From January to December 2010, the total incidents of piracy recorded per regions of the world were 40 in America, 44 in the Far East, 28 in the Indian Sub Continent, 70 in South East Asia, 4 in the other parts of the world, and lastly, 259 in Africa!⁽²⁾ Out of these records, 218 of these piracy attacks have been committed by Somali pirates, according to data released by the International Maritime Bureau (IMB).⁽³⁾ In the absence of a universally accepted definition of the term piracy, international organisations, Governments, NGO’s, Private companies and other relevant stakeholders have carved their own definition to suit their a particular purpose. This paper concurs with the definition of the IMB, which describes piracy as “an act of boarding any vessel with intent to commit theft or any other crime, and with an intent or capacity to use force in the furtherance of the act.”⁽⁴⁾

With its origins rooted in the use of the ocean as a trade route, piracy is certainly not a new phenomenon. Whilst the Horn of Africa, the Gulf of Aden, and Nigeria and Gulf of Guinea in West Africa are known as the notorious piracy hotspots, this activity poses a threat to an extended geographical region. For this reason, piracy is regarded as a trans-national crime. As this paper is focused on attacks carried out by pirates off the Somali coast, it is important to note that the attacks by Somali pirates cover a vast area that includes the Gulf of Aden, Southern Red Sea, Off the coast of Yemen, Oman, the Arabian Sea, Kenya and Tanzania etc.⁽⁵⁾ Consequently, piracy attacks have become one of the continents greatest challenges.

Whilst the incidents, nature and trends of Somali piracy have been well researched and documented, recent developments call for a re-examination of this matter. Recent attacks suggest that Somali pirates are travelling further afield towards the South. In December 2010, Somali pirates carried out attacks in the far South and East of the Indian Ocean Islands. According to a report in Times live, there were 3 confirmed piracy attacks in central Mozambique in December 2010.⁽⁶⁾ In light of these disturbing developments and the spread of piracy attacks to the South, the aim of this paper is twofold. Firstly, this paper will assess the economic implications of this development for the continent. Secondly, as a result of the threats of this shift of Somali pirates into its neighbouring waters, and its potential, this paper will discuss why South Africa (SA) has an integral role to play in combating piracy and how it should go about doing so. In order to provide a contextual view, this paper will commence with a brief explanation on the nature of piracy as it exists today.

Modern piracy

Historically, piracy had been utilised as a tactic for gain involving the hijacking of vessels for private use or to obtain a ransom through the selling of cargo or of captives in areas where slavery was permitted.⁽⁷⁾ In contrast, modern piracy is carried out on a large scale and has become highly sophisticated. Hijacking, hostage taking and the use of lethal weapons with the main aim of obtaining a ransom constitutes the key characteristics of modern piracy. Pirate attacks⁽⁸⁾ have developed a violent undertone with the use of lethal weapons as they are frequently armed with automatic weapons, rocket-propelled grenades (RPGs) and AK-47s, instead of crowbars and knives used by pirates in the early days. Africa holds the record for the highest number of piracy attacks vis-à-vis other piracy-occurring regions with the majority of the attacks being attributed to pirates off Somalia.⁽⁹⁾

A key trend of attacks by Somali pirates is the use of hijacked ocean-going fishing vessels and hijacked merchant vessels as a base to conduct piracy operations.⁽¹⁰⁾ Skiffs are launched from the hijacked vessel, to intercept the main target vessel.⁽¹¹⁾ The danger of this trend lies in the fact that pirates now have the capability and capacity to venture further and further afield. To this effect, the latest venture from pirates off Somalia entails a tactical shift further south, towards the Southern Coastline.⁽¹²⁾ Considering the violent nature of modern piracy highlighted above, the spread of this phenomenon is a cause of great concern and has far reaching global implications.

Implications

In November 2010, the Secretary General of the United Nations, Ban Ki Moon stated: “Piracy …has had an immense impact on the economies of East Africa and also the wider world. International trade routes are threatened and goods in the region as well as Somalia are becoming more expensive.”⁽¹³⁾ To this effect, a Reuters report released on 13 January 2011 stated that maritime piracy is believed to cost the global economy between US$ 7 billion (ZAR 497,791.374) and US$ 12 billion (ZAR 853,023,580) a year with Somali pirates being accountable for 95% of these costs.⁽¹⁴⁾ The attacks on shipping have escalated the operational costs and driven up insurance premiums and consumers bear the brunt of these costs as it leads to increased food prices for goods and services. These rising costs negatively affect trade as fewer people are able to afford the goods and services at a higher price.⁽¹⁵⁾ This ultimately has a negative impact on the economy as it creates an inflationary domestic market.⁽¹⁶⁾ This rising cost further negatively affects trade as fewer people are able to afford the goods and services at a higher price.⁽¹⁷⁾

In addition, the re-routing of ships through alternative channels has resulted in a loss of revenue due to a decline in exports, thereby affecting local industries dependent on exports as a source of revenue. The oil and fishing industries serve as examples reporting declined export earnings due to piracy attacks in its vicinity.⁽¹⁸⁾ Ultimately, the decreased export earnings and increased cost of imports threaten to further weaken fragile economies. Moreover, in the longer run, these developments hamper regional trade, which constitutes as a key ingredient for economic development.⁽¹⁹⁾ Thus, one can see that piracy creates a vicious cycle exacerbating poverty and underdevelopment, thereby reinforcing the very conditions that gave rise to this phenomenon in the first place.

