2 Somali piracy
Who are the pirates and how do
they operate?
5. Somali pirates are usually characterized in
one of two ways. The first description of the pirate groups accords
to a broadly sympathetic narrative in which they are former fishermen
who were forced to protect their waters from illegal fishing and
dumping of waste following the breakdown of order in Somalia.
Some of the pirate groups encourage this description, even naming
some of their groups as the 'coastguard' and making reference
to the acts of piracy as a kind of 'tax' on the illegal fishing
vessels.[5] However, the
UN Monitoring Group on Somalia[6]
noted that only 6.5% of Somali piracy attacks have been against
fishing vessels: the vast majority of piracy over the last four
years has been against larger, merchant vessels carrying goods
between east and west.[7]
An alternative view of the pirate groups is less romantic, depicting
the groups as "simple maritime criminals",[8]
many of whom were never fishermen but rather were attracted by
the lucrative illegal gains from piracy, and who have established
a large-scale criminal enterprise which is actively harming development
in Somalia. Captain Reindorp, Head of the Defence Crisis Management
Centre at the Ministry of Defence (MoD), agreed with this view,
stating: "The early days of what press reports and academic
works describe as subsistence pirates, who go to sea because they
have had their livelihood taken away from them, are long gone."[9]
6. There are thought to be between 1,500 and
3,000 pirates operating off the coast of Somalia.[10]
Saferworld, a non-governmental organization which works with grassroots
organisations in Somalia, conducted focus groups in Somalia to
find out more about the pirates and the Somali communities' view
of piracy. Their respondents describe the pirates as men with
few options, who are lured by the benefits of crime:
today's pirates range in age from about 15 to 30
and are almost entirely male. [
] most pirates are uneducated
and unskilled and many come from rural communities where they
find it increasingly difficult to make a living from tending livestock.
For these young men, [
] piracy offers the possibility of
getting rich quick and enjoying associated benefits of a more
affluent lifestyle, marriage and increased khat use.[11]
7. Captain Reindorp noted that these men are
merely the 'foot soldiers' of piracy who are at the bottom of
an investment chain.[12]
Somali investors (who, as one witness to this inquiry noted, "could
be serious businessmen or, as we found recently, a 19-year-old
with his cousin") finance pirate operations and receive a
return once ransoms are delivered.[13]
Many experts also believe that some groups have sponsors abroad
who receive a substantial share of the proceeds.[14]
The role of investors is considered in greater detail in paragraphs
116-118.
8. The pirates' area of operation has now extended
far beyond the coast of Somalia into the Indian Ocean; for the
purposes of this report, 'piracy off the coast of Somalia' and
'Somali piracy' will be taken to refer to piracy committed by
groups whose base of operations is on the Somali coast. The piracy
conducted by Somali groups is not traditional maritime piracy,
which involves hijacking a ship and stealing it and/or its cargo.
Somali pirate groups capture vessels in order to hold the ship,
cargo and crew hostage and to demand a ransom from the ship owners
or their families. As stated by European Union Naval Force (EUNAVFOR)
Operation Commander Major General Howes:
This is not piracy in the classic sense that Emperor
Augustus, Pliny and raiders off the Barbary Coast in 1753 would
recognise. It is hostage and ransom.[15]
9. Captain Reindorp provided a description of
how pirates attack:
Most attacks occur either from a single skiff, a
small vessel, or from two skiffsgenerally not more than
that. Each skiff contains between two and six pirates. They are
armed with a range of weapons, normally small arms, ranging from
the traditional AK47s to RPGs.[16]
They will manoeuvre one of the skiffs to come alongside the vessel
and they will throw up a line on a hook, a grappling rope or some
form of apparatus by which they can climb up on to the freeboard
of the ship. If they are detected during that, they will usually
fire at the ship, generally in and around the bridge, aiming either
to get the master to slow down or to clear their way on to the
freeboard. Once they have got on to the ship, they will proceed
to the bridge and take it over.[17]
10. However, Captain Reindorp cautioned that
there was no "typical attack" and that Somali pirates
had proven to be very adaptable. Following a successful attack,
pirates will steer the vessel toward anchorages on the Somali
coast and open a negotiation with the shipowner or, in the case
of private yachts, they will contact the hostages' families. Negotiations
are usually conducted via satellite phone and can typically take
between three and 12 months.
