C I V I L - M I L I T A R Y F U S I O N C E N T R E M E D I T E R R A N E A N B A S I N T E A M P R E S E N T S

International Maritime Piracy and Armed Robbery

Comprehensive Information on Complex Crises

April 2012 Britta Rinehard Desk Officer Horn of Africa britta.rinehard@cimicweb.org

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This report discusses global maritime piracy, looking at key regions such as the Americas, the Gulf of Aden and Indian Ocean, West Africa and South-East Asia, addressing the broader context of piracy as well as differences identified among piracy prone regions. Related information is available at www.cimicweb.org. Hyperlinks to source
material are highlighted in blue and underlined in the text. ________________________________________ Seaborne trade has allowed worldwide import and export of goods at a high volume for centuries. It has grown steadily over the years and, currently, approximately 90% of world trade is conducted by sea. Maritime shipping is key to the global economy, providing for the bulk transport of raw materials as well as the import and export of affordable food and manufactured goods. The threat of maritime piracy is a long-standing challenge for governments and the transportation industry. Piracy continues to pose a danger not only to shipping companies and shipowners but also to the nearly 1.4 million seafarers worldwide. While acts of piracy around the globe share commonalities, regional acts take on specific traits. This paper will explore maritime piracy as it occurs in piracyprone areas, including four regions, as defined by the International Maritime Bureau (IMB) Piracy Reporting Centre (PRC): Southeast Asia and Indian sub-continent, Africa and Red Sea, South America, Central America and the Caribbean and Rest of the world. In 2010 the IMB PRC reported 445 attacks1 and 53 hijackings worldwide for 2010. In 2010, the PRC also reported 1,181 hostages worldwide taken by pirates, the highest number since 1991, when IMB began keeping records. Once captured, crewmembers often endure physical and psychological abuse by their captors. In 2011, IMB confirmed that 439 attacks took place and 45
1

Definition of attack: an incident where weapons are discharged by pirates or paraphernalia makes contact with vessel

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vessels were hijacked, down a mere 1.4% and 15% respectively. IMBs Live Piracy Map 2011, pictured above, shows the incident locations. Piracy Defined2 In an attempt to find a universal understanding of the term piracy, the United Nations included its definition in the United Nations Convention on the Law of the Sea (UNCLOS) on 10 December 1982. Part VII Article 101 states that piracy consists of any of the following acts: 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). In their 2009 annual report, IMB defined piracy and armed robbery for statistical purposes as, an act of boarding or attempting to board any ship with the apparent intent to commit theft of any other crime and with the apparent intent or capability to use force in the furtherance of that act.3 This is much broader than the UNCLOS definition, since it includes attacks at high sea as well as within territorial waters4. Armed Robbery The International Maritime Organization (IMO) saw a need to define armed robbery, since many of these acts occurred within the jurisdiction of a state. UNCLOSs piracy description prevented law enforcement to take action within territorial waters. Pirates would hijack vessels in international waters and sail them into the territorial seas. IMOs MSC.1, Circular 1334, Piracy and Armed Robbery Against Ships, from 23 June 2009 defines armed robbery as follows: Armed robbery against ships means any unlawful act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a States internal waters, archipelagic waters and territorial sea.5 The South East Asia and Indian Sub-continent Sea piracy in South East Asia and the Indian Sub-continent has existed for centuries but became a more prominent issue in the 1990s. According to an article in the Asia-Pacific Journal, two reasons contributed to the rise, the Asian financial crisis in 1997 and increased reporting of piracy attacks. The Malacca Strait is one of the worlds busiest shipping lanes, connecting the Indian Ocean with the South China Sea and the Pacific Ocean. This area was once the global hot spot for piracy but with the increase of piracy off the coast of Somalia, the Strait no longer holds that designation. The Malacca Strait is 550 miles
2 3

Modern definition of piracy ICC International Maritime Bureau Piracy and Armed Robbery Against Ships Annual Report 01 January 31 December 2009 4 Definition of territorial sea can be found in UNCLOS Part II article 2 5 Also defined in IMO MSC.1/Circ. 1333, Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships.

