International initiative to combat Piracy in the Gulf of Aden

 

Gulf countries are facing maritime security threats practicably Emirates exert all possible effort to regain souvrinety on its lands of Abu mosa, and the two tomb islands, through bilateral negotiation or by international jurification. Unfortunately Iran was not responding positively to UAE peaceful efforts, this aggravate the concern of the international community particularly when Iran is threatening to block the strait of Hormoz in the face of International navigation beside the concern related the Iranian Nuclear policy among others.                                                   

Countries in the region of the Gulf of Aden and the Arabian Sea are facing the maritime security in light of pirates threat, three remarks mentioning:

First: There was a remark if the piracy threat still prevail in our region to organise further event on it, the holding of special sessions of United Nation Security Council  and its outcome including presidential statement (1) that come and of this session  indicated that this issue still persist and that " the Security council stress the need for comprehensive response by the international community to repress piracy and tackle its underlying causes for a durable eradication of piracy and armed robbery at sea and illegal activities connected therewith".

 
  1. Statement by the president of the Security Council , 19 Nov2012 Doc.No. S/prst/2012/24

Second: 8 million Euro was paid to Somali pirates last (may 2013) in two instalments to release Danish and Philippine sailors whom pirates kidnapped during the attack of their vessel that was navigating in the Gulf of Aden.

Third:  Piracy threats are extending to reach new regions as we see its challenge in Guinea Bay on the west coast of Africa.

At the escalation of terrorist and piracy acts in the Gulf of Aden and Arabian sea, since the beginning of this century, Yemen effort was to defend its water territories by establishing the cost guards, In this respect we express our gratitude to UAE that provided our cost guards with several boats and by this it was among the first us that supported our cost guard to full fill its duties toward maritime security. Both supports beside other brotherly and friendly countries, extend to Yemen was highly appreciated.

As it is the case in the region that witnessed the wind of change including our country Yemenis now at a transitional period, thanks to GCC initiative supported by permanent members of  UNSC resolution, the country tries to end the civil war and to carry a peaceful transformation  of power according to the mechanism of the GCC initiative and the outcome of the national dialogue, which among it issues the southern issue and as H.E Abd Rabu Hadi the president of Yemen in his recent statement on the occasion of the national day emphasised that  the solution to the southern issue is the basses to solve all other issues of the national dialogue, to fulfill the tasks of the transitional period, and lunch a new stage of stability and prosperity to enable our country to be an active partner to achieve peace and developed regionally and internationally.

 

 

 

 

 

 

 

 

 

 

 

 

 

BACKGROUND OF PIRACY IN THE GULF OF ADEN AND THE ARABIAN SEA

 

Pirates' have been active ever since oceans were used as trade routes.

The piracy has made a huge come back. Since the early 1990s, modern maritime piracy has become one of the major challenges to the existing international law.

One may refer to one of the earliest two terrorist attacks or attempts viz. the USS Cole attack in October 2000 and the Limburg attack in October 2002, that is, one before and the other post 9/11, to attack naval and commercial shipping posed a threat to maritime security.

The terrorists, who attacked USS Cole, used modified explosives, nearly sinking one of the US Navy's most sophisticated warships. The blast left a 40-foot hole in the side of the destroyer, killed 17 American sailors and wounded forty. It took more than a 14 months and cost around US$ 250 million to repair the ship(2).

 

(2) CNN  3rd nov 2000

 

The French registered oil tanker, Limburg, carrying crude oil off the coast of Eastern Yemen of Al-Mukalla, 550 km east of the Capital Sana'a, was crippled and set ablaze in October 2002 in tanker stayed afloat and the fire was eventually put out, but

one sailor was drown when the crew abandoned the burning ship, some 90000 barrels of oil spilled in to the Gulf of Aden.

The Limburg had been chartered by the Malaysian State petroleum company, Petronas. It had loaded about 400000 barrels of crude oil in Saudi Arabia, and was planning to load 1.5 million barrels more in Yemen to ship to a refinery in Malaysia before the attack took place(3).

The subsequent capture of a number of piracy operatives in the Arabian sea, Gulf of Aden and the horn of Africa, and the investigation of the attacks of USS Cole and the Limburg, uncovered detailed training and procedure of planning liked to the terrorists and pirates networks specially designed to target maritime security. Although the arrest of some significant planner and operatives by Yemeni authorities and putting them into trial was seen as a setback to terrorists, the investigation revealed a terrorist network that was larger than previously thought and still capable of carrying out bombing and other  attack against maritime target(4).

