March 2009
IMO Secretary-General Efthimios E. Mitropoulos held a meeting in March with
the "Round Table of international shipping associations", i.e. BIMCO, ICS/ISF,
INTERCARGO and INTERTANKO), and of the International Transport Workers'
Federation (ITF), to review developments relating to piracy (and other issues).
The participants welcomed the concerted efforts of the international community,
spearheaded by the United Nations, IMO and the industry, to protect shipping
from acts of piracy and armed robbery off Somalia and in the Gulf of Aden,
noting, with satisfaction, recent decreases in the number of successful piracy
attacks resulting in hijackings and hostage takings. Reasons given included
intense international activity, raising the profile of the issue, successful
interventions by a growing number of warships operating within the region,
coordinated industry advice and guidance, practical measures adopted by
Masters and shipping companies and, not least, adverse weather conditions.
In reviewing the progress made since October 2008, when they had agreed joint
approaches to addressing the problem (see IMO Briefing 45/2008), the
participants also noted a number of developments requiring continuous vigilance
of the situation in the region and the maintenance of ongoing efforts aimed at the
disruption of pirate operations by naval, coastguard and law enforcement assets.
In particular, they:
• underlined that developments ashore in Somalia are probably the
only way to resolve this problem in the long term and favourable
political developments ashore would help stem the scourge of piracy
offshore;
• unanimously encouraged the continuation and strengthening of naval
protection for shipping sailing through the region, until the problems
ashore are solved;
• welcomed the planned completion of revised IMO guidelines on the
prevention and repression of piratical attacks by the forthcoming
session of the Organization's Maritime Safety Committee (MSC 86 -
27 May to 8 June 2009);
• agreed to work together towards the early and comprehensive
implementation of the Djibouti Code of Conduct;
• drew attention to the Best Management Practice guidance document
produced by the industry to assist vessels in avoiding and deterring
piracy attacks and delaying successful attacks;
• called for support to be given to countries in the region, through
IMO's Integrated Technical Co-operation Programme and other
modalities, for the establishment of appropriate legislation and
jurisdiction enabling the arrest, prosecution and imprisonment of
pirates and armed robbers;.• noted the efforts of industry organizations to sustain the morale of
seafarers in the region, including, in this regard, the possible
submission of papers to the MSC on:
° the requirement for professional counselling for those that are
victims of piracy attacks; and
° the worrying situation of piracy and armed robbery against ships in
the Gulf of Guinea;
° agreed to continue meeting periodically to review developments on
this subject globally; and
• thanked all the Governments and navies that have to date provided
military and other assets to protect seafarers and shipping off the
coast of Somalia and in the Gulf of Aden.
Piracy off Somalia
The problem of modern piracy, because of the various connotations it has in the
case of Somalia, is difficult and complex and a holistic solution may not be easy
to find before outstanding political differences are settled on land. Because the
perpetrators of these unlawful acts behave with complete disrespect for civil
society, unashamedly provoking the rule of law, tehre is a need to rise to the
challenge, redoubling efforts and taking, Governments and industry alike, all the
necessary measures to eradicate the scourge.
In November 2008, IMO Secretary-General Efthimios Mitropoulos briefed the
United Nations Security Council (while it was considering the situation in Somalia
in the context of the UN Secretary-General's regular report), placing particular
emphasis on the three areas of concern to IMO relevant to the situation off
Somalia and in the Gulf of Aden, namely:
•
the protection of seafarers, fishermen and passengers on ships sailing in
those troubled waters;
•
the need to ensure the uninterrupted delivery of humanitarian aid to
Somalia affected by ships chartered by the World Food Programme; and
•
the need to preserve the integrity of the Gulf of Aden - a lane of strategic
importance and significance to international shipping and trade, both east
and west of the Suez Canal, which is used by some 22,000 vessels
annually, carrying around 8% of the world's trade, including more than
12% of the total volume of oil transported by sea, as well as raw materials
carried by bulk carriers and finished goods transported by containerships.
