To date France is the country that has taken the most robust stand against piracy off Somalia. Following the ransom payment and the release of Le Ponant, French naval special forces tracked down and arrested six pirates who are now awaiting trial in France. Again, when a French pleasure yacht was captured on 2 September, President Sarkozy authorized a successful assault on the boat that rescued the sailors, killed one pirate and captured the rest. Although French action is robust, it is unlikely to act as a deterrent for future attacks since the potential rewards of piracy still far outweigh the potential risks. So far the two operations have not resulted in the death of a hostage but that is a danger that must be considered before future operations are launched. Resources concentrated on preventing piracywill produce greater benefits than those used on dramatic rescues. The EU has established a mission under the ESDP (European Security and Defence Policy) to provide a coordination cell (EU NAVCO) for the fight against piracy.[7]
Coordination of the different naval and air assets in the region could help to improve the efficacy of the fight against piracy. However, at present this cell consists of Commander Andres Breijo-Claur, seconded from the Spanish navy, and only four others, who will receive only 60,000 euro to facilitate their work. While it is to be welcomed that the EU is taking some action, and the difficulty in organizing common defence action is recognized, this effort may well turn out to be more symbolic than practical. The area of coordination is one in which the EU could provide very useful assistance if the cell is properly staffed and financed.
Box 1: A victim’s story
Captain Darch was the skipper of the Svitzer Korsakov when it was boarded by pirates on 1 February 2008. He and his five crew mates were held for 47 days, until 18 March.
At about 3pm on Friday 1 February, seventy miles north of Cape Gwardafuy, I was alerted by a shout. On our starboard side were five pirates in a six-metre white plastic boat powered by 48hp Yamaha engines. I thrashed the tug to the left, then right, forcing them to sheer away. This cat and mouse game continued until another boat with four more approached. I knew we couldn’t avoid them so I stopped our engine. The pirates next attempted to winch their boats to ours but only succeeded in dumping their spare ammunition into the sea. Later the first onto to the bridge said; ‘I am Andrew and speak English. This is Omar, our Captain. Do as you are told.’
On the orders of ‘Capt. Omar’ we moved south. By late Sunday we arrived in Eyl where15 more pirates boarded our ship. From then on around twenty were always aboard, including their personal Mullah. I convinced Omar to let us go north to Gabbac, a more sheltered spot. One pirate called Ahmed told us he had been in the coastguard, and only Ahmed and one or two others who had also been coastguards understood our engines. From then on we were trailed by a US warship and smaller Somali boats resupplied us.
The pirates, armed with AK47s, spent every day chewing khat. We survived on cigarettes, water, goat, camel’s milk and chapattis. Our relationship with the pirates was mostly amicable except for one incident. Omar kept saying ‘go on – go on’ but the anchorage wasn’t safe. He hit me across the back of my head. I said we wouldn’t go anywhere if he hit me again and he didn’t. Later another man called Omar joined us. He said he was there to make sure we were looked after. During the ordeal, I lost weight but was never really hungry. Genuinely, I think they just needed the money.
Ten days after our capture the Chief Engineer – Fred – and I hatched a plan. I tried to get a coded message to the Americans via Copenhagen. At midnight on the 11th we blacked out the ship and blockaded ourselves into the ballast tank. We listened for the attack, but all we could hear was the Somalis trying to get at us. At five in the afternoon we tried to give ourselves up but they had bolted us in.
We thumped on the door and they let us out at seven. After this we lost all our privileges and they followed us everywhere. Sometimes, as time dragged on, the younger pirates suggested killing the Russians and sinking the boat. They thought Fred and I were more valuable. Every day we talked about the ransom. Initially they asked for $2.5 million but Fred convinced them the company would never give that much. During the negotiations one time the new interpreter (Geli), a schoolteacher, said: ‘Look, here this is your last chance – give us the money in three days or the crew will be shot, you can put that in your pipe and smoke it.’ The negotiations were handled by Control Risks who have experience at that. They later tried $900,000 but eventually settled for $678,000. The money was assembled as cash in Dubai where they hoped a Somali businessman would handle the delivery for them, but no one would. In the end the money came on a boat. It came alongside with the crew hidden. Our pirates went over and moved the money across. Now the pirates had the boat, the crew and the money! All night the pirates divided the money between themselves. Most left in the morning but Omar and the schoolteacher said it wasn’t safe for them to go ashore here, so we dropped them further north. Next day we met up with the warship. I asked why they didn’t attack; one guy said they hadn’t received the message; another said: ‘Even if we had received it we’d need an order from higher up to do anything.’ We were held for 47 days. We went from Oman to Dubai, where we met our wives. I said it was the trip to end all trips but I’ve been on a few since then.
