IMO' s urgent steps towards Somalia piracy

IMO' s urgent steps towards Somalia piracy

by Administrator 7. September 2009 20:29

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 2006: 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 Somalia.

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.

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