Overview of the global piracy situation Nicolaos L Charalambous Deputy Director (Maritime Security and Facilitation) Maritime Safety Division International Maritime Organization

What constitutes a crime? Societies define crime as the breach of one or more rules or laws for which some governing authority or force may ultimately prescribe a punishment.

Classification of crimes at sea (1) (by nature of the activity)  Piracy;  Unlawful acts against the safety of navigation;  Transportation of slaves;  Unauthorized broadcasting at sea;  Causing damage to submarine cables;  Armed robbery against ships;  Illegal, unreported and unregulated fishing;  Unauthorized dumping of waste;  Smuggling illegal migrants;

Classification of crimes at sea (2) (by nature of the activity)  Smuggling prohibited drugs or psychotropic substances;  Unauthorized transportation of protected species;  Transportation of illegally exported goods;  Barratry and unlawful seizure of cargoes;  Deliberated discharge of marine pollutants or of harmful substances;  Failure to render assistance to persons in distress at sea;  Failure to comply with provisions of the regulation for the avoidance of collisions; and  Boarding a ship as a stowaway.

Classification of crimes at sea (by other criteria)  Where they take place?  By whom are they committed?  Against whom or what are directed?  What means used?  What are the consequence?  Which States can exercise jurisdiction?  What are the applicable laws?

Piracy and armed robbery against ships (the definitions) “Piracy” means unlawful acts as defined in Article 101 of the United Nations Convention on the Law of the Sea. “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, directed against a ship or against persons or property on board such a ship, within a State’s jurisdiction over such offences.

Piracy (Article 101 of UNCLOS) 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: (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). (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;

Constraints and limitation of the statistical data  The data do not include all acts of piracy or of armed robbery committed each year as some opt not to report.  The data do not provide accurate or precise picture as far as the absolute numbers of such acts.  The data provide a good and sound statistical sample for drawing reasonable and safe conclusions and for identifying the required protective measures and the actions to be taken for repressing such acts.

Piracy and armed robbery against ships by year

Reported incidents of piracy by year

Reported incidents of armed robbery by year (in territorial waters)

Reported incidents of armed robbery by year (in port areas)

Reported use of weapons by year and region

Reported hijackings of ships by year and region

Persons taken as hostages by year and region

Lives lost by year and region

The global picture (1) (1 January 2003 to 15 May 2009 ) The yearly global numbers of:  Acts of piracy and armed robbery against ships has been declining and the numbers for 2007 and 2008 are heavily influenced by the situation in the waters off the coast of Somalia;  Acts of piracy has shown a steady declined during the period between 2003 and However, the decline has been reversed, during 2007 and 2008, as a result of the incidents off the coast of Somalia;  Acts of armed robbery committed within territorial waters has been showing a declining trend;

The global picture (2) (1 January 2003 to 15 May 2009) The yearly global numbers of:  Acts of armed robbery committed within port areas, including roadstead and anchorages has decreased considerably;  Ships hijacked has been increasing;  Persons held hostages for ransom has been increasing;  Lives lost has shown a decreasing trend.

Reported incidents of piracy and armed robbery by year and region

Reported incidents of piracy by year and region

Reported incidents of armed robbery by year and region (in territorial waters)

Reported incidents of armed robbery by year and region (in port areas)

The global picture (3) (1 January 2003 to 15 May 2009) The situation in the:  South China Sea has improved. However, there is a need to intensify the actions which are being taken as incidents, including hijackings of ships and demands for the payment of ransom, continue to occur;  Straits of Malacca and Singapore has drastically improved as a result of the assertive and coordinated efforts of Malaysia, Indonesia and Singapore; and  Indian Ocean region, the Caribbean region and the Atlantic side of the South America has been improving.

The global picture (4) (1 January 2003 to 15 May 2009) The situation off the:  East coast of Africa and, in particular, off the coast of Somalia has continuously been deteriorating and is of a grave concern. Hence, there is an immediate need to take, forthwith, actions so as to bring matters under control; and  West coast of Africa and, in particular, in the Gulf of Guinea has seriously deteriorated. Hence, there is an urgent need to take, forthwith, actions so as to bring matters under control.

The global picture (5) (1 January 2003 to 15 May 2009)  East and West coast of Africa account for 61% of the total number of incidents reported globally during 2008 and 75% of the incidents reported since 1 January  East and West coast of Africa and the South China Sea account for 72.5% of the total number of incidents reported globally during 2008 and 84.6% of the incidents reported since 1 January  The East and West coast of Africa, in particular the areas off the coast of Somalia and the Gulf of Guinea and the South China Sea, continue to be the hot spots.

The perpetrators  Acts, and the attempted acts, off the coast of Somalia, in the Gulf of Guinea and in some parts of the South China Sea have all the hallmarks of systematic, organized and premeditated criminal activities by well trained and well equipped perpetrators.  In port areas and in territorial waters and elsewhere the activities appear to be opportunistic and random attempts.

The current and projected situation off the coast of Somalia  Overall pirate hijacking success rate between 1 January and 20 April 2009 was 23 %.  The pirate hijacking success rate for 2008 was 40%.  Alarming increase in the absolute number of attacks.  An unprecedented expansion of the activities in the India Ocean up to 600 nautical miles off the coast of Somalia.  Between 1 January and 20 April 2009, 19 successful hijacking and 81 reported pirate attacks, representing an increase of over 650% from the same period during  UNOSAT predicts that, if this attack rate is sustained, it will easily surpass the record number of 115 attacks in 2008 and could climb to 200 attacks in 2009.

What IMO has done and is doing? (1)  Measures to prevent acts of piracy and armed robbery against ships which require action by Governments and the maritime community.  Recommendations to Governments; and Guidance to shipowners and ship operators, shipmasters and crews; for preventing and suppressing piracy and armed robbery against ships which are applicable in all parts of the world affected by piracy and armed robbery.  Resolutions A.979(24) and A.1002(25).

What IMO has done and is doing? (2) The concerns of IMO and of the maritime community are:  First, there is a need to protect seafarers, fishermen and passengers on ships sailing off the coast of Somalia and in the Gulf of Aden;  Secondly, there is a need to ensure the safe delivery of humanitarian aid to Somalia effected by ships employed by the World Food Programme; and  Thirdly, there is a need to 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.

What IMO has done and is doing? (3)  The situation is a symptom of a wider problem of lack of government and the rule of law, both ashore in Somalia and at sea.  Other issues need to be addressed in order to ensure long- term stability.  The only way to ensure the long-term security of international navigation off the coast of Somalia is through a concerted effort to stabilize the situation ashore.  IMO’s strategy may best be summarized as one of containment, until such time as a viable solution ashore can be found. _______