From the response of the Security Council and other entities concerned,
including the African Union, one can be hopeful that the measures taken, and
those in the process of implementation, will help to move the political process in
Somalia forward; assist the country to establish stability on land; and eventually
contribute to the improvement of the situation with regard to piracy off its coast.and in the Gulf of Aden. It was, therefore, with satisfaction that the maritime
community greeted the news of the Security Council adopting, on 2 and 16
December successively, resolutions 1846 and 1851, extending, for another year,
its authorization for countries to enter, under certain conditions, Somalia's
territorial waters using "all necessary measures" to counter piracy and armed
robbery at sea.
While there have been some positive developments recently (in particular, with
regard to the situation in waters off Somalia and the Gulf of Aden, following
intense activity in the United Nations Security Council, which led to the
deployment, in the region, of naval assets and military aircraft belonging to
certain political or defence alliances and several individual countries), the fact
remains that, in the absence of adequate national laws, the arrest and
prosecution of pirates remains extremely difficult.
It is in consideration of this, and also with the aim of contributing further to the
anti-piracy strategy of the Organization (in respect of which all the IMO bodies
concerned (the MSC, Council and Assembly) have taken several substantive
measures), that IMO considered it both timely and appropriate to undertake a
review of the legal situation, in particular with regard to the capture, arrest,
prosecution and extradition of alleged offenders so that they may not escape with
impunity for their crimes. To this end, Circular Letter 2933 was issued in
December 2008, requesting Member States to submit copies of their national
legislation together with any pertinent information they may have about their
domestic laws aiming at combating piracy and armed robbery against ships and
prosecuting the perpetrators of such reprehensible acts. Responses have
already been received from a number of countries.
Aan ongoing activity of the Sub-Division for Legal Affairs of IMO, which is being
conducted in consultation with the UN Office on Drugs and Crime and the UN
Division for Ocean Affairs and the Law of the Sea, concerns the provision of legal
advice on the application of the United Nations Convention on the Law of the Sea
and the Suppression of Unlawful Acts treaty instruments, which are the
overarching international legal instruments to combat piracy at sea.
In the context of Security Council resolution 1851, a Contact Group on Piracy off
the Coast of Somalia was established, earlier in the year, with the principal
mission of facilitating discussion and coordination of actions among States and
organizations aimed at addressing the issue. The Group, which includes the IMO
Secretariat, has agreed to establish four working groups, with Working Group
Two addressing judicial aspects of piracy. In February 2009, the first meeting of
two of the working groups - those addressing, respectively, military and
operational coordination, including information sharing, and self-awareness and
other capabilities of shipping - met here at the IMO Headquarters. Working
Group Two met in early March in Vienna to discuss, specifically, legal issues;.and the Contact Group as such held its second meeting in Cairo in the middle of
March.
December 2008
On 16 December 2008, the United Nations Security Council adopted Resolution
1851, which states that, for the next year, States and regional organizations
cooperating in the fight against piracy and armed robbery at sea off Somalia’s
coast -- for which prior notification had been provided by Somalia’s Transitional
Federal Government to the Secretary-General -- could undertake all necessary
measures "appropriate in Somalia", to interdict those using Somali territory to
plan, facilitate or undertake such acts.
On 2 December 2008, the United Nations Security Council adopted Resolution
1846, which states that for 12 months from 2 December 2008, States and
regional organizations cooperating with the Somali Transitional Federal
Government (TFG) may enter Somalia's territorial waters and use "all necessary
means" -- such as deploying naval vessels and military aircraft, as well as seizing
and disposing of boats, vessels, arms and related equipment used for piracy -- to
fight piracy and armed robbery at sea off the Somali coast, in accordance with
relevant international law.
November 2008: IMO chief makes direct appeal to Security Council for
Somalia piracy action
IMO Secretary-General Efthimios E. Mitropoulos has issued a call at the highest
level for a coordinated and cohesive response, both internationally and
nationally, to combat the scourge of piracy off the coast of Somalia.
