MARITIME SECURITY ISSUES ON THE EAST COAST OF AFRICA SAS DRAKENSBERG MOMBASA HARBOUR 26 NOVEMBER 2007 CONFERENCE REPORT

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1 QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. MARITIME SECURITY ISSUES ON THE EAST COAST OF AFRICA Introduction SAS DRAKENSBERG MOMBASA HARBOUR 26 NOVEMBER 2007 CONFERENCE REPORT A South African Navy Ship, the SAS Drakensberg, visited Kenya during late November and was in Mombasa harbour on the 26 th of November The SA Navy kindly consented that the ISS may host a one-day conference on board the SAS Drakensberg on this day and the Hanns Seidel Foundation agreed to fund the event. Rationale for the Conference This opportunity, to arrange a conference on board a SA Navy ship in Mombasa, presented a forum to further the mission of the ISS to enhance human security in Africa as well as that of the Hanns Seidel Foundation in the service of democracy, peace and development. Africa has many maritime interests, including trade and the use of its marine resources to support development on the continent. Unfortunately, these resources are illegally plundered by others (illegal, unreported and unregulated (IUU) fishing is an example) and free trade is hampered by phenomena such as piracy and organised crime. This is to the disadvantage of the people of the African continent. At the same time, little is being done in Africa to protect these interests and resources. The Common African Defence and Security Policy (CADSP), in addressing threats to peace, security and development pays little attention to the maritime dimensions thereof. The African Standby Force, as an instrument for the implementation of the CADSP, also does not address maritime forces or their contribution to African security and development. It is the opinion of the ISS that Africa needs to become more maritime conscious and needs to consider maritime matters at a continental and sub-regional level and not only as national issues. This opportunity allowed the ISS to further this debate and to specifically look at the role of maritime organisations and naval forces in supporting Africa s security and development.

2 Theme and Topics The main theme of the conference was Maritime Security Issues on the East Coast of Africa and topics included: Maritime Security in the Changing International Geo-Strategic Scenario and its Influence on the East Coast of Africa: Brigadier Ngewa Mukala, MBS, SS. Kenya Navy The Maritime Security Quandary in the Horn of Africa Region - Causes, Consequences and Responses: Cdr. (Dr) Thean Potgieter. South African Military Academy The Manifestation and Challenges to Combating Piracy on the East Coast of Africa: Dr Henri Fouché. Tshwane University of Technology The Importance of Fisheries Resources on the East Coast of Africa - The Protection of Resources in the Region through Joint Initiatives: Martin Purves & Marcel Kroese The Role of African Naval Assets in Support of the African Standby Force: Lt Col J. E. Karia. Tanzanian Navy Maritime and Naval Cooperation and Integration of Effort on the East Coast of Africa: Wilfred J. Kagimbi. Chief Surveyor & Receiver Of Wrecks, Kenya Maritime Authority Opening Address: HE Mr T.S. Msimanga, SA High Commissioner To Kenya After welcoming all on board the SAS Drakensberg, a bit of South African territory here in Mombasa harbour, Mr Msimanga stated that the security and development of the people of Africa were inextricably linked and that the one could not be separated from the other. In the pursuit of security and development for the people of Africa, access to resources and protection against ecological and environmental degradation were two major issues that had to be addressed. He stated that Africa had many maritime interests, including trade and the use of its marine resources to support development on the continent. Unfortunately, these resources were illegally plundered by others (fishing is an example), our seas were indiscriminately polluted destroying our marine assets and free trade was hampered by phenomena such as piracy and organised crime. This is to the obvious disadvantage of the people of the African continent. His Excellency submitted that to address these threats to the people of Africa it was important that African leaders take cognisance of these threats and become more maritime conscious. African maritime interests and maritime matters need to be addressed at a continental and sub-regional level and not only as national issues.

