International Maritime Organisation

Transcription

1 PIRI REIS UNIVERSITY MUN International Maritime Organisation 2019 STUDY GUIDE

2 Letter from the Under Secretary General Dear participants, I have the utmost pleasure and honor of welcoming you to the 1st annual session of PRUMUN 19. My name is Sacit Can Soyen, a 12th grade student in the Rotary high school. It s my honor to serve as the Under-Secretary-General responsible for the International Maritime Organisation (IMO) committee. I will also be your president chair during the conference. I have been participating in MUN conferences for 4 years now and this will be my 19th conference. The topics I picked were because I wanted to raise awareness on them. I believe that oil spills are being ignored and when such a disaster occurs what everybody thinks is the economical loss but no one seems to care about maritime pollution. There are some titles need to be discussed about that which are simple but once again, ignored. When it comes to the piracy issue which has increased an extreme amount last decade should be taken into action and local pirates should be taken care of. There are also organisations such as MEND which are being an ally to these pirates by selling them weapons armory etc. and as IMO we should get to the bottom of this issue because the region around the Gulf of Guinea do not have the power to fight them not to mention the corrupt government officials. Alongside all that I believe that this is a fun topic and you will enjoy debating on it. I would like to specially thank the secretary-general of PRUMUN 19 Mr. Harun Abaz for giving me this opportunity and I hope that we all will have a very efficient conference together. Sincerely, Sacit Can Soyen Under secretary-general

3 TABLE OF CONTENTS -What is IMO? - TOPIC A: TACKLING THE CHALLENGES OF TRANSPORTING HNS BY SEA - A. Introduction to Topic A - B. What is HNS? - C. History of maritime pollution - D. Background of the HNS convention - E. The 2010 protocol to the convention - F. The two-tier system - G. Effects of the HNS - H. Benefits of the HNS convention - I. The ratification and signature process to the 2010 protocol - J. Outcomes - K. Points that need to be addressed - L. Useful links - TOPIC B: PIRACY IN THE GULF OF GUINEA - A. Introduction to Topic B - B. Background - C. The cause of piracy in the Gulf of Guinea - D. Key member states and NGO s involved - E. Possible solutions - F. What is expected from the IMO? - G. Points that need to be addressed - H. Useful links WHAT IS IMO?

4 The International Maritime Organization is the United Nations specialized agency on maritime affairs and is responsible for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and implemented. Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place. International shipping transports more than 80 percent of global trade to people and communities all over the world. Shipping is the most efficient and cost-effective method of international transportation for most goods; it provides a dependable, low-cost means of transporting goods globally, facilitating commerce and helping to create prosperity among nations and peoples. The world relies on a safe, secure and efficient international shipping industry and this is provided by the regulatory framework developed and maintained by IMO. IMO measures cover all aspects of international shipping; including ship design, construction, equipment, manning, operation and disposal to ensure that this vital sector for remains safe, environmentally sound, energy efficient and secure. Shipping is an essential component of any programme for future sustainable economic growth. Through IMO, the Organization s Member States, civil society and the shipping industry are already working together to ensure a continued and strengthened contribution towards a green economy and growth in a sustainable manner. The promotion of sustainable shipping and sustainable maritime development is one of the major priorities of IMO in the coming years. As part of the United Nations family, IMO is actively working towards the 2030 Agenda for SUSTAINABLE DEVELOPMENT. Most of the elements of the 2030 Agenda will only be realized with a sustainable transport sector supporting world trade and facilitating global economy. IMO s Technical Cooperation Committee has formally approved linkages between the Organization s technical assistance work. To sum up there are three main roles of this organisation: 1-Maritime safety: As shipping appears to be one of the most dangerous industries, the first competence of the Organization is the adoption and implementation of a legal framework that would regulate construction of vessels, Navigation, Communications, Search and Rescue (NCSR) as well as passengers safety. The Maritime Safety Committee (MSC) is responsible for addressing these issues,