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(885 km) long, and reaches a width of 250 miles (400 km) in the north and ten miles in the south; however, the Straits width at the narrowest point is 1.7 miles (2.7 km) and is one of the worlds seven transit chokepoints. About 70,000 merchant vessels and one-third of the worlds crude oil pass through the Strait annually. According to National Geographic, there are three types of piracy issues in the Straits, including: gangs that board vessels to rob the crews, multinational syndicates that steal entire ships, and guerrilla groups that kidnap seamen for ransom. In the past, security alerts have been issued, warning of possible attacks on vessels by terrorist groups. Left largely unaddressed, by 2005, pirate attacks in the Malacca Strait accounted for 40% of global incidents alone. In mid-2005, the Malacca Strait was added to the Hull, War, Strikes, Terrorism and Related Perils list by the Joint War Committee (JWC), a group of transportation insurance underwriters. International Efforts In an attempt to effectively address and coordinate counter-piracy efforts, the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) was created in 2004 and as of December 2011, comprises 17 member states. It is the first regional government-to-government agreement to address maritime piracy. In addition to promoting and enhancing cooperation amongst the member states to counter-piracy and armed robbery in Asia, it also provides a forum to share vital information amongst the partners in regards to these issues. Indonesia, Malaysia and Singapore created the Malacca Strait Sea Patrol (MSSP) in 2004, a trilateral, coordinated patrol effort to increase security in the area. In July 2005, regional patrols were heavily increased and resulted in a decrease of incidents, causing the JWC to remove the Malacca Strait from the list in August of 2006. While regional cooperation amongst the littoral states has been credited with the decrease in attacks, warnings from the PRC about possible pirate attacks prevail. Littoral states to the Malacca Strait launched other initiatives to enhance the security in the region, such as the Eyes-in-the-Sky (EiS) and MSP Intelligence Exchange Group (IEG). Indonesia, Malaysia and Singapore continue to perform patrols to improve the security situation in the Malacca Strait. In addition, other states such as Australia, India, Japan, the United States and China have offered military assistance. On-going initiatives include Offshore Patrol Vessels (OPV) Asia-Pacific Region conferences. In 2011, the conference was attended by senior officers from the navies and coast guards of more than 20 different nations, focusing on an all-rounded perspective on regional security threats, acquisition, upgrade and capabilities of OPVs. The 2nd Annual OPV Asia-Pacific conference took place in March 2012 in Singapore. Current Response ReCAAPs 2011 Piracy and Armed Robbery against Ships in Asia report, informed that 155 incidents, 133 actual and 22 attempted, had been reported, which translates to a decrease of seven percent compared to 2010 (see Annex A). Most incidents involved petty theft committed while ships were at anchor/berth without badly injuring anybody. In 2011, five hijackings and one kidnapping occurred in the Straits, according to ReCAAP. All five hijacked vessels were later recovered and the crewmembers, as well as the kidnapping victim, were rescued; most of the attackers were apprehended. The PRCs current Piracy and Armed Robbery Prone Areas and Warnings for South East Asia and Indian Sub-Continent include Bangladesh6, India, Indonesia, Malaysia, South China Sea and Vietnam.7 In these areas, attacks typically occur during the night, while ships prepare to anchor, or while they are at anchor. In Indonesia, attackers use guns, knives or machetes and often rob valuables from the vessel as well as from the crewmembers. ReCAAP has developed three categories to assign the level of significance of actual incidents. Category 1 (very significant), category 2 (moderately significant) and category 3 (less significant), (see Annex B). The incidents are evaluated based on two factors: level of violence and the economic loss incurred.