3 In closing Mr Msimanga expressed the hope that the conference would serve the better understanding of the relevant issues as well as to enhance commitment to collective approaches in the maritime sphere to serve the people of Africa. Maritime Security in the Changing International Geo-Strategic Scenario and its Influence on the East Coast of Africa: Brigadier Ngewa Mukala, MBS, SS. Kenya Navy Brigadier Mukala described the Indian Ocean Region (IOR) as an inherently unstable region where instability manifests most profoundly in the maritime domain. Terrorism, piracy and drugs and arms smuggling are well-entrenched phenomena within the region. There is also evidence of military brinkmanship in trouble spots of inter-state conflict. He described the major threats to the IOR as; threats to the sea lines of communication (SLOCS) especially at the maritime chock points; maritime terrorism; warlordism, gun-running; illegal immigration; piracy; smuggling and trafficking and illegal exploitation of ocean resources. In order to combat these threats and overcome the challenges posed, maritime and naval authorities had to cooperate more closely in their collective peacetime roles of maritime policing (in harbours, coastal areas and at sea), support to navigation, humanitarian aid, support to civil authority and resource management. He emphasized the role that the sea could play in income generation through activities such as fishing; gas, oil and mineral exploitation; salt production; energy production from wind and waves; leisure and tourism; and free trade areas. Brigadier Mukala submitted that the building blocks to achieving success in such cooperation were political will, an integrated legislative and regulatory framework, effective maritime assets (both sea and air) and integrated Command-and-Control systems and procedures. He suggested that the way forward should be to build awareness of the issues at stake, to build capacity, to advance command-and-control integration, to use a holistic, cooperative approach and lastly to permanently seek areas of national and regional cooperation. In his conclusion, Brigadier Mukala said that sustainable development of the African Exclusive Economic Zones (EEZs) was worth the investment. He emphasized the word investment as opposed to aid; highlighting that African States must take the lead in this endeavour. This required a multi-agency approach, as good coordination, co-operation and communication were essential. He ended by submitting the major role for navies as a force for good in protecting and advancing Africa s maritime interest.

4 The Maritime Security Quandary in the Horn of Africa Region - Causes, Consequences and Responses: Cdr. (Dr) Thean Potgieter. South African Military Academy Commander Potgieter concentrated his presentation on the theme of maritime security problems in the Horn of Africa region as well as possible responses. Due to general instability in the region, as a result of the many and persistent intra- and inter-state conflicts, the maritime scenario was characterised by lack of order at sea including piracy, dumping of hazardous waste and illegal fishing. In discussing the actual and potential responses for addressing these challenges at sea, Commander Potgieter stated that the navies of the region had an important peacetime function in support of the maintenance of good order at sea. As the concept of borders in the sea was problematic, this required good regional and sub-regional cooperation and integration. Although African countries should play a leading role in this regard, international support was also important due to the international nature of the sea and the general lack of maritime capacity in Africa. The Manifestation and Challenges to Combating Piracy on the East Coast of Africa: Dr Henri Fouché. Tshwane University of Technology Dr. Fouché started his presentation with statistical data on the manifestation of the scourge of piracy in the off the east coast of Africa. Whereas piracy has shown a steady decline internationally since 2001, it has increased on the east coast of Africa to a high of 53 incidents in 2005 and is currently at 49 incidents for So far, 26 incidents have occurred off the Somali coast in He stated that piracy and armed robbery against ships present a serious threat to the lives of seafarers, the safety of navigation, the marine environment, the security of coastal states and the right of innocent passage in areas under the sovereignty of a coastal state. Combating piracy requires partnerships for capacity building in law enforcement and legislation; development of standard reporting procedures; development of both global and regional information bases; co-operation between coast guards and training and exchange of information on experiences. After briefly discussing the various mechanisms and protocols for security cooperation in the East African Region, he concluded that: Because of the long coastlines and enormous area of the EEZ's of countries south of the Sahara it is important that African countries share intelligence and co-ordinate their maritime surveillance and reconnaissance activities. A maritime agenda needs be placed firmly on the African Union calendar.