11. One example of the pirates' flexibility is
their adoption of 'motherships', vessels that are larger than
skiffs and can carry fuel and food, allowing pirates to extend
both the time they can spend at sea and their area of operations.
Such motherships are often themselves pirated vessels. Motherships
have become a focus of anxiety in the industry. A number of submissions
called for governments to act against motherships, and Baltic
Exchange (a maritime membership organisation) told us about their
effect:
some Baltic Exchange members have had cause to extend
the zone where they consider their vessels to be under threat
to 1,400 miles around the region. The use of motherships also
makes pirate operations 'weather-proof' as they are able to provide
shelter to pirate skiffs. As the monsoon season approaches pirate
attacks would normally abate. This year, for the first time, there
has been no reduction in the number of attacks as a consequence
of seasonal change.[18]
12. We note the recent abductions of European
tourists and aid workers close to the Somali border in Kenya,
prompting speculation in the media that Somali pirates may be
expanding their activities. In the first of these attacks, a British
man was killed and his wife, Judith Tebbutt, abducted. She is
still being held hostage. In the interests of her safety, we will
not comment further on these abductions in this report.
VIOLENCE
13. Several submissions to our inquiry expressed
concern about violence against hostages, including the use of
torture.[19] Until recently,
while hostages undoubtedly underwent difficult experiences and
psychological pressure, they were not routinely physically harmed
by pirates. However, over the last year there have been growing
numbers reporting violence and mistreatment. Fifteen seafarers
have died so far in 2011, including the killing of four US hostages
on the hijacked yacht the Quest during a negotiation.[20]
One witness attributed this disturbing change to "an increasing
degree of criminality, as opposed to desperation, if you like,
in the piracy problem".[21]
Impact of piracy off the coast
of Somalia
14. Somali piracy is a major issue for the world
economy. 90% of the world's traded materials moves by sea, and
40% of thisaround 28,000 ships annuallypasses through
the Indian Ocean, Gulf of Aden and Arabian Sea.[22]
Globally, when the cost of insurance premiums, prosecutions, deterrent
and security equipment and the macroeconomic impact on regional
states is taken into account, the annual cost of piracy has been
estimated at between $7 and $12 billion.[23]
Graham Westgarth, Chairman of INTERTANKO, the international association
of independent tanker owners, was quoted in March as saying:
Piracy is out of control. The pirates' extended reach
through the use of hijacked merchant ships (so-called mother ships)
means that for tankers coming from the Gulf, there is no longer
an optional route to avoid the risk of hijacking. [24]
15. Somali piracy also has the potential further
to destabilize an already precarious situation in Somalia and
affect the surrounding region. FCO Minister Henry Bellingham noted
that piracy "perpetuates instability in Somalia and threatens
the economies and well-being of other states in the region."[25]
Major General Howes agreed, stating that Somali piracy was "becoming
a vector of instability" in the region, and that:
in Nairobi, there is a very noticeable increase in
criminality and violence as a consequence of the Somali diaspora
and the very significant sums of money that are starting to flow
in there. There is a geopolitical dimension to this.[26]
16. Somali piracy may also pose a potential threat
to international security. There are fears that piracy may contribute
to further conflict and acts of terrorism. Some observers have
suggested that some of the ransom money is going to the al-Qaeda
linked terrorist group al-Shabab to fund its fight against the
UN-backed Transitional Federal Government (TFG).[27]
A recent note by the International Institute for Strategic Studies
noted a "growing synergy" between pirates and al-Shabab,
stating that although the groups remained separate in aims and
ideology, al-Shabab's need for new funding sources and its control
of the port of Kismayo has allowed for "taxation and limited
co-operation between the groups".[28]
However, the Committee has received no evidence of a link between
piracy and terrorism and Dr McCafferty, Head of Counter-Terrorism
and UK Operational Policy at the MoD, told us that "there
has not been any evidence of a link between the pirates and al-Shabab,
