On the question of armed guards onboard ships the General-Secretary of International Maritime Organisation (IMO), Efthimios Mitropoulos , takes a firm stand in the interview with HANSA
Notwithstanding of the efforts of the international community of states the number of acts of piracy and armed robbery[ds_preview] is still increasing. What do you think are the main causes of this development?
Efthimios Mitropoulos: The reported increase in acts of piracy and armed robbery against ships between 2009 and 2010 by more than 20 % led the IMO Council, as long ago as June 2010, to decide that the 2011 World Maritime Day theme would be »Piracy: Orchestrating the response«. That response included the adoption of an action plan for the year to help achieve objectives, which included assisting states to build capacity to deter, interdict and bring to justice those who commit acts of piracy and armed robbery against ships and to promote compliance with the recommended preventative, evasive and defensive measures ships should follow.
In the year to date, the statistics are more encouraging and the proportion of successful attacks is diminishing.
Mitropoulos: Overall, the percentage of attempted attacks that prove successful for the pirates has dropped, from previously more than 40 % to less than 20 % this year – due to the effectiveness both of the naval presence in the region and of the best management practices for ships developed by the industry and promulgated through IMO.
In 2009 the forum »Shared Awareness and De-Confliction« (SHADE) was initiated and an international contact group (CGPCS) is also working on a civil and military coordination. How is the IMO involved in these actions?
Mitropoulos: The active participants in SHADE are military and government representatives and IMO is not involved as an operational member as this would go beyond its remit. IMO participates in the meetings of the »Contact Group on Piracy off the Coast of Somalia« and has hosted a number of the meetings of the working groups at its headquarters in London.
The reality today is that piracy is too complex and has become too entrenched for any one entity to deal with it effectively. The United Nations, political and defence alliances, governments acting collectively or individually, shipping companies, ship operators, ships’ crews, among others, all have a crucial part to play if shipping is to be rid of this crime and the integrity of strategically important shipping lanes maintained. What is needed is a collective effort.
The Maritime Safety Committee of IMO has approved a set of recommendations on the use of privately contracted armed security personnel on board ships passing the High Risk Areas. Does this mean IMO endorses the use of armed guards as a strategy to respond to piracy attacks?
Mitropoulos: No, IMO explicitly does not endorse the use of privately contracted armed security personnel. It is for each flag state, individually, to decide whether or not privately contracted armed security personnel should be authorized for use on board ships flying their flag. If a flag state decides to permit this practice, it is up to that state to determine the conditions under which authorization will be granted.
Since 2008, there has been an »Internationally Recommended Transit Corridor« (IRTC) near the coast of Yemen and another in coastal waters of Kenya which is protected by ships on international mission. How successful do you think the IRTC has been in combating pirate attacks?
Mitropoulos: Very successful. The number of successful attacks in this corridor has been reduced to almost zero. Moreover, none of the cargo ships chartered by the World Food Programme to carry humanitarian aid to Somalia has fallen into the hands of pirates, thanks to the protection provided by EU NAVFOR units.
What is your opinion about considerations to position naval ships at the ending points of High Risk Area passages in transit in order to send out armed teams?
Mitropoulos: Logistical decisions are for the navies to take but I support any such moves which may help reduce successful attacks.
Other possibilities are described in the »Best Management Practices to Deter Piracy off the Coast of Somalia and in the Arabian Sea Area« (BMP4). With regard to the fact that the pirates can adjust their actions by knowledge of these recommendations, what is your opinion concerning the effectiveness of this guideline?
Mitropoulos: The feedback we get from the navies and the shipping industry is that the ships which operate under best management practice guidelines are less likely to be attacked, as obvious deterrent measures can deter opportunistic attacks. Ships applying best management practices have better outcomes, such as being able to repel pirates, if they are attacked.
Indeed, failure to implement fully the best management practice guidance significantly increases the risk of successful pirate attacks and navies urge even more compliance.
With resolution of 11 April 2011 the Council of United Nations is discussing the proposal of UN special adviser Jack Lang to establish a special piracy court in one of the neighbour countries of Somalia. Do you think this will take effect on solving the piracy problem?
Mitropoulos: The legal aspect is one of the elements which need to be tackled. Legislation to ensure pirates do not escape prosecution is crucial. There is a need for all states to have a comprehensive legal regime to prosecute pirates, consistent with international law. The proposal to establish a special court is one of the options being considered. But it will be for the international community and the countries concerned to decide whether to proceed with this. I believe that effective prosecution of pirates can act as a deterrent to others, so, whichever option is chosen, this will, alongside all other measures adopted, have an impact in reducing piracy.
IMO participates in the discussions of legal aspects of piracy under »Working Group 2« of the »Contact Group on Piracy off the Coast of Somalia«. IMO’s Legal Committee has been active in seeking information from national Governments on their current legislation with regard to the prosecution of pirates, and co-operates closely with the »United Nations Office on Drugs and Crime« (UNODC) and the »UN Division for Ocean Affairs and the Law of the Sea« (DOALOS).
The international community of states support the Transitional Federal Institutions of Somalia and the mission of AMISOM with financial means in order to build up a sustainable structure there. Does the IMO also participate in programs to strengthen a legitimate maritime industry in Somalia?
Mitropoulos: It is for the broader international community to help the people of Somalia to rebuild their country with individual organizations acting in their specific spheres of competence. IMO stands ready to assist in capacity building in relation to the maritime aspects and has much experience in doing so through its long-standing global technical co-operation programme.
Somalia is a signatory to the Code of Conduct concerning the »Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden« signed in Djibouti in January 2009 (Djibouti Code of Conduct). As such, Somalian representatives have already had the opportunity to take part in training such as workshops and seminars under the scheme to implement the Djibouti Code of Conduct, which is being run by a multi-national Project Implementation Unit, formed within IMO in April 2010 and operating with money from the Djibouti Code Trust Fund, which has, to date, received contributions from France, Japan, the Marshall Islands, the Netherlands, Norway, the Republic of Korea and Saudi Arabia.
Interview: Dr. Birgit Nolte-Schuster
Dr. Birgit Nolte-Schuster
