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Back to SSG 22
The “Seabourn Spirit” was attacked by pirates early in November.
Piracy – a threat to seafarers and world trade
Although piracy seems to show a downward trend with 205 attacks reported globally in the first nine months this year compared to 251 attacks in the same period last year, there has been a significant rise in attacks in one hot spot. Since the 15th of March, 32 attacks by pirates off the Somali coast have been reported to the International Maritime Bureau, the IMB.
This is an unprecedented increase, following a quiet two-year spell. Somalia is a nation in which anarchy rules and which is strategically located in the Horn of Africa. The transitional government of Somalia, led by Prime Minister Mohammed Ali Geli, is the 14th attempt to reinstate a functional central government since the fall of the dictator Barre fourteen years ago. The real power in Somalia today lies in the hands of a number of warlords, who see piracy as potentially profitable business.
Piracy and armed robbery, attacks in Africa 2004. Source: IMB
Piracy and armed robbery, attacks in Africa, 1st half 2005. Source: IMB
Seven hi-jacked vessels
Until recently, pirates have focused on slower coasters, often carrying aid shipments to the starving population of Somalia. At present pirates hold seven hi-jacked vessels and their crews for ransom, somewhere along the 3,700-kilometre Somali coastline.
The recent development highlighted by the attack on the cruise vessel Seabourn Spirit in early November shows that the pirates have become more organised, well trained and resourceful and now also threaten all kinds of shipping in the busy Indian Ocean shipping lanes.
The IMB has for some time advised the shipping community to stay at least 200 nautical miles away from the Somali coast.
The problem is that the pirates have followed in the wake of the shipping industry, steaming further away from the coastline. There are reports of a mother ship having been spotted, which is believed to launch high-speed boats. In one of the latest attacks, the target vessel, a Pakistani 16,200 GT general cargo ship, claimed that it was approached by fast crafts with heavily armed pirates at a distance of more than 390 nautical miles from the coast.
This means that the pirates are building up resources to become a threat to all types of vessels trading between Europe and Asia.
Several security reports also see a direct link between the increased piracy activity off Somalia and terrorist groups. Somalia is said to have been infiltrated by groups affiliated to al-Qaeda and Wahabi. A report from the US Navy says that piracy is emerging as a major fund-raising method for terrorist groups and rebels, and according to some sources, terrorists have joined their forces with the Somali pirates.
When pirates have successfully hi-jacked a vessel, they either demand a ransom or take the cargo, and sometimes the vessel is sold.
Calls for preventive action
Pirates have for a long time posed a threat to seafarers’ safety. According to the British maritime officers’ union Numast, hundreds of seafarers have been killed and thousands injured in piracy attacks over the last ten years.
The attack on the cruise vessel Seabourn Spirit with some 150 passengers aboard, however, sparked the interest of the media and the general public worldwide and led to calls for preventive action from several organisations and political arenas.
Did the pirates know that they were attacking a cruise vessel with American passengers aboard? If so, the attack would be an act of terrorism, but there are different views in the security and diplomatic circles. The IMB is sceptic, saying there is no evidence that the pirates knew the identity or the type of vessel before they launched the attack. Several diplomatic sources claim, however, that the attack on the cruise ship Seabourn Spirit 100 nautical miles off the coast of Somalia in early November was launched by terrorists. The sources have told the Numast union that fundamentalist militiamen have infiltrated Somalia from the Middle East. The militia is said to have established a base near Mecca to track ship movements and monitor ship communications.
False distress signals
To protect a vessel from being boarded and hi-jacked by pirates, there are a number of measures the shipowner and the crew can take. A high degree of awareness in hot spots, such as off the Somali coast, is essential. In some cases, the pirates have tried to lure vessels by false distress signals and messages. This, of course, also is a threat to safe shipping.
Vessels in real distress situations close to pirate-infested waters may find themselves in a situation where no ships in the vicinity will respond to distress calls and flares. The IMB also recommends that vessels are equipped with Secure-Ship, a non-lethal 9,000-volt electrifying fence surrounding the ship. If a boarding attempt is made an alarm will also go off, activating floodlights and a very loud siren.
Although not confirmed, the Seabourne Spirit is said to have used a long-range acoustic device, LRAD, a device developed by American Technology Corporation after the al-Qaeda attack on the USS Cole in Yemen in 2000. The LRAD generates a high-energy acoustic beam able to cause permanent damage to hearing over distances of up to 300 metres.
Another important item is the ability to detect and track vessels boarded by pirates. Today, all vessels must have an alarm system that can be activated by the crew in case of an attack. There also are a number of tracking systems, such as the inexpensive ShipLoc recommended by the IMB.
A draft proposal on long range identification and tracking of vessels, LRIT, will be discussed at the next meeting of the IMO Maritime Safety Committee, MSC, in May next year. The system should be automatic and transmit the identity of the ship, position, date and time. Flag states could receive data from vessels flying their flag. This information should also be accessible for a port state, if the vessel has declared its intention to call at a port in that port state.
Delicate matters
The tracking range, however, is a controversial issue, with some states arguing for a 200 nautical miles limit, others for distances of up to 1,200 nautical miles. The right of a coastal state to receive information from vessels in transit also is a delicate question. New regulations will be in place in 2008 at the earliest.
Even if a vessel taken over by pirates is identified and tracked, the question still remains what to do about it. As soon as a hi-jacked ship enters the Somali waters, the responsibility lies with the authorities of the sovereign Somali nation. This situation in a country where anarchy rules and which has no functioning authorities or resources of course is in the favour of the pirates.
Naval task force
This has led several shipping organisations to call for a naval task force under the UN umbrella to protect commercial shipping in the area. There are, however, legal uncertainties concerning the right to take action against piracy and terrorism on the high seas. The IMO has adopted amendments to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
These amendments broaden the list of offences made unlawful under the treaties and also include clear provisions for when and how a vessel suspected to be in the hands of pirates or terrorists could be boarded by the authorities.
The new rules can enter into force 90 days after the date on which 12 member states have either signed them without reservations or deposited an instrument of ratification, acceptance, approval or accession.
//Rolf P Nilsson
Latest update 18-10-2006 8:49
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