Weekly Pirate Activity Update - 26 Aug

Pirates in Court 

A Somali man was sentenced to life in prison on Monday for his role in the hijacking of a yacht off the coast of Africa that left all four Americans on board dead, telling a federal judge that he never meant for anyone to get hurt. “I’d like to express my regret and sorrow to the victims’ families,” Ali Abdi Mohamed said through an interpreter, reports Navy Times. Mohamed is the first of 11 men who have pleaded guilty to piracy in the case to be sentenced. Each of the men face mandatory life sentences, although that could eventually be reduced as part of a plea deal with federal prosecutors. A second Somali was expected to be sentenced later in the day. Mohamed told prosecutors he was ordered to fire a rocket propelled grenade at the American warships to keep them away from the Quest. Court documents say that in doing so, he inadvertently killed one of the pirates who was standing too close behind him. Shortly after the RPG was fired, gun fire erupted aboard the yacht. Court records say three of the men shot at the Americans and that stray bullets they had fired killed another pirate. Mohamed said he and another pirate rushed downstairs to where the Americans were being held to wrestle the weapons of the shooters away and to get them to stop shooting, but it was too late. Mohamed said that even though he didn’t shoot the Americans, he hopes their families will forgive him. None of the victims’ family members were present Monday, but they sent in numerous letters saying that their loss has been devastating. District Judge Mark Davis said that by all accounts, the victims lived lives filled with “service and with kindness to those they encountered.” 

AFP reports that a US court on Monday handed life sentences to two Somali men over an attack that killed four Americans on a hijacked yacht, with authorities vowing to send a tough message on piracy. The life sentences to Ali Abdi Mohamed, 30 (above), and Burhan Abdirahman Yusuf, 31, were the first delivered over the February deaths. Both pleaded guilty; 12 more men await sentencing, including three who face the death penalty. US prosecutors pledged that the case would serve as a lesson for Somalia's pirates, who have created a virtual industry based on hijackings and ransom payments in the strategic waters next to their lawless homeland. The sentences "will be heard throughout the pirate community -- and should send a clear message -- that the days of unbridled armed robbery and extortion at sea are over," said Janice Fedarcyk, assistant director-in-charge of the Federal Bureau of Investigation's New York field office. "The only plunder these pirates earned is life behind bars," she said in a statement announcing the sentences, handed by a federal judge in the major naval hub of Norfolk, Virginia. A South Korean appeals court upheld a previous ruling and demanded the death penalty for a Somali pirate convicted of attempted murder of a South Korean captain on a hijacked ship, Samho Jewelry, local reports said Monday, according to People's Daily Online. 

The Busan High Court sentenced Mahomed Arai, 21, to death for shooting Seok Hae-kyun, captain of a South Korean-operated ship that was hijacked in the Arabian Sea in January. Earlier this month, the court demanded life sentence for four other Somali pirates, overturning the lower court decision that had handed down prison terms of 13 to 15 years on them. The pirates were captured when South Korean naval commandos stormed the hijacked ship, killing eight pirates and rescuing all 21 crew members. The trial of the five pirates marked the country's first trial of foreign pirates. South Korea has not executed a death row inmate since 1997.

Late last year, a pirate trial began in Hamburg for the first time in 400 years. Ten Somali men, some of them under 18, were brought to Germany on board a Dutch warship, and handed over to German authorities. They were caught red-handed last April, 500 miles off the Horn of Africa, in the act of hijacking the Taipan, a cargo ship owned by a Hamburg-based shipping company.

Their trial is complex and still ongoing, but other countries have already begun sentencing Somalis convicted of hijacking their ships. Altogether, around 1,000 pirates are currently on trial or in prison around the world, and navies have stepped up the force with which they are protecting their shipping interests. In Germany, meanwhile, more and more shipping companies are relying on private security – occasionally armed guards, writes Ben Knight for Deutsche Welle. But the increased violence and tough sentencing does not seem to be an effective deterrent, with pirate attacks rising once again last year.

On top of the vast rewards, there was the fact that Somalis had little to lose. "It's a failed state where it's difficult to survive at all," Mathias Weber, a political scientist who has been writing and studying the East African region for over 20 years, points out. 

"People don't really have any other way of making much money. And the country is ruled by violence anyway - people are used to taking risks." "After a while, they upgraded, re-investing the ransom money in speedboats, GPS systems and weapons," says Weber. "Eventually they had mother ships off the coast where they could spend several days at sea, which further expanded their range of operations." 

It's true that Operation Atalanta has been able to report a certain amount of success – while the number of pirate attacks has increased, a smaller proportion have been successful. "The pirates are becoming more violent too," Weber adds. "They know now that there are armed guards and they may be attacked, which didn't used to be the case. So things tend to escalate. Also the pirates have found ways to get into the panic rooms that some ships had installed." 