 (3)  Washington post report in IHT, Oct 11 2002

 (4) Associated press November25 2013

 

The Republic of Yemen held trails of those suspected in carrying terrorist acts in its waters. This was part of the Yemen Government's efforts to bring them to justice in the concern of October 2000 attack on USS Cole and the French oil tanker Limburg attack(5).

The two trials held simultaneously, highlighted a lot of facts on the terrorist threat towards the Republic of Yemen and the world over(6).

The Gulf of Aden is one of the most important trading router in the world,. Thousand of ships pass through the Gulf en route to or from the Suez Canal every year. The Us Department of Energy estimated that, as of 2006, as many as 3.3 million barrels of oil per day were transiting the Bab el Mandab strait between the Gulf of Aden and Red Sea.

Foreign navies have begun patrolling the Gulf of Aden to keep away the pirates gangs off the coast of northern Somalia, but they have had only limited success. As a result, ship owner have seen insurance premiums, for coverage of passage through the

 

5- Alwahda, July 7 2004sanaa

6- Yemen  observer, July 2004 sanaa

 

Gulf of Aden, raised from an average of $900 to $9000. Moreover, the fear of pirates has forced companies to seek alternative maritime routes.

It was bad news for shippers, but an opportunity for Blackwater Worldwide, the North Carolina- based private military contractor. The company dispatched the MV MacArthur, a 183-foot vessel with a crew of 14 and helicopter pad, to the Gulf of Aden to provide escort services for ships in need of security( 7).

"Billions of dollars of goods moves through the Gulf of Aden each year," said Bill Matthews, executive vice president of Blackwater Worldwide, in a press release. "WE have been contacted by ship owners who say they need our help in making sure those goods get to their destination safely. The McArthur can help accomplish that."

The pirates aim is to extract ransom payments, and till date. That has been their main focus; however, the possibility that they could destroy shipping is quite high. Large oil tankers pass through the Gulf of Aden and the danger exists that a pirate attack could cause a major oil spill.

(7)  Blackwater  floats private navy to fight pirates, William pentland, forbes.com Oct 2008

 

 

The UN chose the Republic of Yemen to be a regional example to study the experiences of implementing local authorities and decentralization and it chose Aden as one of the important coastal cities to attract investors. The G8 Summit held in USA in June 2004 chose Yemen to be among the coordinators to assert democracy in the Middle East.

A regional centre has been established in Yemen for effective coordination, to combat piracy in the Gulf of Aden and Red Sea involving Yemen, Oman, Somalia, Djibouti, Saudi Arabia, Egypt, Sudan, Jordan, Ethiopia and Eritrea. This Centre will help to exchange information about the threats of piracy to maritime security and will coordinate with the navies of other countries who are present in the Gulf of Aden to help in maritime security according to UN Security Council Resolution, such as the US marines. Marine forces from European Union members, Russia, China, Malaysia, Japan and India, in which, India's role was much appreciated by the media.

Yemen had formed a maritime unit to fight piracy in the Gulf of Aden and the Red Sea. The Yemen Coast Guard had established an anti- piracy unit to battle an increase in piracy in enhance the protection of ships and stop Somali pirates in the Gulf of Aden and Bab Al Mandeb Strait.

 

International piracy that the world faces is a threat to the security of maritime navigation in one of the most important international routes.

The Republic of Yemen's political and economic relations are characterised by its role, which is expressed through its presence on the regional and international level and its understanding to the size of challenges that faces the international community at the present time.

The Republic of Yemen is firm in enhancing stability and security and to combat terrorism and maritime piracy as part of the international effort to achieve all these important tasks.

Many terrorists have been captured and the organization's financial system, communication networks and training camps in Afghanistan disrupted, since the terrorist attack on the US in 2001. In addition, many new security measures to protect maritime trade, containers cargo shipments and their land connection in the global supply chain have been implemented.

The operational capabilities of pirates and terrorists have certainly been a setback. But no one can be sure how serious a blow had been struck or how long these attackers will take to recover and attack again. Their fight is likely to continue for a long time and take many different forms.

