inter agency challenges in maritime security in africa

1. INTER�AGENCY CHALLENGES IN MARITIME SECURITY IN AFRICA DR. PAUL MUSILI WAMBUA LECTURER IN MARITIME AND COMMERCIAL LAW UNIVERSITY OF NAIROBI SCHOOL OF LAW , KENYA

2. INTRODUCTION There has been an exponential in crease in cases of piracy off the East Coast of Africa. IMO figures show that there were a total of 135 piratical attacks in 2008. A total of 102 incidents were reported to the IMB Piracy Reporting Centre (PRC) in the first three months of 2009 compared to 53 incidents in the first quarter of 2008 On March 23rd 2010 Somali pirates hijacked a Turkish vessel mv Frigia about 1000 nautical miles off the coast of Somalia. Piratical attacks off the coast of Guinea are also in the increase.

3. Nature and Structure of Agencies combating Maritime Insecurity Multiple agencies trying to solve the problem. International Level International Maritime Organization United Nations Security Council United Nations Office on Drugs and Crime Continental Level The African Union Regional Level The Contact Group on Piracy off the Coast of Somalia (CGCPS) Maritime Organization of West and Central Africa. (MOWCA) Maritime Rescue and Co-ordination Centres. (MRCC) Maritime Security Centre ( Horn of Africa) IMO regional efforts -The Djibouti Code of Conduct concerning the repression of piracy and armed robbery against ships

4. International Agencies The United Nations Security Council. Acted under chapter VII of the UN charter to adopt resolutions , 1816, 1846, 1851 and 1897. The Resolutions provide for a legal framework to fight piracy and overcome the legal hurdles found in UNCLOS. Following the resolutions multinational naval forces started patrolling the waters off the coast of Somalia. They include EUNAVFOR, NATO, China, India and Russia among others. The International Maritime Organization has spearheaded many initiatives aimed at enhancing maritime security

5. International Agencies The IMO spearheaded the amendments to the SOLAS Convention that require , Installation of Automatic Identification Systems on ships and Ship Security Alert Systems ( including the Long Range Identification and Tracking) and the implementation of the ISPS code to provide for a standardized way of assessing risks The united Nations Office on Drugs and Crime (UNODC) is targeting capacity building in the regional states to facilitate the prosecution of the suspected pirates. provides financial support and training of personnel involved in prosecution of piracy including judicial officers, prosecutors and the police

6. CONTINENTAL AGENCIES: The African Union The AU has adopted The Abuja Declaration on Maritime Transport and the African Maritime Transport Charter. The Charter puts a lot of emphasis on co-operative approaches into solving maritime insecurity problems. The Charter calls on members states to update their existing maritime legislations in order to achieve maritime security. The AU remains the best forum to formulate policies to effectively combat piracy and other forms of maritime insecurity in Africa. The AU is well placed to marshal political support and the financial resources necessary to implement the various recommendations on combating maritime insecurity.

7. REGIONAL AGENCIES Contact Group on Piracy off the Coast of Somalia (CGPCS) It is an ad hoc international forum where the states and organizations that are fighting piracy can meet and exchange ideas and information. It meets quarterly at the headquarters of the United Nations. CGPCS is divided into four working groups dealing with military coordination, shipping industry awareness, judicial issues and public information. IMO regional efforts - Djibouti Code of Conduct on Piracy It is a regional agreement between 9 states concluded on 29th January 2009 provides a framework for co-operation among the signatory states in combating piracy at the Gulf of Aden. The Code establishes three information centers in Mombasa, Dare- salaam and Sanaa . Code calls on the signatory states to establish national focal points for exchange and co-ordination of information.

8. REGIONAL AGENCIES Maritime Organization of West and Central Africa. (MOWCA) MOWCA is an intergovernmental regional body mandated to regulate maritime affairs. It was established in 1975 under the Abidjan Charter and comprises of 25 states from West and Central Africa In July 2008 MOWCA member states signed a Memorandum of Understanding for the establishment of an integrated sub regional coast guard network . The MOU recognizes that in the absence of a regional integration scheme, maritime conventions impose costly obligations in each West and Central African State in so far as each State develops its own regulatory framework, sets up its own shore installations and brings into service its own coastguard network.

9. REGIONAL AGENCIES Maritime Rescue and Co-ordination Centres. (MRCC) These Centres are established under the provisions of the International Convention on Maritime Search and Rescue of 1979. (SAR Convention) The MRCC were initially designed to assist in rescue operations in case of accidents but due to the heightened violence from piracy the IMO in 2003 adopted a resolution that would facilitate the use of the MRCC�s for purposes of fostering security. Currently there are four operational MRCCs; Mombasa, Cape town, Lagos and Monrovia. The MRCCs are to be supported by 26 sub regional centres. Most of them have not been established.

