Port of Mombasa: Comparative Position

Similar documents
MARITIME SECURITY IN THE CHANGING INTERNATIONAL GEO-STRATEGIC SCENARIO AND ITS INFLUENCE ON THE EAST COAST OF AFRICA

PERTH COUNTER-PIRACY CONFERENCE JULY 2012 CHAIRMAN S FINAL STATEMENT OF THE MEETING

GOALS 9 ISSUE AREAS. page 7. page 5. page 6. page 8. page 1 page 2. page 9

DISARMAMENT AND INTERNATIONAL SECURITY COMMITTEE (DISEC) Director: Guerlain Ulysse MIMUN 2011

OCCASIONAL PAPER 1 A CODE OF CONDUCT FOR THE INDIAN OCEAN. 2 nd January, 2018 CENTRE FOR THE LAW OF THE SEA PATHFINDER FOUNDATION

PIRACY UPDATE. John Ramage Chief Operating Officer

G7 Foreign Ministers Declaration on Maritime Security Lübeck, 15 April 2015

The EU fight against piracy in the Horn of Africa

THE INTERNATIONAL LEGAL FRAMEWORK FOR RESCUE AT SEA By: Prof. Dr. Hasjim Djalal, M.A.

Multi-faceted Approach to Deal with Piracy off the Coast of Somalia. June 2009 Ministry of Foreign Affairs of Japan

Fight against piracy

LESSONS IDENTIFIED FROM SOMALI PIRACY

Maritime Law Association of South Africa Conference Shelley Point 15 September 2012

PROSECUTING MARITIME CRIME

Updated: 13 February 2012 MEDIA INFORMATION

Detention in the Maritime Domain - Counter- Piracy Operations

XIX TH INTERNATIONAL CONGRESS - IIDM DIFERENCOJ POR UNUFORMECON! Places of Refuge. GIORGIO BERLINGIERI Places of Refuge

ALON. Ocean Wave. Issue Topics of interest relating to the Philippine Maritime Industry and Shipping. GULF of ADEN

97 th Session of the IMO s Maritime Safety Committee

Countering offences committed at sea through criminal justice mechanisms: Interplay between existing international instruments

Third Session ROYAL MOROCCAN NAVY: NEW PERSPECTIVES FOR BETTER MARITIME SECURITY AWARENESS" Captain Abdelkrim MAALOUF

Seventeenth Plenary Session, Dubai, 28 October Communiqué (Final)

NINETEENTH PLENARY SESSION OF THE CONTACT GROUP ON PIRACY OFF THE COAST OF SOMALIA. 31 st MAY TO 3 rd JUNE 2016 Victoria, Seychelles

Basic Maritime Zones. Scope. Maritime Zones. Internal Waters (UNCLOS Art. 8) Territorial Sea and Contiguous Zone

Report of the Secretary-General on the situation with respect to piracy and armed robbery at sea off the coast of Somalia I.

PLACES OF REFUGE FOR SHIPS IN NEED OF ASSISTANCE IN CANADA: POLICY LESSONS FROM OTHER MARITIME NATIONS

10238/17 FP/aga 1 DGC 2B

OVERVIEW. Introduction Implementation Current Issues and Concerns Future Issues and Concerns Prospects for the Future

One Hundredth Session of the IMO Legal Committee.

Baltic Marine Environment Protection Commission

TWENTY-FIRST PLENARY SESSION of the CONTACT GROUP ON PIRACY OFF THE COAST OF SOMALIA Final Communiqué

Non-Traditional Maritime Security Cooperation in Southeast Asia

OVERVIEW OF MARITIME SECURITY ENVIRONMENT: CHALLENGES AND THREAT ARE WORKSHOP ON MARITIME SECURITY KUALA LUMPUR, MALAYSIA SEPTEMBER 2004

CSCAP WORKSHOP ON UNCLOS AND MARITIME SECURITY IN EAST ASIA MANILA, MAY 27, 2014

The EU and Somalia: Counter-Piracy and the Question of a Comprehensive Approach

Intelligence brief 19 March 2014

1. Maritime security and surveillance

Realizing Global Maritime Surveillance. Security and utilization of the ocean

A STUDY ON MARITIME SECURITY MEASURES FOR NON-SOLAS VESSELS

TESTIMONY OF ADMIRAL ROBERT PAPP COMMANDANT, U.S. COAST GUARD ON ACCESSION TO THE 1982 LAW OF THE SEA CONVENTION

Resolutions adopted by the International Labour Conference at its 94th (Maritime) Session