The Limburg, a Very Large Crude Carrier (VLCC) laden with 400000 barrels of oil that was set ablaze in a terrorist bombing off the cost of Yemen in October 2002, was not far from the Bab el-Mandab. Closure of the Passage could have kept tanker from the Gulf of Aden from reaching Canal, they would have to divert around the Cape of Good Hope in the Southern tip of Africa. This would add greatly to transit time and cost for oil going to North America and Europe(8).

 

What would happen to insurance rates if pirates and terrorists attacked, or blocked, a major port, straits or waterway used for international trade? The bigger the scale of attacks, the greater the in surface shock would be. There is no insurance for a maritime – related attack; the recovery cost would be unimaginably huge.

 

Pirate attacks, which could use ships to block a busy port, straits or waterways, can cause an increase in insurance rates and make many ships avoid the area.

What the port of Aden suffered in the wake of the terrorist attack on the Limburg in October 2002 is an example. International shipping business due to security fears and an increase in insurance premium reached that high levels faced severe challenges.

 

(8) World transit Checkpoints

Piracy is on of the oldest occupation in the world. It can be traced back to 3000 BC. The word piracy was defined for the first time since 140 years BC when Roman historians used it for the first time. And in the 10th century Europeans defined pirates as Vikings. But England in the middle ages used the term (piracy) which means sea robbery. And in the modern history, piracy expanded with the widening of maritime, particularly with the spread of European ships exploring different places in North and South America, Africa, Asia and even the Far East searching for resources and to spread influence.

Today piracy is on the rise in one of the busiest international maritime trade in the Gulf of Aden; as if it is the golden era of piracy especially off Somali coast. In the last quarter of 20th century modern piracy appeared as one of the biggest challenges that need new security initiatives to be taken by countries of the region and international community.

Piracy has targeted maritime in our region as well as the other spots like Strait of Malacca in south East Asia, threatening maritime trade lines used by more than 50000 ships every year, 15000 of them passing through Gulf of Aden, and about 95% of international trade including oil trade is transported by these ships.

According to (UNCTAD) Organisation Report of 2007 which deals with the considerable increase in size of maritime trade, in the period between 1970 and the year of publication of the Report, the size of transported goods by sea has increased from 2.5 billion tons to 7.5 billion tons annually, and the quantity of oil transported by ships has increased from 1.5 billion tons to 2.5 billion tons annually.

The   international   maritime   office   described  the  current  situation  as  very dangerous.   The D ir e c to r  of  th e  I n te r n a tio n a l    Maritime   office   Mr. Pottengal Mukundan said that the pirates do not hesitate in using arms to control ships and more than 260 ships were attacked; and if suitable measures are not taken there will be real danger to maritime in the Gulf of Aden.

 

The strategic location of Gulf of Aden and lack of    political stability in Somalia made it a base for piracy. One of the most dangerous acts was the capture of Ukrainian ship carrying T-72 tanks and other military equipment, and the capture of oil tanker (Syrous Star) carrying crude oil costing 100 million dollars, the pirates demanded 10 million dollars to release the ship.

 

 

If pirates aim to get ransom through their activities, they are also harming the maritime and sea environment in the Gulf of Aden, which can happen in any face off with pirates when oil leaks into the sea and threaten environment. It also increased the cost of ship insurance which became this year ten times of the previous years.

 

 

And in case ships choose to change their route to South Africa, it will increase the cost of operating ships because this route is longer. And there are accusations that some countries took advantage of Somali Government's fall in 1991 to steal fish resources or burying nuclear waste without any accountability.

 

After the tsunami hit the coasts of the Indian Ocean countries in 2005, hundreds of barrels buried in the sands of these coasts were uncovered, which in turn caused diseases to people as a result of radioactive, with many people dead. Even now these coasts have not been cleaned and dumping of nuclear waste is not stopped, and the affected people and countries have not been compensated.

 

According to some estimates the cost of illegal fishing in the region to be more than

300 million dollars annually. The question is, is the rise of piracy in the countries of the region, particularly Somalia, because of robbing its sea resources and dumping nuclear waste? No doubt that there is a network of interests that has been formed because of piracy. Some of the ransom money which the pirates get, is used in funding purchase of weapons to cause more instability in the region, and some of it goes to pirates through money laundering, and many middle men most of them Somalis who live in many parts of the world from Middle East to the countries of the west where they stay as refugees.