5 2- Maritime Security: The Organization is responsible for the maintenance of security at sea and deals with phenomena such as piracy and armed robbery against ships, terrorism and cyber-attacks 3- Protection of Marine Environment. Although it was not an original competence of the Organization, soon after the beginning of its functioning it assumed responsibility on the protection of marine environment and the prevention of pollution from ships 3. This competence is exercised by the Marine Environment Division which is directed by the Marine Environment Protection Committee (MEPC). covering these three roles and other issues will underpin IMO's commitment to provide the institutional framework necessary for a green and sustainable global maritime transportation system. TOPIC A: TACKLING THE CHALLENGES OF TRANSPORTING HAZARDOUS AND NOXIOUS SUBSTANCES (HNS) BY SEA A. INTRODUCTION TO TOPIC 1 The domination of the sea routes remains to the trade among states. Followed by the fast improvement of technology and the usage of substances with unfortunate consequences to both nature and human health, a framework that combines the gains of maritime trade and the avoidance of sea pollution was needed. The Hazardous and Noxious Substances (HNS) Convention covers the issue of incidents regarding the transport of these substances by sea. Due to their importance, illegalising their use would certainly be more harm than any potential benefit from their prohibition. Its main goal is to achieve a safe insurance for those who have been harmed by incidents related to these

6 substances and give them easy access to a wide and international liability regime. In a more clear explanation of the necessity of the HNS Convention there are certain reasons showing its global significance. The trade based on HNS is not limited on a regional level but covers the universal one too and the proceeding HNS incidents are a fact. The countermeasures for this issue are inefficient due to the lack of an international compensation regime. The HNS Convention is based upon a long-standing and oil pollution regime with the capacity to tackle all the severe consequences of HNS incidents, which have proven to be costly and significant. In the end, it offers a fair and global system of compensation for HNS incidents. The HNS convention was adopted in 3 May 1996 and amended by a Protocol in 2010, the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, aims to ensure adequate compensation is available for damage occurring as a result of the maritime transport of hazardous and noxious substances (HNS). B. WHAT IS HNS? Hazardous and noxious substances, shortly for HNS is shortly defined with a list of products which are: 1. Oils 2. liquid substances defined as noxious or dangerous 3. liquified gases 4. liquid substances with a flashpoint not exceeding 60 C 5. dangerous, hazardous and harmful materials and substances carried in packaged form 6. solid bulk materials defined as possessing chemical hazards Approximately 2000 different types of HNS are transported on a regular basis by sea. Some of the top substances shipped by sea are sulphuric acid, hydrochloric acid, phosphoric acid, nitric acid, ammonia and benzene. The IMO estimates that almost 200 million tons of chemicals are traded per tankers. The number of ships transporting HNS worldwide is constantly increasing. The number of Container ships carrying HNS, Chemical tankers has increased almost twice its number during These increases clarify the importance of an efficient compensation regime, since the rise of the ships carrying HNS is proportional to the rise of incidents in the sea.

7 C. HISTORY OF MARITIME POLLUTION The IMO has faced, through various Conventions, the constant issue of sea pollution as a result of oil incidents. The difficulty of seeking a solid vote or even agreeing upon parts of the key approach to solve the problem among states has always been the main source of an ineffective and inactive strategy, regarding the resolution of the problem by the Member States and some of the various Conventions are; i. The International Convention for the Safety of Life at Sea (SOLAS), which was adopted in November 1974 and entered into force in May 1980 promotes measures regarding the carriage of cargoes and carriage of dangerous goods ii. The International Convention for the Prevention of Pollution from Ships (MARPOL) which was adopted in November 1973 and entered into force in October 1983 tackles the pollution of the marine environment by ships from operational and/or accidental causes. Due to the limits that the international law imposes to the states to enforce their own environmental and navigation regulations on foreign ships using their national sea routes, the national responses are proven inefficient to the

