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Tackling Piracy and Armed Robbery - Slide 1

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									Tackling Piracy and Armed Robbery:
 From the Shipowners’ Perspective



           Minerva Alfonso
         UK Regional Manager
       Singapore, 5 November 2007
            International Association of
           Independent Tanker Owners
                Membership

• 250 + members representing > 80% of the
  independent oil tanker fleet and > 85% of
  the chemical carrier fleet, with strict
  membership criteria

• 300 + associate members in oil and
  chemical tanker related businesses
 Associate Members
    Committee
                        ORGANISATION                         Safety, Technical &
                                                               Environmental
                                                             Committee (ISTEC)

    Bunker Sub-
                                                                IT Committee
     Committee
                                  Annual General
  Chemical Tanker
                                     Meeting                   Offshore Tanker
  Committee (CTC)                                                Committee
                                      Council
Chemical Tanker Sub-                                          Short Sea Tanker
Committee Americas                                                 Group
                                    Executive
  Human Element
                                    Committee
                                                              Vetting Committee
    Committee
                                   Management
   Documentary
                                    Committee
                                                            Worldscale Committee
    Committee


   Environmental        Shipowner Issues       Q-Quest      ASIAN REGIONAL PANEL
    Committee            Sub-Committee      Sub-Committee
                                                            HELLENIC FORUM

 Insurance & Legal
                       14 issue driven Committees           LATIN AMERICAN PANEL
                                                            NORTH AMERICAN PANEL
    Committee                       &
                            4 Regional Panels
            INTERTANKO Services


• INTERTANKO represents and promotes the
  interests of responsible oil and chemical
  tanker owners worldwide

• provides members with technical,
  operational, legal, documentary and other
  support services, information and advice
ISSUE OF PIRACY AND
  ARMED ROBBERY
           Roundtable of International
             Shipping Associations


BIMCO, International Chamber of Shipping
  (ICS), INTERCARGO and INTERTANKO



The Roundtable represents the entire
 merchant shipping industry worldwide
               Roundtable Position

• Issue of piracy and armed robbery has been
  a recurring theme on the agendas of the
  international associations for a number of
  years

ROUNDTABLE POSITION:
It is unacceptable that merchant ships and
   merchant seamen should be subjected to
   armed attacks at sea in the 21st century.
                   Major concern



• Extremely grave threat to the lives of the
  crews and the safe operation of ships

• Not only are the attacks on an upward trend,
  but the level of violence has also
  significantly increased
                    IMB 3Q 2007

• 3Q2007 IMB report overall increase of 14%
  in the total number of attacks
• Severity of attacks at its worst this year with
  63 crew being kidnapped for ransom and
  172 seafarers were taken as hostage
• Most of these incidents occurred in Nigerian
  and Somalian waters
• One-third of the 198 attacks on ships in the
  period under review were on tankers
                  Piracy Trends


• When looking at trends from various sources
  like ReCAAP, IMO and the IMB reports one
  thing became evident:

• More and more of the incidents occur in
         TERRITORIAL WATERS
    Industry Solutions at Micro Level



This will involve actions and preventive
measures being taken by shipowners and
          their crew on each ship
               Actions by seafarers

• Be vigilant
• Reduce opportunities for theft
• Secure Restricted Areas at all times and
  establish safe secure area(s)
• Maintain, exercise and regularly review your
  Ship Counter-piracy Plan
• Report all incidents to the coastal and Flag
  State authorities
                  Actions by Seafarers

                The Counter-piracy Plan
•   The need for enhanced watch keeping; use of
    lighting and surveillance, detection or perimeter
    protection equipment
•   Crew responses if a potential attack is detected or
    an attack is underway
•   The radio and alarm procedures to be followed
•   The reports that should be made after an attack, or
    an attempted attack
•   Training to ensure crew react consistently to an
    incident
       Industry Solutions at Macro Level

• The industry has issued its own guidance for
  merchant ships to protect themselves
  against attacks whether in territorial waters
  or on the high seas
• Urged relevant coastal states to take
  effective action against attacks on merchant
  shipping in their territorial waters
• Strong support to the IMO in its efforts to
  tackle the problem at inter-governmental
  level
      Solutions: Involvement by Governments

The Regional Cooperation Agreement on
 Combating Piracy and Armed Robbery
 against Ships in Asia (ReCAAP)

The Integrated Coast Guard Network of the
 Maritime Organisation for West and Central
 Africa (MOWCA)
      Solutions: Involvement by Governments

