Robert Beckman Director, Center for International Law National University of Singapore

1. Expert Roundtable on Maritime Security in South East Asia Brussels, 7 May 2011Maritime Security in the Straits of Malacca & Singapore / Role of Private Sector Robert Beckman Director, Center for International Law National University of Singapore

2. ASEAN Member Countries

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8. TSS in Singapore Strait

9. Importance of the Straits 50% of world’s oil supply carried by sea 30% of world’s commerce 90,000 vessels over 100 tonnes / year 23,000 oil tankers per year 4,000 LPG/LNG carriers per year Rich in fishing grounds, mangroves, coral reefs and marine biological diversity

10. Sovereignty & Jurisdiction Legal position of straits under UNCLOS is a major concern of Indonesia and Malaysia Southern half of Malacca Strait, all of Singapore Strait are under the sovereignty of littoral States “Piracy” rules do not apply in Straits No foreign warships can board ships in territorial sea or archipelagic waters without express consent of coastal State

11. Cooperation of Littoral States • Three littoral States have been cooperating since the early 1970s through Tripartite Technical Experts Group (TTEG) • Two straits administered as a single Strait • Straits are governed by Part III of UNCLOS • Measures to enhance safety of navigation are submitted by the 3 States to the IMO : • Traffic Separation Scheme • Under keel clearance requirement • Mandatory ship reporting scheme

12. Maritime Security after 2001 • Increase in attacks on ships after September 11, 2001 attack in US • Concern over threat of maritime terrorism and proliferation of WMD • Security of shipping in Straits became issue of major concern • Declared “war risk” area by Lloyds • No credible link found between increased attacks & terrorist groups

13. 2007 Cooperative Mechanism In 2004 IMO Secretary-General led an initiative to enhance safety, security and environmental protection in Straits of Malacca and Singapore Adopted in 2007 after 3 years of negotiations but limited to safety and environmental protection – not security Cooperation Mechanism is the first scheme to implement article 43 of UNCLOS

14. 2007 Cooperative Mechanism Reaffirms sovereignty and jurisdiction of the littoral States & their primary responsibility for safety and environment Consistent with international law & UNCLOS Within framework of Tripartite Technical Experts Group (TTEG) Recognizes interests of users & other stakeholders Cooperation with users & other stakeholders is on a voluntary basis

15. 2007 Cooperative Mechanism Cooperation Forum – platform for dialogue Project Coordination Committee – 6 projects with contributions from Australia, China, EC, Germany, India, Japan, Korea and USA Aids to Navigation Fund – over US$ 9 million China, Japan, Korea, Saudi Arabia, UAE, Malacca Straits Council, Nippon Foundation & MENAS IMO Malacca & Singapore Straits Trust Fund – US$ 1.86 million - China, Greece, Germany, Norway and European Commission

16. Private Sector & Coop Mechanism • Japanese NGOs proposed that private shipping companies contribute to the Aids to Navigation Fund • Only shipping organizations from Japan have made direct contributions • IMO “Roundtable” of shipping organizations have encouraged MENAS to contribute and have participated in Cooperation Forum

17. Decline in “piracy” attacks by 2008 Decrease in attacks by 2008: Indonesia: from 93 in 2004 to 28 in 2008 Malacca Strait: from 37 in 2004 to 2 in 2008 3 Hijacking incidents and one Hostage-taking incident in 2008

18. Reasons for decline in attacks Enhanced Coordinated Sea Patrols from 2004 Dec 2004 Tsunami and 2005 peace in Aceh “Eye in the Sky” Air Patrols from July 2005 Information sharing between Singapore and Indonesia on Singapore Strait from 2005 Agreement on SOP for Malacca Straits Patrols April 2006 Assistance to Indonesia by US & others ReCAAP Information Sharing Centre, 2004-6

19. “Piracy” in Southeast Asia No evidence that Somali model of hijacking ships and taking crew members for ransom is moving to SE Asia Some transnational crimes involving the hijacking of tug boats by syndicates Best way for user States to cooperate is to provide vessels, equipment & training to the littoral States so they can better secure their own waters States in SE Asia need to update their national legislation on piracy

20. Somali Piracy and ASEAN States Several of the ASEAN States have sent naval vessels to the Gulf of Aden to assist the international efforts to combat piracy Malaysia has recently captured pirates and taken them to Malaysia for prosecution ASEAN States have a special interest in combating Somali piracy because the Philippines and Indonesia supply a significant portion of the world’s seafarers

21. Somali Piracy and ASEAN States • All States also need to update their national legislation on Piracy • All States need to ratify and effectively implement the relevant UN terrorism conventions : • 1988 SUA Convention • 1979 Hostages Convention • 1999 Terrorist Financing Convention • These 3 UN Terrorism conventions can be used to combat Somali piracy

22. Transnational Organized Crime • Some of the piracy and armed robbery against ships in Southeast Asia is a form of transnational organized crime • Same syndicates are involved in various forms of smuggling and other criminal activities • Enhanced cooperation at regional level is necessary, including information sharing on the syndicates and their financing

23. Maritime Security & Private Sector • Usual response of private sector on piracy and other threats to maritime security is that “Governments should do more” • On Somali piracy shipping organizations have worked with the IMO to develop guidelines and best practices • Many of the ships now being hijacked have not followed the Guidelines • Industry has no mechanisms to require compliance or sanction noncompliance

24. Role of Private Sector • One of major problems in combating maritime crimes lies in the ownership and registration of international shipping • Many ships are registered in countries with “open registries” and actual owners are difficult to identify • “Flag States” have exclusive jurisdiction over ships on the high seas but some flag States have little interest in enforcing national or international regulations

25. Responsible Flag States: • Ensure that ships flying their flag comply with international rules & standards • Are ready & willing to prosecute pirates if they attack ships flying their flag • Require their ships to comply with international best practices to prevent piracy • Fully cooperate to provide witnesses and information for prosecutions in other States at their expense

26. Cooperation with Private Sector • Information sharing is essential to combat maritime crimes, especially terrorism • Governments are often unwilling to share information with private sector • Shipping companies sometimes unwilling to report incidents or share information with Governments • New mechanisms must be created which enable the private sector to share information with Governments

27. Protection of Submarine Cables • Submarine cables are critical communications infrastructure as they account for 95% of telecommunications in most countries • There are significant gaps in the existing international legal regime • Governments are beginning to cooperate with industry through the International Cable Protection Committee (ICPC) to develop “best practices” and address the gaps in the legal regime

28. Thanks for Your Attention Robert Beckman Email: cildir@nus.edu.sg Web Page: www.cil.nus.edu.sg