Equipped with machine guns, rocket propelled grenades and small missile launchers high-tech pirates lurking offshore Somalia, particularly awaiting vessels from the western part of the globe, are boosting current news coverage as the gas tanker “Longchamp”, motor vessel “Irene” and container vessel “Hansa Stavanger” have shown. A couple of weeks ago yet another ship has been captured. According to the International Maritime Organization (IMO) data, there had been more pirate attacks reported in the first quarter of 2009 than in the entire previous year, whereas Somali pirates had undertaken half of those. It seems as if the twenty-first century is competing against the seventeenth. Put differently, combating piracy off the Somali coast might now be considered an analogy to the fight against international terrorism following September 11.
Being considered a rather regional problem so far, piracy off the coast of Somalia has taken on international implications since more than 20,000 ships a year are passing Somali waters carrying about 8 % of the world’s trade of goods and commodities. This very important route – through the Gulf of Aden – is threatened continuously by pirates affecting international commercial shipping, fishing and humanitarian aid supply.
In the first step this paper will introduce the region as well as the setting of the crisis and offer a pragmatic definition of the act of piracy. Subsequently it will outline the extent to which the crisis causes significant concerns and point out its impact not only on Somalia but also on international trade, the environment and security; altogether stirring vitally important areas of international freedom. In the second step it will cover the actions taken by the international community, especially the United Nations Organizations, and approach proposals to resolve the conflict. The consequential arguments represent the bridging to the third part which will summarize the points at issue and conclude with questions offering incentives to alternative approaches.
Table of contents
Abbreviations
1. Introduction
2. Context
3. The Phenomenon Piracy
3.1. Definition
3.2. Causes and Consequences of Piracy offshore Somalia
4. Multilateral Responses to the Crisis
4.1. Efforts of the United Nations
4.2. NATO and EU-NAVFOR Somalia
4.3. Further Actions, Consultations and Debates
5. Proposals for Combating Piracy
6. The points at issue
References
Abbreviations
illustration not visible in this excerpt
“It's stating the obvious to say the Somali crisis that involves millions of people receives almost no attention while the
Somali crisis that involves millions of dollars receives unprecedented military action.”
(The TIME Magazine, Alex Perry / Cape Town Friday, Jun. 05, 2009)
1. Introduction
Equipped with machine guns, rocket propelled grenades and small missile launchers high-tech pirates lurking offshore Somalia, particularly awaiting vessels from the western part of the globe, are boosting current news coverage as the gas tanker “Longchamp”, motor vessel “Irene” and container vessel “Hansa Stavanger” have shown. A couple of weeks ago yet another ship has been captured.1 According to the International Maritime Organization (IMO) data, there had been more pirate attacks reported in the first quarter of 2009 than in the entire previous year, whereas Somali pirates had undertaken half of those.2 It seems as if the twenty-first century is competing against the seventeenth. Put differently, combating piracy off the Somali coast might now be considered an analogy to the fight against international terrorism following September 11.
Being considered a rather regional problem so far, piracy off the coast of Somalia has taken on international implications since more than 20,000 ships a year are passing Somali waters carrying about 8 % of the world’s trade of goods and commodities. This very important route - through the Gulf of Aden - is threatened continuously by pirates affecting international commercial shipping, fishing and humanitarian aid supply.3
In the first step this guide will introduce the region as well as the setting of the crisis and offer a pragmatic definition of the act of piracy. Subsequently it will outline the extent to which the crisis causes significant concerns and point out its impact not only on Somalia but also on international trade, the environment and security; altogether stirring vitally important areas of international freedom.4 In the second step it will cover the actions taken by the international community, especially the United Nations Organizations, and approach proposals to resolve the conflict. The consequential arguments represent the bridging to the third part which will summarize the points at issue and conclude with questions offering incentives to alternative approaches.