the terrorists in Somalia".[29]
Mark Brownrigg, Director General of the Chamber of Shipping, also
noted Somalia's positioning at the edge of the Gulf of Aden in
terms of energy imports and energy security for the world.[30]
17. Other witnesses and submissions drew our
attention to the "human cost" of piracy; over 3,500
seafarers have been taken hostage and 62 have been killed in the
last four years, leading the campaign group Save our Seafarers
to state that: "Those employed on ships trading these routes
are exposed to the acute risk of suffering severe harm at the
hands of the Somali pirate criminals."[31]
Nautilus International[32]
noted that as a consequence of these risks, the International
Transport Workers Federation resolved in June 2011 to establish
a planning task force on a call for seafarers to refuse to sail
in the area.[33]
IMPACT ON THE UK
18. Piracy off the coast of Somalia has so far
directly affected very few British citizens. Paul and Rachel Chandler,
who gave evidence to our inquiry, are high profile exceptions
to this, but since 2007 only three British owned and registered
('flagged') ships have been hijacked:
- the yacht Lynn Rival was hijacked
on 23 October 2009, the yacht's British owners, Paul and Rachel
Chandler, were taken hostage and held on shore for over a year
before being released on 14 November 2010;
- the chemical tanker MV St James' Park was hijacked
on 28 December 2009 with a non-British crew of 26 on board. It
was released on 14 May 2010, and
- the vehicle carrier MV Asian Glory was hijacked
on 1 January 2010 with a non-British crew of 25 on board. It was
released on 11 June 2010.[34]
Two further vessels that were managed by UK companies
but sailed under different states' flags were hijacked in 2009
and 2010.[35]
19. Industry organisations argued that Somali
piracy particularly affects British economic interests. The submissions
we received emphasised the UK's interests as a maritime and trading
nation, as well as one with substantial commercial interests through
insurance, banking and legal sectors. This argument was put most
strongly by Baltic Exchange, a maritime association:
Given the particular importance of the global maritime
industry to the UK economy, combating piracy should be a major
priority for the UK Government. The UK sits at the centre of the
global shipping trade. A report by Oxford Economics (commissioned
by Maritime UK) recently calculated that the total contribution
of the maritime services sector to the UK economy (including direct,
indirect and induced impacts) stands at £26.5bn or 1.8% of
GDP. Aside from direct shipping interests, the maritime sector
constitutes a major component of the UK insurance, banking and
legal sectors. Whilst the number of ships travelling through the
Gulf of Aden under a British flag is relatively low compared to
other nations, a very large proportion of ships travelling that
route are insured in the UK, regardless of their nationality.
The cost of ransoms to insurers per year is currently estimated
at $350 million per year. The global indirect economic cost of
piracy has been estimated as being between $8 billion and $12
billion, and the UK will account for a sizeable portion of that
figure. Piracy is therefore very much a British problem.[36]
The Chamber of Shipping, a trade association for
the UK shipping industry, also emphasised the particular vulnerability
of the UK as "both as an island and a maritime trading nation",
which "is exposed to the risks of piracy owing to the high
levels of essential imports of all types which transit the High
Risk Area through the Gulf of Aden and across the Indian Ocean".[37]
20. In a speech to the Chamber of Shipping, the
The Minister Henry Bellingham noted that the turnover of the British
shipping industry is worth £10.7 billion of the UK's GDP,
and stated that "the crimes committed on the high seas off
the coast of Somalia [
] have a direct impact on the UK's
security, prosperity and the lives of British people."[38]
Piracy
off the coast of Somalia has escalated over the last four years
and is a major concern for the UK. The threat is not primarily
to UK ships as very few have been captured. Rather, the threat
is to the UK's economy and security. Piracy affects the UK's banking,
insurance and shipping industries, and threatens the large volume
of goods which are transported to the UK by sea. In light of these
concerns, and as a state whose strengths and vulnerabilities are
distinctly maritime, the UK should play a leading role in the
international response to piracy.