On 20 November, in a personal briefing to the UN Security Council in the context
of the latter's consideration of UN Secretary-General Ban Ki-moon's report on the
situation in Somalia, Secretary-General Mitropoulos told Security Council
members about the scope and extent of the problem which, he said, was a
matter of grave concern. He also outlined a series of actions the Security Council
might consider taking to address the situation. In particular, he requested that the
Security Council take appropriate action:
•
to extend the validity of the mandate in paragraph 7 of resolution 1816;
•
to call upon States interested in the safety and environmentally sound
function of shipping activities, that have the capacity to do so, to take part
actively in the fight against piracy and armed robbery against ships
(including "mother ships") off the coast of Somalia and in the Gulf of Aden;
•
to strengthen and enhance the provisions of resolutions 1816 and 1838,
particularly with respect to having clear rules of engagement for
participating units to facilitate the disruption of pirate operations; and.
• to urge States, with due regard to their obligations under international law,
to establish an effective legal jurisdiction to bring alleged offenders to
justice.
Mr. Mitropoulos told the Security Council of IMO's threefold concern to:
•
protect seafarers, fishermen and passengers on ships sailing off the coast
of Somalia and in the Gulf of Aden;
•
ensure the safe delivery of humanitarian aid to Somalia effected by ships
chartered by the World Food Programme; and
•
preserve the integrity of the shipping lane through the Gulf of Aden, given
its strategic importance and significance to shipping and trade east and
west of the Suez Canal.
He added that, notwithstanding IMO's prime concern for the safety of seafarers,
the volume of trade transported through the Gulf of Aden makes it imperative that
this shipping lane is adequately protected against any acts that might disrupt the
flow of traffic through it. He said that, with more than 12% of the total volume of
oil transported by sea using that route - not to mention commodities carried by
bulk carriers and finished goods transported by containerships - widespread
diversions around the Cape of Good Hope, to avoid the trouble spot, would bring
about a series of negative repercussions. Such diversions would almost double
the length of a typical voyage from the Gulf to Europe thereby increasing fuel
consumption, emissions and transport costs, which would have to be passed on
eventually to consumers everywhere.
IMO first brought the matter of piracy off Somalia to the attention of the Security
Council in 2005. Subsequently, the Security Council issued a Presidential
Statement on the subject in March 2006 and adopted resolutions 1816 and 1838,
in June and October 2008 respectively.
In spite of a temporary improvement in the situation following the Council's
action, the situation has deteriorated dramatically in recent months, with an
increase in both the frequency and the ferocity of reported attacks. Of a total of
some 440 acts of piracy and armed robbery reported to have taken place off the
coast of Somalia since IMO started compiling relevant statistics in 1984, more
than 120 attacks have been reported this year alone. More than 35 ships have
been seized by pirates and more than 600 seafarers have been kidnapped and
held for ransom. Currently, 14 ships and some 280 seafarers from 25 nations are
being held hostage in Somalia. Two seafarers have already lost their lives.
According to information received by IMO, the attackers usually employ one of
two methods: they either attack ships on the high seas, often at considerable
distances from the shore, making use of so-called "mother ships" (as was the
case in the audacious hijacking, last Saturday, of the fully laden ULCC Sirius Star
in the Indian Ocean some 450 nautical miles from the coast of Kenya); or they.attack (and hijack) ships in Somalia's territorial sea, sometimes under the
watchful eyes of warships outside those waters but, until the adoption of
resolution 1816, not empowered to intervene for fear of breaching international
law.
Mitropoulos paid tribute to the efforts of members of the international community,
alliances of States and regional organizations, NATO and the European Union in
particular, to address the issue by dispatching naval forces and military aircraft to
patrol the vast area off the coast of Somalia and in the Gulf of Aden and by
escorting vessels used by the World Food Programme to provide humanitarian
relief to the Somali people. But he added that, because of the extensive coastline
of Somalia (2,105nm or 3,898 kilometres in total of which 659nm or 1,204km in
the Gulf of Aden), there was a need for as many naval vessels and military
aircraft as possible for the task to be carried out effectively.
IMO has taken action to increase awareness of the problem and, in co-operation
with the shipping industry, to advise ships on practicable measures they can take
in the event of an attack. Meanwhile, through its technical co-operation
programme, the Organization is assisting countries in the region to build capacity
to add their contribution to the overall efforts, including putting in place any
necessary relevant legislation.
