Chege Mbitiru
5 May 2008
Nairobi — Four nations a week today presented the UN Security Council with a draft resolution to combat piracy off the coast of Somalia. The draft, however, sidestepped an issue fundamental to solving the problem: fishing.
The countries are the United States of America, France, Britain and Panama. The latter, and in the past Liberia, is notorious for registering ships-phantoms included-under what is known as "flag of convenience."
The quartet's resolution would authorise other nations' warships to enter Somalia's territorial waters. These ships would use "all necessary means to identify, deter, prevent and repress acts of piracy and armed robbery." Separately, Spain supports creation of a UN force to do the job.
Currently, legal issues inhibit navies in fighting the pirates. Under international law, countries own territorial waters, 12 nautical miles off shore. Under the UN Convention on the Law of the Sea, nations are entitled to 200 nautical miles economic zones.
It happens attacks on territorial waters are robberies, a responsibility of concerned nations. Piracy occurs beyond territorial waters, which nobody polices. Any naval vessel though is free to attack pirates in high seas.
Somali pirates understand some laws of the sea. They claim they are protecting the country's economic zone from foreign exploitation, a big lie. They are in it for ransom. It's big money. Once Somali pirates capture a ship, they sail it into Somalia's territorial waters. Currently, naval forces from many countries patrol the coast of Somalia. However, once a captured ship enters Somalia territorial water, these navies lose the right of "hot pursuit."
Embarrassing situations occur. Last June a US Navy ship attempted to intercept a Danish cargo ship, Danica White, seized by pirates. Once the vessel entered Somalia's territorial waters, the US ship broke chase. Reportedly, the pirates were $1.5 million richer.
The French did away with legal niceties. Once owners of a luxury yacht, Le Ponant, ransomed with a reported $2 million its 30-strong crew, early last month, French helicopters pursued the pirates on land and captured six. They are in a French jail for life.
So far this year, Somali pirates have struck 23 times. That warrants concern, considering the pirates attacked 31 times last year. That's out of step with worldwide trend. Figures from the International Maritime Bureau indicate piracy worldwide picked in 2003 with 445 attacks reported, but dropped to 249 last year.
Annual loss
Somalia's share of what experts consider a $16 billion annual loss to shipping through robbery and piracy is small. However, the country, adjacent to major shipping lanes, is unique.
Unlike other regions prone to maritime robbery and piracy-West African coast, India, Bangladesh, South China Sea, Malacca Straits, Indonesia and Philippine waters, for example-Somalia has had no functioning central government for nearly two decades.
Additionally, warlords who exercise regional control are wont to use pirates to raise cash. No wonder Somalia's ethereal government sought, in February, help from the United Nations to secure its coast.
That's what makes Spain's proposal sensible, although impenetrable patrol of a 3,008-kilometre coastline is no Sunday school. If the quartet is serious, then the draft should incorporate Spain's proposal.
The draft should go farther and authorise the force to end illegal fishing. Captured fishing vessels become pirates' "mother ships" from which the pirates operate speedboats.
That the pirates hire fishing vessels to so act isn't questionable.
The ocean going fishing vessels obtain no licenses from Somalia. As Andrew Mwangura of the Kenyan Seafarer's Association in Mombasa told the BBC, up to 800 fishing vessels operate off Somalia's coast, without licenses.
That, according to Mwangura, costs Somalia $6 million annually.
Were the force Spain proposes to enforce licensing, the United Nations would have additional money for Somalia operations and deprive the pirates a smokescreen.
The nations pushing for action against the pirates should go the whole hog and prove they aren't just concerned with smooth flow of their goods and cheap tuna. Otherwise, they remain hoodwinkers, camouflaging in flowery rhetoric at the United Nations.
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