Another exacerbating factor is that even when pirates are caught, countries are often reluctant to take them into custody. Weber estimates that as many as 80 percent of pirates are released once the ship has been reclaimed, simply because authorities don't want to deal with the cost of collecting evidence and holding a trial. 

"Plus, if they get brought to Europe there's a good chance that they'll apply for asylum, and countries won't be able to get them off their hands," says Weber. 

That's why the idea of an international piracy court is currently under discussion in the United Nations. But Roger Middleton, consultant for the Africa Program at the Chatham House think tank, is unconvinced such a move would make much difference. "The legal framework exists for pirates to be tried by nations that arrest them," he told Deutsche Welle. "The problem there is a political one not a legal one. Secondly, international tribunals have generally been reserved for issues of really serious concern - war crimes, genocide and so on - I don't think anyone would argue that piracy falls in those categories."

But the issue is also one of practicality – bringing prisoners all the way to the countries where the ship they hijacked happened to be from is costly and time-consuming. "It is important that people who engage in piracy can be tried," admits Middleton. "And if the only practical way to do it is by a UN court, perhaps that can be pursued." As far as Weber is concerned, the UN court is essential. But he says that other measures are just as important, including stopping illegal fishing and stopping the illegal dumping of toxic waste on the Somali coast. And, most of all, peace and order need to be brought to Somalia.

Private Security

Germany plans to lobby other European Union countries to allow the deployment of private armed guards on their merchant ships in high-risk areas as a piracy crisis escalates, ministry officials said, according to Reuters Africa (corrected version). But analysts said the initiative was likely to face legal and practical difficulties. Somali piracy is costing the world economy billions of dollars a year, and international navies are stretched to combat the menace in the Indian Ocean due to the vast distances involved. In desperation, more shipping companies are considering deploying private armed guards on their vessels. The German government is looking into changing the country's weapons laws to allow security personnel to bear firearms on ships in high-risk areas. It could also certify those private security companies that could be used on merchant vessels, a government official said. "Our goal is to develop a coordinated approach to be presented at the International Maritime Organization (IMO) meeting in September, and EU governments are the main partners to bring on board," said Jan Gerd Becker-Schwering with the German economy ministry. "To go this alone would not be beneficial." The European Union said allowing private armed guards on merchant vessels was a decision to be made on a national level, adding that ships should have best management practices (BMP) in place, including measures to prevent pirates from getting on board and to protect crew members. "The implementation and execution of these BMPs, however, is the responsibility of the ship owners," an EU spokesman said. "These private security contractors operate under the law of the flag state." J. Peter Pham, with the Atlantic Council think tank, said the German plan could encounter legal setbacks, both domestically and abroad. "Despite the apparent reasonableness of the German proposal, it will face several hurdles," Pham said. "It needs to pass both houses of the German parliament, where there will be opposition from the left, which tends to look askance on (what politicians tend to view as) mercenaries." Pham said it could prove difficult to convince foreign port authorities to allow armed groups into harbours. "Even if Chancellor (Angela) Merkel's government gets the necessary laws enacted, it will be an uphill battle to convince the authorities in ports to allow the security teams in, much less to get other countries, especially in Europe, to follow." International Chamber of Shipping Secretary General Peter Hinchliffe said the German plan was helpful in setting a precedent for approving armed guards in flags where they were not currently allowed. "But it must not create a mechanism for governments to abrogate their responsibility under UNCLOS to protect trade routes," he said, referring to an international convention that tasks nation states with tackling piracy on the high seas. German ship owners' association VDR said private armed guards were a "second-best solution" to deploying police or military forces. The German government has ruled this out.

Economics of Piracy

Piracy is threatening the UAE’s coastal economy as attacks are being staged following a brazen and successful ship hijacking outside Salalah Port in Oman.

The Fairchem Bogey, managed by Anglo-Eastern Ship Management, based in Mumbai, was seized on Saturday as it was awaiting berthing instructions. All 21 Indian sailors on board were taken hostage. Tim Stear, the global head of maritime security for control risks based in Dubai, said attacks off the coast of Oman could endanger the gulf maritime industry, which includes cruise ships, superyachts and marine transportation. “A year ago there was a view that you could sail into the Arabian Gulf without having to encounter problems if you were coming from the Maldives, for example,” he said. “But it has all brought it home now that this is not an ‘off the coast of Somalia’ problem. This is also an Arabian Sea problem.” The attack on a ship so close to the Omani coast and in the Sultanate’s coastal waters is one of the most audacious raids on a maritime vessel and a sign that hijackers are becoming more daring, even as intergovernmental task forces have deployed navies to protect the vital shipping corridor off the Somali coast. “Whether it is off the coast of Oman or somewhere else, we are appalled at this terrible situation,” said Keith Nuttall, the group commercial manager of Gulftainer, the Sharjah ports operator, who noted that there were currently hundreds of seafarers in Somalia on captured ships. “I know it is a complex issue, and that many navies of the world are working on combating this, but it is still a depressing state of affairs.” The scourge of piracy has huge potential to disrupt the region’s maritime industry. The Gulf is a crucial body of water for the transportation of the region’s oil wealth, with nearly 40 per cent of the world’s traded oil supply passing through the Strait of Hormuz. In addition, the region has a growing cruise line industry and has stated its ambitions to be a global destination for sailing competitions. Ras Al Khaimah narrowly missed out on becoming the location for the America’s Cup race last year because of a legal dispute between the two competitors, but it was piracy that was behind the decision last week to abandon plans for the Volvo Ocean Race to sail directly to the Gulf from South Africa - Cowesonline. 