8 specific nature of the problem. Only through the international conventions can states promote their effective strategy to counter this issue gaining the intellect and experience of each other to this field but at the same time paying the price of slow change due to arguments between them. D. BACKGROUND OF THE HNS CONVENTION The HNS Convention is the product of an international conference based on the example of the Civil Liability and Fund Conventions. This Convention s main focus is dealing with the damage, inflicted by contamination caused by the spillage of persistent oil from tankers. In the term of persistent oil are included the crude oil, the fuel oil, the lubricating oil and the heavy diesel oil etc. Following the example of the first oil pollution compensation regime, the HNS Convention promotes the establishment of a two-tier system regarding the specific compensation per incident, involving hazardous and noxious substances such as sodium hydroxide, caustic soda. The HNS Convention expands its mandate by covering not only pollution damage but also the risks and dangers of fire and explosion, to the inclusion of loss of life or personal injury as well as loss of or damage to property. The HNS Convention covers any damage in the territory or territorial sea of a State Party to the Convention. It also covers pollution damage in the exclusive economic zone (EEZ), or equivalent area, of a Member State and damage (other than pollution damage) caused by HNS carried on board ships registered in the flag of the

9 Member State outside the territorial sea of any State. The following types of damage will be covered: Loss of life or personal injury on board or outside the ship carrying the HNS Loss of or damage to property outside the ship Economic losses resulting from contamination, e.g. in the fishing, mariculture and tourism sectors Costs of preventive measures, e.g. clean-up operations at sea and onshore Costs of reasonable measures of reinstatement of the environment Claims under the HNS Convention will be assessed according to criteria that will be established by the Governments of the States Parties. - Ship- Source incidents based on HNS in a global scale ( ) E. THE 2010 PROTOCOL TO THE CONVENTION ( Protocol_e.pdf ) There is at present no international regulation in force regarding pollution from ships carrying HNS. Numerous articles have been published about the impact of the HNS Convention on the shipping industry, but until now the convention has not come into force and the long announced challenges for the industry have still to materialise.

10 The HNS Convention is based on the same principles as the successful CLC and IOPC Fund Conventions regulating oil spills from tankers. However, the carriage of HNS cargoes is much more complex than the trade of persistent oils and the legislators have met a series of problems not encountered with the CLC/Fund conventions. At an IMO diplomatic conference in 2010 amendments were made to the original convention in order to attract more ratifications and thereby speed its entry into force. The Protocol was entered for signature at the headquarters of the IMO between 1 November 2010 and 31 October After that deadline, and until this date, it remains open for interested States to join it. Norway became the first State to ratify the 2010 Protocol on 21 April 2017 at the IMO Headquarters. Although eight States (Canada, Denmark, France, Germany, Greece, the Netherlands, Norway and Turkey) have proceeded by signing the 2010 HNS Protocol, none of the aforementioned States followed the example of Norway regarding the ratification of the Convention. The IMO diplomatic conference addressed three main problems thought to be the reason of the low ratification the convention. Although this exceeds the number of ratifications required to bring the convention into effect, these states do not represent the amount of HNS import cargo and ship tonnage required. However, if one major shipping nation ratifies it, the HNS Convention will come into force. For instance, Japan alone has sufficient volume of HNS imports and vessel tonnage to fulfil the requirements for the convention to take effect. Japan has shown an interest during the development of the convention and is expected to sign it, as are many of the EU states. F. THE TWO-TIER SYSTEM The HNS Convention will establish a two-tier system for compensation to be paid in the event of accidents at sea, in this case, involving hazardous and noxious substances such as chemicals. However, it goes further in that it covers not only pollution damage but also the risks of fire and explosion, including loss of life or personal injury as well as loss of or damage to property. Tier one will be covered by compulsory insurance taken out by shipowners, who would be able to limit their liability. In those cases where the insurance does not cover an incident, or is insufficient to satisfy the claim, a second tier of compensation will be paid from a fund, made up of contributions from the receivers of HNS. Contributions will be calculated according to the amount of HNS received in each Party in the preceding calendar year. HNS are; defined by reference to lists of substances included in various IMO Conventions and Codes. These include oils; other liquid substances defined as noxious or dangerous; liquefied gases ; liquid substances with a flashpoint not exceeding 60 C; dangerous, hazardous and harmful materials and substances carried in packaged form; and solid bulk materials defined as possessing chemical hazards. The Convention also covers residues left by the previous carriage of HNS, other than those carried in packaged form.

