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Malaysian Model United Nations

MYMUN Research Report | of 8

Forum: The General Assembly

Issue: Regulating the proliferation and the effects of piracy in the Federal

Republic of Somalia

Student Officer: Kavya Nayak

Position: President of the General Assembly

Introduction

Somalia’s location offers its country access to the Gulf of Aden alongside the steady number of

oil tankers and trade ships emerging from the Arabian Peninsula. When the Somalian Civil war began in

1991 and government control of the area decreased, piracy offered impoverished fishers an opportunity

to make millions. Since then, the international community has struggled to cap the proliferation and

effects of piracy while restoring balance to Somalia.

Caption #1—Pirate attacks around the Gulf of Aden

Definition of Key Terms

Piracy

As per Article 101 of the UN Convention on the Law of the Sea (UNCLOS), piracy is defined as

“any illegal acts of violence… committed for private ends by the crew or the passengers of a



private ship on the high seas… against another ship or against persons or property onboard such

ship”. Those who facilitate or participate in these actions are also deemed pirates.

High Seas

The high seas or “international waters” are areas of sea which do not fall within the boundaries of

any state.

Proliferation

In the context of this issue, proliferation refers to the increase and spread of piracy on the Somali

coast and Gulf of Aden.

Background Information

Escalation of piracy

Somali piracy began with small scale operations where pirates threatened passing ships and

imposed “sea taxes” of a few hundred dollars. However, when pirates were able to extort US$315,000

from a ship from Hong Kong in 2005, hijacking appeared to offer an opportunity for greater revenue.

When pirates hijack a ship, they capture the crew and cargo until the owner of the vessel pays a ransom

for the passengers and cargo. The targets of hijacking are oil tankers and high value cargo ships, often

warranting ransoms of hundreds of thousands of dollars.

Those who engage in piracy are predominantly young Somali men and fishermen. Piracy offers a

reprieve from the rampant poverty in Somalia: pirates are able to make money quickly while only

requiring guns, a ladder, and a small boat. These fishermen reject the description of their activities as

piracy; indeed, many of them believe themselves to be engaging in public service. As the government

offers no regulation against large international fishing trawlers, fish numbers have been depleted and

coral ecosystems destroyed. The damage has prevented access to effective fishing, wish

disproportionally affects small range Somali fishermen with smaller boats. These fishermen are the ones

who are motivated to engage in piracy due to financial inability, and once they gain money they distribute

it amongst their family. Thus, those who become pirates are motivated by financial need as opposed to

selfishness, giving themselves the impression of being more “morally just”.



Caption #2—Adapted fishing ships used by pirates

International efforts to stabilize Somalia

Instances of piracy and hijackings increased drastically, reaching their height in around 2010,

with numbers of hijacked ships in the hundreds. In response, the UN Security Council (UNSC) permitted

international forces to enter Somalian water, supporting international mobilization against the threat.

UN operations

Due to widespread poverty and a lack of development, Somalia depends heavily on

support from the UN. The UN Mission in Somalia (UNOSOM) works to stabilize Somalia and

combat poverty in the area. Piracy is often a barrier to UN efforts, however, and in the past the

UN World Food Program ships have been intercepted by pirates. The Security Council has

responded through their support of international operations led by the European Union (EU),

African Union (AU), and North Atlantic Treaty Organization (NATO). The UN works most directly

with the African Union Mission in Somalia (AMISOM).

International operations

Because many nations have an interest in preserving shipping routes, a number of

international missions were launched as a response to piracy. The EU Naval Force

(EUNAVFOR) launched their Operation Atlanta. The NATO launched Operation Ocean Shield.

The Shared Awareness and Deconflictation Initiative (SHADE) combines similar efforts from

China, India, Iran, Japan, the Republic of Korea, and the Russian Federation.

Operation Atlanta, Ocean Shield, and SHADE protect UN, World Food Program, and

AMISOM ships passing through the area. These operations are reported to have been highly

successful, with one UN Office on Drugs and Crime report attributing them to be the greatest



deterrent to Somali piracy. EU and NATO efforts have also led to the capture and detention of

pirates in prisons inside Somalia and nearby countries such as Yemen.