Veesham Shipping, based in Dubai, which owns oil tankers and ships that transports cars and trucks, has fallen victim to several hijackings over the years, including an attack from Somali pirates as well as a more recent incident off the coast of Nigeria. Much of its work focuses on Africa, including carrying humanitarian goods to the more secure southern area of Somalia. The attacks and the persistent threat of more incidents has caused a great deal of personal anguish for Ajay Kumar Bhatia, the owner of Veesham. “We always sleep in fear when we put vessels in that area,” he said. The financial implications are just as worrying. Insurance companies often require companies such as Veesham to hire security guards on board. A journey to Africa could cost more than US$80,000 (Dh293,836) in insurance and security costs alone, Mr Bhatia said - The National. 

Piracy attacks are on the rise, costing ocean shipping companies more each year. Insurance premiums are very high for ocean carriers right now, so they have to pass on the cost to shippers. The cost of importing goods from Southeast Asia and shipments coming through the Suez Canal from the Indian subcontinent are expected to rise. Costs are expected to mainly affect shippers from the United States and Europe, says Lilly & Associates Ocean Shipping Blog.

War-risk and kidnap-and-ransom insurance premiums have risen 20 percent since January 2011. Attacks in the Indian Ocean are high and insurance companies serving ocean carriers have expanded the risk zones from 150 to 200 miles off the coast of Somalia, almost all the way to the coast of India. This area covers almost one thousand miles. Pirates have started taking over ocean liners and using them as a base for more attacks in the Indian Ocean. Maersk Line has already been charging an “emergency risk surcharge” for shipments going through the war risk zones. They are increasing this surcharge now because they expect their war-risk and kidnap-and-ransom risk insurance premiums to double in 2011. These charges are being passed on for container shipment through the Gulf of Aden and the Indian Ocean.

Maersk reports that their prices will increase from between $100 and $400 per 40-foot equivalent unit to between $200 and $500 per 40-foot equivalent unit. Erik Rabjerg Nielsen, division head of daily operations at Maersk, says that Maersk expects their total anti-piracy costs to rise from $100 million per year to $200 million per year. Maersk makes around 2,000 trips per year across this dangerous area. They believe that new, bigger ships are much harder to invade, but that doesn’t mean that the cost will go down. “We have larger ships with more capacity, which isn’t needed, and that costs money. As a consequence, our capacity utilization on these routes is very low,” Nielsen said. 

According to an article on The Journal of Commerce web site, Maersk “recently hired a former army major as antipiracy chief in an effort to develop a stronger strategy and lobby competitors and politicians for a tougher international stance on piracy.” Nielsen states that “piracy is bad for the shipping industry, it’s bad for global trade, and it’s important that politicians and all involved take a larger responsibility now to try to put an end to it,” writes Nelson R. Cabrera, the Business Development Manager of Lilly & Associates International. 

West Africa Piracy

Ghana, on Monday, moved a step further to tighten its maritime security which has been fraught with many challenges since the country gained independence, by introducing three new Amendment Bills on the floor of Parliament for consideration, reports Modern Ghana.

One of the Bills, Ghana Maritime Security (Amendment) Bill, 2011 seeks to provide security for mobile offshore and onshore installation units, now that the country has discovered oil and gas in commercial quantities. The third bill, the Ghana Shipping (Amendment) Bill, 2011, seeks to extend the scope of application, by amending the definition of Ghanaian waters to include the waters within the 500 miles safety zone generated authority, and also introduce administrative mechanisms for the publication of information such as maritime safety for the purpose of disseminating critical information to enhance the maritime industry, and the public at large. 

