1

Action Plan Objectives

Increase pressure at the political level to secure the immediate release

of all hostages being held by pirates

Review and improve the IMO guidelines to Administrations and

seafarers and promote compliance with industry best management
practices and the recommended preventive, evasive and defensive
measures should follow

Promote greater levels of support from, and coordination with, navies

Promote anti-piracy coordination and co-operation procedures between

and among States, regions, organizations and industry

Assist States to build the capacity of States in piracy-infested regions

of the world, and elsewhere, to deter, interdict and bring to justice
those who commit acts of piracy and armed robbery against ships; and

Provide care for those attacked or hijacked by pirates and for their
families
2

Piracy Snapshot 2011

Ratio of successful attacks versus

attacks reported

Since August 2008 where approximately 50% of attacks were

successful, on a 12 month rolling average the pirate success ratio
has been reduced to its current level of below 20%

The figures for the first six months of this year (187 attacks
leading to 22 hijacks) indicate that 88% of attacks are being
defeated, largely by proper application of BMP3

On 1 January 2011 there were 28 ships and 656 seafarers being

held. At the official launch of the Action Plan on 3 March 2011,
this had risen to 30 ships and 714 seafarers.

At present (20 July) there are 22 ships and 464 seafarers being
held, a significant reduction, but indicative that the situation is far
from acceptable.
4

Seafarers captured and in captivity 2011

Ships attacked and captured 2011

Monsoon
Period

EUNAVFOR
Observed Compliance with BMP3
Total number of observed ships
Number of ships which were non compliant
with BMP3
Ratio of BMP3 non compliant ships

Oct-Dec
10
350

Jan 11
165

Feb 2011
680

Mar 11
406

238

112

290

181

94

68

67.8

42.6

44.5

42,5

Apr 11
221

Registrations with MSCHOA

Concerns
Pirates:

More aggressive tactics

More violent attacks
Bolder and larger attacks
Better organized

Repercussions of alternative routes

Cape of Good Hope

extra mileage to run (almost double that for a typical voyage)

time increase of the same voyage by almost 12.5 days at a speed of

15 knots (thus delaying the replenishment of Europe and the
Americas in energy stocks);

an additional need for some 750 tonnes of fuel per ship and an
additional volume of some 2,335 tonnes of CO2 emitted from the
additional fuel burnt;

possible increase in freight rates which could more than double if all
ships were deviated around the Cape, subsequently settling at about
25 to 30% higher; and

economies and the consumer would eventually be hurt.

10

11

Action Plan Objectives

Increase pressure at the political level to secure the immediate release

of all hostages being held by pirates

Review and improve the IMO guidelines to Administrations and

seafarers and promote compliance with industry best management
practices and the recommended preventive, evasive and defensive
measures should follow

Promote greater levels of support from, and coordination with, navies

Promote anti-piracy coordination and co-operation procedures

between and among States, regions, organizations and industry

Assist States to build the capacity of States in piracy-infested regions

of the world, and elsewhere, to deter, interdict and bring to justice
those who commit acts of piracy and armed robbery against ships and

Provide care for those attacked or hijacked by pirates and for their
families
12

Actions taken by IMO

Guidance

Djibouti Code of Conduct

Support to SOS

Improvements to piracy reporting

Long Range Identification and Tracking
13

Outcomes of MSC 89

Guidance on Privately
Contracted Armed
Security Personnel
Guidelines on Collection of
Evidence
Resolution on use of
BMP guidance

15

IMO guidance - firearms and private security

IMO does not endorse carriage of firearms by seafarers, or the

use of privately contracted armed security personnel on board
ships

Current guidance is contained in MSC.1/Circs. 1333 and 1334

New interim recommendations and guidance (MSC.1/Circs.

1405 and 1406) do not change IMOs position on the use of
armed personnel: Seafarers should not be armed and the
carriage of PCASP remains a matter of decision for the ship
owner, after a thorough risk assessment, to request and the
Flag State to decide.

16

PCASP The Way Forward

Implications of PCASP for port and coastal States to be

considered by the FAL Committee (FAL 37)
5-9 September 2011

Meeting of Working Group 3 of the CGPCS to discuss PCASP

guidance
12 September at IMO HQ

Intersessional MSC Working Group on Maritime Security

including Piracy and Armed Robbery against Ships (MSPWG)
13-15 September 2011

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Contact Group on Piracy off the coast

of Somalia
IMO is an active member of the CGPCS and its
working groups:
CGPCS Plenary
WG 1: Military and operational coordination, information
sharing and capacity building
WG 2: Legal issues
WG 3: Shipping self awareness and capabilities
WG 4: Communications and key messages
WG 5: Financial aspects of piracy NEW

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Review of National Legislation

Naval action alone insufficient
Need for effective legal framework
IMO Circular letter requesting information on
national legislation

19

Review of National Legislation

- 44 States have submitted information on national
legislation
- Inadequacies include:
UNCLOS definition of piracy not fully incorporated
concept of universal jurisdiction missing
piracy not made separate criminal offence

20

Review of National Legislation

national legislation made available on DOALOS website

www.un.org/depts/ios/piracy/piracy_national_legislation.htm

key element for successful prosecution of piracy identified and

circulated to IMO Member States

responsibility for enacting legislation rests with governments

21

Which court should exercise

jurisdiction?

