IMO Assembly issues renewed call for action on piracy off Somalia

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30 Nov 2007

Renewed calls for action to prevent and suppress acts of piracy and armed robbery against ships, in particular off the coast of Somalia, were made by the 25th session of the Assembly of the International Maritime Organization (IMO), when it adopted a new resolution on Piracy and armed robbery against ships in waters off the coast of Somalia today (Thursday, 29 November).The resolution was submitted to the Assembly at the recommendation of IMO Secretary-General Efthimios E. Mitropoulos, following its approval at the meeting of the IMO Council which preceded the Assembly, and revokes an earlier resolution (A.979(24)) adopted in 2005 at the 24th IMO Assembly.The wide-ranging new resolution appeals directly to the Transitional Federal Government (TFG) of Somalia. Among other things, it requests the TFG to take any action it deems necessary to prevent and suppress acts of piracy and armed robbery against ships originating from within Somalia and to ensure that its coastline cannot be used as a safe haven from which attacks can be launched. It goes on to ask the TFG to take action to ensure that all ships seized by pirates and armed robbers and brought into waters within its territory are released promptly and that ships sailing off the coast of Somalia do not become victims of acts of piracy or armed robbery.Perhaps most significantly, the resolution asks the TFG to advise the UN Security Council that, in response to a previous request from the IMO Council, it consents to warships or military aircraft entering its territorial sea, when engaging in operations against pirates or suspected pirates and armed robbers. In addition, in view of the worsening humanitarian situation in Somalia, it also asks the TFG to advise the Security Council of its readiness to conclude any necessary agreements so as to enable warships or military aircraft to escort ships employed by the World Food Programme (WFP) for the delivery of humanitarian aid to Somalia or leaving Somali ports after having discharged their cargo.Through the new resolution, the IMO Assembly, which is the governing body of the Organization and comprises all 167 Member States, has reiterated its condemnation of all acts of piracy and armed robbery against ships, irrespective of where they have occurred or may occur and, in particular, has appealed to all parties able to assist to take action, within the provisions of international law, to ensure that seafarers serving on any hijacked ships, and any other persons on board, are immediately and unconditionally released and that no harm is caused to them.The resolution also places considerable emphasis on the need for co-operation, communication and the sharing of information, as key elements in tackling the problem.The resolution specifically calls on Governments in the region, in co-operation with IMO, to conclude a regional agreement to prevent, deter and suppress piracy and armed robbery against ships. Other Governments are called upon to assist these efforts.It also urges Governments to issue, to ships entitled to fly their flag, specific advice and guidance on any appropriate additional precautionary measures necessary to protect themselves from attack, when sailing off the coast of Somalia, and on any measures or actions they may need to take when they are under attack, or threat of attack.Ships are encouraged to ensure that information on attempted attacks is promptly conveyed to the nearby coastal States and to the nearest, most appropriate Rescue Coordination Centre and Governments are asked to bring such information to the attention of IMO. Governments are further requested to instruct national Rescue Coordination Centres, or other agencies involved, to transmit relevant advice and warnings on reported attacks through the World-Wide Navigation Warning Service, the International SafetyNet Service or other means, so as to warn shipping in the immediate area. They are also asked to provide a point of contact through which ships may request advice or assistance and to which such ships can report any security concerns about other ships, movements or communications in the area.The investigation of all acts or attempted acts of piracy and armed robbery is actively encouraged by the resolution and Governments are requested to report any pertinent information to IMO. It also urges them to take all necessary legislative, judicial and law enforcement action to ensure they are able to receive and prosecute or extradite suspected pirates and armed robbers.The IMO Secretary-General is requested to transmit a copy of the resolution to the Secretary-General of the United Nations, for consideration and any further action he may deem appropriate, and to continue monitoring the situation in relation to threats to ships sailing in waters off the coast of Somalia. He is also requested to consult with Governments and organizations with a view to providing technical assistance to Somalia and nearby coastal States to enhance their capacity to give effect to the new IMO resolution.Background In 2005, the number of reported attacks on ships off the coast of Somalia prompted the IMO Assembly to adopt a resolution, which first brought the matter to the attention of the UN Security Council. This action resulted in a UN Security Council Presidential Statement, issued on 15 March 2006, encouraging UN Member States with naval vessels and military aircraft operating in international waters and airspace adjacent to the coast of Somalia to be vigilant for piracy incidents and to take appropriate action to protect merchant shipping - in particular, ships being used to transport humanitarian aid - against any such act, in line with relevant international law. Subsequently, there had been a much-welcomed reduction in acts of piracy and armed robbery in the region.Nevertheless, the continuing civil conflict and political instability in Somalia has lately given rise to renewed attacks on ships and a worrying increase in the number of reported incidents. The hijacking of ships and demands for the payment of ransoms for their release and for the release of their crews and cargo appear to have become, once more, a common pattern, with the perpetrators having, again, been engaged in a number of attacks on, and seizure of, ships carrying food aid to Somalia under the auspices of the WFP. The available information again points to well-organized and co ordinated activities. The actual extent of the incidents is very difficult to gauge and a number of sources have argued that there may have been several unreported cases. The UN Secretary General, in his quarterly report1 of 25 June 2007 to the Security Council on the situation in Somalia, noted, in connection with the humanitarian situation, that an ''upsurge in piracy off the Somali coast posed additional challenges to the provision of aid as WFP-chartered vessels came under attack in mid-May''.In July 2007, IMO and WFP issued a joint communiqué expressing their concern over the situation, in which the supply of much-needed humanitarian aid to the stricken African country was being hampered by pirates and armed robbers whose actions threatened not only the safety of life of those serving or travelling on ships involved, but also jeopardized the prospects of bringing relief to hundreds of thousands of Somalis. At a meeting in London in July 2007, IMO Secretary-General Mitropoulos briefed the UN Secretary-General on the situation, in particular on the impact that acts of piracy and armed robbery against ships may have on human life, the safety of navigation and the environment, and requested his support. Following this meeting, the IMO Secretary-General has been proactive in seeking the support of Governments, at such time as the matter may come up for debate in the Security Council. The Secretary-General has also written in this connection to the Minister for Ports and Maritime Transport of the TFG.The UN Security Council, on 20 August 2007, adopted resolution 1772 (2007) on the situation in Somalia, in which, inter alia, it stresses its concern at the upsurge in piracy off the Somali coast and takes note of the joint communiqué of IMO and the WFP of 10 July 2007. Furthermore, in its resolution the Security Council reiterates the encouragement to Member States of the United Nations previously issued by its President on 15 March 2006 (see above).The UN Secretary-General, in a letter2 of 20 September 2007 to the President of the Security Council, reporting on a number of issues pursuant to resolution 1772 (2007), noted that ''piracy off the coast of Somalia is threatening commercial shipping and impeding the safe delivery of humanitarian assistance. The rise in the frequency of pirate attacks has resulted in higher shipping costs and a significant reduction in the number of cargo vessels in the water. Close to 80 per cent of World Food Programme (WFP) assistance to Somalia is shipped by sea; however, due to piracy, the availability of ships willing to carry food to the country has been halved''.Since then, the UN Secretary-General has advised IMO that the UN Special Representative for Somalia has raised the issue directly with the TFG, and requested IMO to consider sending a delegation to Nairobi and Somalia to discuss the specific requirements of the TFG in order to enhance its capacity to combat piracy.