6 7

After a protest letter was sent to IMB, Bangladesh was removed from the list of high risk piracy prone areas Accessed as of 12/29/2011

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West Africa The IMB includes Benin and Nigeria in their list of pirate-prone areas. Pirates in the West Africa region are often very violent. Increased reporting by the media of incidents has drawn more attention to the piracy issue in Gulf of Guinea (GoG). In 2011, 64 ships were attacked, compared to 45 in 2010. In the first two months of 2012, 13 vessels were reportedly attacked. The sharp increase led the JWC to add Benin to the Hull War, Strikes, Terrorism and Related Perils list in August of 2011. While the hijackings of vessels and crew have been followed by ransom demands, the majority of incidents on the West coast involve the robbery of the cargo. Pirates in the GoG predominately target tankers to syphon the cargo. The tankers are sometimes held up to two weeks while the cargo is transferred to smaller vessels and then resold in Nigeria or nearby Benin. Nigeria is Africas largest oil producer with over 2 million barrels a day. As an example of pirate tactics, Lloyds List reported an incident involving the reefer Breiz Klipper off the coast of Nigeria. On 28 February 2012, eight armed pirates hijacked the vessel and its 14 crewmembers. According to Lloyds List, for the first time in the region, pirates took two crewmembers hostage, the master and chief engineer. On 24 March, after 25 days in captivity, the two hostages were released. According to an inspector at the International Transport Workers Federation (ITF), Pyotr Osichansky, they are ok and feeling fine. The Movement for the Emancipation of the Niger Delta (MEND8), a militant group in the Niger Delta, was involved in the attack. Current response In response to the growing threat of piracy in the GoG, countries in the region have started to seek bi-lateral and regional cooperation. In September 2011, Nigeria and Benin began joint naval patrols after an unprecedented number of attacks in the region threatened to impact their economies. West African officials urged the United Nations (UN), as well as the international community, to prevent the regions coast from becoming a haven for pirates. The West African Maritime Security conference, held in London in August 2011, was attended by government officials of West African countries, and participants discussed a plan for a regional counter-piracy force. The UN has encouraged regional endeavours to develop a comprehensive approach dealing with the piracy issue in the GoG. Understanding the seriousness of the threat, UN Secretary-General Ban Ki-moon sent an assessment team into the area to evaluate the situation. The assessment team found that pirates were resorting to sophisticated modes of operations and utilizing heavy weapons. Prompted by growing concerns, the UN Security Council adopted Resolution 2039 on 29 February 2012. This resolution calls for a regional summit to be organised by UN offices in West and Central Africa, to facilitate a regional comprehensive approach to the maritime piracy issue. Benin hosted a maritime security meeting from 27-29 March 2012. The meeting was attended by representatives from the Economic Community of Central African States (ECCAS), Economic Community of West African States (ECOWAS) and the Gulf of Guinea Commission (GGC) and focused on maritime security in West and Central Africa. Outcomes of the meeting are not yet available but it is anticipated that a clearer picture of their collaborative strategies and initiatives in the GoG will emerge.