October 2008: United Nations Secretary General supports anti-piracy
mandate extension
United Nations Secretary General Ban Ki-moon has pledged his support for an
extension of the mandate, given in United Nations Security Council resolution
1816 (2008), enabling States co operating with the Transitional Federal
Government of Somalia to enter the country's territorial waters and use all
necessary means in order to repress acts of piracy and armed robbery at sea,
consistent with relevant international law. That mandate is due to expire on 1
December 2008, i.e. six months after the adoption of the resolution, on 2 June
2008.
IMO Secretary-General Efthimios E. Mitropoulos wrote to Mr Ban in September
proposing that the mandate be extended. Mr Ban has now confirmed that he
supports the proposal and will be conveying the same to the Security Council,
together with the concerns expressed by IMO and international shipping and
seafaring organizations.
In a letter to Mr Mitropoulos, Mr Ban said he remains "seriously concerned" about
the dangers posed by piracy in the Gulf of Aden and was "acutely aware" of its
impact on the ability of the United Nations to deliver humanitarian assistance to
Somalia. He also said he was encouraged by the Security Council's adoption, on
7 October 2008, of resolution 1838 (2008) on this issue. Mr Ban added, "We
must do more and act quickly to fight this terrible scourge..Mr Ban's letter came just days after a meeting at IMO, held at the invitation of Mr
Mitropoulos, and involving the heads of the four shipping industry bodies known
collectively as the Round Table (BIMCO, ICS/ISF, INTERCARGO and
INTERTANKO), and the International Transport Workers' Federation (ITF)
expressed its own support for an extension of the mandate (see IMO briefing
45/2008).
June 2008
IMO Secretary-General Efthimios E. Mitropoulos has welcomed the adoption
yesterday (2 June 2008) by the United Nations Security Council of a resolution
authorizing a series of decisive measures to combat acts of piracy and armed
robbery against vessels off the coast of Somalia.
Under the terms of resolution 1816 (2008), which was adopted unanimously, the
Security Council decided that, following receipt of a letter from Somalia to the
President of the UN Security Council giving the consent of Somalia's Transitional
Federal Government (TFG), States co-operating with the TFG would be allowed,
for a period of six months, to enter the country's territorial waters and use "all
necessary means" to repress acts of piracy and armed robbery at sea, in a
manner consistent with relevant provisions of international law.
This latest move comes after more than two years of intensive effort by IMO to
bring this matter to the attention of the Security Council and to urge concerted
action, culminating in the adoption, last November, of a second IMO Assembly
resolution on the subject. In welcoming the Security Council resolution,
Secretary-General Mitropoulos said that firm action was needed, since the
current situation was stifling the flow of much-needed aid to the people of
Somalia, jeopardizing the lives of innocent seafarers, fishers and passengers,
and adversely affecting international trade.
"I am very pleased with the outcome", said Mr. Mitropoulos, "which I consider a
positive step in the right direction, and want to thank all Governments who
worked hard on the draft and all those who supported the resolution in its final
form, as well as the United Nations Secretary-General for his personal
contribution to the end result."
He added, "IMO has been asking, since June 2007, that the Transitional Federal
Government of Somalia consent to naval ships entering the country's territorial
waters to protect shipping under attack by pirates and armed robbers. This has
now been done, through the Security Council resolution, and we should work
together to ensure that acts of piracy and armed robbery against ships sailing off
the coast of Somalia are prevented and suppressed to the benefit of the Somali
people, first and foremost, the seafarers and passengers on ships sailing in the
region, the shipping industry and international seaborne trade.".The Security Council text was adopted with the consent of Somalia, which itself
lacks the capacity to interdict pirates or patrol and secure its territorial waters. It
follows a surge in attacks on ships in the waters off the country's coast, including
hijackings of vessels operated by the World Food Programme (WFP) and other
commercial vessels - all of which posed a threat "to the prompt, safe and
effective delivery of food aid and other humanitarian assistance to the people of
Somalia", and a grave danger to vessels, crews, passengers and cargo.
