gone "out of control."[39] Germany said it was willing to add 1,400 troops to join an E.U. mission in the area that would begin in December. Africom commander, General William Ward, added that the United States was concerned about the rise in piracy, and was involved in multilateral efforts to provide security, "The United States is participating in those activities currently, but again, that is not specifically being controlled by the United States Africa Command."[40]

Nations with navy fighting piracy and insurgency are colored green, former in blue, nations with navies contributing to Operation Atalanta in purple; nations with an infantry presence only in red. Somalia is in yellow.

European naval vessels have operated against piracy either independently, or as part of Combined Task Force 150. As a result of increased piracy, the European Union has established Operation Atalanta, to co-ordinate the European naval response to piracy and maintain international law in international waters in the region.

A maritime conference was also held in Mombasa to discuss the rising concern of regional piracy with a view to give regional and world governments recommendations to deal with the menace. The International Transport Workers Federation (ITWF) organised the regional an African maritime unions’ conference, a first of its kind in Africa. Godfrey Matata Onyango, executive secretary of the Northern Corridor Transport Coordination Authority said that "We cannot ignore to discuss the piracy menace because it poses a huge challenge to the maritime industry and if not controlled, it threats to chop off the regional internal trade. The cost of shipping will definitely rise as a result of the increased war insurance premium due to the high risk off the Gulf of Aden."[41] Pakistan offered the services of Pakistan Navy to the United Nations in order to help combat the piracy in Somalia. Pakistan had a number of conditions that had to be met before it would get involved though.[42]

China announced on 18 December 2008, that it would be deploying naval forces to escort Chinese vessels off the coast of Somalia. Chinese state media has suggested that a force of two destroyers and a supply ship will be sent to join anti-piracy operations off the coast.[43] The ships have been reported as being the guided missile destroyers Haikou (171) and Wuhan (169) and the supply ship Weishanhu. On December 23, 2008, China will send three warships with crews trained against piracy and an additional unknown number of Chinese Special Forces armed with attack helicopters to deal with the Piracy in Aden.[44][45]

Norway announced on 27 February 2009, that it would send the frigate Fridtjof Nansen to the coast of Somalia to fight piracy. KNM Fridtjof Nansen joins EU's international naval force in August.[46] As of December 18, 2008, naval ships from eleven NATO, four SCO, and 4 other countries have been deployed in the region in order to serve as escorts and to deter acts of piracy:

File:USS San Antonio LPD-17 USN Photo 090112-N-7918H-499.jpg
USS San Antonio (LPD-17), CTF-151 flagship.

As of January 8th, 2009, Brian Murphy of the Associated Press reports that Rear Admiral Terence E. McKnight, U.S. Navy, is to command a new multi-national naval force to confront piracy off the coast of Somalia. This new anti-piracy force was designated Combined Task Force 151 (CTF-151), a multinational task force of the Combined Maritime Forces (CMF). The USS San Antonio (LPD-17) was designated as the flagship of Combined Task Force 151, serving as an afloat forward staging base (AFSB) for the following force elements:

Initially, CTF-151 consisted of the San Antonio, USS Mahan (DDG-72), and HMS Portland (F79), with additional warships expected to join this force.[70]

Samidare (DD-106)

On January the 28th, 2009, Japan has announced its intention of sending a naval task force to join international efforts to stop piracy of the coast of Somalia. The deployment would be highly unusual, as Japan's pacifist constitution means Japanese military forces can only be used for defensive purposes. The issue has been controversial in Japan, although the ruling party maintains this should be seen as fighting crime on the high seas, rather than a "military" operation. The process of the Prime Minister of Japan, Taro Aso, giving his approval is expected to take approximately one month.[71] However, the Japanese Maritine Self-Defense Force (JMSDF) and the Japanese government face legal problems on how to handle attacks by pirates against ships that either have Japanese personnel, cargo or are under foreign control instead of being under Japanese control as current Article 9 regulations would hamper their actions when deployed to Somalia.[72] It was reported on February 4, 2009, that the JMSDF was sending a fact-finding mission led by Gen Nakatani to the region prior to the deployment of the Murasame-class destroyer JDS DD-106 Samidare and the Takanami-class destroyer JDS DD-113 Sazanami to the coast of Somalia.[73][74] Both JMSDF vessels are units of the 8th Escort Division of the 4th Escort Flotilla based in Kure, Hiroshima Prefecture.[75] The JMSDF's special forces unit, the Special Boarding Unit is also scheduled to potentially deploy to Somalia.[76][77] The SBU has been deployed alongside the two destroyers to Somalia on March 14, 2009.[78] According to JMSDF officials, the deployment would "regain the trust of the shipping industry, which was lost during the war."[79] The JMSDF task force would be deployed in Somalia for 4 months.[80]

The South Korean navy is also making plans to participate in anti-piracy operations after sending officers to visit the US Navy's 5th Fleet in Bahrain and in Djibouti.[81] The South Korean cabinet had approved a government plan to send in South Korean navy ships and soldiers to the coast of Somalia to participate in anti-pirate operations.[52] The ROKN was sending the Chungmugong Yi Sun-sin class destroyer DDH 976 Munmu the Great to the coast of Somalia.[82]

Singapore will be deploying an Endurance Class Landing Ship Tank (LST) with two Super Puma helicopters for a period of three months in 2009. The LST will be deployed once operational arrangements have been made. [83]

Arab League summit

Following the seizure by Somali pirates of an Egyptian ship and a huge Saudi oil supertanker worth $100 million of oil, the Arab League, after a meeting in Cairo, has called for an urgent summit for countries overlooking the Red Sea, including Egypt, Saudi Arabia, Sudan, Somalia, Jordan, Djibouti and Yemen. The summit would offer several solutions for the piracy problem, in addition to suggesting different routes and looking for a more secure passageway for ships.

Another possible means of intervention by the Red Sea Arab nations' navy might be to assist the current NATO anti-piracy effort as well as other navies.[84]

United Nations

The UN Security Council adopted a resolution on November 20, 2008 that was proposed by Britain to introduce tougher sanctions against Somalia over the country's failure to prevent a surge in sea piracy.[85] The US circulated the draft resolution that called upon countries having naval capacities to deploy vessels and aircrafts to actively fight against piracy in the region. The resolution also welcomed the initiatives of the European Union, NATO and other countries to counter piracy off the coast of Somalia. US Alternate Representative for Security Council Affairs Rosemary DiCarlo said that the draft resolution "calls on the secretary-general to look at a long-term solution to escorting the safe passage of World Food Programme ships."[86] Even Somalia's Islamist militants stormed the Somali port of Haradheere in the hunt for pirates behind the seizure of a Saudi supertanker, the MV Sirius Star. A tribal elder affiliated with the Islamists said "The Islamists arrived searching for the pirates and the whereabouts of the Saudi ship. I saw four cars full of Islamists driving in the town from corner to corner. The Islamists say they will attack the pirates for hijacking a Muslim ship."[87]

On December 17, 2008, the UN Security Council unanimously adopted a tougher resolution, allowing for the first time international land and sea occupations in the pursuit of pirates.[88] Four ships, a Chinese fishing boat, a Turkish cargo ship, a Malaysian tug, and a private yacht were seized by pirates that same day.[89]The Resolution 1851 takes current anti-piracy measures a step further. [90]

See also

References

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