 

Also the recent declaration of Bill Matthews, Vice President of Black Water security organization of the need for helping companies of ship owners to reach its primary destination has its implication that these organizations want to widen their operations in the region.

 

But  the  fact  is  that  piracy  can not  be  fought  without  supporting  a  stable Somali Government able to solve the crisis and develop the country.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE NEED FOR AN INTERNATIONAL INITIATIVE FOR THE MARITIME SECURITY OF INTERNATIONAL NAVIGATION IN THE GULF OF ADEN AND THE ARABIAN SEA

 

The efforts to achieve a regional agreement on combating piracy and armed robbery against ships and vessels require a discussion among the countries and an initiative to promote such an agreement in the seas surrounding the Arab countries.  There are the models of cooperation of governments at the regional level which have been sponsored by the International Maritime Organization.

 

 

Such   a gr e e me nt s    ma y    i nc l u de    v a ri ou s    a r e as    of c oop e ra t i on  li k e  common humanitarian assistance, guidelines for disasters, counter- terrorism and peacekeeping operations. These agreements of cooperation and the measures that have been taken to implement will enable Arab countries to defend the common maritime interests. Moreover r ai si n g  th e  w ork e rs ’  c a p a b il ity  in  t h is f ie l d ,  contributes towards the protection of the territorial waters and common global interests in the Arab region.

The countries bordering the common seashores need to strengthen the security of  their  coasts and cooperate  in the protection of the fish wealth with optimal use. The fish wealth management policies require the cooperation of the Arab countries among themselves and with international organizations which require coordination between the concerned authorities in these countries.

 

 

The protection of sea life and marine environment serves the said measures and require cooperation too between the Arab countries surrounding the seas as well the Coast Guard; which represents another important dimension of the maritime field.

 

 

The impact of global warming and climate change on the Arab countries may have negative effects on coastal populations and small islands affiliated to those countries.

 

 

The development of ports and coasts including the improvement of infrastructure of the Arab countries would boost up Arab’s share in the international trade revenue; but such a move requires efforts of ports authorities in the neighboring countries and reinforcement of ports facilities.

 

 

The economic and security situation in such a field attracts the interest of the community that is their involvement in the strategy aspects, capacity building, training and, providing appropriate devices for those who are working in this field demand more concern. Our region needs to build a common vision for maritime security and to avoid conflict in this regard.

 

 

The safe maritime trade corridors, anti-terrorism and piracy, humanitarian aid for the disasters and peaceful solutions to disputes in the  territorial  waters;  all  these  issues  need  comprehensive  and balanced solutions that could afford security and safety for regional and international maritime, which can only come through regional initiatives that are supported internationally.(9)

 

 

It is obvious the confirmation by the Arab countries of their ability to establish safe environment for maritime that requires growth of the countries in the region through credibility while strengthening their presence in the territorial waters in order to defend the common interests. Perseverated and flexible doctrine in the maritime security field is essential to protect the interests of the Arab world.

 

 

The Arab countries have a long history and great experience in the maritime navigation field; the position should thus be restored by securing the territorial waters. Also, this action is a part of the main concern of the Arab countries so as to ensure close cooperation which lead to an initiative at the international level for securing maritime navigation in the region.

 

 

 (9). Address  by  the  Foreign Secretary (Govt. of India) on “Maritime   Dimensions   of   India’s   Foreign   Policy”,   New   Delhi, July 28, 2011 (meaindia.nic.in)

 

INTERNATIONAL LAW AND PIRACY IN THE GULF OF ADEN

 

 

International Law considers pirates as enemies of humanity, and any nation can sue them on the basis of that. And although in the past, it was defined as robbery in the high seas, the Geneva Convention of 1985 for High Seas defined piracy in Articles 13 to 19 as also the measures that hinder maritime.

 

In Article 19 the Convention gives the right to the country that arrests pirates to put them on trial according to its national laws and fine them for compensation of the damaged ships.

 

The UN Convention on the Law of the Sea (UNCLOS) of 1982 and the Convention of Illegal Acts against Maritime Security (SUA) of 1988 and related protocols had principles to fight piracy the most prominent being (UNCLOS) from Article 101 till 106, and defined piracy as using violence illegally sin the high seas.

 

But Article 101 of UNCLOS which defines piracy as anti ship activities in the high seas outside regional waters, while 75% of pirates activity during 2007 and 2008 were launched from Somali coast and held ships in Somali regional waters.