Affirming that the authorization provided in the resolution applies only to the
situation in Somalia and shall not affect the rights and obligations under the
United Nations Convention on the Law of the Sea, nor be considered as
establishing customary international law, the Security Council also requested co-operating
States to ensure that anti-piracy actions they undertake do not deny or
impair the right of innocent passage to the ships of any third State.
While urging States, whose naval vessels and military aircraft operate on the
high seas and airspace adjacent to the coast of Somalia to be vigilant, the
Security Council encouraged States interested in the use of commercial routes
off the coast of Somalia to increase and co-ordinate their efforts to deter attacks
upon and hijacking of vessels, in co-operation with the country's Government. All
States were urged to co-operate with each other, with IMO and, as appropriate,
with regional organizations, and to render assistance to vessels threatened by or
under attack by pirates.
Background
In 2005, the growing number of reported attacks on ships off the coast of
Somalia prompted the IMO Assembly to adopt a resolution (A.979(24)), which
first brought the matter to the attention of the UN Security Council. This action
resulted in a UN Security Council Presidential Statement, issued on 15 March
2006, encouraging UN Member States with naval vessels and military aircraft
operating in international waters and airspace adjacent to the coast of Somalia to
be vigilant for piracy incidents and to take appropriate action to protect merchant
shipping - in particular, ships being used to transport humanitarian aid - against
any such act, in line with relevant international law. Subsequently, there was a
much-welcomed reduction in acts of piracy and armed robbery in the region.
Nevertheless, the continuing civil conflict and political instability in Somalia later
gave rise to renewed attacks on ships and a worrying increase in the number of
reported incidents.
In July 2007, IMO and WFP issued a joint communiqué expressing their concern
over the situation, in which the supply of much-needed humanitarian aid to the
stricken African country was being hampered by pirates and armed robbers
whose actions threatened not only the safety of life of those serving or travelling
on ships involved, but also jeopardized the prospects of bringing relief to.hundreds of thousands of Somalis.
At a meeting in London, also in July 2007, Secretary-General Mitropoulos briefed
Mr. Ban Ki moon, the UN Secretary-General, on the situation, in particular on the
impact that acts of piracy and armed robbery against ships may have on human
life, the safety of navigation and the environment, and requested his support.
Following this meeting, the IMO Secretary-General proactively sought the
support of Governments, and wrote in this connection to the Minister for Ports
and Maritime Transport of the TFG.
On 20 August 2007, the UN Security Council adopted resolution 1772 (2007) on
the situation in Somalia, in which,
inter alia, it stressed its concern at the upsurge
in piracy off the Somali coast and took note of the joint communiqué of IMO and
the WFP of 10 July 2007.
In November 2008, renewed calls for action to prevent and suppress acts of
piracy and armed robbery against ships, in particular off the coast of Somalia,
were made at the 25th session of the IMO Assembly, which adopted a new
resolution (A.1002(25)) on Piracy and armed robbery against ships in waters off
the coast of Somalia.
The wide-ranging new resolution appealed directly to the TFG. Among other
things, it requested the TFG to take any action it deemed necessary to prevent
and suppress acts of piracy and armed robbery against ships originating from
within Somalia and to ensure that its coastline could not be used as a safe haven
from which attacks could be launched. It went on to ask the TFG to take action to
ensure that all ships seized by pirates and armed robbers and brought into
waters within its territory were released promptly and that ships sailing off the
coast of Somalia did not become victims of acts of piracy or armed robbery.
Perhaps most significantly, the resolution asked the TFG to advise the UN
Security Council that, in response to a previous request from the IMO Council, of
June 2007, it consented to warships or military aircraft entering its territorial sea
when engaging in operations against pirates or suspected pirates and armed
robbers. In addition, in view of the worsening humanitarian situation in Somalia,
the new IMO resolution also asked the TFG to advise the Security Council of its
readiness to conclude any necessary agreements so as to enable warships or
military aircraft to escort ships employed by the WFP for the delivery of
humanitarian aid to Somalia or leaving Somali ports after having discharged their
cargo.
