Rear Admiral (retd) M. Khurshed Alam

Secretary

Maritime Affairs Unit

Ministry of Foreign Affairs

1982 UN Convention on the Law of the Sea

(UNCLOS)

a. An illegal act involving violence, detention,

or depredation

b. Committed for private ends

c. On the high seas-beyond 200nm /EEZ

d. Involving at least two ships

e. No framework to prosecute and punish

pirates, and did not set universal penalty

a. Intentionally seizing or damaging a ship or act violently against person or property

b. Attempting to seize or damage a ship or place devices

c. Removes two ship requirement, motive-private ends and geographical limits but does not mention trial procedures or establish penalties for offenses

d. State jurisdiction over an offense only if committed against a ship flying that state‘s flag, in that state territory or against national of that state, obligation to extradite

“An act of boarding or attempting toboard any ship with the intent to committheft or any other crime and with theintent or capability to use force in thefurtherance of that act”.

This definition thus covers actual orattempted attacks, whether the ship isberthed, at anchor or at sea. Petty theftsare excluded unless the thieves arearmed.

―Any unlawful act of violence or detention or any act of depredation, or threat thereof, other than an act of

piracy, directed against a ship or against persons or property on board such ship, within a State’s

jurisdiction over such offences” IMO methodology conforms more closely to the legal definition of

piracy and armed robbery against ships.

Codify universal jurisdiction over piracy and establish procedures to facilitate prosecution of pirates, guide lines for piracy investigation strategies-meeting held in May 2011, Suggested that flag states of the victimized ship take the lead in investigations for piracy incidents

The state in whose territorial waters the incident occurs should bear the responsibility to investigate armed robbery at sea

ReCAAP accepted definitions of UNCLOS and IMO

Violence Factor-Intensity of violence, type

of weapons used, treatment of crew and number of pirates

Economic Factor-type of property taken-cases of theft and hijacking

CAT 1- Very Significant,

CAT 2- Moderately Significant,

CAT 3-Less Significant

Petty theft- opportunity theft by persons who manage to gain access to the vessel, usually in port or at anchor, and steal anything handy such as paint or ropes;

Armed robbery- planned robbery, alongside, at anchor or underway, targetted mainly at money, crews‘ personal effects, and ships‘ equipment, cargo if possible, often carried out by increasingly organized determined and well-armed gangs;

Hijacking- Permanent hijacking of ships and cargoes with crews some- times being murdered cast adrift or held to ransom. Stolen vessels are often used as so-called phantom ships after having been repainted, renamed and equipped with new documents.

Bangla dictionary- /

Bangla to English dictionary-Pirates/piracy

All Bangla and English newspapers use this

terminology and receives undue international

coverage

IMO (2002) and ReCAAP (Sep 2006)defined Armed

Robbery and Bangladesh accepted both definitions

Bangladesh Penal code only defines Robbery

(Section 390) -either theft or extortion and applies to

extra territorial offenses also-any person on any ship

or aircraft registered in Bangladesh wherever it may

be.

Growing volume of shipping - 7.8 billion tons ofcargo, 102,194) merchant vessels , 1.3 billiondeadweight tons, 1.25 million seamen , eightthousand ports,

Trade : Asia 41%, Americas 23%, Europe 18 %, Africa 10 % and Oceania 9%.

Ship demolition sector, China is leading by 34.5%, India 30.7%, Bangladesh 24.8%, Pakistan 6.3%

Poverty and lack of economic opportunities

The role of organized crime

The role of the law enforcement agencies

Worldwide Incidents:

Total Attacks Worldwide: 297- 439

Total Hijackings Worldwide: 28

Total Hostages: 585 - 802

Total Killed: 06

Incidents Reported for Somalia:

Total Incidents: 75 - 237

Total Hijackings: 14

Current vessels held by Somali pirates:

Vessels: 8

Hostages: 104 + 23 (Land) includes 07

Bangladeshi

Security Council Resolutions - 1814 (2008),

1816 (2008), 1838 (2008), 1846 (2008), 1851

(2008), 1897 (2009), 1918 (2010), 1950

(2010), 1976 (2011) and 2015 (2011)

Operation- ATLANTA

Combined Task Force- CTF 151

NATO led –OCEAN SHIELD/National Convoys

IMO The Djibouti Code

MSCHOA & MOWCA

CGPCS

UKMTO- UK Maritime Trade Operations Dubai

Mariners are warned to be extra cautious and to take necessaryprecautionary measures when transiting the following areas:

SOUTH EAST ASIA AND INDIAN SUB CONTINENT

Bangladesh: The area is still listed as high risk.

Robbers targeting ships preparing to anchor. Most attacks reported atChittagong anchorages and approaches. Attacks in Bangladesh havefallen significantly over the past few years because of the efforts by theBangladesh Authorities.

Indonesia: Anambas / Natuna / Mangkai / Subi Besar / Merundung islandsarea. Pirates normally armed with guns / knives and / or machetes.Generally be vigilant in other areas. Many attacks may have goneunreported. Pirates normally attack vessel at night. When spotted, piratesusually abort the attempted boarding.