Janes article and explanation of MEND

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Gulf of Aden, the Red Sea and Somalia Attacks and hijackings in Somali pirate-prone areas reached record levels in 2011, drawing the most international attention and news coverage to the region since 2008. The Gulf of Aden (GoA) is a busy transit route; with an estimated 22,000 vessels passing through each year. Even before the collapse of the Siad Barre regime in 1991, ships off the coast of Somalia were seized by pirates; however, attacks at the time were politically motivated. The Somali National Movement (SNM) seized several ships to deny supplies to the regime. Today, Somali pirates are less political and more opportunist and prey on any vulnerable vessel or yacht that comes their way. Crewmembers are in particular danger because Somali pirates attempt to take hostages for exorbitant ransom payments, which often yields more profit than the value of the ship or its cargo. Somalia has the longest coastline in Africa, approximately 1,880 miles (3025 km). Somali pirates attacked 237 vessels in 2011, receiving an estimated USD 160 million in ransom. The number of hostages and vessels held reached a peak in February 2011, when the International Maritime Bureaus (IMB) Piracy Reporting Centre (PRC) reported 33 vessels and 733 hostages as being held by Somali pirates. As of 19 March 2012, PRC reported 13 vessels and 197 hostages. The Oceans Beyond Piracys (OBP) report, Human Cost of Somali Piracy, sheds light on the inhumane treatment of hostages at the hands of their captures. Malnutrition, lack of medical attention, beatings and torture are prevailing conditions and only made more public in recent times since more attention is being focused on the fate of these seafarers. Pirates continue to exploit this further by using various media sources to put pressure on the shipowners to meet their ransom demands quicker. Despite 86 % the drop in Somali piracy attacks in November 2011 compared to the previous year, the region off the coast of Somalia, extending well into the Indian Ocean and Arabian Sea, remains a high risk area. The pirates have increased their area of operation from within its territorial waters to 1,750 nautical miles (nm) off the coast of Somalia. The pirates have also expanded into the Red Sea. Pirates use small skiffs to attack vessels and use motherships to be able to extend their reach into the ocean by using them as a base to launch their attacks. According to the NATO Shipping Centre (NSC), Somali pirates prefer certain types of ships and use them as motherships, depending on the region. In the Arabian Sea and northern Somali Basin pirates prefer to use dhows9, while in the southern Somali Basin they prefer to use 8-metre whalers. In addition to the use of overwhelming force of violence, pirate tactics include, speed, surprise and stealth, and the choice of weapons used for attacks include AK-47s and rocket propelled grenades (RPGs). Pirates often rely on the weather, since the monsoon seasons can cause harsher conditions, making a successful boarding less likely. This has caused the pirates to focus and target vessels in calmer waters particularly in the southern Red Sea. The success rate of hijacking a vessel at sea has decreased. In order to maintain their level of income, the pirates expanded to attack ships in anchorage and in 2011, also abducted several tourists in Kenya. The hostages and vessels are often taken back to the Somali coastal towns, awaiting the payment of the ransom. The high number of hostages detained created a tremendous logistical endeavour for the pirates since water and food has to be provided to keep the hostages alive and in order to receive the ransom payment. In an attempt to shorten the time in captivity and to expedite payment, a group of pirates cut their ransom demands by 20% in March 2011. The ransom demands have also increased from an average of USD 150,000 before 2005 to USD 5 million in 2011. Pirate attacks in the GoA have decreased in 2012, and if the trend continues, insurance costs are expected to drop later this year. Current Response Regional and international government, military and shipowners have taken a more proactive approach in the recent years in efforts to counter piracy off the coast of Somalia with a focus on security, judicial and preventative measures. Various international naval forces are currently conducting counter-piracy missions, including
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Arab sailing vessel of about 150-200 tonnes, one mast with large lateen sail.

