UN responds to pirates in Somalia’s troubled waters with stern words, not armed patrols.  By John Metzler.

(New York, June 12,  2008 Ceegaag Online)

In the placid waters of Turtle Bay just off New York’s East River, diplomats at the UN are marshalling a maritime strategy to detect and confront armed pirates plying the treacherous coast of Somalia. Protecting international crew, ships and commerce from armed pirates has jumped to the fore as the marauders have recently seized and hijacked vessels from France, Spain and attempted to seize a Japanese oil tanker.

In extraordinary if not slightly unusual Security Council deliberations against modern day buccaneers, diplomats from the United States, Britain, France and Panama unanimously passed a watered-down resolution #1816, which “condemns and deplores” piracy off the Somali coast but does not specifically authorize armed naval patrols as was originally planned. The resolution is rooted in continuing incidents of piracy and armed robbery against vessels in international waters off Somalia and the “serious adverse impact on the safe delivery of humanitarian assistance to the people of Somalia, and the grave dangers they pose to vessels, crews, passengers and cargo.”

Besides the United States and United Kingdom, the resolution was cosponsored by France and such maritime states as Greece, Japan, the Netherlands, Norway, Panama and the Republic of Korea.

In April, a luxury French sailing passenger vessel the Le Ponant was hijacked. Shortly afterwards a Spanish fishing ship was taken, and there was an attempted hijack of the Japanese oil tanker the Takayama. In the case of the seized French sailing ship, French military units shadowed the hijacked ship and later commandos freed the hostages and captured the pirates.

The French are well aware of the threat posed in these dangerous waters. Over the last year food and humanitarian aid deliveries to Somalia were being harassed off the East African coast. During 2007 a total of thirty-one acts of piracy, three of them against World Food Program ships, were reported and 154 crew members taken hostage. WFP’s Executive Director Josette Sheeran, stated, “Safe travel through Somali waters has made an enormous impact on our ability to reach more than a million hungry, vulnerable people.” French naval frigates and later the Royal Danish Navy took up formal patrols in the region, reducing the danger.

Significantly the Security Council, acting under its Chapter VII military enforcement provisions, has authorized, for an initial six month period, a naval presence in Somalia’s troubled territorial waters aimed at identifying and thwarting attacks. The resolution “Urges all states to cooperate with each other.” The earlier draft spoke of a specific naval presence aimed at “pursuing pirates and armed robbers, and of deterring, preventing and suppressing acts of piracy and armed robbery at sea.”

Importantly resolution #1816 recalling the provisions of international maritime law, allows “cooperation to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any state, including but not limited to boarding, searching, and seizing vessels engaged in or suspected of engaging in acts of piracy.”

An earlier much tougher draft of the resolution would have allowed “all necessary means to identify, deter, prevent and repress acts of piracy…” The document passed the Security Council because it is specific to the chaotic Somalia situation and does not extend to other maritime regions. Gaining unanimity, and avoiding a possible Chinese or Russian veto, prompted the Council to pass a watered-down version.

But who are these modern day buccaneers who ply the East African coast as well as waters in Southeast Asia? As with their historical ancestors flying the Jolly Roger, many are criminals of convenience, who are hijacking ships to gain ransom or plunder. While not supported by any of the local governments, they easily take advantage of the regional chaos in Somalia, the lack of any lawful presence on the high seas, and use forced boarding to gain million dollar ransoms. There’s the added danger that varied Al Qaida terrorists operating inside Somalia’s simmering Islamic insurgency, could finance their operations through these seaborne thugs.

American UN Ambassador Zalmay Khalilzad stated earlier, “The time has come for the Security Council to respond to the situation…the government of Somalia is not in a position to deal with this problem by itself.”

Given the sensitive and strategic nature of Somali waters, rounding the Horn of Africa which remains the chokepoint of the Red Sea, there’s genuine reason to enhance coastal security. Both the sea lanes of maritime communication and the vital supply artery for humanitarian supplies to Somalia are threatened. It’s about time that the UN tackles this offshore threat

John J. Metzler is a U.N. correspondent covering diplomatic and defense issues.

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