1. Djibouti Code of Conduct a regional Cooperative mechanism
Osamu Marumoto
Counter-Piracy Project Implementation Unit
IMO

2. Djibouti Code of Conduct*
Adopted in January 2009 after 5 years work by IMO to create a regional maritime security apparatus, it is a framework within which 21 States in the western Indian Ocean and the Gulf of Aden combine efforts to counter piracy and armed robbery against ships.
* Code of Conduct concerning the Repression of
Piracy and Armed Robbery against Ships
in the Western Indian Ocean and the Gulf of Aden

3. Djibouti Code of Conduct
Signatory States (19): Comoros Djibouti Egypt Eritrea Ethiopia Jordan Kenya Madagascar Maldives Mauritius Oman Saudi Arabia Seychelles Somalia South Africa Sudan Ut. Arab Emirates Tanzania, Ut. Rep. Yemen
Non-Signatory States (2):
France
Mozambique

4. Djibouti Code of Conduct
The work outlined in the Djibouti Code of Conduct is aimed at improving regional co-ordination and co-operation based on 4 broad pillars:
Information Sharing
National Legislation Update
Regional Training
Capacity Building
The Djibouti Code of Conduct is a framework for building counter-piracy capability in the Western Indian Ocean and the Gulf of Aden. It was adopted by the high-level meeting in Djibouti where 21 regional States were invited in 2009, of which 19 are now signatories to the Code. It is based upon 4 pillars: Info sharing, Update national legislation to supress piracy, and which allows enforcement by suitable maritime forces; regional training to establish common standards and build trust, and capacity building, which is pulling the other 3 together and turning them into a national and regional operational capability to counter piracy.

5. DCoC Info Sharing Centres
Sana’a ISC
Mombasa ISC
Dar es Salaam ISC

6. PIRACY INFO IMO MSCHoA UKMTO NATO SC ReCAAP ISC Shipping
Sana’a ISC
Mombasa ISC
Dar es Salaam ISC
Maldives
Somalia
(Somaliland + Puntland)
Djibouti
Egypt
Saudi Arabia
(South Central)
Mauritius
Madagascar
S. Africa
Mozambique
Seychelles
Jordan
Oman
Comoros
Reunion
(France)
IMO
MSCHoA
UKMTO
NATO SC
ReCAAP ISC
Sudan
U.A.E.
Kenya
Yemen
Tanzania
Ethiopia
Shipping
The Regional Information Sharing Network

7. Internal & External information sharing
National Focal Points
Internal & External information sharing
Ship
Owners
Seafarers
Registry
Fishery
Agencies
Government
ministries
Coast
Guard
Marine
Police
Custom
(Marine)
Port
Authorities
Navy
Focal
Point
ISC

8. Challenges – Info Sharing
3 Info Sharing Centres:
Short of staff or funding, Lack of expertise
DCoC National Focal Points:
Despite the 24/7 requirement, many State designated non-operational individuals rather than the op centre/organization.
Typically Ministry of Transport maritime administrators are designated, without proper comm means & channels to operational interdiction authorities. Inter-agency approach for counter-piracy highly encouraged.

9. Legal Legislative regime for the prosecution of Piracy requires:
(i) criminalization;
(ii) jurisdiction;
(iii) participation, conspiracy and attempts;
(iv) detention and arrest at sea;
(v) trials;
(vi) identifying, tracing, freezing, seizing and confiscating criminal assets; and
(vii) international co-operation.

10. Review of National Legislation
DCoC Article 11:
Each signatories are reviewing its national legislation with a view towards ensuring that there are national laws in place to criminalize piracy and armed robbery against ships, and adequate guidelines for the exercise of jurisdiction, conduct of investigations, and prosecutions of alleged offenders.