November 2007:
Assembly - 25th session: 19-30 November 2007
Piracy off the coast of Somalia
The Assembly adopted a resolution on piracy and armed robbery against ships in
waters off the coast of Somalia, which, among other things, requests the.Transitional Federal Government of Somalia to advise the UN Security Council
that it consents to warships or military aircraft entering its territorial sea when
engaging in operations against pirates or suspected pirates and armed robbers.
(See Briefing 47/2007.)
June 2007:
Council - 98th session: 25-29 June 2007
The IMO Council, meeting for its 98th session in London, has agreed further
action to address the continuing incidence of acts of piracy and armed robbery
against ships sailing in waters off the coast of Somalia and, in particular, ships
carrying humanitarian aid to the country.
The Council endorsed the proposal of IMO Secretary-General Efthimios E.
Mitropoulos that United Nations Secretary-General Ban Ki-moon be requested to
bring, once again, the piracy situation off Somalia to the attention of the UN
Security Council, so that the Security Council can, in turn, request the
Transitional Federal Government of Somalia to take action, as it may be deemed
necessary and appropriate in the circumstances, to prevent and suppress acts of
piracy and armed robbery against ships, including consenting to ships, as
defined in Article 107 of UNCLOS, operating in the Indian Ocean, entering its
country's territorial waters when engaging in operations against pirates or
suspected pirates and armed robbers endangering the safety of life at sea, in
particular the safety of crews on board ships carrying, within the activities of the
World Food Programme (WFP), humanitarian aid to Somalia or leaving Somali
ports after having discharged their cargo. The Council authorized the Secretary-General
to take action in accordance with his proposal.
March 200
6: United Nations Security Council has urged Member States to use
naval vessels and military aircraft in the fight against piracy and armed robbery
off the coast of Somalia
December 2005:
The 24th session of the IMO Assembly in November-December
2005 adopted a resolution on
Piracy and armed robbery against
ships in waters off the coast of Somali
a.
The resolution was submitted to the Assembly at the recommendation of IMO
Secretary-General Efthimios E. Mitropoulos following its approval, in principle, at
the meeting of the IMO Council which preceded the Assembly.
The resolution condemns and deplores all acts of piracy and armed robbery
against ships and appeals to all parties, which may be able to assist, to take
action, within the provisions of international law, to ensure that all acts or
attempted acts of piracy and armed robbery against ships are terminated
forthwith; any plans for committing such acts are abandoned; and any hijacked
ships are immediately and unconditionally released and that no harm is caused
to seafarers serving in them..The resolution authorizes the IMO Secretary-General to submit the resolution to
the Secretary-General of the United Nations for consideration and any further
action he may deem appropriate, including bringing the matter to the attention of
the Security Council, taking into account regional co-ordination efforts.
The IMO Secretary-General is also requested to continue monitoring the situation
and to report to the IMO Council on developments; to establish and maintain co-operation
with the United Nations Monitoring Group on Somalia; and to consult
with interested Governments and organizations to discuss providing technical
assistance to Somalia and nearby coastal States to address the problem. This
includes taking into account the outcome of the sub regional seminar on piracy
and armed robbery against ships and maritime security held in Sana'a, Yemen
from 9 to 13 April 2005. A follow-up to this seminar is due to be held in Oman in
January 2006.
The resolution respects fully the sovereignty, sovereign rights, jurisdiction and
territorial integrity of Somalia and the relevant provisions of international law, in
particular the United Nations Convention on the Law of the Sea.
Governments are strongly urged to increase their efforts to prevent and suppress
acts of piracy and armed robbery against ships and, in particular, to co-operate
with other Governments and international organizations in relation to acts
occurring or likely to occur in the waters off the coast of Somalia.