Malacca Straits: Although the number of attacks has dropped due to theincrease and aggressive patrols by the littoral states authorities since July2005, ships are advised to continue maintaining a strict anti piracy watchwhen transiting the straits. Currently, there are no indications as to howlong these patrols will continue or reduce.

EagleSpeak: A Bangladesh piracy problem

www.eaglespeak.us/2006/06/bangladesh-piracy-

problem.html --Pirates killed six fishermen and looted 200

trawlers in the Bay of Bengal during the last two months

creating panic among the fishermen. Besides, 40 fishermen

were abducted and 100 others injured in the attacks by the

pirates during the same period.Jahangir, Kamal-Suman, Rezaul

and BDR Kalam are the most notorious pirate gang leaders of

these areas and they have secret dens in the deep forest of

Sunderbans, they said.

Maritime piracy in Southeast Asia and Bangladesh, 1992-

2006: a prismatic interpretation of security-Southeast Asia

and Bangladesh are at present global hot-spots of pirate attacks

on merchant vessels and fishing boats. An examination of

contemporary piracy is important because it can be understood

as both a symptom and a reflection of a range of geo-political

and socio-economic problems and security concerns.

www.virginia.edu/colp/.../Piracy-and-Maritime-Crime-NWC-

2010.pdf..

CHAPTER EIGHT. Piracy in Bangladesh: What Lies Beneath?

by Samuel Pyeatt

100 fishermen hurt, valuables looted in a mass piracy in ...

neptunemaritimesecurity.posterous.com/100-fishermen-hurt-valuable…6 Jan 2011 – ... and valuables from 40 trawlers looted in a mass piracy in Sundarbans under SharankholaUpazila, Bangladesh on Wednesday midnight.

Incidence of sea piracy in Bangladeshwaters drops-www.thefinancialexpress-bd.com/2009/04/11/63678.html—2011 CHITTAGONG, April 10 (BSS): The crimes against vessels in Bangladesh waters have declined substantially

IMB Report 2003-20122003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Indonesia 121 94 79 50 43 28 15 40 46 81

Malacca

Straight

28 38 12 11 07 02 02 02 01 02

Singapore

Straight

06 09 03 11 06

Malaysia 05 09 03 10 09 10 16 18 16 12

Bangladesh 58 17 21 47 15 18 18 23 10 11

India 27 15 15 05 11 10 12 05 06 08

GOAA 18 08 10 10 13 92 117 53 37 13

Somalia 03 02 35 10 31 19 80 139 160 49

Photograph by ReCAAP

Date of

Incident

Name of Vessels

(Flag)

Time of

Incident

Time of

Reporting

to CG

Action taken by CG Items stolen Remarks

03 Apr 11 MV BANGLAR

SHIKHA

(Bangladesh)

0245 0300 No boat found. 01 Mooring Rope Suspected false call

04 Apr 11 MV SIAM TOPAZ

(Bahama)

0110 0120 Recovered 02

Mooring ropes and

handed over to ship

02 Mooring Rope Informed to Focal Point

04 Apr 11 MV BANGLAR URMI

(Bangladesh)

0425 0425 No boat found. 02 Mooring Rope Suspected false call

14 Apr 11 MV AFRICAN

WILDCAT

(Bahama)

0100 0120 No boat found. 05 Mooring Rope Suspected false call

23 Apr 11 MV ALBUS

(Turkey)

2045 2053 No boat found. 01 Mooring Rope

and 01 Life Buoy

Suspected false call

13 May 11 MV FRISIA LAHN

(Liberia)

0325 - Recovered 01

Berthing Hawser

&handed over

04 Berthing Hawser Informed to Focal Point

11 Jun 11 MV BLUE GREEN

TIGRE (Marshal

Island)

2330 2350 No boat found. 03 Mooring Rope Suspected false call

01 Jul 11 MV GULF AHMADI

(Marsi)

0120 0130 Recovered missing

rope & handed over

200 meter Mooring

Rope

Informed to Focal Point

04 Aug 11 MV PACIFIC FUTURE

(Belize)

2225 2330 Recovered missing

rope & handed over

01 Mooring Rope Informed to Focal Point

06 Aug 11 MV HONKONG STAR 0435 0630 Apprehended 01 boat

with 04 thieves

- Informed to Focal Point

10 Oct 11 MV BHATRA BHUM 1030 1035 Apprehended 04

thieves with boat

-

Informed to Focal Point

16 Oct 11 MV SAIGON

PRINCESS

0120 0135 - 05 Mooring Ropes Suspected false call

Response: Coast Guard verified the

alleged petty theft report of MV KIRAN

AMERICA that took place on 15 Feb 2013

and found that the ship neither reported

the matter to Bangladesh Coast Guard nor

to Port control. There was no boarding in

the reported incident.

15.02.2013: 0210 LT: POSN: 22:15N – 091:42E, CHITTAGONG ANCHORAGE,

BANGLADESH.