Aside from the economic costs, there is a significant humanitarian cost on countries that serve as a source of piracy. It is recognised that fragile states characterised by dire humanitarian conditions and limited economic opportunities, act as the breeding ground for piracy.⁽²⁰⁾ Considering the current anarchy in Somalia, these pre-conditions provide a rational as to why piracy in Africa is largely carried out by Somali nationals. The civil war, coupled with a series of devastating droughts, has created dire humanitarian crises in Somalia. Consequently, the majority of Somali’s are dependent on food aid, with 80-90% of the aid arriving by sea.⁽²¹⁾ Pirates began attacking relief vessels, eventually leading to a suspension of all food aid deliveries, which ultimately exacerbated the humanitarian crises in the country.⁽²²⁾ More than half a dozen of vessels providing relief have been attacked off the coast of Somalia, affecting those who require the aid the most. Thus, one can say that piracy threatens the fragile living conditions of some of the world’s poorest people. Overall, the economic and humanitarian implications create a vicious cycle which ultimately sustains and enforces maritime piracy.

Whilst Africa accounts for the largest number of piracy attacks, the transnational nature of the crime has a ripple effect on all regions of the globe. In response, a joint naval presence has been launched by emerging and developed powers, including the European Union (EU), China, India, Russia, Japan and the United States (US). International bodies such as the UN have passed several resolutions in this regard, calling members to work together with regional bodies in an attempt to combat piracy.⁽²³⁾ However, despite the deployment of a massive naval operation, attacks by Somali pirates have continued to escalate.

This escalation of piracy attacks can be attributed to various factors. Firstly, the modern pirates consistently modify their methods and tactics, requiring a constant update on the combating approach.⁽²⁴⁾ In addition, the war ships that are used to protect the waters are stifled by all kinds of laws, rules and regulations, which inhibit their power and authority in combating piracy.⁽²⁵⁾ Secondly, the concentration of the naval operations in specific hot-spots such as the Gulf of Aden and the Horn of Africa has lead to a shift in the geographical location of pirate activity. Somali pirates have now begun conducting operations further to the south and east of the Indian Oceans. In light of these recent developments in its neighbouring waters, SA needs to adopt a pro-active approach in combating piracy. This paper will now discuss why it is fundamental for SA to adopt a pro-active role and will further provide suggestions for SA in this regard.

The Why: A Rationale

First and foremost, SA is classified as a maritime nation and one of the world’s top 12 sea trading nations, which is massively revenue generative.⁽²⁶⁾ Its strategic location along the world’s most vital sea routes - the South Atlantic, the Indian Ocean and the Southern Oceans - creates a heavy dependence on the maritime transport industry.⁽²⁷⁾ Six major ports, namely, East London, Richards Bay, Durban, East London, Cape Town and Saldhana serve not only the South African economy, but also that of its neighbouring landlocked countries. In monetary value, 80% of imports and exports pass through SA’s ports.⁽²⁸⁾ South Africa and its neighbours are economically dependent on global trade, which necessitates liberal use of the gateway between the South Atlantic and the South Indian Oceans - the very area that constitutes as the new hotspot for piracy attacks.

Recent developments in the region necessitate urgent action as the warnings of potential threats of piracy have been converted to reality. Since December 2010, there have been 2 confirmed cases of piracy off the Southern Coastline between Mozambique and Madagascar.⁽²⁹⁾ Southern Africa has now officially become the new target for Somali pirates. The shift towards the South may be attributed to two main reasons. Firstly, there is an absence of a naval force along the Southern Coastline, making it an easy target area.⁽³⁰⁾ Secondly, this area serves as a route of travel for numerous recreational and commercial vessels, which are usually unarmed. The Southern Coastline has become the route of choice for companies who wish to avoid the pirate-infested route around the Horn of Africa by taking the longer and more hazardous route via the Cape of Good Hope.⁽³¹⁾ Hence, the shift of piracy towards the South is a result of opportunity and incentive. Considering the dependence on maritime traffic and trade for Southern Africa’s economic growth, and the threat posed by piracy in this regard, SA has an integral role to play in combating piracy.