5 Africa's naval capabilities need to be assessed and appropriate elements placed at the disposal of the AU Standby Force. The SADC alliance needs to provide assistance to Tanzania in preventing and combating the present increased attacks against ships in Tanzanian waters. It is suggested that SARPCCO could provide a vehicle for the establishment of anti-piracy units within the police forces of SARPCCO to carry out joint anti-piracy patrols. If African states respond to the call by the President of the United Nations Security Council to assist in combating piracy and armed robbery against ships in Somalia it will go a long way to normalising the current out of control situation. Interpol's Sub regional Bureau for Africa can play an important role in co-ordinating regional activities to prevent and investigate incidents of piracy and armed robbery against ships on the African coast. SARPCCO is suitably placed to exchange intelligence on piracy and armed robbery against ships on Africa's coast and to maintain an intelligence data base on piracy. The Importance of Fisheries Resources on the East Coast of Africa - The Protection of Resources in the Region through Joint Initiatives: Martin Purves & Marcel Kroese Martin Purves started his presentation by emphasising the importance of fishing to East African people. He stated that fish resources of the coastal waters of the south-western Indian Ocean constitute a major source of animal protein for many near-shore communities and that exports of fishery products represent a vital source of exchangeable earnings. However, the majority of fishing boats in these waters are foreign from Spain, Taiwan, Japan, France and Uruguay amongst others. Illegal, unreported and unregulated (IUU) fishing is a source of great concern in this region. In Kenyan waters, IUU catches are estimated at 20% of total catches whilst in Tanzanian and Mozambique waters this figure is estimated at 15%. IUU fishing is a worldwide problem, affecting domestic waters as wall as high seas and all types of fisheries. It is harmful to fish stocks and undermines the efficiency of national and international measures adopted to ensure sustainability of fish stocks. Furthermore it distorts competition and jeopardises the economic survival of those who fish in compliance with the law. Its social costs include the loss of livelihoods of fishing communities, particularly in developing countries. No single strategy is sufficient to eliminate or reduce IUU fishing and this requires a concerted and multi-pronged approach nationally, regionally and internationally for all types of fishing activities. Martin Purves addressed the issue of what needed to be done for the better management of the fish resources of the region and suggested a regional

6 strategy with the aim to reduce IUU fishing, harmonising activities and obtaining better cost effectiveness. This would require a regional joint operations centre, better legal frameworks, data sharing and joint patrol activities. The cost of this can be supplemented by income from fishing licenses, donor agencies and service providers. He submitted that regional navies should support this strategy through intelligence gathering, patrols and support to civil authorities. Finally Martin recommended an incremental strategy of starting small but growing strong based on finding like-minded neighbours, developing a common goal and establishing an implementing agency. The Role of African Naval Assets in Support of the African Standby Force: Lt Col J. E. Karia. Tanzanian Navy Lt Col Karia also highlighted the importance of trade and Africa s marine resources to the wellbeing and development of the continent. He defined the threats thereto as illegal fishing, illegal immigration, pollution, smuggling, piracy, terrorism, trafficking of drugs arms and humans, inadequate port security and hostage taking. He went on to describe the developing African peace and security architecture with a focus on the Common African Defence and Security Policy and the African Standby Force (ASF). In the SADC region, security integration was achieved through the Organ on Politics, Defence and Security and the Interstate Defence and Security Committee and the primary instrument in support thereof is the SADC Brigade, which is one of the 5 regional brigades of the ASF. He noted that to date no large peacekeeping operation within Africa had involved naval forces but the possibility of such a deployment still exists in due time. Colonel Karia submitted that maritime forces could bring specific capabilities to peace support operations. These include flexibility and manoeuvrability, the capacity to remain on station for as long as necessary, the ability to monitor weapons supplied through sea routes, and sea-lift and logistic support capacity that is independent of land and air transport infrastructure such as roads, rails and appropriate airfields The Colonel concluded that African naval assets could greatly support peace support operations on the continent through restoring security in the maritime domain, provide strategic sea-lift and logistic support, provide protection during such support both at sea or on inland waters and assisting to stimulate and accelerate the continent s growth and development by protecting national and regional maritime interests. Maritime and Naval Cooperation and Integration of Effort on the East Coast of Africa: Wilfred J. Kagimbi. Chief Surveyor & Receiver Of Wrecks, Kenya Maritime Authority