5 See, for example, "Robbery on the High Seas
Too Lucrative to Refuse", Spiegel Online, 16 June
2011, spiegel.de, "Somali pirates tell their side: they only
want money", New York Times, 30 September 2008, nytimes.com. Back
6
A UN panel of experts that monitors compliance with the embargoes
on the delivery of weapons and military equipment to Somalia and
Eritrea, and investigates all activities-including in the financial
and maritime sectors-which generate revenue that is then used
to break the Somalia and Eritrea arms embargoes. (http://www.un.org/apps/news/story.asp?NewsID=39196
) Back
7
"Somali Pirates' Rich Returns", Bloomberg Businessweek,
12 May 2011, Businessweek.com. This trend was corroborated
by a submission to our inquiry, which put attempted attacks against
fishing trawlers at 3%, compared to 27% against bulk carriers,
Ev 17 para 1.1. Back
8
Q 131 Back
9
Q 130 Back
10
Estimations vary as to the number of pirates. The Jack Lang report
estimates that there are around 1,500, while the Economics of
Piracy report provides estimates for 1,500 and 3,000 pirates.
Back
11
Ev 115 para 6. Khat is a leaf stimulant popular across East Africa. Back
12
Q 130 Back
13
Q 62 Back
14
See, for instance, "The Economics of Piracy",
Geopolicity, May 2011, geopolicity.com. Back
15
Q 84 Back
16
AK47s are automatic rifles; RPGs are Rocket Propelled Grenades. Back
17
Q 113 Back
18
Ev 109, para 4.2 Back
19
Save our Seafarers Ev 129; Nautilus International Ev 102, para2.2;
Chamber of Shipping Ev 62, para 5 Back
20
"Piracy News and Figures", International Maritime Bureau
Piracy Reporting Centre, icc-ccs.org. Back
21
Q 24 Back
22
Ev 128 Back
23
"The Economic Cost of Maritime Piracy", One Earth Future
Working Paper, December 2010, oceansbeyondpiracy.org. See also
Ev 114, para 3.1 Back
24
"Piracy: High Crime on the high seas", Lloyds,
28 Mar 2011, lloyds.com Back
25
Q 235 Back
26
Q 92 Back
27
This has been noted in public by a number of US figures, including
former U.S. ambassador to the United Nations John Bolton (see:
"Treat Somali Pirates Like Terrorists", Washington
Post, 14 October 2011), CIA director Leon Panetta (see "Somali
militants aiming to attack abroad: CIA chief", AFP,
8 June 2011), and Baroness Ashton, who told us that links between
al Shabab and pirates were "a worry at the present time";
see oral evidence taken before the Foreign Affairs Committee on
21 November 2011, HC (2010-12) 1642-i, Q 41. Back
28
International Institute for Strategic Studies, 'IISS Strategic
Comments', Vol 17, Comment 40, November 2011 Back
29
Q 193 Back
30
Q 18 Back
31
Ev 129 Back
32
A trade union and professional organisation representing maritime
professional staff. Back
33
Ev 106; International Transport Workers' Federation, Seafarers
Section Meeting, 'Motion on Somali Piracy', 13-14 June 2011 Back
34
HC Deb, 26 January 2010, col 838W Back
35
The Ariana, a bulk carrier with a Maltese flag was hijacked in
2009 and the Talca, a Refrigerated Cargo ship sailing under a
Bermudan flag was hijacked in 2010. See written evidence from
the International Maritime Bureau, Ev 131. Back
36
Ev 107, para 2.2 Back
37
Ev 62, para 3 Back
38
Henry Bellingham MP, Parliamentary Under-Secretary of State, speech
to the Chamber of Shipping, 12 Oct 2011 Back
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