Caption #3—Turkish fighter in NATO’s Operation Ocean Shield

Long-term stability

Although the efforts of different operations have been successful in the short term, they

are not conducive of long term solutions. Each year, the international operations are subject to

review and extension by the UNSC and continue to drain the funds of respective regional

organizations. Already, NATO has expressed its intention to conclude Operation Ocean Shield in

2017. With such a dependency on international operations as deterrence, how can the UN work

towards a self-governing Somalia?

On-shore solutions for off-shore problems

Fishing industry

According to the UNDP, Somalia’s youth unemployment rate is 67% and 73% of people

live in poverty. Increases in unemployment and poverty correspond to increases in piracy as

Somali citizens grow increasingly desperate. The greatest contribution to the proliferation of

pirates has been the decline of the fishing industry. Due to toxic waste dumping and illegal fishing

by trawlers, the fish population off of Somalia continues to be depleted. Somali fishermen are

often left with no alternative but piracy.

In order to cut off the root of piracy—pirates—unemployment and poverty must be

decreased within Somalia. Many of these pirates do not want to steal and only do so to

supplement income. Through social welfare and protection of fishing in Somalia, the quality of life

of Somali people can be improved, eliminating the source of pirates.

Somali government



Ensuring government stability is equally important as ensuring social stability. Within

Somalia, two regions, Puntland and Somaliland, have declared themselves to be autonomous

and independent respectively. In 2014, the Somali Prime Minister was voted out of office by his

cabinet following a feud with the President. This event, concerning the highest level of legislators

and public officials in Somalia, was said to have had corruption, favoritism, and cash bribes.

This explains why, on Transparency International’s corruption list, Somalia has been ranked as

most corrupt country with equal levels of corruption as North Korea. Through increasing the

capacity of the Somalian government and through directing efforts at stopping poverty, piracy and

its effects can be halted.

Caption #4—Fragmentation of Somalian territory

Timeline of Events

Date Description of event

March 6, 1948 The UN body currently known “The International Maritime Organization” (IMO) is

created to ensure maritime safety and international cooperation

April 27, 1958 The Convention on High Seas is created, defining maritime terms which later

become part of the UNCLOS I

December 10, 1982 The UNCLOS is signed by 158 member nations in the UN, outlining the rules of

piracy and international involvement on the High Seas

March 10, 1988 The Convention for the Suppression of Unlawful Acts of Violence Against the

Safety of Maritime Navigation (SUA) is adopted, criminalizing piracy



1991 Somalian Civil war begins, crippling Somali government forces

December 2, 2008 UNSC passes Resolution 1846, allowing for the intervention of member states in

Somali waters in order to curtail piracy in the Region

December 11, 008 The UN Office in Somalia held an International Conference on Piracy in Nairobi

August 17, 2009 NATO launch of Operation Ocean Shield

November 10, 2015 UNSC adopts Resolution 2246, renewing efforts to combat piracy for another

year

UN Involvement, Relevant Resolutions, Treaties and Events

Caption #5—UNSC meeting on the situation in Somalia

The UN’s involvement on matters of piracy and maritime security are directed through the IMO

(International Maritime Organization) and are legally based on the UNCLOS and the SUA. Additionally,

UN Mission in Somalia (UNOSOM) combats poverty and development issues.

The UNSC deemed the situation in Somalia drastic enough to warrant intervention by member

states on water in resolution 1846 and on land in resolution 1851. Resolution 2015 called for

establishment of specialized anti-piracy courts to strengthen prosecution of pirates. Resolution 2246

called for efforts to be continued into 2016.

• UN Convention on the Law of the Sea (UNCLOS), 10 December 1982



• Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime

Navigation (SUA), 10 March 1988

• Resolution 1846, 2 December 2008 (S/RES/1846)

• Resolution 1851, 16 December 2008 (S/RES/1851)

• Resolution 2015, 24 October 2011 (S/RES/2015)

• Resolution 2246, 10 November 2015 (S/RES/2184)

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