11. Legal: Future Work
Check if legislation has provision to criminalize piracy and armed robbery.
Ensure that States have signed all the relevant international instruments.
Tabletop the whole legal process: from law writing to prosecution to establish the linkages between agencies.
Ensure that the law empowers the law enforcers at sea to conduct boarding, arrest and criminal investigation of piracy and armed robbery cases.

12. Embarked Officers - DCoC Article 7 -
A signatory State may nominate law enforcement or other authorized officials (hereafter referred to as “the embarked officers”) to embark in the patrol ships or aircraft of another signatory State (hereafter referred to as “the host State”) as may be authorized by the host State.
Embarked officers may assist the host State and conduct operations from the host State’s ship or aircraft if expressly requested to do so by the host State, and only in the manner requested.

13. Embarked Officers Shared Operations
Requirements
Bilateral/multilateral agreement on the operation
National law giving authority to the Embarked Officers to exercise jurisdiction from foreign ships/aircraft
Common SOPs and ROEs
Political Will of the State providing Embarked Officers to receive suspects/criminals and prosecute.
Benefits
This would provide a blue water platform for smaller States with limited or no ocean going capabilities.
Share the cost of deployment of the sea-going assets.
Could be applied in a single State;
ex., Navy providing the ships ride for police officers who have law-enforcement authority.

14. TRAINING
Training is implicit in every Article of the Djibouti Code of Conduct.
If training is to be effective then the right people should be trained, and this only works if the National Focal Point offers training opportunities to all the relevant authorities involved in a State’s counter-piracy work.

15. Regional Training Centre Djibouti (DRTC)
Primal function of DRTC:
Regional Training Coordination
One stop shop which produces the overall regional training plan. Single portal access:
IMO/Japanese project: Building of a new facility is in progress and currently on schedule for completion by end 2012.

16. DRTC site

17. Future…

18. DRTC training at Interim Centres

19. IMO/NMIOTC Training

20. IMO-NATO Partnership DCoC Train-the-trainer programme for Maritime Law-Enforcement Officers (Police/Coast Guard/Navy) delivered by NMIOTC
March 2012: Trainers were trained at the same regional standard by NMIOTC;
On-going: National training delivered in their respective countries by the trained trainers;
Oct-Nov. 2012: Trainers are invited to use the NMIOTC for the delivery of their national training in the presence of the NMIOTC instructors.
Their national boarding teams are invited.

21. Training: On-going & Future Work
Identify and nominate personnel to be trained in skills to act as both boarding and embarked officers
Train interdiction and arrest at sea
Train interdiction personnel into the gathering and protection of evidence
Train a prosecution service able to prosecute maritime crimes
Develop joint-training workshops between the law enforcement agency and the judiciary through tabletop exercises

22. Training: On-going & Future Work
Train the relevant authority to make it capable of investigating cases of piracy and armed robbery against ships
Concentrate training on operational interdiction skills, criminal investigation, and legal training for law enforcement
Continue training of handling of information, both externally and internally

23. Capacity Building: Future Work Priority 1
Create maritime situational awareness (MSA), so that States have information on where illegal acts are taking place and the ability to locate and track suspected vessels.
Plan and implement MSA in key countries for accurate assessment of risk and ability to react to threats.
After all, sharing MSA info is the cost effective solution for counter-maritime threat.
Future Goal: 
IMO’s programme for this work is in 2 phases:
In the southern region as here there are small but established maritime forces and the early stages of a regional command and communications mechanism
The Gulf of Aden, which is a more difficult area and which, with a failed Somalia and a weak Yemen on its borders is not yet ready to tie greater maritime situational awareness into an overall strategy for the protection of this area. Other things will need to change before the Gulf of Aden area can utilize this technology.
Regional common maritime picture

24. Capacity Building: Future Work
Tabletop a permissive process to allow foreign ships to contact States to request to enter a State’s territorial waters in pursuit of pirates.
 Review crisis management mechanism within the State.
Conduct joint operational exercises involving more and more countries and agencies, ships & aircraft.
and many more…….

26. Thank you for listening
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