RESEARCH REPORT COMMITTEE: INTERNATIONAL SECURITY COUNCIL ISSUE: FIGHTING AND PREVENTING PIRACY IN THE SOUTH CHINA SEA REGION CHAIRS: NAHOMI DELTOMBE, ANISSE SMILI

30.11 – 02.12

 

INTRODUCTION

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KEY TERMS

The International Security Council is the organization that addresses the maintenance of the International Peace and Security according to the UN Charter. Its role is to take the lead in de-termining the existence of a threat to the peace or act of aggression. In some cases, the Secu-rity Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security.

South China Sea region is seen as a two-headed area, divided into a continental North, and a maritime South. It is a hub, a key trading area, between the Indian Ocean and the Pacific, at the crossroads of different interests, both local and international. Trade here represents one third of the global maritime transport. Wealth has led to security issues predominantly due to piracy.

Maritime piracy is characterised by any illegal acts of violence, detention or depredation committed for private ends directed by the crew or the passenger of a private ship and di-rected on the high seas against another ship.

Piracy is a major problem for international relations and the ISC is currently looking for solu-tions to eradicate the threat of piracy.

MARITIME PIRACY: Any illegal acts of violence, detention or depredation by the crew or the passengers of a private ship against another ship, or against persons or property onboard such a ship in a place outside the jurisdiction of a state. It includes voluntary participation in the operation of a ship deemed a pirate ship.

INTERNATIONAL MARITIME ORGANIZATION (IMO): This is a specialized agency of the United Nations, the global standard-setting authority for international shipping. Its main aim is to create a regulatory framework for the shipping industry that is fair, effective, universally adopted and implemented. Its role is to create a level playing-field so that ship operators cannot compromise on safety, security and environmental performance.

INTERNATIONAL MARITIME BUREAU (IMB): This is a specialised division of the International Chamber Of Commerce (ICC). The IMB is a non-profit making organisation, established to act as a focal point in the fight for the integrity of international trade against maritime crime and malpractice.

 

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TIMELINE OF EVENTS

REGIONAL COOPERATION AGREEMENT ON COMBATING PIRACY AND ARMED ROBBERY AGAINST SHIPS IN ASIA (RECAAP): This is the first regional government-to-government agreement to promote and enhance cooperation against piracy and armed robbery in Asia.

UN CONVENTION ON THE LAW OF THE SEA (UNCLOS): This is the agreement resulting from the third UN Conference on the Law of the Sea (1982), establishing a comprehensive regime of law and order in the world's oceans and seas establishing rules governing all uses of the oceans and their resources.

STRAITS OF MALACCA: This is a really tight maritime corridor (800km) between the Malay Peninsula and the Indonesian island of Sumatra. This is one of the most important shipping lanes having a huge impact in the world economy. The straits of Malacca and Singapore connect the Indian Ocean with the South China Sea, the shortest route for tankers trading between the Middle East and East Asian countries.

14th century : Pirates crews help the prince Parameswara to found the Sultanate of Malacca.

15-19th century : With the arrival of foreign powers (Portuguese, Dutch and British), power struggles develop in Malaysian waters.

18-19th century: Spice trade with Europe leads to increased piracy.

 

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MAJOR COUNTRIES AND ORGANISATIONS INVOLVED

From 1830: Collaboration between British and Dutch to eradicate piracy. 1982: The United Nations Convention on the Law of the Sea (UNCLOS),

official ships of all states can seize known pirate ships on the high seas, signed by 158 nations. It enshrines the notion that all problems of ocean space are closely interrelated and need to be addressed as a whole.

1992: The International Maritime Bureau (IMB), a division of the International Chamber of Commerce (ICC), establishes the IMB Piracy Reporting Centre, based in Kuala Lumpur, Malaysia, to track pirate attacks around the world.

1998: Political unrest in Indonesia, surge in piracy in the Strait of Malacca. 2000: Piracy peaks worldwide, with a reported 469 attacks during the year; 65 percent of

the attacks occurred in Southeast Asia. 2004: Under the Regional Cooperation Agreement on Combating Piracy and Armed

Robbery against Ships in Asia (ReCAAP), Malaysian, Indonesian, and Singapore naval forces begin to work together to combat piracy.

2012 : While the most severe attacks occurred in Malaysia, 78 percent of the incidents this year took place at Indonesian ports and concerned petty thefts. Of 85 incidents with a known location, 66 occurred in Indonesia, 10 in Malaysia, 3 in the Philippines, 2 in Singapore and 4 in Vietnam.

2014 : A new piracy strategy of specifically targeting oil and diesel tankers emerged, new concern about the revival of piracy in the Straits of Malacca.

Indonesia, Malaysia, Singapour, Thaïland: countries directly affected by the piracy and which cooperate, eg joint patrols.

USA, Japan, China, India: most powerful extra regional countries linked with the issue and thus provide funds and logistic support to affected states.

The International Maritime Bureau (IMB): specific department of the International Chamber of Commerce (ICC). The IMB fights crimes related to maritime trade, particularly piracy, defined « piracy » in 1992.