 

 

 

International efforts to fight piracy can not pursue pirates in regional waters of countries or stop them from using these countries for their activities according to International Law, and thus owners of damaged ships would loose, unless countries fighting piracy sign mutual agreements with Somali Government.

 

The Law of Seas for piracy is confined to motives of robbery and does not include political ones, and while activities of sea terrorism may have economic motives but its main aims are political in most cases.

 

On the basis of that, the International Maritime Bureau (IMB) suggested a definition for piracy that includes activities hindering navigation of ships for robbery; it also did not make it confined to high seas only. The International Maritime Organization (IMO) shares the idea of reviewing laws of seas, particularly, the part dealing with piracy. And many study centers called for interference of countries to fight piracy.

 

Navy ships from USA, European Union, Russia, Japan, Iran and Malaysia came to the region to fight terrorism. But there is a debate about technical legality of this foreign intervention according to the UN charter.

 

In  the  58th  General Assembly  of  the  UN  in  2003,  the  General Secretary  of  the  UN presented a report about Laws of Seas which included the importance of enhancing international cooperation and coordination to fight piracy, and a debate came up about how to take security measures without hindering international navigation, also about the importance of coordination in this regard.(10)

 

 

 

Also there was a debate about the weakness of International Law because it did not define institution and agencies concerned with fighting piracy. The Law of Seas depends on IMO which is not specialized in piracy.  The contribution of IMO to the safety of maritime came through  its  contribution  in  preparing  draft  resolution  on  illegal  activities  against  the maritime safety of Rome in 1988, but this Agreement does not include piracy as a specific term,  although  piracy  is  among  illegal  activities  mentioned  in  Article  3  of  1988 Agreement.(11)

 

On 17 December 2008, the UN Security Council issued a Resolution 1851 calling for the first time for use of all means to fight armed piracy activities launched from Somali coast.(12)

 

 

 

  1. ‘Oceans and the Law of the Sea’: Report of the United Nations Security Secretary General, UN GAOR, 58th Session, UN DOC/A./RES/58/65 (2003).

 

  1. Article 3 of the ‘Convention for the suppression of Unlawful acts Against the

Safety of Maritime Navigation (Rome, 1988).

 

  1. United Nations Security  Council  Resolution.    S/Res./1851  (2008)  adopted  on16/12/2008 at the 6046th Meeting of the Council

 

Recently on 19 November 2012 the president of the security council issued a statement where he mentioned in it that " The  Security Council reaffirms that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, in particular its articles 100 to 107, sets out the legal framework applicable to combating piracy and armed robbery at sea, as well as other ocean activities and calls upon States to take appropriate steps under their national law of facilitate, in accordance with international law, the apprehension and prosecution of those who are alleged to have committed acts of piracy, including the financing or facilitation of such acts, also taking into account other relevant international instruments consistent with the Convention".

 

The Arab countries on the Red Sea and Aden Bay are trying to coordinate efforts to fight piracy, and formed contact group and held meetings for Arab countries in Cairo to deal with dangers of piracy on the international and regional maritime and in the interest of the countries of the region, and to coordinate for regional cooperation to get the support of countries and donor agencies to contribute in fighting armed piracy.

 

The declaration of establishment of regional centre in Yemen to coordinate in fighting piracy in the Bay of Aden and the Red Sea, which include six countries: Yemen, Aman, Somalia, Djibouti, Saudi Arabia, Egypt, Sudan, Jordan, Ethiopia and Eritrea to act mainly on exchange of information on piracy and coordination of fighting piracy in the region with allied forces ships present in international waters in accordance with the Security Council resolutions, comes in accordance with the International Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PIRATES TO BE PROSECUTED BY THE NATIONAL COURTS

 

 

The pirates, who occupy the Somali coast as the base for their activities, are creating serious difficulties in the safe transit of vessels and their crews passing through globally significant transit trade zone, Gulf of Aden. The adjacent countries launched an appeal through international forum and United Nations to secure maritime transit as well international cooperation to counter piracy actions.

 

The Security Council Resolution No. 1976 issued in April 2011 condemned for the first time and strongly the growing pirates’ practices in the Somali coast. The Resolution also expressed concern on the inhumane conditions faced by the hostage crew and the impact on their families calling for their release without delay.