11 G. THE EFFECTS OF HNS HNS is widely known as liquid and mixed-liquid substances that can have harmful effects on the marine environment. For transporting these chemicals to larger distances at larger amounts, maritime transportation provides the solution at the lowest cost. Today, 16% of chemical commodities are traded via sea and by chemical tankers. Chemical tankers usually carry hundreds of different substances in their tanks on the same routes among the ports, such as organic and inorganic chemical substances, vegetable oils and lube oils. The toxicity of 13 aniline derivatives caused changes the colour of goldfish depending on the concentration. Vegetable oils and palm nut oils cause obstruction in the respiratory and digestive systems of the fish, and much more causing harm to the aquatic life. The number of such studies on bioaccumulation is quite a few and they are mostly conducted in a laboratory environment where the aquatic environment is simulated. With the development of industrial production and continuous demand for chemicals, the quantities of HNS transported by sea have increased recently. Consequently, the frequency of accidental leakage occurrences involved HNS has also increased over time, posing great risks to the aquatic ecosystems. Other than that, lubricating oil also effects the marine industry which contributed to the Hazardous Noxious Substances (HNS) especially if ship incident occurred. According to resources there have been 119 spills incidents that occurred from 1947 to 2011 and involved 187 spilled substance which are including spill incidents with non-toxic dis- solvers, spill

12 incidents with non-toxic sinkers etc. The non-toxic dissolvers can give bad impacts to the environmental in term of acid and base. While according to the IBC code, 7% are classified as major hazard, 61% as hazard, 22% as minor hazard. This numbers are big, 7% of 847,774 ton is a big number and a major hazard to human lives and to the ecosystem affected which is dangerous. To solve this problem in the future an organized system to catalog substances carried aboard ships is needed to know which substances are spilled and quick actions must be carried out in order to tackle it before long term problems occur. The development of diagnosing system to response to HNS accident is needed to be and has been improved in recent years, but reflecting to response system that of oil spilling accident, the current response system to HNS accident does not show much improvements as expected as a considerable extent. Previous researches were mainly focused on the qualitative analysis to build response system of HNS spill accidents. H. BENEFITS OF THE HNS CONVENTION The HNS Convention covers any damage caused by HNS in the territory or territorial sea of a State Party to the Convention. It also covers pollution damage in the exclusive economic zone, or equivalent area, of a State Party and damage (other than pollution damage) caused by HNS carried on board ships registered in, or entitled to fly, the flag of a State Party outside the territory or territorial sea of any State. Costs of preventive measures, i.e. measures to prevent or minimise damage, are also covered wherever taken. The Convention covers incidents involving the carriage of HNS by sea by any sea-going craft of any type whatsoever, except warships and other ships owned or operated by a State and used, for the time being, only on Government non- commercial service. The Convention allows a State to exclude from the application of the Convention ships which do not exceed 200 gross tonnage and which carry HNS only in packaged form and while the ships are engaged on voyages between ports of that State. The convention is very beneficial when it is being looked from this point of view. I. THE RATIFICATION AND SIGNATURE PROCESS TO THE 2010 PROTOCOL Fifty years ago, the grounding of the Torrey canyon focused the world s attention on the risks and environmental impact of majör marine oil spills. It became a catalyst for positive change resulting in the introduction of a comprehensive regulatory framework, safer shipping, improved preparedness and response adequate compensation. Notably it prompted the