Source: Interview with the author, 15 September 2008
2. Why it matters to the international community
There are deeper reasons why the international community needs to take heed of this problem than simple law enforcement. They can be divided into four areas:
what piracy does to Somalia;
what it does to international trade, especially oil;
the danger to the environment;
the potential terrorist threat.
2.1 What piracy does to Somalia
The danger of Somali waters in late 2007 forced the WFP to suspend food deliveries by sea (delivery by land is just as risky and is impractical for transporting large quantities of food aid). According to the WFP, Somalia will require at least 185,000 tonnes of food aid in 2008. This was temporarily solved by the naval escorts for WFP vessels mentioned above. The WFP was forced to stop for two months when the Netherlands completed its stint until Canada announced that the HMCS Ville deQuébec would escort WFP deliveries. Without the naval escorts and the regular delivery of food aid, Somalia’s food stocks were seriously threatened. In a country without a functioning central government that is suffering from drought and war, and with over a million internally displaced people,[8] imported food aid is essential. The uncertainty surrounding escorts for WFP ships needs to end and escorts should be pledged in advance so that dangerous gaps in food delivery can be avoided. If the international community does only one thing, then ensuring the safe delivery of food aid should be the priority. Somalia is one of the most dangerous and violent places in the world. Arms are freely available throughout the country and there are almost daily reports of explosions, murders, skirmishes, battles and kidnappings across the country. While pirates themselves keep the majority of the funds they generate, a significant amount is passed on to important locals, some of whom are involved in the ongoing war. These regular injections of cash undoubtedly help to finance the war. Some reports31 link piracy money to the US terror-listed Al Shabaab, which emerged as a youth militia during the rule of the Islamic Courts and is now fighting an insurgency against Ethiopian and government troops. Eradicating piracy will not stop the war, but it may reduce the money available for arms purchases.
The lack of maritime security also allows a busy people- and arms-smuggling trade to flourish and encourages illegal fishing in Somali waters. Greater efforts by the international community to combat piracy should have a positive impact in these areas as well.
2.2 What piracy does to international trade
Clearly a company whose cargo is prevented from reaching its destination on time will lose money. Add to this the cost of paying ransoms and already the damaging economic effect of Somali piracy can be seen. The consequences are not limited only to companies whose vessels are hijacked; of wider concern is the growth of insurance premiums for ships that need to pass through the Gulf of Aden. The danger means that war risk insurance premiums must now be paid: premiums are reported to have risen tenfold in a year.[9] If the cost of extra insurance becomes prohibitive, or the danger simply too great, shipping companies may avoid the Gulf of Aden and take the long route to Europe and North America around the Cape of Good Hope. Indeed this option is mentioned by shipping industry insiders as a very real possibility. The extra weeks of travel and fuel consumption would add considerably to the cost of transporting goods. At a time when the price of oil is a major concern, anything that could contribute to a further rise in prices must be considered very serious indeed.
2.3 Potential environmental catastrophe
Large oil tankers pass through the Gulf of Aden and the danger exists that a pirate attack could cause amajor oil spill in what is a very sensitive and important ecosystem. During the attack on the Takayamathe ship’s fuel tanks were penetrated and oil spilled into the sea. The consequences of amore sustained attack could be much worse. As pirates become bolder and use ever more powerful weaponry a tanker could be set on fire, sunk or forced ashore, any of which could result in an environmental catastrophe that would devastate marine and bird life for years to come. The pirates’ aim is to extort ransom payments and to date that has been their main focus; however, the possibility that they could destroy shipping is very real.
2.4 Possible co-opting by international terrorist networks
The other worst-case scenario is that pirates become agents of international terrorism. It should be emphasized that to date there is no firm evidence of this happening. However, in a region that saw the attacks on the USS Cole, seaborne terrorism needs to be taken very seriously. For example, a large ship sunk in the approach to the Suez Canal would have a devastating impact on international trade. Terrorism at sea could take many forms: direct attacks on naval or commercial shipping, such as the 6 October 2002 attack on the MV Limburg,[10]hostages from pleasure boats being used as bargaining chips for terrorists or high-profile victims of an atrocity, and hijacked ships being used as floating weapons. Terrorist networks could also use the financial returns of piracy to fund their activities around the world.
The potentially massive consequences of this scenario must be taken into account along with the more likely scenario that piracy money is being routed to Al Shabaab. As has been seen over the last year, pirates in Somalia have become ever more dangerous, but it is impossible to tell what will happen next. It is best to act to prevent the worst-case scenarios rather than try to solve the problem once it has escalated.
Box 2: Private security and Somali piracy
Private security firms have a long history of involvement in attempting to combat Somali piracy. To date, however, none have been very effective and in the majority of cases it is hard to see that anything at all was achieved.
