expert roundtable on maritime security in south east asia brussels, 7 may 2011 maritime security in...
TRANSCRIPT
Expert Roundtable on Maritime Security in South East
Asia Brussels, 7 May 2011
Maritime Security in the Straits of Malacca & Singapore / Role of Private Sector
Robert Beckman Director, Center for International Law
National University of Singapore
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ASEAN Member Countries
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TSS in Singapore Strait
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Importance of the Straits
50% of world’s oil supply carried by sea
30% of world’s commerce
90,000 vessels over 100 tonnes / year
23,000 oil tankers per year
4,000 LPG/LNG carriers per year
Rich in fishing grounds, mangroves, coral reefs and marine biological diversity
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Sovereignty & Jurisdiction
Legal position of straits under UNCLOS is a major concern of Indonesia and Malaysia
Southern half of Malacca Strait, all of Singapore Strait are under the sovereignty of littoral States
“Piracy” rules do not apply in StraitsNo foreign warships can board ships in
territorial sea or archipelagic waters without express consent of coastal State
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Cooperation of Littoral StatesThree littoral States have been cooperating
since the early 1970s through Tripartite Technical Experts Group (TTEG)
Two straits administered as a single StraitStraits are governed by Part III of UNCLOSMeasures to enhance safety of navigation
are submitted by the 3 States to the IMO :
◦Traffic Separation Scheme
◦Under keel clearance requirement
◦Mandatory ship reporting scheme
Maritime Security after 2001
Increase in attacks on ships after September 11, 2001 attack in US
Concern over threat of maritime terrorism and proliferation of WMD
Security of shipping in Straits became issue of major concern
Declared “war risk” area by LloydsNo credible link found between increased
attacks & terrorist groups
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2007 Cooperative Mechanism
In 2004 IMO Secretary-General led an initiative to enhance safety, security and environmental protection in Straits of Malacca and Singapore
Adopted in 2007 after 3 years of negotiations but limited to safety and environmental protection – not security
Cooperation Mechanism is the first scheme to implement article 43 of UNCLOS
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2007 Cooperative Mechanism
1. Reaffirms sovereignty and jurisdiction of the littoral States & their primary responsibility for safety and environment
2. Consistent with international law & UNCLOS
3. Within framework of Tripartite Technical Experts Group (TTEG)
4. Recognizes interests of users & other stakeholders
5. Cooperation with users & other stakeholders is on a voluntary basis
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2007 Cooperative Mechanism
1. Cooperation Forum – platform for dialogue
2. Project Coordination Committee – 6 projects with contributions from Australia, China, EC, Germany, India, Japan, Korea and USA
3. Aids to Navigation Fund – over US$ 9 million China, Japan, Korea, Saudi Arabia, UAE, Malacca Straits Council, Nippon Foundation & MENAS
4. IMO Malacca & Singapore Straits Trust Fund – US$ 1.86 million - China, Greece, Germany, Norway and European Commission
Private Sector & Coop MechanismPrivate Sector & Coop Mechanism
Japanese NGOs proposed that private shipping companies contribute to the Aids to Navigation Fund
Only shipping organizations from Japan have made direct contributions
IMO “Roundtable” of shipping organizations have encouraged MENAS to contribute and have participated in Cooperation Forum
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Decline in “piracy” attacks by 2008
Decrease in attacks by 2008:
1. Indonesia: from 93 in 2004 to 28 in 2008
2. Malacca Strait: from 37 in 2004 to 2 in 2008
3. 3 Hijacking incidents and one Hostage-taking incident in 2008
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Reasons for decline in attacks
1. Enhanced Coordinated Sea Patrols from 2004
2. Dec 2004 Tsunami and 2005 peace in Aceh
3. “Eye in the Sky” Air Patrols from July 2005
4. Information sharing between Singapore and Indonesia on Singapore Strait from 2005
5. Agreement on SOP for Malacca Straits Patrols April 2006
6. Assistance to Indonesia by US & others
7. ReCAAP Information Sharing Centre, 2004-6
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“Piracy” in Southeast Asia
1. No evidence that Somali model of hijacking ships and taking crew members for ransom is moving to SE Asia
2. Some transnational crimes involving the hijacking of tug boats by syndicates
3. Best way for user States to cooperate is to provide vessels, equipment & training to the littoral States so they can better secure their own waters
4. States in SE Asia need to update their national legislation on piracy
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Somali Piracy and ASEAN States
Several of the ASEAN States have sent naval vessels to the Gulf of Aden to assist the international efforts to combat piracy
Malaysia has recently captured pirates and taken them to Malaysia for prosecution
ASEAN States have a special interest in combating Somali piracy because the Philippines and Indonesia supply a significant portion of the world’s seafarers
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Somali Piracy and ASEAN States
All States also need to update their national legislation on Piracy
All States need to ratify and effectively implement the relevant UN terrorism conventions :
1. 1988 SUA Convention
2. 1979 Hostages Convention
3. 1999 Terrorist Financing Convention These 3 UN Terrorism conventions can be
used to combat Somali piracy
Transnational Organized CrimeTransnational Organized Crime
Some of the piracy and armed robbery against ships in Southeast Asia is a form of transnational organized crime
Same syndicates are involved in various forms of smuggling and other criminal activities
Enhanced cooperation at regional level is necessary, including information sharing on the syndicates and their financing
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Maritime Security & Private Maritime Security & Private SectorSectorUsual response of private sector on piracy
and other threats to maritime security is that “Governments should do more”
On Somali piracy shipping organizations have worked with the IMO to develop guidelines and best practices
Many of the ships now being hijacked have not followed the Guidelines
Industry has no mechanisms to require compliance or sanction noncompliance
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Role of Private SectorRole of Private Sector
One of major problems in combating maritime crimes lies in the ownership and registration of international shipping
Many ships are registered in countries with “open registries” and actual owners are difficult to identify
“Flag States” have exclusive jurisdiction over ships on the high seas but some flag States have little interest in enforcing national or international regulations
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ResponsibleResponsible Flag States: Flag States:1. Ensure that ships flying their flag comply with
international rules & standards
2. Are ready & willing to prosecute pirates if they attack ships flying their flag
3. Require their ships to comply with international best practices to prevent piracy
4. Fully cooperate to provide witnesses and information for prosecutions in other States at their expense
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Cooperation with Private SectorCooperation with Private SectorInformation sharing is essential to combat
maritime crimes, especially terrorism
Governments are often unwilling to share information with private sector
Shipping companies sometimes unwilling to report incidents or share information with Governments
New mechanisms must be created which enable the private sector to share information with Governments
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Protection of Submarine CablesProtection of Submarine CablesSubmarine cables are critical
communications infrastructure as they account for 95% of telecommunications in most countries
There are significant gaps in the existing international legal regime
Governments are beginning to cooperate with industry through the International Cable Protection Committee (ICPC) to develop “best practices” and address the gaps in the legal regime
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