The How: A modus operandi - Off shore efforts

Prior to devising a strategy and looking at options to combat piracy, one must recognise and acknowledge that piracy “is both a cause of social and economic hardships and an effect of social political and economic destitution.”⁽³²⁾ Realistically, it virtually cannot be eradicated, but it can be prevented. In light of these characteristics, this paper is of the view that the most effective remedy requires a holistic approach and therefore favours a two-pronged approach in combating piracy in Southern Africa. Firstly, being a trans-national organised crime, SA cannot fight piracy unilaterally. Co-operation and partnerships are indispensable and mutually beneficial in combating piracy due to the shared interest and the nature of the crime.

South Africa is known to have the strongest naval capabilities on the continent, but it remains grounded due to financial constraints. In light of the limited capabilities and resource constraints, cooperation through joint operations should be regarded as a pivotal strategy in combating piracy. This should entail knowledge-sharing, resource-sharing, and skills development. To this end, SA should also consult countries in South East Asia,⁽³³⁾ who have been successful in decreasing piracy in the region. However obtaining the latest surveillance equipment, training navies and strengthening law enforcement is inadequate to combat piracy and only partially addresses this problem. This offshore approach is focused on addressing the symptoms of piracy. In order to be effective, one has to dig deeper into this problem to uncover the root causes of piracy. This entails addressing the source of the problem and the broader peace, security and humanitarian challenges. Very little attention has been given to addressing this dimension of combating piracy. Hence, addressing the root causes of piracy constitutes the second dimension of the proposed strategy.

Onshore Efforts

Addressing the root causes of piracy is essentially a long-term approach. SA already recognises that piracy in Somalia is “part of the larger problem of the lack of peace and security.”⁽³⁴⁾ As a key proponent of the consolidation of the African Agenda, the driving force behind the New Partnership for Africa’s Development (NEPAD) and a significant contributor to several UN and AU joint peace-keeping missions on the continent, SA contributes to efforts of attaining and maintaining peace and security in fragile states, which as mentioned previously, serves as the breeding ground for piracy. Moreover, attaining and maintaining peace, stability and security is an integral pre-condition for socio-economic development. Thus, by actively engaging in international and continental forums, SA is essentially working towards addressing the root causes of piracy on the continent.

Moreover, these initiatives not only work towards addressing the root causes of piracy, but also tie in with SA’s national interest, which regards peace and stability as pre-conditions for development of the continent, to which SA’s development is intrinsically linked.⁽³⁵⁾ A viable economic alternative is crucial if anti-piracy efforts are to succeed. There is a desperate need for resources to develop workable administrative infrastructures and to prevent criminals from exploiting the vacuum left from years of a failed Government. To this end, to ease the pressure on Government budgets, the private sector in the form of shipping industries and other relevant stakeholders who have a vested interested in combating piracy, should be roped in to assist with resources, logistics and strategies. In essence, there should be a sense of a shared responsibility in combating piracy. Thus the offshore and onshore strategies constitute as the essence of the two-pronged strategy, which must be applied consecutively to ensure that piracy is addressed from all angles.

SA’s participation in the Joint Communiqué of the Ministerial Meeting on Piracy and Maritime Security in the Eastern and Southern Africa and Indian Ocean Region in October 2010 can be seen as a positive development in this regard.⁽³⁶⁾ SA participated in its own capacity and as a member of the SADC and at this meeting, all participants agreed.
 

“to consider and adopt a Regional Strategy to prevent and combat piracy, and promote maritime security through a three-pillar approach. This approach includes: developing, agreeing and implementing a Somalia Inland Action Plan to counter and prevent piracy, encouraging States of the region to undertake prosecution of pirates apprehended in the region with the financial and technical support of the international community and strengthening capacities of States of the region to secure their maritime zones.”⁽³⁷⁾

By committing to this initiative, SA has in a sense embraced the role envisioned above, by addressing both the root causes and symptoms of piracy. To this end, one can say that SA has begun its journey in combating piracy.

Conclusion

This paper has attempted to uncover modern piracy, carried out by Somali pirates along the Southern Coastline. In doing so, due attention was paid to the implications of modern piracy for the continent and for SA. In addition, this paper advocated that SA has an integral role to play in combating this new trend of piracy as it has a direct bearing on its national interest.

This paper also recognises that piracy in the region is a complex and multi-faceted problem. In this regard, it acknowledges that this envisioned role for SA in combating piracy may encounter many challenges due to the anarchy in Somalia. The above mentioned options, both offshore and onshore, are merely stepping stones towards the attainment of the larger long term goal of combating piracy in the region. There is no doubt that the journey of attaining such a goal will definitely be long, bumpy and will require commitment from all countries of the continent, as well as assistance from the international community. Piracy cannot be defeated by SA or any other country unilaterally. Therefore, a continental and global effort is vital in addressing this challenge. In the long term, the cost of piracy overrides the cost of mitigation, thus reinforcing the need for SA to adopt a proactive approach. Ultimately, this may prove to be the only way in which SA can safeguard its national interests and in doing so, avoid “walking the plank!”