13 development of international liability and compensation regime and the establishment of IOPC Funds. An exhibition to mark 50 years of government and industry working together to address the risk of oil pollution from ships has been established at the IMO headquarters and an online exhibition is available via the IMO website The HNS Convention represents a main area of conflict regarding the goal of agreeing on its ratification. Following that the EU states are formally authorised to ratify the 2010 Protocol since 25 April,2017. The United Kingdom urged the contracting States to submit the necessary information in order to move forward with its ratification, while UK is not one of these States. USA shares the interest of supporting projects like the HNS,however the US non-compliance with other more vital treaties like the United Nations Convention on the Law of the Sea (UNCLOS), casts its shadow on the trustworthiness of these statements. The extended control over their receipt, the expenses regarding the two-tier system, the doubt of the collaboration under the spirit of mutuality and proportionality and the advanced technical expertise for the infrastructure of this Convention are some of the biggest obstacles regarding its entry into force which is a problem needs to be solved. When it comes to The Russian Federation promoted the accession of the HNS Convention in an indirect way with the Article 326 et section of the Russian Merchant Shipping Code, where the essential provisions for the implementation of the Convention have turned into Russian law. Meanwhile China being a Member State of the Bunker Convention has not signed the HNS Convention, despite the similarities between the two Conventions. The means to move forward with the ratification of the Convention is to unify and coordinate the efforts of each separate state, because while the voluntary nature of the ratification and the jurisdiction to states to decide the way they will promote the Convention are the main advantages of the Convention but at the same time this is the reason why a small number of States have signed it and even less have ratified it. Some solutions to the issue could present to be the domestic implementation of the HNS Convention by close collaboration with stakeholders and the adoption of a reporting system regarding the nature of the receiving cargo and more. Another measure could be the insurance of a sufficient compensation deriving from all Parties which will be available in case of an HNS incident. The adoption of measures like that and the use of expertise based on each state capacity can open the way for the ratification of the Convention.

14 The Torre Canyon disaster-1967 J. OUTCOMES To sum up, the field that the HNS Convention wishes to cover is a field which knows no boundaries or national interests and is a common threat regardless nationality. The HNS can manage on delivering a fair, sufficient and universal regime of liability and compensation for all HNS incidents. There lies the necessity of States to become parties to this Convention, help entering it into force and guarantee of the international covering of the risk. The necessary assistance from IMO, which also helps as an organizing contributor, and the IOPC Funds are available to States and the industry for accessing the Convention in their national level. In the end, it is an international initiative based on national efforts under the protection of the idea that division comes with calamity, while unity comes with rise. K. POINTS OF INFORMATIONS WHICH NEED TO BE ANSWERED

15 1. It s clear that the Organization s Member States, civil society and the shipping industry are already working together to ensure a continued and strengthened contribution is not enough. What s need to be done to improve the work? 2. How can the IOPC funds be used more efficiently? 3. Is there any way to reduce the side effects of HNS while being transported? 4. Is the HNS Convention applicable to the national interests of the States in its current form or amendments are significant, if not necessary, for States to join in it? 5. Which are the essential measures, undertaken from the States for its entry into force? 6. How can States exceed the aforementioned obstacles to its ratification? 7. In which way can the collaboration between States under the HNS framework be flourish instead of sole national initiatives? 8. Does the two-tier system pose an adequate source of compensation? If not, does it need changes in its economic limits or maybe a third source of income? 9. How can IMO have a major role in the promotion of the discussion related to the coordination and the ratification of the HNS Convention? L. USEFUL LINKS x nventionwebe.pdf rm.pdf ernational-convention-on-civil-liability-for-bunker-oil-pollution -Damage-(BUNKER).aspx

16 ernational-convention-for-the-prevention-of-pollution-from-ships -(MARPOL).aspx TOPIC B: ADDRESSING PIRACY IN THE GULF OF GUINEA A. INTRODUCTION TO TOPIC B The United Nations Convention on the Law of the Sea (UNCLOS) defines piracy as 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. This definition of piracy is expanded upon by the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention), passed by the IMO in 1988, which also encourages prosecution for pirates. Both laws are fundamental to the operations of the International Maritime Organization; however, piracy continues to be a prevalent issue in the maritime sector, particularly in the Gulf of Guinea. From 2015 to 2016, this region in West Africa extending from Senegal to Angola saw a 77% rise in piracy incidents. Between January 1, 2018, and April 13, 2018, Nigeria alone saw between 14 and 22 incidents, and the Gulf overall had 30. This number could be even higher, however, as an estimated two-thirds of attacks in the region go unreported for fear of retribution. The measures that aided in the 2012 Somali piracy crisis, where pirates frequently held ships and their crews for ransom, have not slowed the rise of piracy in West Africa. Despite patrols by other nations, such as the United States, United Kingdom, and Canada, piracy incidents have not abated; in fact, their frequency in the region has increased dramatically since the end of the Somali crisis in 2013.In effect, the IMO has declared the region a threat to seafarers. Due to the increasing prominence of trade in West Africa, the piracy situation in the area must be resolved quickly in order to prevent a greater crisis that stifles the growth of the area.