10. REGIONAL AGENCIES Maritime Security Centre ( Horn of Africa) The Maritime Security Centre (Horn of Africa MSCHOA) is a co-ordination centre run by the EU Naval force and aims at safeguarding merchant ships throughout the region of the Gulf of Aden, the Somali basin and off the Horn of Africa. The centre is manned by military and merchant navy personnel from various countries. It provides 24 hour manned monitoring of vessels transiting through the Gulf of Aden. using an interactive website the Centre communicates the latest anti-piracy guidance for shipping companies and operators

11. CHALLENGES FACING INTERAGENCY OPERATIONS Generally, institutions are keen to keep their identities and efforts to coordinate them may be hampered by deep seated institutional rivalry Lack of interoperability also presents a challenge to effective interagency cooperation. Agencies may have systems, machinery and procedures that are not compatible with each other. Conflicting priorities; different agencies may have different priorities and different approaches to solving a common problem and reconciling them may prove very difficult.

12. CHALLENGES FACING INTERAGENCY OPERATIONS Weak legislative and administrative frameworks In Tanzania the law does not criminalize piracy Kenya is undertaking prosecution of suspected pirates under bilateral agreements with western maritime states. The agreements are vague on the sharing of burdens and responsibilities of the state parties and do not have an indemnity clause in case Kenya incurs civil liability for wrongful prosecution. The agreements are not founded on any international legal instrument and as such have no basis of enforcement in the national laws of the state parties. Most states have not domesticated international agreements and conventions

13. CHALLENGES FACING INTERAGENCY OPERATIONS Lack of adequate skilled personnel, training institutions and lack of adequate equipment. Combating maritime insecurity is a complex and costly process which requires sophisticated equipment. Since the 1980�s the equipment available to fight maritime insecurity has been on the decline. African states are not investing sufficient funds to enhance maritime security. law enforcement officers, prosecutors and judicial officers lack sufficient capacity to deal with maritime offences.

14. CHALLENGES FACING INTERAGENCY OPERATIONS Lack of leadership A large number of agencies are involved in combating piracy. There is neither a formal central command nor leadership structure. Agencies cooperate on an ad hoc basis. The situation may fuel a show of might by the different agencies (naval forces) which may distort the whole operation.

15. CHALLENGES FACING INTERAGENCY OPERATIONS Mismatch of Roles of Navy and Coast Guards Piracy is an issue of law enforcement that needs collaboration with many civilian authorities. This role would be best fulfilled through a specially trained coast guard within a proper legislative framework. military efforts off the coast of Somali/Gulf of Aden only address piracy at the end point rather than addressing its root causes which are found in Somali mainland/hinterland. Navies should be restricted to the performance of defence and diplomatic functions.

16. CHALLENGES FACING INTERAGENCY OPERATIONS Weak and Inefficient Judicial Institutions The judiciary plays significant role in the fight against maritime insecurity. Suspected pirates have to be taken through due process of law before any sanctions are imposed on them. Western maritime states are reluctant to prosecute suspected pirates. Regionally only Kenya and Seychelles have agreed to prosecute suspected pirates. Kenya judicial system is overwhelmed with approximately 800 cases pending. In March 2010, Kenya declined to receive suspected pirates arrested by western naval forces Lack of effective judicial forum has led to �catch and release� phenomenon.

17. Way forward The solution to the maritime insecurity off the coast of Africa lies in the implementation of a long term strategy that involves: formulation of a sound maritime policy at the continental level; Enactment of appropriate laws at the national level; Continuous capacity building of institutions and agencies at the national level; Effective coordination and collaboration by states at the regional levels; and Efficient collaboration with the rest of the international community.

18. Way forward Root causes of maritime insecurity must be addressed. Various agencies must address the challenges facing them that contribute to increase in cases of maritime insecurity . Most African states do not have properly functioning coast guards and the role of coast guards is played by the National Navies. There is a need to establish coast guards which should then be given specific training on maritime security issues There is an inadequate capacity in terms of personnel in most African countries. This calls for increase in the budgetary allocation for training. There is also a need to have an increased staff exchange and collaboration in training on security matters from different countries.

19. Way forward African states conducting prosecution of pirates under MOUs with other states must appreciate the potential legal liabilities that they may be exposed to without a proper legal framework for such agreements. The AU may consider developing a model agreement that may be used for such cooperation. African states must ensure that international agreements on maritime security are domesticated. There is a need to marshal sufficient political goodwill in all African states in support of anti piracy operations. The AU is a perfect forum to marshal the required political goodwill and mobilize required resources.

20. The End Thank you for your attention