2. Context
Since opposing clans drove President Siad Barre from the country in January 1991 Somalia has been marked by civil war. The country lacks a functioning national government and is therefore considered a failed state par excellence, suffering from political as well as military violence. The warring parties - Transitional Federal Government forces (TFG)5, Opposition clans as the Alliance for the Re-Liberation of Somalia (ARS)6 and Islamist militias comprised of the Islamic Courts Union (ICU), the Ogaden National Liberation Front (ONLF) and AL-Shabaab7 - have not succeeded in uniting around a replacement but have rather created a humanitarian catastrophe as their persistent fighting violates human rights severely.8
Following the UN Peacekeeping Operation in Somalia (UNOSOM) which was introduced in 1992 the Unified Task Force (UNITAF) backed by the United Nations and initiated by the USA arrived at once. This humanitarian and peace building intervention was a miserable failure already two years later, after more than 40 casualties were recorded resulting from a firefight in Mogadishu. Simultaneously the international troops withdrew in March 1995.9
In 2006 violent fighting between the ICU10 and the Alliance for the Restoration of Peace and Counter-Terrorism (ARPCT)11 broke out. Wanting for strong troops to defeat the ICU, Ethiopian forces were invited by the TFG to support the battle culminating in the successful banishment of the ICU out of Mogadishu and other strategic towns. Since the presence of Ethiopian troops intensified the crisis, a withdrawal represented the main precondition for any peace talks. To stabilize the tense situation and support the transitional institutions, the peace support mission African Union Mission in Somalia (AMISOM)12 was introduced by the African Union in January 2007. The momentary political appeasement was reached with the signing of the Djibouti Peace Agreement on 9 August 2009 and the egress of Ethiopian troops in January this year.13
Apart from these developments ashore, another growing issue has stressed the continuous, unacceptable security situation impeding international efforts to stabilize the region effectively. Concurrent with the two-decade civil war, piracy off the coast of Somalia has been a known issue for the international community, but over the last three years pirates’ attacks have risen drastically in the region.14
3. The Phenomenon Piracy
3.1. Definition
Put Simply piracy is “unlawful depredation at sea”15 ; occurring all over the globe it has international implications. Although not being explicitly politically motivated, it has been linked to prevailing political conditions and especially the weak state.16 Since common notions of piracy have been used unambiguously two definitions have had the lead in international application.
The definition by the International Maritime Bureau (IMB) of piracy reads pragmatically:
“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.”17
Whereas the United Nations Convention on the Law of the Sea of 1982 (UNCLOS) is more circumscribed; Article 101 defines piracy as:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).18
This latter definition is applied by the United Nations’ shipping regulator, the International Maritime Organization (IMO), to restrict piracy to the high seas and promote law-enforcement measures against it.19
Considered an opportunity, piracy is a low-risk criminal act that pays Somali pirates well. As often referred to as the main motivator poverty plays a crucial role, but far more factors enable its thriving. Thus, regarding economic necessity as the first cause is too shortsighted.20 It is rather a variety of intertwined elements - which will be outlined in the following - that particularly in Somalia spreads this illegal activity and nurtures the crisis.
3.2. Causes and Consequences of Piracy offshore Somalia
Piracy in Somalia - and criminality at sea in this region - can thrive since its coast has been troubled by war as well as civil disturbance. The combination of the absence of a law-enforcing authority and the circumstance of disillusion draws people towards criminality.21 Long lasting droughts and floods exacerbate the crisis having degenerated Somalia to one of the poorest regions of the world. Without the regular humanitarian aid provided by the World Food Program (WFP) Somalia’s food stock is seriously threatened. Having said this, piracy is being underpinned by the financial attraction, since it represents a lucrative business. While keeping the largest fraction of the generated money themselves, pirates transfer a considerable amount to important locals, some of them being involved in the persistent humanitarian catastrophe and suspected of being a terrorist. These regularly available funds enable the purchase of arms and undoubtedly help financing the ongoing civil war.22 Piracy in Somalia also thrives because of its cultural acceptability since “along the coast they [the pirates] are greeted as heroes for having brought back to this desolate corner of the earth some semblance of any economy that, however criminal it may be, is preferable to perennial famine”.23 Foreign illegal fishing as well as illicit waste dumping underpins this acceptance and brings even some “justice” on the side of the Somali people.24
The conditions for international commerce have altered, since piracy has led to augmenting shipping costs. Cargo deliveries behind schedule imply economic loss for enterprises and shipping companies; paired with ransoms and growing war risk insurance premiums, these factors are penetrating accounting significantly.25 The lack of international maritime measures for security facilitates not only the smuggling and trade of people and arms but also boosts illegal fishing in Somali waters, exacerbating the predominant distortion of competition.
[...]