Acts of Piracy and Maritime Violence

The Legal Regime Governing Passage on Routes used for International Navigation through Indonesian Waters. Robert Beckman

International Dimensions of National (In)Security Concepts, Challenges and Ways Forward. Session II: Maritime Security

EUROPEAN UNION. Brussels, 11 October 2013 (OR. en) 2011/0427 (COD) PE-CONS 56/13 FRONT 86 COMIX 390 CODEC 1550

Basics of International Law of the Sea

Strategy Research Project

Coversheet: Interdicting drug shipments in international waters

Home About Us About RMMS What is Mixed Migration Country/Area Profiles Djibouti Eritrea Ethiopia Kenya Puntland Somaliland Somalia - South Central

Japan s Position as a Maritime Nation

Global Conventions on Maritime Crimes Involving Piratical Acts

4 ALBERT EMBANKMENT LONDON SE1 7SR Telephone: +44 (0) Fax: +44 (0)

H. C. Miscellaneous Application No. 434 of 2009) ************************** JUDGMENT MARAGA, JA

A guide to principles and practice as applied to migrants and refugees

and the role of Japan

INTERNATIONAL MARITIME ORGANIZATION

INTERIM MEASURES FOR COMBATING UNSAFE PRACTICES ASSOCIATED WITH THE TRAFFICKING OR TRANSPORT OF MIGRANTS BY SEA

Thailand s Contribution to the Regional Security By Captain Chusak Chupaitoon

Piracy Prosecutions. A perspective from the Seychelles. Justice Anthony F.T. Fernando, Court of Appeal, Seychelles

IMPLICATIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA FOR THE INTERNATIONAL MARITIME ORGANIZATION

ISAS Insights No. 8 Date: 25 October 2005

GUIDELINES FOR REGIONAL MARITIME COOPERATION

Fostering More Effective Non-Traditional Maritime Security Cooperation in Southeast Asia

Can Illegal actions cause oil spills?

1.1. Would a "cargo ship" in excess of 500 grt, without a master or crew onboard, which is either controlled remotely by radio communication?

Strategic Implications of Piracy in Benin s Territorial Waters

Keynote Speech by Mr. Shunsuke Takei, Parliamentary Vice-Minister for Foreign Affairs of Japan at the Raisina Dialogue Wednesday, January 18, 2017

LEGAL TOOLS FOR COMBATING PIRACY IN NIGERIAN WATERS

IMO PLACES OF REFUGE. Report on places of refuge. Submitted by the Comité Maritime International (CMI)

Second Summit of the International Conference on the Great Lakes Region

WFP Somalia SPECIAL OPERATION SO

Topic A: Globalization of Organized Crime

Report of the Secretary-General on the situation with respect to piracy and armed robbery at sea off the coast of Somalia I.

Conference of the German Federal Foreign Office, the Robert Bosch Stiftung and the Friedrich Ebert Stiftung

ASIA PACIFIC CARGO CRIME & SUPPLY CHAIN DISRUPTION. Q1&Q2 Report POWERED BY

INTERNATIONAL LAW : RIGHTS AND OBLIGATIONS ON SEARCH AND RESCUE

The Future of Sea Lane Security between the Middle East and Southeast Asia June 2015 Meeting Summary

1958 CONVENTION ON THE HIGH SEAS

Error! Report on Wilton Park Conference 953

Migrant boat capsizes off Libyan coast, hundreds dead

DECLARATION ON THE SAFETY OF NAVIGATION AND EMERGENCY CAPACITY IN THE BALTIC SEA AREA (HELCOM COPENHAGEN DECLARATION)

UWE has obtained warranties from all depositors as to their title in the material deposited and as to their right to deposit such material.

