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Enhancing Maritime Security & Counter-Piracy

Captain Hartmut G. Hesse

Special Representative of the S-G (retd)

(Maritime Security & Counter-Piracy Programmes)

International Maritime Organization

hhesse@imo.org

www.imo.org

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Enhancing Maritime Safety and Security

SOLAS and the ISPS Code

AIS/LRIT

SUA Treaties – boarding provisions

Piracy

- Legal Basis

- Global Situation

- Regional Agreements

- Counter-Piracy Capacity Building

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Special Measures to Enhance Maritime Security

SOLAS Chapter XI-2 & ISPS Code

Entered into force on 1 July 2004

On 1 July 2004 applied to 147 States

On 1 April 2013 applies to 162 States

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Chapter XI-2

Applies to:-

>Passenger Ships

>Cargo Ships => 500GT

>Mobile offshore Drilling Units

>Port facilities serving ships engaged in international voyages

Chapter XI-1 Vessels required to have:-

Ship Identification Number

Continuous Synopsis Record

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Chapter XI-2

Vessels required to have:-

Ship Security Alert System (SSAS)

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Chapter V

Vessels Require to have:-

Automated Identification Systems (AIS)

Long-Range Identification and Tracking (LRIT) Systems

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LRIT - Long-Range Identification and Tracking of ships

SOLAS regulation V/19-1 on LRIT - 01/01/08

Performance standards and functional requirements

(Equipment; Service providers; Data Centres – national, regional, co-operative, international; International Data Exchange; Data distribution plan; System security; System performance; Co-ordinator)

Inter-governmental oversight - IMSO

Data access by flag-, port- and coastal States and

SAR services

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LRIT information may be provided when a ship navigates within a distance not exceeding 1,000 nautical miles off the coast

a distance set by the coastal State

limit of territorial sea

Contracting Government requesting LRIT information

Port A

Examples of access to LRIT information

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5

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1 LRIT

Data Centre

International

LRIT Data Exchange

National

LRIT Data Centre

Regional

LRIT Data Centre

Co-operative

LRIT Data Centre

LRIT Data Centres share and

exchange LRIT information

through the International LRIT

Data Exchange

LRIT system architecture

International

LRIT Data Centre

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International

Ship and

Port Facility

Security

Code

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ISPS Code

Company, Ship and Port Facility

Security Officer

Ship & Port Facility Security

Assessment

Ship & Port Facility Security Plan

Training, Drills & Exercises

Verification & Certification

Control and Compliance measures

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Ship & Port Security

Threat Assessment and Threat Level

Access Control and Restricted Areas

Security Duties and Roving Patrols

Security Awareness and Vigilance

Security Equipment & Systems

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Guidance

Guidance on the submission of security-related information prior to the entry of a ship into port

Guidance on voluntary self-assessment by SOLAS contracting Governments, ships, port facilities and companies (interim)

Guidance on control and compliance measures to enhance maritime security

Guidance on the implementation of SOLAS chapter XI-2 and the ISPS Code

Maritime Security Manual

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Current agendas and emerging initiatives on maritime security

Frank Wall and Associates

Revision of SUA Convention

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Revision of SUA Convention

New Protocols adopted October 2005

Inclusion of new offences - carriage of WMD (i.e. nuclear & fissile - dual use materials)

Linkage with non-proliferation treaties

Inclusion of provisions for boarding of suspect ships on the high seas

Parties – 12/3 ratifications required

Status – 23/19 ratifications – in force 28/7/10

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Current agendas and emerging initiatives on maritime security

Frank Wall and Associates

Revision of SUA Convention: Article 8 bis Boarding provisions

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Essential Elements of Article 8bis

Requirement to cooperate to the fullest extent possible

Process & options for making, receiving, and responding to boarding requests

Allocation & preservation of enforcement jurisdiction

Conduct of boarding & disposition operations Recourse for damage, harm, or loss Further implementation

PIRACY

United Nations Convention

on the Law of the Sea

(UNCLOS)

MARITIME ZONES

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Other relevant provisions

IMO Resolutions A.979(24), A.1002(25), A.1026(26) A.1044(27)

UN SC Resolutions 1918/1950/1976/2015/2020

UN SC Resolutions 2018/2039

Contact Group on Piracy off the Coast of Somalia (CGPCS)

Gulf of Aden IRTC (SN.1/Circ.281)

Djibouti Code of Conduct (DCoC)

West Central Africa Code of Conduct (WCACoC)

IMO Guidance

IMO Guidance (1)

Global guidance to Governments, ship owners, ship operators and crews on suppression of piracy