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Combined Maritime Forces (CMF) Combined Task Force (CTF) 151, the European Union Naval Force (EU NAVFOR) Somalia Operation ATALANTA, NATOs Operation Ocean Shield and other independent naval forces, including: China, India, Islamic Republic of Iran, Japan, Malaysia, Republic of Korea, Russian Federation, Saudi Arabia and Yemen.10 These patrols have captured and detained numerous pirates. Currently, approximately 1,000 Somali pirates are detained in 20 countries. The Contact Group on Piracy off the Coast of Somalia (CGPCS) was established in January 2009 to facilitate the discussion and coordination of actions among states and organisations to suppress piracy off the coast of Somalia. It comprises five Working Groups, each handling their respective focus area (naval operational coordination, legal issues, shipping industries self-protection measures, public diplomacy and disruption of financial networks). In an effort to protect vulnerable merchant vessels from pirate attacks, the Maritime Security Centre Horn of Africa (MSCHOA) established the International Recommended Transit Corridor (IRTC) in February 2009. MSCHOA encourages vessels to participate in group transits through the 450 nm-long artificial corridor in the GoA for safer voyage. The IRTC has proven to be highly successful; however, attacks in the area continue. The hijacking of the chemical tanker Liquid Velvet on 31 October 2011 was the first successful attack in over a year. MSCHOA is a coordination centre and keeps close contact with shipping companies and masters, and coordinates with military forces in the region to support and protect mariners. In August 2011, the fourth edition of Best Management Practice (BMPs) for Protection against Somalia Based Piracy was released. The pocket-book sized guide was created to protect seafarers and includes suggested planning and operational practices for ship operators and masters of ships transiting the high risk area. The shipping industry recommends that masters implement self-protection measures to comply with BMPs and reduce the risk of being hijacked. The IMO continues to recommend that ship captains and crew apply BMPs while traveling through high risk areas. Further, ships traveling through Somali pirate-prone areas are advised to register with the United Kingdom Maritime Trade Operations (UKMTO) and, while traveling through the GoA and IRTC, to register with MSCHOA. UKMTO remains the primary point of contact for merchant vessels and liaison with military forces in the region. Information given by merchant vessels is shared with CMF and EU headquarters and relevant information is also passed directly to ships. Reporting to MSCHOA and UKMTO is voluntary, but highly advised to increase security and allow naval assets operating in the high risk area to respond quicker. In February 2012, the TFG signed a contract with Halliday Finch International to form under the auspices of the ([Transitional Federal Government) TFG Ministry of Defence and through the TFG Anti-Piracy Task Force, a National Coast Guard capability with immediate effect. The semi-autonomous region of Puntland created the Puntland Maritime Police Force (PMPF) and its mission includes deterring, detecting and eradicating piracy and illegal fishing off its coast. The London Conference on Somalia on 24 February 2012 brought together senior representatives from more than 40 countries and organisations. Discussions included the security situation, political process, local stability, counter-terrorism, maritime piracy, humanitarian crisis and international coordination (see CFC Mediterranean Basin In Focus). Commitments from various countries were made to support the Somali government in its effort for stability and peace. If this goal can be achieved, the results will have a positive impact on maritime piracy, most likely reducing it, since unfavourable conditions on shore exacerbate the piracy issue at sea. Additionally, the prosecution and detention of pirates in Somalia are on-going challenges. A new prison was built in Hargeisa, the capital of the semi-autonomous region of Somaliland. Seventeen Somali pirates were transferred from the Seychelles to the prison in Hargeisa in March 2012. For additional information on piracy prosecutions in the region, please see the CFC report Regional Courts and Prisons.

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See also the International Naval Response section in the CFCs Armed Guards on Merchant Vessels report.

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South and Central America and the Caribbean Waters On 29 December 2011, the IMBs Piracy and Armed Robbery Prone Areas and Warnings list included Brazil, Haiti, Peru and Venezuela. Most incidents in these countries reportedly occur at anchorage areas and robbers often flee after being discovered.11 12 However, the Maritime OPINTEL Report, Worldwide Threat to Shipping (WTS) did not record any incidents in those regions between February/March 2012. As of 12 April 2012, the PRC only lists Ecuador and indicates an increase of incidents at the sea port of Guayaquil. These incidents occur predominately in port and, according to the UNCLOS definition of piracy, these acts are considered armed robberies. An incident in Guayaquil occurred on 20 December 2011 when a container ship was boarded by 12 robbers off the coast; contents of 10 containers were removed from the ship and a boatswain hostage. A more recent incident in Port Au Prince, Haiti involved armed robbers attacking a tanker on 24 March 2012. The product tanker was at anchorage when two boats with several armed robbers boarded it. The robbers fled with stolen stores when the officer on watch (OOW) raised the alarm. Other than the Live IMB Piracy an Armed Robbery Report and the WTS, it is difficult to find incidents in the region in open sources. Regional responses are unclear since these incidents occur mostly at anchorage and are the responsibility of port authorities and the police. Limited open source English language information regarding incidents in this area further limits a clear understanding of these events. Current Response Incidents in South and Central America and the Caribbean Waters are typically handled by local police or port authorities and appear to effectively manage the issue and reported incidents are recorded by the IMB and WTS. Rest of the World This category as defined by the PRC includes, the Arabian Sea in particular off the coast of Oman and Indian Ocean, off the Seychelles, Madagascar and west Maldives. PRC further states that Somali pirates are responsible for attacks in these areas, although no specific numbers are provided. With the use of motherships, Somali pirates are able to reach these distances. On 26 March 2012, the Iranian-owned MV Eglantine and its crew of 23 were hijacked by Somali pirates off the Maldives, about 3,000 km from the Somalia coast. The Iranian Navy launched a rescue operation to free the bulk carrier and its crew on 02 April 2012. The vessel and 21 seafarers were freed, 12 pirates detained and two Filipino crewmembers died during the rescue operation. Comparative Trends Piracy incidents in Africa and Asia vastly differ in the methods utilised by the attackers, their choice of weapons and their intent (see Annex C). Asian waters were among the most dangerous
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Annual IMB Piracy Report, Status of ships during actual attacks January December 2011, page 9 Attack have been found to occur in Vila do Conde, Brazil; Port Au Prince ,Haiti; Callao, Peru; and Puerto La Cruz, Venezuela