Secopex
This French private security firm signed an agreement in May 2008 with TFG President Abdullahi Yusuf to provide maritime security for Somalia and a bodyguard for the president. The TFG insists that the deal will be paid for by the international community, but so far the $50–200 million needed has not been forthcoming.
Topcat
In November 2005 the TFG signed a $50 million or $55 million contract with the US security firm Topcat to target ‘mother ships’ being used by Somali pirates. The chief executive of Topcat told the BBC, ’We will end the piracy very quickly; there is no question about that’ (http://news.bbc.co.uk/2/hi/africa/4471536.stm). Topcat’s deployment was blocked by the US State Department, which judged that it would breach the arms embargo on Somalia.
Al-Habiibi Marine Service
This Saudi-based company was appointed by the government of Puntland in December 2005. However its employees were unable to take up their positions in Somalia.
SOMCAN – Somali Canadian Coastguard
SOMCAN held a contract from the government of Puntland from 2002 to 2005 to provide coastguard facilities for Puntland. Its effectiveness was called into question as three of the company’s employees were sentenced to ten years in jail in Thailand for piracy, although they claimed to have been protecting a Thai fishing boat.
Puntland International Development Corporation PIDC was contracted in 2000 by the government of Puntland to combat piracy. It subcontracted the work to Hart Security.
HART Security Hart undertook to provide training for a 70-man maritime force in Puntland from November 1999. A vessel was secured and arms were procured through local arms markets. Hart staff took up residence in Somalia. The scheme was supposed to be funded through the collection of fishing dues. Hart wrapped up its operations in June 2002 when it became unclear if a new administration in Puntland had the authority to honour their contract.
3. Options for the international community
Although the international community must recognize that only a political solution in Somalia offers a long-term solution to the issue of piracy, it is also crucial to understand that measures can be taken to improve the situation while efforts continue towards a political settlement. Set out below are a number of options that could be considered by the international community, the African Union and Somalia’s neighbors to reduce the risks of piracy in the Gulf of Aden and off the coast of Somalia. It may be that elements from each option could be adopted.
3.1 Organize shipping into a safe lane
At the end of August 2008 coalition naval forces in the Gulf of Aden announced that they had established a ‘Maritime Security Patrol Area’ (MSPA) which would be patrolled by coalition warships and aircraft. Following a standard route should make it easier for international forces in the area to monitor shipping and respond to distress calls. Problems with this approach arise if the international presence is too light. Shipping organized in a lane would potentially offer an easier target for pirates and, as one senior naval commander explained, ‘the pirates will just change their tactics’. The approach will also fail to reduce the danger for ships steaming north-south rather than east-west. However, this move is to be welcomed. The international community should recognize that even if attacks decrease the threat will not have disappeared, and it will need to remain vigilant until Somalia has a full political settlement.
3.2 Provide a coastguard for Somalia
In the absence of a reliable and long-term government of Somalia it is unlikely that the Transitional Federal Government (TFG) has the capacity to operate effective coastguard facilities. An effective option may be to create an internationally sanctioned and administered coastguard for Somalia. This could be run by the UN or African Union and established with external funds. The cost of running a coastguard could be met, at least in part, from collecting fishing dues and import revenue. The money and the force could be held in trust for Somalia. Clearly lessons can be learned from the previous experience of private military companies trying to provide maritime security (see Box 2); hence this option would need to be firmly under the control of an international body.
3.3 A large naval presence
A proposal popular for its simplicity and straightforwardness is for the deployment of a much larger multinational naval force in the Gulf of Aden and along the Somali coast with a specific mandate to combat piracy. At present the 12–15 ships of Combined Taskforce 150 are primarily involved in the war on terror and combating piracy is an ancillary concern. A much larger dedicated fleet would be likely to reduce the incidence of piracy but is almost certainly prohibitively expensive. It seems more realistic to hope for some augmentation of the current force to patrol the MSPA and perhaps the ongoing discussions in Europe and India will produce such a result.
3.4 Pay no ransoms
This option has been suggested by the shipping industry. Certainly it seems likely that if ransom payments stopped, the incentives to be involved in piracy would decrease.
Two problems are evident here. The first is that there is no reason why pirates would not change their tactics and, copying examples from Indonesia and elsewhere, begin to see the value not in ransom but in capturing ships and creating phantom ships, where a stolen ship is re-registered and used to carry new cargoes which are then stolen,35 or simply targeting vessels to steal their cargo. The second problem is of course that non-payment could very well include the loss of life. It seems unlikely that any shipping company wants to be the first to refuse to pay when the price could be so high. However, a concerted effort to deflate prices (there is no need to pay exactly what is demanded) could have a positive impact.