 

The escalating presence of the multinational naval forces along the Somali Coast and the Gulf of Aden has driven the pirates to shift their activities to further  areas, so  they have expanded up to east and north-eastern of Arabian Sea, and took over the range what’s internationally known as transit crossing.

A Communiqué Committee established in January 2006 by a number of Arab countries that aimed at exchange of information and coordinate the naval forces’ efforts to battle piracy in the Gulf of Aden, raised the awareness among the citizens as also among the owners of the ships, in addition to pursuing the legislations and prosecution of the persons involved in acts piracy.

 

The Communiqué Committee issued a statement on July 14, 2011 which expressed its outrage at the humiliation of innocent hostage crew when captivated at the  hands of pirates, particularly in the  light of  mounting reports  on  the  violence  and  physical  torture  during  hostages  capture. The Committee as well called for continuing international efforts in order to counter piracy comprehensively.

 

These actions lead to necessary steps to strengthen the judiciary’s role towards the detained pirates. As a principle, the Arab legislator would not favor the establishment of pirate’s international tribunals under Chapter VII, because this will act as an intervention in the national justice and national sovereignty for the Arab States.

 

The Arab countries, according to the views of various lawmakers might support the establishment of special courts in the context of the national judiciary for a state or states’ group in the Arab region; which can be provided with assistance or with participation of United Nations. Such actions will possibly be appropriate in terms of reducing the reimbursement, enhancing the role and raise the efficiency of the judiciary in the region.

These measures may provide a treatment for suspects who have been arrested by foreign navies or transferred to a third country to enforce sentence against them. The concerned states, especially the Arab ones, need to coordinate on common policies towards the Arab common maritime challenges and drafting legislation that would help in the prosecution of pirates who might be presented before the national courts.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE NECESSITY TO DEVELOP A JOINT APPROACH TO THE ARAB MARITIME CHALLENGES

 

 

 

 

Any policy should have its specific directions and, so is the case of foreign policies that clash with different dimensions of security, whether on land or in regional waters. The location of Arabian Peninsula, which is surrounded by seas on three sides, has geographically influenced the historical path of the people inhabiting the area.

 

 

The strategic location, bordering with the Indian Ocean, as well as linking with various seas, all these factors make the Arabian Peninsula, since earlier times, a source of attraction, and at the same time a target for external threats. So, it requires the Arabs to learn from the history and should have powerful maritime facilities.

 

 

History shows us that a state which dominates sea ports along its border would  be  a  significant  trade  state  as  trade  is  generally  dependent  on maritime navigation. Our Arab ancestors have had a rich trade experience with East Africa, South and Southeast Asia since earlier times, and the grandsons should keep in their minds the historical lessons from such experience.

 

 

The participation and interaction with the world should be done by raising awareness   of    challenges   and   risks   that   happened   in   the   past; unless its recurrence is avoided, or else the Arab world would pass through a new version of unpleasant past experience, which threatens the growth and prosperity of the Arab countries.

 

 

The Arab countries are coastal inhabitants by nature, as they overlook the sea and most have islands. The Arab links to the seas and oceans are not only   matters   of   geographical   nature,   but   also   culturally   important, where historical, cultural, economic and political ties of Arabs with other nations had developed thousands of years back, mostly through sea.

The Arab world extends from the Atlantic Ocean to the west, and the Gulf eastward, to the other end, which aligns the Indian Ocean to the south and ocean on the north; including the Arab Red Sea and the Dead Sea. The Arab countries are islands surrounded by seas, and therefore most of the Arab trade with the outside world depends on marine navigation.

 

The Arab economies have grown rapidly; especially the oil-exporting ones; whereas oil exports make the maritime security significant at the economic level as oil is transported by sea. It is worth to mention that maritime as well as energy security are both linked together. The continued economic growth is associated with the flow of oil exports and their access to the international markets.

 

The terrorist attacks to trade ships at sea confirm the necessity to enhance maritime security and expanding the role of the Coast Guard in order to face such challenges. The foreign policies of Arab countries should focus on this critical issue in the sake of their security and renaissance.

 

The Arab states show great responsibility which reflects in the foreign policy that serves their region and the world on the basis of common interests in security and development.

 

 

 

 

 

INDIAN OCEAN FORUM IS AN IMPORTANT FRAMEWORK FOR THE MARITIME SECURITY

 

The Indian Ocean Maritime Forum was launched in February 2008 in "New Delhi”, the capital of India, based on the results of the meeting of the naval chiefs of most of the countries bordering the Indian Ocean, and is considered as an important step for the maritime security in the region.