17 B.BACKGROUND Piracy has affected maritime affairs from the first-time mankind ventured onto the open seas. During the latter half of the twentieth century, pirate activity began to grow after a period of relatively few incidents just like when they were in the Golden Age of piracy ( ), by the twenty-first century, Somali piracy had emerged as the largest issue facing maritime security and in 2004, the IMO rated the Gulf of Guinea second in the number of pirate attacks globally. Despite that, the piracy in Somalia remained in the spotlight for those concerned with piracy in Africa, and the issue of the Gulf of Guinea received only a fraction of the attention it needed. Before the rise of piracy in West Africa, Somalia s piracy issues constituted the most recent major piracy conflict, prompting action by the UN Security Council in the peak years of During the first six months of 2011, Somali pirates attacked 163 ships, taking 361 crew members hostage in the process. For the first time since the Second World War, all five permanent members of the Security Council deployed forces to the region to help combat the issue. Since the region did not have a functioning coast guard, the deployment of said forces drastically reduced the number of piracy incidents. Following 2012, incidents off the Horn of Africa have decreased dramatically, and in 2017, the International Maritime Bureau reported only 9 incidents. It was not until the Somali piracy crisis began to abate, however, that the international community took notice of piracy in West Africa. Pirates are often said to be motivated by economic incentives and encouraged by a lack of law enforcement. It is thus noticeable that pirates frequently operate from countries with an unstable government, and as a result, they face limited consequences for their actions. The United Nations asked for even sterner military actions to eradicate piracy, which has led to a certain level of progress. The progress came from better surveillance of international and territorial waters, improved control of ports, and enforcing maritime codes more frequently. Yet, despite this progress, there is still legal limited support for the hot pursuit across maritime borders, which means that nations are not allowed to enter other territorial waters in the pursuit of pirates. Due to robbery and hijacking of the ships, the piracy not only infringes upon the basic human rights to life and safety, but also causes economic damage to oil corporations and countries. For example, it is estimated that Nigeria loses $ 1.5 billion a month due to piracy It makes the economic loss from piracy a human right issue as well, as the money that could be used for humanitarian assistance, education, and health infrastructure is being robbed from Nigeria. Of

18 course, this applies to all nations affected by the Gulf of Guinea piracy, however Nigeria is the most impacted state, as it is the largest in the region. Clearly, a specific, realistic solution is needed as soon as possible to minimise the long-term consequences of piracy in the Gulf of Guinea. In 2014, IHS Maritime & Trade tracked 9 kidnappings in the Gulf of Guinea, 19 in 2015, and 44 between January 1st and September 30th Pirates are generally from countries with an unstable government and law enforcement. Due to those factors, they face zero or minor consequences even after being caught. The international community s attention was brought on the issue of piracy in the Gulf of Guinea when pirates began directly attacking international cargo ships. Yet, even with the global community s attention on the issue, piracy in the Gulf of Guinea is still a widespread issue. Even though awareness has increased a lot recently the United Nations has not assigned a maritime security taskforce and the resolution has had very little to no impact on the security of the region. There is need for a specific resolution that would have clear steps for each party affected, as well as negotiations in order to make sure all nations concerned agree, as the United Nations does not have the power to infringe upon national sovereignty. At the heart of that region is Nigeria that is the 14th largest oil producer in the world and one of the weakest states in the world in 2011 according to the failed states index. The main cause for the thrive of piracy in the region of the Gulf of Guinea is the lawlessness of the region, easy access to small arms and political instability in the region, piracy only being a symptom of the larger issue. To cure a disease, one must deal with the cause of the disease, therefore the committee must find a way to tackle the issues mentioned above. The Gulf of Guinea