The International Maritime Organization (IMO) : agency of the UN in charge of guaranteeing safety and security in the maritime domain.

North Atlantic Treaty Organization (NATO) : intergovernmental military alliance based on the North Atlantic Treaty (1949) a system of mutual defense and security.

 

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BACKGROUND INFORMATION

Interpol : world’s largest international police organization, composed of 190 member coun-tries, this organization’s aim is to enable police around the world to work together, in order to make the world a safer place.

Reporting Center (PRC) : based in Kuala Lumpur, relays and shares information concerning piracy in South East Asia in order to improve the communication and reduce the number of attacks.

Regional cooperation agreement on combated piracy and armed robbery against ships in Asia [Information Sharing Center] (RECAAP ISC): regional government-to-government agreement to promote cooperation against piracy and armed robbery in Asia (20 countries involved).

The issue of piracy in South-east Asia became much more important in 2010 as the resur-gence of piracy started around this date. A drop of the numbers of attacks was observed around 2004 due to the mobilisation and cooperation of coastal countries, the increase of the number and frequency of patrols thanks to the money and means that were brought by extra-territorial actors (such as Japan, USA, China) but it is also rumoured that the violence of mari-time police intimidated pirates. We can also link this decrease with the natural catastrophe of the 2004 tsunami which destroyed numerous small boats, including those used for piracy acts. This decrease also resulted with modifications in the modus operandi of the pirates: smaller boats were therefore principal targets, the attacks lasted less time and avoided kidnapping and taking of hostages. However by 2010 an increase of 65% of pirates attacks was reported in this area. The shifting of the piracy zone’s centre (now located in South-east China sea, along the east Malaysian coasts, around the Singapore straits) marks the renewal of South East Asian piracy. Such delocalisation was possible with the change of the pirates’ modus operan-di, experts suggests that attacks are now better prepared, using a “mother-boat” which allows a better mobility and centralized communication for groups of assailants. The modus operandi involves surprise attacks at night-time, mostly when boats are at an-chorage or right after they have passed the Malacca or Singapore straits. The crew members become hostages, the pirates plunder the entire boat (personnel goods, money, sometimes fuel and equipment). The whole operation lasts between 15 and 20 minutes.

 

MAIN CAUSES

SOLUTIONS, THE FORESEEN FUTURE

Another sign of the 2010 resurgence is the incredibly quick increase of small tanker attacks. The pirates are looking for fuel, marine diesel and gasoil that they can easily steal and sell. A noticeable change is the decline of boat hijackings. The U.S. Merchant Marine estimates that global piracy costs shippers $4.9 billion to $8.3 billion a year. Half of the world's attacks now take place in the waters of Indonesia, Singapore and Malaysia.

Many factors can explain this sudden increase and even the piracy in general in the South East Asia area :

- economic ones: high unemployment rate, economic crisis, lack of resources, overfish-ing (industrial fishing techniques) leaving fishermen unemployed - geographic ones: marginalized territories, numerous micro islands where pirates find shelter, main waterway for boats - demographic ones : overpopulation and migration - political ones: governmental instability, local scale corruption.

Piracy has only recently been considered as a priority. Regional governments did not take any

measures until 2004.

Starting in 2004, an important mobilisation of the coastal countries aware of the danger repre-

sented by piracy, followed by reinforcement of maritime joint patrols (Malacca Straits Patrols)

and aerial surveillance (Eyes in the Sky [EiS]).

Moreover many local organisations specialised in the matter were created, ( ReCAAP, PRC (cf

main organisations involved)) to promote a better communication between the states and a

proper inventory of the attacks in this zone.

 

SOLUTIONS, THE FORESEEN FUTURE

BIBLIOGRAPHY AND MORE INFORMATION

Piracy in South China Sea can only be reduced if the core causes are known and addressed.

There are many potential solutions to solve this issue, and the two most obvious being :

- dealing with the main causes of poverty and unemployment in the coastal countries.

- severe sanctions for piracy to deter potential pirates, agreed on by each state.

− http://cimsec.org/piracy-south-china-sea-petty-theft-indonesia-kidnapped-ships-

malaysia/12899 − http://www.imo.org/en/About/Pages/Default.aspx − http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf − http://www.un.org/press/fr/2012/CS10820.doc.htm − http://www.interpol.int/Crime-areas/Maritime-piracy/Maritime-piracy − http://www.cnbc.com/2014/09/15/worlds-most-pirated-waters.html − http://www.un.org/press/fr/2012/CS10820.doc.htm − http://www.recaap.org/AboutReCAAPISC.aspx − http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/infos-pratiques/risques/piraterie-

maritime-20996/ − http://www.lemonde.fr/asie-pacifique/article/2014/07/16/nouvelle-attaque-de-pirate-contre-

un-petrolier-en-mer-de-chine_4458084_3216.html − http://www.sciencespo-

tou-louse.fr/servlet/com.univ.collaboratif.utils.LectureFichiergw?ID_FICHIER=1321284121677&ID_FICHE=23382