7 Wilfred Kagimbi started by explaining that the Kenyan Maritime Authority was established by his Excellency, President Mwai Kibaki on 21 June 2004 with the mandate to regulate, co-ordinate and oversee all maritime affairs in Kenya. He then posed the question, is there a need for maritime and naval cooperation and integration of effort on the east coast of Africa? To answer the question he described the maritime threats to the east coast of Africa as terrorism, maritime piracy and armed robbery; arms trafficking; narcotics trafficking; human trafficking; illegal, unreported and unregulated (IUU) fishing; illegal immigration; and marine pollution. He stated if the situation is not put under control these and other crimes may flourish and undermine political stability and economic development of the region. After describing some piracy and armed robbery incidents in the region, he concluded that the time was ripe for the maritime organisations and navies to cooperate and integrate their effort. He stated that the International Maritime Organisation (IMO) was active both in the field of counter terrorism and that of piracy and armed robbery at sea. These initiatives should be supported regionally. During a meeting on piracy and armed robbery held in Mombasa on 23 and 24 February 2006 a regional approach was advocated but no action plan has been formulated yet. Concerning the situation off the Somali coast, Wilfred Kagimbi said that it had been shown beyond any doubt that without naval intervention, the situation could only get worse and might even spill over to other areas in the region. He stated that there was an urgent need for regional naval intervention working closely with civil maritime authorities to control IUU fishing, narcotic trafficking, human trafficking, illegal immigration and marine pollution before other crimes take root and destabilize the region. Wilfred Kagimbi bemoaned the fact that the status of naval assets in the region was not known to civil maritime authorities. Information about such assets is not readily available and therefore civil maritime authorities may not know when and how to contact them as procedures and official channels of communications have not been established. In looking at the way forward, he submitted that regional cooperation needed to move from policy and intent to action and agreements. This had to be based on a regional maritime domain awareness (RMDA) and the time was now. Channels of communication between the two groups, civil authority and navies, needed to be established as soon as possible. Conclusion: Len le Roux. Institute for Security Studies In closing the conference, Len le Roux, stated that it was clear that everyone agreed that the sea is, to use a term from the study of economics, a public good. The sea is important as it provides for free navigation and international trade; the use of its many resources including the renewable resource of fish; and socially for tourism and relaxation. In this context the sea is important to the people of Africa for providing its resources for their development but also to the international community for trade and navigation.

8 Yet the sea had no borders and the vast richness and resources of the sea should serve to the benefit of all. This is of specific importance to the people of Africa due to the tragedy of poverty and underdevelopment that plagues the continent. They have little control over their destiny. It is therefore important that those in positions of power secure Africa s maritime and marine resources, within its territorial waters and EEZ to the benefit of the continent s people. At the same time it was noted that it is in the interest of all to ensure free and safe passage of international trade and shipping around our continental coastline. Free and responsible trade is to the benefit of all. Africa needs to import and export and to be a responsible player in the assurance of the freedom of use of the high seas. In looking at maritime security, it is therefore important to do so in concert with all responsible peoples and states of the world. Unfortunately, there are far too many self-interested individuals, criminal gangs, corrupt officials and power hungry politicians, both within and outside our continent, who will deny the people of Africa even one fish on their table. Their activities are manifest in the irresponsible and illegal exploitation of resources, organised crime, piracy and the destruction of resources through dumping and pollution. These individuals, groups and governments must be denied their selfish intent with the collective will and capacity of all responsible African and international actors. To ensure the use of the sea as a common good will require: Collective actions by international, regional and sub-regional authorities; The development of international and regional regulatory frameworks through conventions and protocols; Intelligence cooperation; Joint law enforcement at sea; National regulatory and coordination frameworks; Defining the priority peace-time tasks for navies; and Creating the capacities and structures to close the gap between policy and strategy on the one hand and implementation on the other. In closing, Len le Roux posed the questions, what can we do, what can we take from this conference? He answered this with certain suggestions. These are: We must continue to raise awareness of the issues through public debate and publications;

9 We must all support national efforts for better coordination of the management of our national maritime zones; We must support the strengthening of sub-regional and regional integration of effort in maritime matters at all forums where we can be heard; We must work at the definition of the real peace-time role of navies in the region in order to be instruments in support of civil authorities in providing implementation capacity for law enforcement at sea. In therefore finding answers to managing and protecting Africa s maritime interests, resources and zones, we have to do so by creating a deep understanding of the issues at stake, a sincere commitment to the people of our continent and the will to do what is right. Maybe the next step should be the holding of a workshop on the theme of the use and protection of Africa s maritime interests hosted at the African Union.