INTERNATIONAL CONTACT GROUP ON PIRACY OFF THE COAST OF SOMALIA – THIRD PLENARY MEETING – 29 MAY 2009
The third plenary meeting of the International Contact Group on Piracy off the Coast of Somalia (CGPCS) was held in the United Nations Headquarters in New York on 29 May. The meeting was chaired by Mr G T Delawie (Acting Assistant Secretary of State for Political-Military Affairs, US State Department) and attended by 27 States and 6 inter-governmental organisations. The Transitional Federal Government of Somalia was represented by Foreign Minister Mohamed Abdullahi Omar.
New York Declaration
Viewed from the perspective of international shipping, probably the most significant outcome was the signing of the ‘New York Declaration’ by Panama, Liberia, the Bahamas and the Marshall Islands. The declaration, based upon a draft by OCIMF, is an undertaking by the four open registers (more than 50% of the global tonnage total) to ensure that their ships are compliant with piracy counter-measure guidance. This is a direct reference to the industry produced ‘Best Management Practice’ document.
In support of this development, ICS members are once again urged to take every opportunity to advertise the need for compliance, amongst their member companies, for every ship transiting waters off the Somali Coast. There is clear evidence that ships operating in compliance with the BMP significantly reduce their vulnerability to a successful attack. Every ship making the southbound passage through the Suez Canal will be inspected to check that the BMP document is held on board and that compliant action is in hand.
Other 3rd CGPCS Outcomes
1. International Trust Fund
The CGPCS endorsed the creation of an International Trust Fund to help offset the expense of prosecution of suspected pirates and for capacity building measures in Somalia. Contribution to the fund will be voluntary and open to States and industry.
The intention to create the fund is evidence that a majority of CGPCS ‘member’ States believe that the most efficient means to deliver arrested alleged pirates to justice is via courts in States adjacent to Somalia.
2. Report of Working Group 1 – Operational Coordination
The UK reported on the May meeting of Working Group 1. The development by the Combined Maritime Force (Bahrain) and EUNAVFOR of the Shared Awareness and De-confliction Mechanism (SHADE) was noted. SHADE was also separately briefed to the CGPCS at the Plenary meeting. The SHADE meetings bring together the 23 nations that have contributed military assets to the region and are the only available means of coordinating the military activity. Whilst it falls short of ‘command and control’ it is apparent that coordination efforts are working remarkably well. The industry associations are invited to attend SHADE meetings and will do so in rotation (OCIMF represented industry at the May meeting) but it is unlikely that ICS will attend in the short term.
Both WG 1 and EUNAVFOR made a plea for larger, faster bulk carriers to be made available for the World Food Aid deliveries to Somalia in order to reduce the number of warship escorts required for their protection.
3. Report of Working Group 2 – Legal Issues
Denmark reported on the May meeting of Working Group 2 on Legal Issues. The Group had completed an overview of national legislation with a view to identifying those States that were inhibited in their ability to prosecute offences of piracy.
Egypt, the Russian Federation and the Netherlands asked the CGPCS to consider the establishment of an International Court to try alleged piracy offences. This was strongly opposed by China, France, Japan and USA on the grounds that previous International Courts had only been convened for the most heinous of crimes and then only to try the instigators or leaders of such activity not the ‘foot soldiers’ as would most likely be the case with piracy. It was also argued that it would take several years to create an International Court or Tribunal and that it was too ‘permanent’ a mechanism. Working Group 2 was however tasked to examine proposals for such a mechanism.
4. Report of Working Group 4 – Communications Strategy
Egypt reported that Working Group 4 had developed a communication strategy for information to be targeted principally on the youth of Somalia.
5. Working Group 3 – Liaison with the Shipping Industry
There had been no recent meeting of Working Group 3 but the CGPCS agreed to a US proposal to continue to monitor activity within the shipping industry and its liaison with the military athorities on a quarterly basis. These meetings would probably be held by correspondence or video/tele-conferencing. One of the sub-elements of this work is to monitor the successful dissemination of the BMP to individual ships and to report on the level of compliance achieved. ICS continues to welcome feedback from ICS members on this subject. Working Group 1 will also look at the development of human element related guidance for dealing with captivity of seafarers and rehabilitation after release.
6. Next Meeting
It is anticipated that the next meeting of the CGPCS will be held in New York in September or October under the chairmanship of Japan.
IMO MSC
As expected, IMO MSC (27 May to 5 June) convened a working group on piracy; at the time of writing it is known that this working group had agreed that the BMP document should be endorsed in its current form without the incorporation of changes proposed by France and Spain. A full report will be forwarded once MSC has completed.