 

The Maritime Forum Charter provided a framework to promote a mutual understanding of marine issues of the countries bordering the Indian Ocean, such as strengthening the regional security and stability of the maritime, establishment and promotion of various cooperation activities as well development of joint operations according to Naval principles.

 

The Forum also afforded a platform for naval forces of the participating countries to consult periodically and regularly on regional maritime security issues.

 

Under the Charter of the Forum, getting a full membership is a legitimate right of all countries bordering the Indian ocean, meanwhile any other country that wishes to join, could be granted a monitoring membership if it has agreed to the standards of the Charter.

 

Furthermore, it endorsed that the Forum’s chairperson should be for every two years periodically between the member countries; the Charter also included proposals and views contributed by countries outside the region, such as France and Australia.

The final Charter’s version is likely to be approved by the member states at their meeting in South Africa 2012, and then the Charter will be valid and abided by member states in future activities.

The  maritime  safety is considered a  genuine factor of  economic security  for Arab countries and the rest of the world, thus, the Arab should support and back the international and regional joint efforts.

The regional endeavors to protect maritime transits from any threat including piracy, overseas crimes in addition to capacity building of maritime security workers are all representing the core concentration of bi-lateral and multi-lateral partnership among the concerned maritime organizations and Arab countries. (13)

The  Arab  nations  have  historical  and  cultural  ties  with  Europe  up  to  Africa  with economic and social dimensions. Therefore, it is important for Arab states to expand their diplomatic relations regionally and internationally on the basis of enhancing their capabilities including access to the necessary trainings, carry out joint naval maneuvers and keep up with the international maritime developments.

The maritime security is an important issue for a dialogue between the states, and requires exchange of information, raising awareness and sharing the best practices to enhance maritime security and reduction of marine pollution as well the laws regarding maritime in order to combat any violations such as piracy, smuggling of human beings and drugs.(14)

 

(13) Final Communique of the 11th Meeting of the Council of Ministers of IOR-ARC countries held in Bengaluru in Nov 2011

(14) http://maritimesecurity.asia

 

 

The views of humanitarian assistance and disaster control organizations are also being requested for collaboration and exchange of views to strengthen maritime security regionally and internationally. In conclusion, the Indian Ocean Forum represents an important framework for cooperation in the maritime field.

 

 

 

CONCLUSION - MEANS AND WAYS TO COMBAT PIRACY

 

 

 

 

The waterways and ports such as Bab el-Mandab and the port of Aden are areas of continuing economic, strategic and grand strategic interest to the international community. They are all of parallel geo-strategic importance. Therefore, there are compelling reasons for concrete actions to step up security in the strategic waterways and ports at a time when terrorists are looking for soft spots.

 

The fact is that the security of Red Sea, Bab el-Mandab Straits, Gulf of Aden, and Arabian Sea, which are among the world's busiest waterways, is a matter of vital interest to littoral states, as well as its users.

 

 

 

Being major  international straits, canals and waterways  for  international trade it is crucial that the following should be kept secure and open at all time:

 

1.

Bab el-Mandab passage from the Arabian Sea and the Gulf of Aden to the Red Sea.

 

2.

 

Suez Canal linking the Red Sea and Mediterranean Sea.

 

3.

 

The Strait of Hormuz leading out of the Arabian Gulf to the Arabian Sea and Indian Oceans.

 

4.

 

Malacca and Singapore Straits linking the Indian ocean with the Pacific Ocean.

 

5.

 

Bosphorus and Turkey Strait, connecting the Black sea and the Mediterranean.

 

6.

 

Panama canal connecting the Pacific and Atlantic ocean.

 

 

In half of the six waterways, the littoral states are Arab countries; and in five of the six waterways, the littoral states are Islamic countries. This emphasizes the strategic importance of the Arab and Islamic world for maritime trade.

 

 

Yemen gave an important strategic and operational consideration to maritime security as  a  high  priority  following  October  2000  attack  on  USS  Cole and coastal security following the Limburg incident.

 

 

The Republic of Yemen’s cooperation with the international community is part of an ambitious effort to improve security worldwide and this cooperation will develop further..