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waters to travel through in 2005, but attacks have since decreased. In 2008, the GoA became the worlds number one piracy hot spot. However, successful hijackings off the coast of Somalia have also decreased and incidents reported in the GoG have increased. Some attacks involve the hijacking of a vessel and its crew for ransom; this is the predominate modus operandi of Somali pirates. Other pirate groups, such as those operating off the West Coast of Africa, aim to steal the cargo. Vessel attacks in South and Central America, the Caribbean, South East Asia and the Indian Sub-continent mostly occur at anchorage in ports, where thieves use knives and guns for their raids and aim to steal the cargo and valuables of the ship. As outlined in the beginning of this paper, based on UNCLOSs definition of piracy, there are only a few incidents in Asia and South America that constitute pirate attacks. The majority of pirate attacks occur off Africas East and West coast. Events in the Gulf of Guinea are increasing as attackers mostly target oil tankers, to steal then sell the cargo; although there have been exceptions, these incidents usually do not involve hostages or ransoms. According to IMB, as of 19 March Somali pirates have been responsible for 36 of the 87 attacks in 2012, accounting for almost half of the worldwide incidents. They are opportunists and not concerned with any particular type of vessel or cargo. They usually hijack a vessel and use it as a mothership or demand ransom for the release of the ship and crew. The lack of an effective government in Somalia has been a contributing factor to the piracy issue at sea. Conclusion While the types of attacks on vessels and the goal of the attackers vary around the globe, there are similarities that can be helpful in understanding and remedying the new pirate hot spots in Africa. Piracy in the Malacca Strait improved when littoral states gathered and implemented several strategies which resulted in the decrease of incidents. Littoral states of the GoG are eager to cooperate not only with each other but also with the international community to try and find a comprehensive approach to deal with the attacks in that region. Somali piracy has continued to flourish despite some advances by the TFG in countering terrorism, bringing greater stability to Mogadishu and increasing counter-piracy efforts by the international community. Additionally, Puntland, Somaliland and the TFG have recently initiated several plans to counter-piracy off their coast. However, given limited resources and training, it remains to be seen how effective these initiatives will be in addressing the piracy issue. International and regional actors have demonstrated substantial progress and momentum in deterring and preventing successful pirate hijackings worldwide. However, it is clear that further success relies on continued international cooperation and coordination on counter piracy activities.

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Annex A. ReCAAP Consolidated Yearly Incident Reports, Location of Incidents in Asia (01-12 December)

Annex B. 2011Significant Level of Incidents (2007-2011)

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Annex C. Comparative Maritime Trends: Horn of Africa/Gulf of Aden and the Straits of Malacca

Maritime Predations in the Malacca Straits: Treading New Waters

Published and Distributed by the RSIS Centre for NTS Studies, NTU

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