1 Spiegel Online - Panorama: Piraten vor Somalia „In der Zone der Angst“ from Mombasa by Horand Knaup, available at http://www.spiegel.de/panorama/0,1518,555679,00.html retrieved November 04, 2009
2 CNN -Crime: “Global pirate attacks on the increase” by By Saeed Ahmed, updated 7:17 a.m. EDT, Wed October 21, 2009; available at http://www.cnn.com/2009/CRIME/10/21/world.piracy.increase/index.html#cnnSTCText, retrieved November 04, 2009
3 International Maritime Organization: “ Piracy in waters off the coast of Somalia “ available at http://www.imo.org/home.asp?topic_id=1178 retrieved October 04, 2009
4 Middleton, Roger, “ Piracy in Somalia: Threatening Global Trade, Feeding Local Wars ” (London: Briefing Paper, Chatham House, The Royal Institute of International Affairs, 2008), p. 3 [in the following also referred to as “Middleton Briefing Paper”]
5 Transitional Federal Government (TFG): The Somali government created in 2004 as a government of national unity tasked with administering a five-year political transition. Supported by Ethiopia’s military intervention, the TFG has lacked popular support, been perceived as a tool of foreign interests, and has been incapable and unwilling to effectively govern the vast majority of Somalia. See also: enough Project at http://www.enoughproject.org/conflict_areas/somalia/key-terms, retrieved October 04, 2009
6 Main opposition formed by the Alliance for the Re-Liberation of Somalia (ARS): Umbrella group for moderate Somali opposition. It is comprised of former leaders of the Islamic Courts Union and non-Islamist opposition groups. See also: enough Project at http://www.enoughproject.org/conflict_areas/somalia/key-terms, retrieved October 04, 2009 [in the following referred to as “enough Project”]
7 Comprised of three major parties: Islamic Courts Union (ICU): Broad umbrella group of Islamic courts and affiliated militias who took control of most of south-central Somalia during 2006. They were ousted by the Ethiopian military during an intervention in support of the Transitional Federal Government in December 2006. Ogaden National Liberation Front (ONLF): Rebel movement of ethnic Somalis waging an insurgency against Ethiopia for control of the Ogaden region. They were supported by the Islamic Courts Union during 2006. AL-Shabaab: Hardline Islamist militia, which continues to leas an insurgency against the Transitional Federal Government. See also: enough Project
8 Lackey, Chris Albin, "So Much to Fear" - War Crimes and the Devastation of Somalia (New York, NY: Human Rights Watch 2008), p. 3-5 [in the following also referred to as “HRW 2008”]
9 United Nations Political Office for Somalia: http://unpos.unmissions.org/Default.aspx?tabid=1927, retrieved October 04, 2009 [in the following also referred to as “UNPOS”]
10 The ICU had banished warlords in and consolidated power over Mogadishu by establishing courts and institutions for the administration of the region. See also: UNPOS
11 Alliance for the Restoration of Peace and Counter-Terrorism (ARPCT): alliance created by various warlords, businesspeople and ministers in the TFG to fight the ICU and recapture Mogadishu.
12 African Union Mission in Somalia (AMISOM): “mandated by the African Union Peace and Security Council to conduct PSO in Somalia for a limited period of 6 months to stabilize the situation in the country in order to create conditions for the conduct of Humanitarian activities and an immediate take over by the UN.” See: http://www.africa- union.org/root/AU/AUC/Departments/PSC/AMISOM/AMISOM_Mandat_Tasks.htm, retrieved October 04, 2009. Pursuant to the mandate the total strength should be 8,000, but due to shortfall of troops only 4,300 soldiers are currently deployed by Uganda, Burundi. See also: UNPOS
13 UNPOS
14 Rubrick, Biegon, "Somali Piracy and the International Response" (Washington, DC: Foreign Policy In Focus, January 29, 2009), p. 1
15 Murphy, Martin N., „ Contemporary Piracy and Maritime Terrorism “ - The threat to international security, (London: Routledge, Adelphi Paper 388, 2007), p. 12 [in the following also referred to as “Murphy Adelphi Paper”]
16 Murphy Adelphi Paper, p. 11
17 ICC International Maritime Bureau, Piracy and Armed Robbery Against Ships: Annual Report 2006 (Barking: ICC Publishing, 2006) (covering period 1 January-31 December 2005), p.3
18 United Nations Convention on the Law of the Sea of 10 December 1982: available at http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf, p. 61 retrieved October 05, 2009
19 Murphy Adelphi Paper, p. 12
20 Ibidem, p. 13
21 Ibidem, p. 15
22 Middleton Briefing Paper, p. 9
23 Archibugi, Daniele; Chiarugi, Marina, „ Piracy challenges global governance ” (open Democracy News Analysis, 2009), p. 4 available at http://www.opendemocracy.net/article/piracy-challenges-global-governance, 61 retrieved October 05, 2009
24 The Independent (Commentators): Johann Hari - “You are being lied to about pirates”, Monday, 5 January 2009, available at http://www.independent.co.uk/opinion/commentators/johann-hari/johann-hari-you-are-being-lied-to-about- pirates-1225817.html, retrieved November 05,2009
25 Middleton Briefing Paper, p. 9-10
- Citar trabajo
- Alen Bosankic (Autor), 2009, The Situation in Somalia: Piracy, Múnich, GRIN Verlag, https://www.grin.com/document/265140