Investigation of offences

Somalia-specific guidance including BMP

Guidance to flag States, coastal and port States, ship-owners, ship operators and ship masters on privately contracted armed security personnel (PCASP)

Guidance to PCASP

Guidance to Private Maritime Security Companies providing PCASP

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Global Situation

2012 Global - 342 (571) - -229/40%

South East Asia and Malacca Straits

90 / 24 (113/22) – -23/+2

West Africa

64 (61) - plus 3

East Africa (Somalia)

100 (286) - minus 186

successful 12 (33) - minus 21

success ratio 12% (11.5%)

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Global Situation

Incidents

2010 – 489

2011 – 571

2012 - 342

Hostages taken

2010 – 1179

2011 – 599

2012 - 313

12/2012 – 25 ships

and 313 seafarers

12/2011 – 13 ships

and 261 seafarers

12/2010 – 28 ships

and 656 crew

03/13 – 7 ships and 77 seafarers held hostage

Global Situation

Naval forces patrol

LRIT data provision

Improved

Guidelines and BMP

implementation

Imprisonment of

1000 pirates and

several 100s lost

Carriage of PCASP

Reasons for Somali success/decline

Naval success GoA

Geographical

expansion of pirate

operations

Up to 1750 nm off

Somali coast

2.8 Mio sq miles

mother ship

operations

Consequences

Regional Agreements

South East Asia and Malacca Straits

– ReCAAP 2006

– Cooperative Mechanism 2007

West and Central Africa

– IMO / MOWCA Integrated Coastguard Function Network

– West Central Africa Code of Conduct (WCACoC)

East Africa (Somalia)

– Djibouti Code of Conduct (DCoC)

– Kampala process

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Djibouti Code of Conduct (DCoC) (1)

January 2009

20 States in the region

DCoC - co-operation:

a) Investigation, arrest and prosecution

b) Interdiction and seizure

c) Rescue of ships, persons and property

d) Conduct of shared operation

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Djibouti Code of Conduct (DCoC) (2)

Four Pillars Implementation of national legislation

Establishment of law enforcement / coast guard

capability

Development of capacity through training and other

technical assistance

Improvement of maritime situational awareness

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Djibouti Code of Conduct (DCoC) (3)

Information sharing centres:

MRCC in Mombasa, Kenya

RCC in Dar es Salaam, Tanzania

Regional Security Information Centre in Sana’a, Yemen

Regional Training Centre in Djibouti

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MOWCA

IMO / MOWCA “Integrated Coast Guard Function Network” 15 signatory States from the region

Initiatives for the Region

UN Security Council resolutions 2018(2011)

and 2039(2012)

African Union Integrated Maritime Strategy

ECCAS Maritime Strategy

ECOWAS draft Integrated Maritime Strategy

IMO / MOWCA MoU

State responsibilities at sea

Maritime and offshore security

Suppressing piracy and armed robbery

Fishery protection

Counter illegal trafficking

Protecting the environment

Safety of navigation

Search and rescue

Code of Conduct concerning the repression of piracy, armed robbery

against ships, and illicit maritime activity in West and Central Africa

(WCACoC)

Adopted: Cotonou, Benin, 19 March 2013

Open for signature: Head of State meeting

Yaoundé, Cameroon, 17 May 2013

Review of national legislation

Capability for maritime law enforcement

Capacity building cooperation

Coordinated, smooth, and effective

communications through information

exchange centres

Key Objectives

‘Djibouti Code plus’ Addresses: transnational organized crime in the

maritime domain, maritime terrorism, IUU fishing

and other illegal activities at sea

Article 3 - Measures at the National Level

Article 7 - Measures to repress IUU fishing

Article 9 - Embarked Officers

Article 14 – Training and education

African Union is the repository

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Future Action by IMO

Implementation of DCoC

– Legal

–Mariritme Situational Awareness

– Communication

PSSL

Implementation of WCACoC

UN / multi Agency cooperation

Review BMPs and IMO Guidance

Co-operation with Navies

CGPCS e.g. HRA & liability debate

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Future Action by IMO (2) Development of sustainable maritime sector in

Somalia

– Support UNPOS/Kampala process

– SOLAS XI-2 & ISPS Code ratification and implementation

–WMU/IMLI fellowships for Somalis

– Rehabilitation seafarer/fishermen training & certification centres

– Facilitation of maritime transport

– Fishing sector training

– Coast Guard & MDA Capabilities

International Maritime Organization

www.imo.org

Safe, secure and efficient shipping

on clean oceans