19 B. THE CAUSE OF PIRACY IN THE GULF OF GUINEA Eight oil states that lie on the coast of the Gulf of Guinea in West Africa, combined possess 10% of all oil reserves worldwide. They produce 5 million barrels of oil daily, and at the centre of the oil production lays Nigeria. Nigeria s population makes up 35% of the entire continent s population, and is also the 14th largest oil producer worldwide. However, according to the 2014 Failed States Index, Nigeria is among the nations ranked lowest when it comes to the health of a state. Not surprisingly, the weakest and most underdeveloped region in Nigeria lies along the Niger River Delta, which is directly linked to the Gulf of Guinea. It has been found out that pirates sell stolen goods to the Movement for the emancipation of the Niger Delta (MEND), which in return sells weapons and (military) equipment to the pirates. This results in continued funding of an organisation that adds to the lawlessness of a region, while the pirates are able to continue their resupply of equipment. This embodies the implications that piracy has on the stability of a region on land, and adds to the complexity of the issue discussed.

20 A widely considered theory as to why piracy was able to peak in recent years is that countries in the regions that have largely ignored the issue, instead focussing on inter-state security issues on land. Therefore, the underperforming socioeconomic environment, together with the lack of oversight over the maritime security, has acted as an incentive for people to turn towards committing crimes at sea. This once more demonstrates the interconnectivity of maritime piracy and the instability of the region. In a more direct context, poor governance is a factor which affects the infestation of the Gulf of Guinea with pirates. Governments have been unstable, and contained high levels of corruption, which means that governments were unable to effectively sign laws into practise that ensure security of vessels in their territorial waters. As simple rules and regulations either did not exist, or were not maintained, it became easy for a conflict to evolve over a greater period of time. The IMO released a strategy to address West African piracy in 2015, but as it is not codified in a resolution, many measures mentioned have not been implemented or have proven ineffective. For example, while the strategy advocates for effective prosecution, the fear of reporting and additional government corruption makes achieving this goal difficult. The governments of the region are notoriously corrupt, and while some, such as Angola, claim to want to reduce this corruption, new administrations remain susceptible to bribery. Corrupt officials, lack of prosecution, and fear of retribution by pirates all contribute to the estimated two-thirds of piracy incidents in the Gulf of Guinea that go unreported. The growing importance of maritime trade to the region has made the situation all the more dire. Since it is one of the main trade centers in Africa, many states on and surrounding the Gulf depend on it for trade. A prime example, the country of Benin receives half of its governmental revenue from taxes on trade, and 80% of said taxes are generated through the port of Cotonou, located on the Gulf of Guinea and often afflicted by pirates. Additionally, Nigeria s oil exports contribute a powerful interest in the continued trade in the region. Despite the current importance of maritime shipping to the region, there is considerable room for growth in this area, given that African states only have a share of approximately 3% in world trade. This potential growth along with the escalation of piracy in the Gulf makes mitigating piracy in West Africa a crucial international issue. C. KEY MEMBER STATES & NGO s INVOLVED 1. NIGERIA As mentioned before, Nigeria is one of the largest oil producers in the region. By some estimates, Nigeria is even losing about $1.5 billion a month due to maritime piracy, armed robbery at sea, smuggling, and fuel supply fraud. Due to its role in the region of the Gulf of Guinea, Nigeria is to a certain extent looked at when

21 attempting to solve this issue. They are expected to take the lead, for example when it comes to providing equipment and ships for maritime patrols in the territories of the region. 2. UNITED STATES OF AMERICA The United States currently relies on the Gulf of Guinea for 15 per cent of its oil imports, therefore they have a direct motivation for action in the region. The United States military Africa Command (Africom) began exercises with West African navies in 2012 to enhance security in the region. The training occurred on U.S. Navy ships, therefore allowing the United States to maintain a military presence in Africa without maintaining a physical naval base. Despite this however, US involvement in the region, for example by providing troops has been limited. 3. CHINA China joined the fight against piracy in the Gulf of Guinea in July 2016, when they declared they would help West African countries build necessary infrastructure to coordinate an anti-piracy fight. They have been sending patrol vessels and have been building ports in Guinea, Nigeria and Côte d Ivoire. 4. NATO The North Atlantic Treaty Organisation has an anti-piracy force, which was used in the fight against the pirates off the coast of Somalia. This force also operates in the Gulf of Guinea, yet it has a smaller fleet, and is less prominently active than before. However, NATO remains a large power that is involved in the conflict. 5. OCEANS BEYOND PIRACY Oceans beyond Piracy is a program of One Earth Future Foundation, a non-profit organisation located in Colorado, U.S.A. Their West Africa program is working with relevant stakeholders to help the fight against all maritime crime in the Gulf of Guinea. They hold working group meetings and support both the regional and international efforts being made to combat piracy in the region. They also recognise that there needs to be a strategy to address the root causes of widespread piracy in the region. 6. MEND The Movement for the Emancipation of the Niger Delta is one of the largest militant groups based in the Nigerian Delta region. The MEND claims that they expose corruption and exploitation of the people in the Niger River delta, and devastation of the environment by the government and its public-private partnerships. In fact, it is more of an umbrella organisation