The new bills, according to movers of the motion, when passed into Acts, would position Ghana as the hub of maritime business in the sub-region, since it would afford the Ghana Maritime Authority to adequately fund its activities, whilst creating a serene marine environment devoid of piracy and armed robbery for players in the industry. With the discovery of oil and gas in commercial quantities, Ghana stands the risk of being a target of pirates, and a victim of other unscrupulous deals in the maritime industry. Administrative challenges, coupled with inadequate logistics and human capacity, has been a source of worry for the Ghana Maritime Authority over the years. The difficulty encountered in coordinating anti-piracy measures in the Gulf of Guinea region was highlighted when cross-national boundaries was registered as a key concern at the conference held in London this week: Combating Piracy: West African Maritime Security.

Call to Arms & Action

The third Singapore Armed Forces (SAF) task group has set sail for the Gulf of Aden in support of international counter-piracy efforts there. Led by Senior Lieutenant-Colonel Richard Lim, Commanding Officer of 191 Squadron, the 229-strong task group also comprises a Republic of Singapore Navy Landing Ship Tank, RSS Endeavour, with two Republic of Singapore Air Force (RSAF) Super Puma helicopters on board. The group will operate under the multi-national Combined Task Force 151 during its three-month deployment. 

Yemen Coastguard foiled an attempt to hijack a Yemeni oil tanker by Somali pirates in the Gulf of Aden, said the coastguard on Wednesday. Great Britain and the United States have helped form a 40-ship coast guard for Yemen. The force was meant to protect against both Al Qaida and Somali piracy attacks in the Red Sea and Arabian Sea. Officials said the Yemen Coast Guard has been working with an international force to protect commercial shipping through the Gulf of Aden, reports World Tribune.

A coastal defense commander told reporters that a naval force patrol had detected the attempt on Tuesday and intervened to prevent the hijacking. The oil tanker continued on its way to the Port of Aden, he said, according to Kuwait News Agency KUNA. "The naval forces and coastal defense forces are vigilantly protecting all Yemeni territorial waters and attempts to intercept navigation shall not be tolerated... Our forces are running round-the-clock patrols to detect any pirate ships and fishing vessels that enter our waters without permission," the commander said. Where There's Blame There is nothing swashbuckling about Somali piracy. The pirates are not romantic anti-heroes with a parrot on their shoulder. Instead, they are recognized as lawless, dangerous criminals who roam East Africa’s waters terrorizing the shipping industry.

The direct impact of the criminality off the Somalia coastline is being felt on the mainland, where critical food aid is not getting through to famine-struck Somalis because 80 to 90 percent of humanitarian relief arrives by sea, according to a recent report by the African Development Bank (AfDB), writes Robyn Curnow for CNN. Few ships and aid organizations are willing to take the risks involved in delivering tons of food aid, says the AfDB report. Owners and aid workers fear the ships will be seized and crews kidnapped for ransom. For now, despite the dangers, some humanitarian agencies still operate, often with protection from NATO warships.

The critical needs of feeding Somalis today, as well as the long-term implications of creating a sustainable agriculture sector, are often discussed by political scientists and economists. What to do about the state of anarchy in the failed state that is Somalia? It is a question that has been debated for many years now, and I fear is not about to be imminently solved, even as African Union troops continue to do a brave job in defending Mogadishu against Al-Shabaab militias. The issue of piracy, though, is not a purely hopeless problem, because its roots lie in the collapse of the fishing industry in Somalia. The new “industry” was quickly co-opted by the Somali warlords and is now an organized, hierarchical gang-like operation.

However, the AfDB and other observers still point to the many ships that continue to fish illegally in East African waters. There is concern that this root cause of the Somali piracy issue has been badly managed by the international community. For example, NATO warships that police the passageway of the Gulf of Aden are not tasked with shutting down these offshore fisheries that continue to operate without jurisdiction, say observers. Allowing fish stocks to replenish, some say, might just mitigate the need for Somalis to earn a living out of piracy. Others say this is just naïve, that the Somali coastline is a dangerous but strategic piece of maritime real estate, which will continue to destabilize the region no matter the state of fishing stocks.

Information Sharing - Data Collection

In the realms of Maritime Domain Awareness, threat and risk assessments are the foundation of security, but needs accuracy, completeness and trustworthiness, not just compliance, to be truly useful and effective, writes Allan McDougall of Evolutionary Security Management and IAMSP.

Seafarers Plight

Somali pirates holding the Algeria-flagged MV Blida and its crew of 27 sailors (17 Algerians, six Ukrainians, two Filipinos, one Jordanian and Indonesian), demanded a ransom of $7 million of the owner of the ship which have been held hostage since 1 January 2011. The pirates threatened to kill the hostages if the money is not paid and in response to the statement by the Algerian Justice Minister that the government would not pay any ransom, says Somalia Report. Negotiations are ongoing with the owners, but the pirates have stated they are not satisfied with the offer. The ship was hijacked on 1 January 2011 to approximately 130 nautical miles Southeast of Salalah, Oman, when she was en route to Dar es Salaam coming from Salalah in Oman.

And finally...