• Combined Joint Task Force Horn of Africa
  (CJTF HOA) Operations

• IMO Secretary-General’s initiative to
  approach the UN Security Council to seek
  the agreement of the transitional
  government of Somalia to allow foreign
  warships and “ships in government service”
  to enter Somali’s territorial water to pursue
  pirates and armed robbers
                   3 Key Aspects

• Very complex economic and political internal
  challenges for countries on the top of the list
  of hotspot areas
• Capturing perpetrators – major challenge,
  Art. 111 UNCLOS Right of Hot Pursuit; lack
  of cooperation between some regional
  governments; and lack of resources
• Loopholes in the international legal
  framework that undermines the effective
  prosecution of perpetrators
        International law and Maritime Zones

Under international law, the rights and
  obligations of states with respect to attacks
  against ships are dependent upon where
  the attack took place

a) High seas / EEZ
b) Territorial waters
             International Treaties

Geneva Convention on the High Seas of 1958
 and repeated in the UN Convention on the
  Law of the Sea of 1982 Piracy (UNCLOS)

    One of the major deficiencies of the
     international rules concerning the
 suppression of piracy is its narrow definition
          of piracy under Art. 101
       UNCLOS Article 101 Definition of piracy

In order to be considered an act of piracy the
    following 5 elements should be fulfilled:

1. Illegal act of violence such as robbery, murder,
   assault, rape

2. Motivated by private gains

3. Committed by persons on board a private ship

4. Directed against another vessel

5. High seas or outside any States jurisdictions
                UNCLOS Limitations


• 2 ships rule – attacks by crews / stowaways
  not included
• Motivated by private gains – political terrorist
  type attacks not covered
• Most attacks happen in territorial waters;
  therefore acts are not punishable under Art
  105.
• Article 111. The Right of Hot Pursuit ends
  when the fleeing vessel enters its own or a
  third state’s territorial waters
Jurisdiction in the Malacca and Singapore Straits
                   SUA Convention
• Italian cruise liner Achille Lauro 7 Oct 1985
• 4 armed Palestinian militants (PLF) hijacked the
  ship and demanded the release of 50 Palestinian
  prisoners held in Israel (not motivated by private
  gains and therefore not covered by UNCLOS)
• The gunmen killed a Jewish- American passenger
  (2 ships rule not fulfilled)
• In Egyptian waters (UNCLOS Art. 101 piracy
  definition only applicable to high seas attack)
• Led to the promulgation of the SUA Convention
  (Suppression of Unlawful Acts Against the Safety
  of Maritime Navigation) or more commonly known
  as the Rome Convention convention in order fill
  the gaps left by UNCLOS.
           Limitations of the SUA Convention


• Only applicable within the jurisdiction of
  States party to it

• the decision by the parties to enforce the
  Rome Convention is ultimately discretionary

•     The Convention does not provide for any
    sanctions against parties who fail to fulfil
    their treaty obligations
              Territorial Waters




 Within territorial waters, jurisdiction over
armed robbers rests solely with the Coastal
                     State
                   IMO MSC



The Committee reiterates its request for
 Member States to provide reports to the IMO
 on action taken by their governments
 against incidents reported to have occurred
 in their territorial waters.
                    ISPS Code

IMO FAQ: Will the new security measures
  imposed after 1 July 2004 help reduce the
  armed robbery incidents?
IMO Reply: Logically it should be so. Chapter
  XI-2 includes a regulation addressing threats
  to ships at sea. Thus, at least the
  international framework has been put in
  place to address the matter. Now it is up to
  Governments to implement it.
                    CONCLUSIONS
INTERTANKO is deeply concerned over the trend of
  piracy in the past several years as it constitutes an
  extremely grave threat to the lives of the crews
  and the safe operation of ships.

International agreements (i.e. UNCLOS and 1988
  SUA Convention) that deal with piracy and other
  acts of maritime violence seem inadequate as a
  legal basis to protect our crews and ships from
  such acts.

One of the major deficiencies of the international
 rules under the Geneva Convention and UNCLOS
 is their narrow definition of piracy.
                 CONCLUSIONS

The lack of ratification of the SUA Treaties by
 countries as well as the lack of proper
 implementation of these treaties by some
 party states, mean that the agreement is
 virtually inapplicable in some areas, and
 some attacks may go unpunished.

Governments need to step up its efforts to
 crack down on armed robbery incidents in
 their territorial waters
                CONCLUSIONS




  I hope my presentation highlighted the
 vulnerability of our seafarers to the hostile
acts of opportunistic pirates. It is really up to
     us working ashore to support them.
        THANK YOU

    www.intertanko.com
www.themaritimefoundation.com
   www.shippingfacts.com

								
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