22 for several armed groups, which it sometimes pays in cash or guns to launch attacks. The organization has been linked to attacks on operations regarding oil in Nigeria, and engaging in sabotage, theft, guerrilla warfare, and more. D. POSSIBLE SOLUTIONS There are several possible solutions that can be considered by delegates. First of all, the root causes of this widespread issue must be addressed. It is important to address regional stability, piracy, and the corruption of the government. That means that the political and military instability in the whole region must be tackled, not by just writing a resolution condemning it, but by having clear steps for governments to take with the help of various NGOs and the United Nations. For example, the easy accessibility to weapons in the region and the widespread black market is one of the causes for piracy in the region. Limiting the accessibility to light arms would perhaps help lessen the armed attacks on ships. Creating teams to dismantle the black market in the area as much as possible would also be equally helpful, as often weapons are obtained illegally. Other than that an annual summit may be organised where representatives of each relevant nation in the region converse about finding a solution together, and proposing a plan of action. The delegates should determine the aim of the summit, and the nations and international organisations present. Secondly, a more permanent solution may encompass the creation of an intergovernmental body, where representatives and experts from each relevant nation implement policies in the entire region. Once more, the specific aim and the structure of such a body would have to be determined by delegates. Surveillance in the region must also be better regulated in order to be able to identify the criminals if a hijacking or kidnapping does happen and so that there could be consequences for those individuals. That requires negotiating with the member states, as those surveillance programs would take place in their territorial waters. For example, Africom has already started a program, however it does not include aerial surveillance which would help locate pirate ships even before they attack. Support from other nations could vary from military training and education specialists sent to the region, to supplying the region with the equipment necessary to fight piracy, such as drones, military vessels and so on. E. WHAT IS EXPECTED FROM THE IMO? The International Maritime Organization will convene to address the potential ramifications of maritime modernization and the current lack of maritime cyber-security. Delegates must

23 consider the benefits of modernization, such as increased efficiency in ports and shipping through data transfer, while keeping in mind the potentially devastating effects of a cyber-attack. Possible methods should help maximize the benefits and minimize the risks of maritime modernization while considering the implications of unmanned ships and ports on cyber-security. It is important to note that the IMO cannot force the repeal of a EU policy like the GDPR; thus any advice to the European Union would be only a recommendation. Delegates would also be wise to steer away from overly economic solutions, as those easily fall under the jurisdiction of the Economic and Financial Committee (ECOFIN). Additionally, like most other UN committees and associated agencies, the IMO does not have the jurisdiction to demand member states to enact measures against their judgement. Despite the challenges presented by this multifaceted issue, the delegates of the IMO can and will arrive at a meaningful solution. POINTS THAT NEED TO BE ADDRESSED 1. How frequently does your country rely upon trade with West African countries? 2. Has your country dealt with any domestic piracy issues in the past? If so, what policies did it enact to help solve this problem, if any? a. What measures does your country take to ensure adequate and accurate reporting of pirate incidents? 3. Are ships registered to your country frequently preyed upon by West African pirates? If so, what measures has your state taken to prevent this? 4. What approach has your country taken to more global piracy incidents, including the Somali crisis? a. Does your country already contribute forces to naval patrols in the region? 5. How can your country help the region according to its economy and resources? F. USEFUL LINKS %20WCA%20Str 5

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