3 reports:

2010 UNSG report containing options for the creation of special

courts in the region

2011 report of the UN Special Adviser (Lang Report), narrowing

down these options
-

favours concept of Somalization of prosecution

June 2011 UNSG report:

focussing on establishment of Specialized Somali antipiracy courts

22

WG2 of the Piracy Contact Group

established 2009
provides specific, practical guidance to CGPCS
on legal issues related to prosecution and
punishment of pirates
8 meetings to date

23

WG2 of the Piracy Contact Group

Issues discussed include:

provision of adequate national procedures on prosecution

related issues;

legal aspects of post-trial transfers;

criminalization of possession of piracy-related equipment;

ways of improving collection and sharing of data from piracy

incidents;

human rights issues; and

private armed guards.

24

WG2 of the Piracy Contact Group

Future work includes:

analysis of court decisions on human rights and criminal law

issues;

post-trial transfer arrangements legal aspects;

methods for obtaining statistics on numbers of prosecution and

on numbers of pirates released without prosecution;

legal aspects of air transfers arrangements;

legal issues regarding use of private armed guards; and

legal issues regarding piracy financiers and leaders operating

offshore.

25

Djibouti Code of Conduct

Membership
Adopted in January 2009, the Djibouti Code
of Conduct welcomed its 18th Signatory
State with the signature of the United Arab
Emirates on 18 April 2011 during the Dubai
Conference.

26

Djibouti Code of Conduct

List of Signatory States
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Country
Djibouti
Ethiopia
Kenya
Madagascar
Maldives
Seychelles
Somalia
United Republic of Tanzania
Yemen
Egypt
Comoros
Sudan
Saudi Arabia
Mauritius
Jordan
Oman
Eritrea
United Arab Emirates

Date of the Signature

29 January 2009
29 January 2009
29 January 2009
29 January 2009
29 January 2009
29 January 2009
29 January 2009
29 January 2009
29 January 2009
1 October 2009
23 November 2009
1 December 2009
10 March 2010
23 March 2010
20 May 2010
29 July 2010
26 November 2010
18 April 2011
27

Djibouti Code Signatory States

28

Djibouti Code of Conduct

Capacity Building is based upon 4 pillars:

Information sharing
Regional Training
National legislation
Operational capacity building

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Djibouti Code of Conduct

Information Sharing Centres (ISCs)
Sanaa Regional Maritime Information Sharing Centre
operational from February 2011
Mombasa and Dar es Salaam ISCs declared operational in
March 2011
Entire regional web-based information sharing network
equipped and operational by end June 2011

30

Djibouti Code of Conduct

31

Djibouti Code of Conduct

Training:
IMO is funding the building of a regional
training centre in Djibouti (DRTC)
IMO is running training for all 21 States
across all aspects of the capacity building
pillars

32

Djibouti Code of Conduct

Training
Regional Training Centre Building:
Memo of Understanding between IMO and Djibouti
for transfer of $2.5m in building funds signed in
May 2011
Site clearance has commenced
First funds for building: release imminent

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Djibouti Code of Conduct

Djibouti Regional Training Centre (DRTC)
Training needs analysis completed for DRTC
Meeting of Djibouti Code States in May 2011
adopted framework resolution covering:
Mission and TORs DRTC
Regional training coordination process
Programme of training for DRTC for next 12 months

36

Djibouti Code of Conduct

Legal
Review of national laws is ongoing with an emphasis
on establishing if a law to counter piracy exists and is
enforceable by a States maritime law-enforcement
force
Training for regional Ministries of Justice and seagoing law-enforcers in the ROE and procedures for a
piracy arrest ongoing in co-operation with UNODC

37

Djibouti Code of Conduct

Other projects:
Provide communications equipment and a jetty in
Seychelles
Work with UNODC and UNDP to establish a legal
framework for, and commence training of a Somaliland
Coastal Monitoring Force scheduled for late 2011
Partner for counter-piracy training through TRADE
process (NATO) tying regional operational capacity to
international naval operations

38

Djibouti Code of Conduct

Maritime Situational Awareness
Link Tanzanian Navy radars and AIS to Dar es
Salaam ISC in cooperation with USN in progress

Contract for partner programme in Kenya has commenced

Fuse Yemen VTS and AIS pictures into Yemen ISC

and link to Djibouti AIS system to give Gulf of Aden
coverage
Longer term fuse all AIS and coastal radars into a
common picture

39

Future
Once a common picture is being shared it requires seagoing law-enforcement forces to use the information to
detect and disrupt pirates, and protect friendly shipping
Thus a regional approach is required to benefit from this
regional picture
IMO is doing background work with East African Standby Force
Maritime Force (EASF MARFOR) to establish maritime security as
a strategic objective under a single regional command structure.
IMO has increased the momentum for operational Coast Guard
function training earmarking $5m in funds for 2011/2012.

40

Future
IMOs maritime situational awareness concept is based upon a
practical approach to:
link and share regional maritime data
establish regionally co-operating sea-going law-enforcement forces
Train regional staff to a common standard.
.......all set within a legal framework to counter piracy through national
updating of piracy law, and the bringing together of all agencies
responsible for devising, enforcing and prosecuting that law.

41

Vision
Through the Djibouti Code of Conduct IMO is
seeking to give ownership for countering piracy
back to regional States

42

QUESTIONS?
43