Piracy and Armed Robbery

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2 ND ARF ON UNCLOS SESSION 3 1 Piracy and Armed Robbery Capt. Martin A. Sebastian, RMN Centre Head/Fellow Centre for Maritime Security and Diplomacy Maritime Institute of Malaysia (MIMA) 28 MAY 2014

2

PIRACY AND ARMED ROBBERY DEFINITIONS REGIONAL RESPONSE - MSSP 3 IMO RESPONSE REGIONAL MEASURES GUIDELINES AND RECOMMENDATIONS ON ARMED GUARDS INDUSTRY RESPONSE ARMED GUARDS STANDARDISATION

DEFINITIONS Acts of piracy and armed robbery against ships are of tremendous concern to IMO and to shipping in general. The fight to prevent and suppress these acts is linked to the measures to improve security on ships and in port facilities, adopted in December 2002. The following definition of piracy is contained in article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS): Piracy consists of any of the following acts: 4 any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft any act inciting or of intentionally facilitating an act described in sub-paragraph

Initiatives to counter piracy and armed robbery at sea IMO is implementing an anti-piracy project, a long-term project which began in 1998. 5 Phase one consisted of a number of regional seminars and workshops attended by Government representatives from countries in piracy-infested areas of the world; Phase two consists of a number of evaluation and assessment missions to different regions. IMO's aim has been to foster the development of regional agreements on implementation of counter piracy measures.

Joint War Committee List 6

LLOYD JWC HIGH RISK LISTING Listing raised insurance costs Raised concerns of security in international community Fear of international interventions 7

PIRACY/ARMED ROBBERY PRONE AREAS STRAITS OF MALACCA AND SOUTH CHINA SEA GULF OF ADEN GULF OF GUINEA 8

STRAITS OF MALACCA Armed Robbery Raiders symptomatic to socio economic issues on the east coast of Sumatera 9 Raid passing ships and ships at anchor firearms rarely used Some attacks connected to marine resource protection

IMB PRC Quarterly Report 2014 Period Covering 1 Jan - 30 Mac 2014 10

Monthly Incidents 11

Total Incidents by Region 12

STATUS OF SHIPS DURING ATTACK 13

TYPE OF ARMS USED 14

ASSESSMENT 15 Between 1 January and 31 March 2014, the IMB PRC has received reports of five incidents including two vessels fired upon. The combination of efforts at sea; including the continued presence of the Navies in the region, increased BMP4 compliance, employment of Privately Contracted Armed Security Personnel (PCASP), along with the international efforts on land has resulted in a drop in the number of attacks

REGIONAL RESPONSE MSP Malaysia Singapore, Thailand, Indonesia Malacca Straits Patrol Eyes in the Sky Intelligence Exchange Group 16

THAILAND-MALAYSIA- SINGAPORE-INDONESIA 17

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PERSPECTIVES Then again..is piracy and armed robbery an isolated incident or part of the Transnational Organised Crime activities. 19

United Nations Office of Drugs and Crime (UNODC) 20 THREAT ASSESSMENT FOR ASIA PACIFIC

Source: UNODC 21

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27 IS THERE A NEED THEN TO ADDRESS COOPERATION IN A MORE HOLISCTIC MANNER?

CAPACITY BUILDING OBJECTIVE 28 LEGITIMATE ECONOMy GAP REDUCTION - TARGETTING REGIONAL TRANSNATIONAL CRIME LOGISTICS CHAIN SHADOW ECONOMY

CCOPERTING TO ADDRESS THE ROOT 29 MILITANT STRUCTURE TRANSNATIONAL CRIME STRUCTURE SOCIO ECONOMIC STRUCTURE

THE FACT 30 ORGANISED CRIME LAND SEA NEXUS

SHORTFALLS 31 SECURITY LAND SEA

6 TH ARF ISM MS ARF Maritime Security Work Plan Priority Area 3 - Capacity Building of Maritime Law Enforcement Agencies Co-Chairs Malaysia and China 2014-2016 32 Concept tabled during 6 th ARF ISM MS in Bali

Illegal Cross Border Movements 33 People Wildlife Contraband Subsidised goods Vehicles Timber Fuel (bunkering) Weapons (including WMD) Detonators for fish bombing

Illegal exploitation of Marine Life 34 Endangered/indigenous species Corals Fish/crustaceans Ornamental fish

Attack on Maritime Communities 35 Armed attack on coastal communities Piracy Armed Robbery at Sea

Marine Pollution Marine life in distress due to pollution 36

Other maritime related crimes Document and Bunkering Fraud 37

THANK YOU 38 sebastian@mima.gov.my