NOTES:

(1) Contact Pratiksha Chhiba through Consultancy Africa Intelligence's Africa Watch Unit (africa.watch@consultancyafrica.com).
(2) ‘Piracy and armed robbery against ships,’ ICC International Maritime Bureau, January 2011, http://www.icc-ccs.org.
(3) Ibid.
(4) International Maritime Bureau website – http://www.icc-ccs.org.
(5) ‘Piracy and armed robbery against ships,’ ICC International Maritime Bureau, January 2011, http://www.icc-css.org.
(6) ‘SA Defence Dept silent over Moz piracy,’ 12 January 2010, http://www.timeslive.co.za.
(7) ‘International Maritime Bureau website – http://www.icc-ccs.org.
(8) Peter Chalk, ‘Maritime Piracy; Reasons, dangers and solutions,’ Rand Corporation, 4 February 2009, http://www.rand.org. p.6.
(9) ‘Piracy and armed robbery against ships,’ ICC International Maritime Bureau, January 2011, http://www.icc-ccs.org.
(10) Ibid.
(11) Ibid.
(12) Countries falling in this vicinity include: South Africa, Mozambique, Botswana, Namibia, Zimbabwe, Zambia, Lesotho, Swaziland, Comoros, Madagascar, Mauritius, Malawi, Tanzania, Seychelles.
(13) ‘The economic cost of piracy,’ Oceans Beyond Piracy, January 2011, http://oceansbeyondpiracy.org.
(14) Peter Apps, ‘Piracy costs global economy $7-12 bln a year-study,’ Reuters, 13 January 2011, http://www.reuters.com.
(15) International Maritime Bureau website – http://www.icc-ccs.org.
(16) Donna Nincic, Maritime Piracy in Africa – The Humanitarian Dimension, African Security Review,18(3), Institute for Security Studies, 2009, http://www.iss.co.za.
(17) International Maritime Bureau website – http://www.icc-ccs.org.
(18) Donna Nincic, Maritime Piracy in Africa – The Humanitarian Dimension, African Security Review,18(3), Institute for Security Studies, 2009, http://www.iss.co.za.
(19) Peter Chalk, ‘Maritime Piracy; Reasons, dangers and solutions,’ Rand Corporation, 4 February 2009, http://www.rand.org. p.6.
(20) J.Peter Pham, “Somalia – The Times They are A-Changin,“ in Strategic Interest: World Defense Review, 3 December 2008, http://worlddefensereview.com.
(21) Donna Nincic, Maritime Piracy in Africa – The Humanitarian Dimension, African Security Review,18(3), Institute for Security Studies, 2009, http://www.iss.co.za.
(22) Ibid.
(23) Jacquelyn S. Porth, ’Piracy off the Horn of Africa Threatens Relief Efforts, Trade: US, NATO, European Union and partners step up anti-piracy mission,’ America.Gov, 31 October 2008, http://www.america.gov.
(24) Bayo Akomolafe, ‘Naval Patrols fail to curb piracy on African waters,’ Compass Newspaper, 22 November 2010, http://compassnewspaper.com.
(25) Ibid.
(26) ‘The Role of the SA navy,’ Department of Defence Website, http://www.navy.mil.za.
(27) Ibid.
(28) Ibid.
(29) Ben Coetzee, ‘Piracy in Southern Africa,’ Institute for Security Studies, 17 January 2011, https://www.polity.org.za.
(30) Ibid.
(31) Ibid.
(32) Donna Nincic, Maritime Piracy in Africa – The Humanitarian Dimension, African Security Review,18(3), Institute for Security Studies, 2009, http://www.iss.co.za.
(33) Pirate attacks in South East Asia have dropped considerably following the Regional Cooperation Agreement on Combating Piracy and armed robbery against ships in Asia (ReCAAP). ‘Marine Piracy,’ 4 October 2010, http://www.media.tmmarket.com. p.15.
(34) Mary Kimani, ‘Stopping high-seas piracy: More regional co-operation needed for peace and security,’ Africa Renewal, 2009, http://www.un.org.
(35) Department of International Relations and Cooperation Strategic plan, http://www.info.gov.za
(36) Joint Communique of the Ministerial Meeting on Piracy and Maritime Security in the Eastern and Southern Africa and Indian Ocean Region, Joint Africa-EU Strategy website, 7 October 2010, http://europafrica.net.
(37) Ibid.

Written by Pratiksha Chhiba ⁽¹⁾