Governments are also strongly urged to:
• issue advice and guidance on any measures or actions they may need to
take when they are under attack, or threat of attack, whilst sailing in waters
off the coast of Somalia;
• encourage ships to ensure that information on attempted attacks or on
committed acts of piracy or armed robbery whilst sailing in waters off the
coast of Somalia is promptly conveyed to the nearby coastal States and to
the nearest most appropriate Rescue Co-ordination Centre;
• provide a point of contact through which ships entitled to fly their flag may
request advice or assistance when sailing in waters off the coast of Somalia
and to which such ships can report any security concerns about other ships,
movements or communications in the area;
• bring to the attention of the IMO Secretary-General information on
attempted attacks or on committed acts of piracy or armed robbery against
ships whilst sailing in waters off the coast of Somalia so as to enable him to
promptly convey such information to the other Member Governments for
their consideration and any action they may deem fit under the prevailing
circumstances;
• encourage ships to implement expeditiously, for the ship's protection and.for the protection of other ships in the vicinity, any measure or advice the
nearby coastal States or any other State or competent authority may have
provided;
• establish, as necessary, plans and procedures to assist owners, managers
and operators of ships in the speedy resolution of hijacking cases occurring
in the waters off the coast of Somalia; and
• investigate all acts or attempted acts of piracy and armed robbery against
ships entitled to fly their flag occurring in the waters off the coast of Somalia
and to report to IMO any pertinent information.
The resolution also requests the Transitional Federal Government of Somalia to
bring the resolution to the attention of the Transitional Federal Assembly,
requesting it to initiate appropriate actions suitable to prevent and suppress acts
of piracy and armed robbery against ships originating from within Somalia. It
requests the Transitional Federal Government of Somalia to bring the resolution
to the attention of all other parties concerned in Somalia and seek from them the
immediate termination of all acts of piracy and armed robbery against ships
sailing in waters off the coast of Somalia.
The IMO Assembly also noted the United Nations World Food Programme's
concerns that the current situation is having a negative impact on the prompt and
effective delivery of food aid and of other humanitarian assistance to Somalia
and poses a serious threat to the health and well-being of the Somali people.
Background
IMO initiatives to counter piracy and armed robbery at sea
IMO is implementing an anti-piracy project, a long-term project which began in
1998. Phase one consisted of a number of regional seminars and workshops
attended by Government representatives from countries in piracy-infested areas
of the world; while phase two consisted of a number of evaluation and
assessment missions to different regions. IMO's aim has been to foster the
development of regional agreements on implementation of counter piracy
measures.
The Regional Co-operation Agreement on Combating Piracy and Armed Robbery
against ships in Asia (RECAAP), which was concluded in November 2004 by 16
countries in Asia, and includes the RECAAP Information Sharing Centre (ISC) for
facilitating the sharing of piracy-related information, is a good example of
successful regional co-operation which IMO seeks to replicate elsewhere.
More recently, a programme of sub-regional meetings was initiated to promote
regional action to address piracy and armed robbery against ships in the wider
context of maritime security.
The first of these was held in Sana'a, Yemen in April 2005 for States in the Red.Sea and Gulf of Aden areas, with a follow-up event planned for Oman in January
2006.
The meeting on the Straits of Malacca and Singapore: Enhancing Safety,
Security and Environmental Protection, held in Jakarta, Indonesia in September
2005 also addressed the issues of piracy and armed robbery against ships and a
follow-on meeting will take place in Malaysia in 2006.
Further initiatives under this programme are scheduled for the Caribbean, South
Asia, Asia Pacific and West and Central Africa in early 2006. Missions to follow
up these events and meetings in other regions will commence later in the year.
To assist in anti-piracy measures, IMO issues reports on piracy and armed
robbery against ships submitted by Member Governments and international
organizations. The reports, which include names and descriptions of ships
attacked, position and time of attack, consequences to the crew, ship or cargo
and actions taken by the crew and coastal authorities, are now circulated
monthly, with quarterly and annual summaries.
IMO has issued Guidance to shipowners and ship operators, shipmasters and
crews on preventing and suppressing acts of piracy and armed robbery against
ships and Recommendations to Governments for preventing and suppressing
piracy and armed robbery against ships.
Maritime security regime
SOLAS Chapter XI-2 on Special measures to enhance maritime security in the
International Convention for the Safety of Life at Sea (SOLAS) and the
International Ship and Port Facility Security (ISPS) Code, which entered into
force in July 2004, provide also an array of measures which contribute to the fight
against piracy and armed robbery against ships.