Memorandum by the Foreign & Commonwealth
Office
Letter from Chris Bryant MP, Minister
for Europe
I note the Committee has asked how the agreement
between the EU and Kenya is working and are interested in hearing
if negotiations on similar agreements are under way with other
countries and the status of the agreement with the Seychelles.
The arrangements are working well. Kenya has raised concerns regarding
the number of suspected pirates handed over to them but are pleased
with support from the international community that means Kenya
is given the necessary assistance in order to effectively manage
the issue of pirate suspects. Kenya also recognises that along
with the Seychelles, they are proactively responding to a regional
challenge.
With support from the UN Office of Drugs and Crime
(UNODC), the EC has provided €1.75 million funding for a
judicial capacity building programme. Assistance provided in relation
to prosecution and prison standards is enhancing Kenya's capacity
to deal with the high level of demand. We are grateful for the
support being offered by Kenya and more recently by the Seychelles.
Piracy is a challenge for the region, and all regional countries
have committed themselves through the Djibouti Code of Conduct,
signed in January 2009 to implement legislation against piracy
and to then prosecute pirate suspects. A total of 117 suspect
pirates have so far been transferred to Kenya for prosecution,
of which 75 were transferred by the EU (Kenya has prisoner transfer
agreements with other countries). Ten of those pirates have been
convicted and 107 are on remand awaiting trial.
The Government of the Seychelles signed a bilateral
Memorandum of Understanding (MOU) with the UK on 27 July 2009
to accept the handover of pirate suspects. This is an important,
direct response to the threat of Somali piracy to the Seychelles'
economic interests, which include maritime tourism and fishing.
The EU in October 2009 agreed to an Exchange of Letters with the
Seychelles allowing EU forces to handover pirate suspects to the
Seychellois. The UK is continuing in its efforts to identify other
countries that could accept suspected pirates for prosecution
and detention, if found guilty. However this is a complex area
as we need to satisfy ourselves that inter alia human rights assurances
have been met. Discussions about prospects for establishing similar
arrangements with a number of countries in the region are continuing
but no formal negotiations are taking place.
7 December 2009
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