 

Given the strong and multilateral interest of the international community in the Red Sea, Bab el-Mandeb Straits, the Gulf of Aden, and Arabian Sea the littoral states must do their best to provide sufficient security against piracy in order to achieve stability in the region and worldwide.

 

The International communities and country of region should agree on some means and ways that can be taken by each respective country individually and with others collectively. Among some of these can be recommended as follows:

 

 

 

-     To establish a Strait of Bab Almandab Council.

 

-           To have Marine Electronic Highway (MEH) demonstration project for Gulf of Aden, Arabian Sea and Indian Ocean and to sign MoU of MEH among littoral states.

 

 

-           To explore modalities for cooperation for sharing of the Gulf of Aden, Arabian Sea and Indian Ocean.

 

-           To follow up the memorandum of the Djibouti Conference to combat piracy and armoured attack in the Gulf of Aden and the west of Indian Ocean signed in 2009.

 

-     To establish regional centre for maritime exchange of information.

 

-           To recognize the strategic importance of the Straits for regional and global seaborne trade and the need to ensure that they remain safe and open to shipping at all times.

 

-           To   recognize   further   the   safety,   security   and   environmental vulnerabilities of the Straits and the possibility that unlawful acts committed therein may have a serious negative impact on the flow of traffic there-through.

 

-           To note with particular concern the number of incidents of unlawful acts and armed robbery against ships and seafarers reported to have taken place in the Straits.

 

-           To be aware of the multilateral of interests in the Straits and the importance of balancing the interests between littoral and user States, while respecting the sovereignty of the littoral States.

 

 

-           To acknowledge the rights and obligations of States under the international law of the sea, including the provisions of UNCLOS and in particular, Article 43 thereof calling for cooperation by agreement among user States and States bordering Straits used for international navigation on matters relating to navigational and safety aids and the prevention, reduction and control of pollution from ships.

 

We agree with the conclusions (15) from the experience of the Republic of

Yemen, after the terrorist attack on the Limburg in October 2002:

 

  1. Cost linked terror-related trade disruptions rise exponentially over a period of time, up to a certain threshold, where supply chains undergo radical changes.

 

  1. Major terrorist attack using ships or cargo containers are likely to have the biggest impact on the global trade because they are part of an inter-connected supply chains that stretch deep into the heart of many leading national economies

 

(15) BOMB FOR GLOBAL TRADE: MARITIME-RELATED TERRORISM  ‘A TIME IN AN AGE OF WEAPONS OF MASS DESTRUCTION’ by Michael Richordson, published in Singapore in the year 2004 by ISEAS publication.

 

 

 

 

 

  1. The total costs of any such attacks are likely to be measured in tens of billions dollars.

 

 

 

Measures are being put in place by many leading international trading nations to prevent a serious maritime-related terrorist attack from happening. A lot of these security safeguards have already been applied and others are taking effect.

 

The potential damage from a major terrorist attack using ships or cargo containers is enormously higher than known and projected costs of the new marine security requirements.

 

 

 

There are contemporary maritime challenges:

- Transitional maritime threats

- Management of large maritime zones for resource constrained States There is a need for a change in the UNCLOS.

There are challenges and options for cooperative IDR maritime security structure.

 

There has to be an agreement on safety of navigation among littoral States in the Gulf of Aden, Arabian Sea and Indian Ocean:

 

  • To reaffirm determination of the littoral States to further promote the existing co-operation on enhancing safety of navigation and promoting close cooperation and co-ordination on certain policies and measures.

 

  • To monitor the areas through satellite and notify the naval forces in that region of any suspicious vessel of the pirates or terrorists that may endanger naval or military establishments.

 

(Similar agreement was reached by the Tripartite Technical Experts Group on Safety of Navigation (TTEG) comprising officials of the three littoral States i.e. Indonesia, Malaysia and Singapore for enhancing the safety of navigation in,  and  the  environmental  protection  of,  the  Straits  and,  in  particular, through routing measures, including Traffic Separation Schemes, deep water routes, precautionary areas and ship reporting systems.(16)

Finally, I would like to express our thanks and gratitude to ECSSR for the excellent organization of the symposium which will ensure successful outcome of it in the favor of region interest as well as the world over. The successful holding the symposium will enhance ECSSR and YIAC cooperation further in the future.

 

 

 

 

 

 

(16) Report by international risk governance Council ( IRGC) – Risk governance of Maritime Global critical  Infrastructure.