CONTRIBUTION OF THE INTERNATIONAL MARITIME ORGANIZATION (IMO) TO THE SECRETARY-GENERAL S REPORT ON OCEANS AND THE LAW OF THE SEA

CODE OF CONDUCT FOR NGOs UNDERTAKING ACTIVITIES IN MIGRANTS RESCUE OPERATIONS AT SEA

INTERNATIONAL MARITIME ORGANISATION

STRENGTHENING COMPREHENSIVE AND

South China Sea: Realpolitik Trumps International Law

Lithuanian Maritime Safety Administration: the Most Important Activities

Which High Seas Freedoms Apply in the Exclusive Economic Zone? *

SRI LANKA SRI LANKA 10 TH COUNCIL OF MINISTERS MEETING OF INDIAN OCEAN RIM ASSOCIATION FOR REGIONAL COOPERATION

Michelle Scobie, LLb, LEC, PhD Institute of International Relations University of the West Indies, St. Augustine

THE LEGAL REGIME OF STRAITS USED FOR INTERNATIONAL NAVIGATION

Agenda Fifth special meeting of the Counter-Terrorism Committee with international, regional and sub-regional organizations

SEMINAR ON SECURITY IN THE GULF OF GUINEA, LISBON, 11 JULY 2014 MULTILATERALISM AND SECURITY IN THE GULF OF GUINEA

Piracy, the curse of maritime transport Seminar on Piracy and Armed Robbery at Sea 28 March 2012, Brussels

Official Journal of the European Union

The Gulf of Aden and the Red Sea with a special focus on the Yemen situation. IOM and UNHCR Proposals for Strategic Action October 2015

L 111/20 Official Journal of the European Union

Maritime Security in Southeast Asia with special emphasis on the Straits of Malacca and Singapore.

REPORT OF THE LEGAL COMMITTEE ON THE WORK OF ITS 104TH SESSION. Page No REPORT OF THE SECRETARY-GENERAL ON CREDENTIALS 2.

Transcription:

UNITED NATIONS OPEN-ENDED ENDED CONSULTATIVE PROCESS ON OCEANS AND THE LAW OF THE SEA 23 RD -27 JUNE 2008 ROLE PLAYED BY KENYA IN THE FIGHT AGAINST PIRACY AND ARMED ROBBERY AGAINST SHIPS OFF THE COAST OF SOMALIA BY NANCY KARIGITHU Port of Mombasa: Comparative Position THE PORT OF MOMBASA GATEWAY TO EAST & CENTRAL AFRICA

STRENGTHS Strong Market Position Gateway to E & Central Africa Proximity to Europe, Middle East and Asia Large captive cargo base THE PORT OF MOMBASA Natural and sheltered deep water harbour OVERVIEW OF SOMALIA Located on the East Coast of Africa. Total size 637,657 Km/sq. It has the longest coastline in Africa of 1,700 miles. It borders Djibouti on the northwest, Ethiopia on the west, and Kenya south. Population approximately 8,000,000.

OVERVIEW OF SOMALIA Somalia has had no functioning central administration since the 1991 and pirates have increasingly taken advantage of the lack of authority to ply the I,800 mile coastline. The Government of Kenya played a key in efforts that led to the formation of a Transitional Federal Government of Somalia in 2004. Threats to Maritime security arising from Proximity to Somalia Piracy, terrorism, and armed robbery; Risk of oil spills; Threat to sea lanes of communications and choke points; Bab el Mandeb, Mozambique channel; Disruption of seaborne trade; Threat to the lives of seafarer; Security and safety of navigation; Security of regional States; Threat to the right of innocent passage. 23/06/2008 6

INCREASING PIRACY INCIDENTS ON SOMALIA COAST Pirates are currently operating in the high seas targeting merchant ships of all types. Current trends show a intensive and violent leaning to hijacking and armed attacks on ships, taking crews hostage, and demanding huge amounts of cash in ransom. Geographical proximity to Somalia has caused major challenges to Kenya: The attack on passenger vessel Seaborne Empress while en route to Mombasa on 7th November 2005 Security Challenge With no army, police, navy or coast guard since 1991, permanent national government, national legal system therefore no system to reach out to at a national level; Porous shores :constant challenge to prevent clan and militia fighting in Somalia from spilling across border into Kenya. 23/06/2008 8

Security Challenges Breach of existing measures Fueling regional conflicts/instability Emergence of gangs/drug cartels danger to national security 23/06/2008 9 Security Challenges Threat to lives of seafarers, safety and security of navigation, and the protection of marine environment. Lack of political guidance to bring the security agencies together to combat piracy. Lack of national plans to combat piracy. Lack of national patrols and surveillance against piracy.