ROBBERS ARMED WITH LONG KNIVES BOARDED AN ANCHORED BULK CARRIER VIA

THE ANCHOR CHAIN. ALERT DUTY A/B NOTICED THE ROBBERS AND RAISED THE

ALARM. THE ROBBERS THREATENED THE A/B WITH THE KNIVES AND THEN ESCAPED

WITHOUT STEALING ANYTHING. IT IS SUSPECTED THAT THE SIX SHORE WATCHMEN

ONBOARD THE VESSEL MAY HAVE OPENED THE ANCHOR CHAIN COVER TO LET THE

ROBBERS ONBOARD.

Response: According to the Master of the ship, theincident of petty theft on board MV JASMIN EXPRESStook place between 180300-180345 hours. CoastGuard patrol ship was only 1.8 miles away from the shipduring the time of alleged incident and reached to thespot within 12 minutes of the call. The master could notconfirm whether the pirates really boarded his ship. Theship did not keep any watchman on board. Moreover,the incident of alleged petty theft was brought to thenotice of Coast Guard after a delay of about one hour. Itis worth mentioning that Coast Guard patrol ship is inpractice of making periodic broadcast in every 30minutes asking ships without watchman to report butMV JASMIN EXPRESS never responded to such calls.

18.02.2013: 0400 LT: POSN: 22:11.1N – 091:46.0E, CHITTAGONG ANCHORAGE ‗C‘,

BANGLADESH.

AFTER STS DISCHARGE OPERATIONS A PRODUCT TANKER ANCHORED WHILE

AWAITING FURTHER OPERATIONS WHERE IT WAS DISCOVERED THAT TWO STS

MOORING ROPES WERE STOLE / MISSING. COAST GUARD INFORMED.

In South Asia, the improvement was most evident in the

Arabian Sea and Bangladesh. No incident was reported in

the Arabian Sea in 2012, and the lowest number of incidents

was reported in Bangladesh in 2012 compared to the past

four years (2008-2011). The ReCAAP ISC commends the

actions undertaken by the Indian and Bangladeshi authorities

in their surveillance and anti-piracy efforts carried out in the

area.

ReCAAP ISC

Annual Report

In 2012, a total of 11 incidents were reported at the port andanchorages of Bangladesh. Compared to the same period in thepast four years (2008-2011), there has been an improvement in thesituation at the port of Chittagong, Bangladesh in 2012. Most of theincidents were petty theft.

Of the 11 incidents, six were petty theft incidents, three wereCategory 3 incidents and two were Category 2 incidents. Of the 11incidents reported during 2012, the authorities had successfullyapprehended the robbers and recovered the stolen items in twoincidents involving OXL Lotus and Andakini. This was a result oftimely reporting by the master to the port authorities, and theresponsiveness of the Bangladesh

Coast Guard who dispatched their patrol vessels to the location ofthe incident.The ships crew always engage themselves in the bartertrade during dark hours of the night. The small boats comealongside the ships for barter trading of fresh provisions like fish,meat and vegetables in exchange for items onboard vessels such asmooring ropes, drums of paint, lubricant oil etc are commonlycarried out in connivance with ships crew.

Restriction on fishing during spawning/breeding season and juvenile catch-1 Nov to31st May every year. 40kg of rice is given toeach family

Most of the times Ships pass through the net,cut into two pieces and carries along with itspropeller and denying means of livelihood

Bangladeshi fishing trawlers trawling inrestricted waters-Loss of nets and lesser fishcatch may turn fishermen to robbery/ so calledpiracy

Supply of Fibre Reinforced Plastic (FRP) boatsunder Emergency Cyclone Restoration andRecovery Project (ECRRP)

Crab fattening project, Seaweed farming, Copra

Indian authorities advisory indicated that dense fishing

activity may be encountered off the west coast of India.

Generally local fishing boats equipped with outboard motor

with about 4-5 fishermen may cast their nets up to 50nm or

more from coast. Merchant vessels approaching the fishing

nets may encounter fishermen trying to protect their nets

by chasing away the merchant vessels. These fishermen

should not be mistaken for Somali pirates or PAGS in

skiffs. Masters should report any suspicious boats to

MRCC Mumbai /Indian Coast Guard or Navy and IMB Prc.

If possible photographs should be taken.

CALLS ON ALL STATES TO CRIMINALIZE

PIRACY UNDER DOMESTIC LAW,

FAVOURABLY CONSIDER

PROSECUTION OF SUSPECTED AND

IMPRISONMENT OF CONVICTED

PIRATES CONSISTENT WITH

APPLICABLE INTERNATIONAL HUMAN

RIGHTS LAW

Adoption of best management practices

Integrated conservation-development programs (ICDP)

Legislative advice and Capacity building for National Institutions

Prosecution and punishment of pirates

Introduction of Social security net

Building Maritime Domain awareness

Regional Cooperation Mechanism

Response to families of Hijacked sea farers

―We know what would happen if we

do not do anything to stem out

piracy. We know what to do and

how to do. So let‘s do it now and

make it happen‖