ISSUES OF CONCERN Lack of coordination and cooperation in pooling of resources by the regional governments. Non-compliance by the operators of ships to the established maritime security and safety measures. Impact of acts of piracy and armed robberies against ships on the economies of the region. Impact of Piracy in Kenya Increased costs of doing business reduction in cruise industry, slow down in the distribution of food aid to Somalia, increased costs of relief food operations; relief food is increasingly opting for road transport, (wear and tear of roads and increasing insecurity due to seasonal nature of such roads and also the dangerous terrain) 23/06/2008 12

INTERNATIONAL REGIME-IMO IMO EFFORTS The IMO developed Resolution A 979 (24) which was adopted by the IMO Assembly on 1st December 2005. The Resolution urges governments to adopt a regional approach to combat piracy and armed robbery against ships and engage in a concerted international effort. Further urges for the assistance to the Transitional Federal Government to build capacity to combat these incidents in the territorial waters of Somalia. Kenya Government s Efforts In reaction to IMO Resolution A 979/24, the Government of Kenya hosted a meeting of regional Governments on 23 rd and 24 th February 2006. Meeting attended by delegates from Kenya, Mozambique, United Republic of Tanzania and the Transitional Federal Government of Somalia, representatives of the Governments of United Kingdom, United States of America, Australia, Bangladesh, India, Sri Lanka and India; International Maritime Organization (IMO), New Partnership for Africa Development (NEPAD), World Food Programme (WFP) and United Nations Monitoring Group in Somalia.

Kenya Government s Efforts The meeting discussed the concerns raised by piracy and issued a Joint Communiqué as well as agreed on the way forward as follows: That patrols by the Combined Joint Task Force (CJTF) off the coast of Djibouti be encouraged and sustained to combat incidents of piracy. That the regional Governments hold frequent meetings to review the developments in combating piracy and armed robberies in the region. That the regional Governments agree to frequently exchange and disseminate intelligence on threats by pirates against ships at sea. Kenya Government s Efforts The meeting also adopted an action plan to be executed both in the short term and the long term. In the short term, the Governments of the region should initiate negotiations and consultations with the Government of Somalia and other interested parties. This has not been possible because the Transitional Federal Government of Somalia has not settled in the country.

Kenya Government s Efforts The Governments of the region to enhance patrol and surveillance capacity building. Formation of the Expert Working Group from the Governments and stakeholders. GOK established an Inter-Ministerial Steering Committee for the development and deployment of Coastal Security Patrol Unit; Maritime Police Unit became a reality in May last year. Kenya Government s Efforts Enactment of the Merchant Shipping (Maritime Security Regulations) in January 2005. Investment of over USD 17M to improve security in Kenyan seaports in compliance with the ISPS Code. Establishment of a Search and Rescue Coordination Centre in Mombasa to coordinate activities in search and rescue operations for distressed ships and seafarers and also operations against piracy and armed robberies.

Kenya Government s s Efforts In January 2006 10 suspected pirates brought on shore to Kenya by American navy; Section 69 of the Penal Code: Any person who in territorial waters or upon the High Seas commits any act of piracy jure gentium is guilty of an offence of piracy. Pirates brought under the jurisdiction of Kenyan courts. 23/06/2008 19 Legal Framework Ratification of UNCLOS since 1989 Criminal law jurisdiction limited Kenyan courts have not been exposed to maritime law Neither has the investigative arm of Government in such matters; 23/06/2008 20

Legal Framework Spirited defense mounted on both technical and evidence There is need to urgently review the law national laws to permit ships or warships from another state to intervene in the national waters;. 23/06/2008 21 CONCLUSION Lasting peace and stability will not only afford Somalia a lasting solution to her political problems but may be the solution to the problem of piracy off the Somalia coast.

CONCLUSION Assistance must be given by the Governments in the region to the Transitional Federal Government of Somalia to achieve lasting peace and stability. This would have to involve the regional Governments, Development Partners, African Union (AU), United Nations (UN), East African Community (EAC) and Inter-Governmental Authority on Development (IGAD). WAY FORWARD Peace and stability Armed fast reaction to piracy attacks Active patrols Maritime & air surveillance SAR and disaster relief Capacity building Compliance with established regulations National, Regional Legislations and strategies Regional Cooperation: Capacity building Sharing information and intelligence Development of information centers and procedures Sharing information and intelligence Joint law enforcement at sea Joint training, exercises sharing experiences

What are the Challenges Political will and guidance Inadequate capacity Lack of national, regional plans to combat piracy Lack of integrated legislative frameworks Non compliance to SOLAS requirements Maritime territorial dispute (UNCLOS III OF 1994) Transnational disputes Lack of public awareness Inter Agency conflict Acute national sensitivity towards preservation of sovereignty 23/06/2008 25 THE END THANK YOU