Strategy for the Danish Measures Against Piracy and Armed Robbery

Ministry of Foreign Affairs Ministry of Defence Ministry of Justice Ministry of Business and Growth

STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 STRATEGY FOR THE DANISH EFFORT AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 May 2015 Publisher: Ministry of Foreign Affairs of Denmark Asiatisk Plads 2 1448 Copenhagen K Denmark Phone +45 33 92 00 00 E-mail [email protected] Internet www.um.dk Design: Rosendahls A/S Print: Rosendahls A/S Cover photo, left to right: Danish Defence, Corbis, and Danish Defence Back page photo: DANIDA CONTENTS

1. INTRODUCTION 5 2. STRATEGIC CONSIDERATIONS 6 3. HORN OF AFRICA 9 3.1 The situation and challenges on the Horn of Africa 9 3.2 An active Danish role in the international cooperation 10 3.3 Combating piracy off the Horn of Africa 12 3.4 Capacity building 16 4. THE GULF OF GUINEA 21 4.1 The situation and the challenges in the Gulf of Guinea 21 4.2 An active Danish role in the international cooperation 22 4.3 Combating piracy in the Gulf of Guinea 24 4.4 Capacity building 26 5. THE DANISH EFFORT OUTSIDE OF THE FOCUS AREAS 30 6. PROTECTION OF THE SHIPPING INDUSTRY AND THE SEAFARERS 31 7. KNOWLEDGE BUILDING 34 8. RISK ELEMENTS 35 9. MONITORING AND REPORTING 36 Abbreviations 37

CONTENTS 1 SUMMARY

Piracy and armed robbery at sea is a of Africa and the earlier strategy cover- a seafaring nation, as well as a compre- challenge of global proportions and a ing the 2011-2014 period. hensive development commitment. The joint global responsibility - a responsi- Gulf of Guinea is therefore included as a bility, which Denmark is strongly com- An effective international effort, to new focus area in the strategy. mitted to fulfil. For a seafaring nation as which Denmark has contributed signifi- Denmark, which is responsible for more cantly, has resulted in a strong decline in However, piracy is a global challenge than ten percent of the global transport pirate attacks off the Horn of Africa over and Denmark will continue to partici- measured in value, the problem of piracy recent years. Despite this positive devel- pate in and contribute to the combating and armed robbery at sea is substantial. opment, the pirates still have the capac- of piracy and armed robbery at sea in Furthermore, piracy and armed robbery ity and the intention to commit piracy other regions where significant Danish at sea has great personal costs for peo- and the root causes for piracy in Somalia shipping interests are at stake. ple held hostage and their relatives, as still exist. The piracy activity can rekin- well as those who work on ships passing dle if the international presence is with- A long-term and sustainable solution to through the areas impacted by piracy. drawn. Therefore, a continued Danish piracy and armed robbery at sea requires commitment off the Horn of Africa is a comprehensive development effort on The government is committed to com- necessary. land. There is a need to tackle the root bat the problem of piracy and armed causes for piracy such as conflict, insta- robbery at sea. The overall aim of this While pirate attacks have been on the bility, organised crime, lack of or weak strategy is to contribute to the security decline off the Horn of Africa, piracy state structures, poor governance, unem- of the Danish and international ship- and armed robbery at sea in the Gulf of ployment and poverty. These are chal- ping industry and seafarers in waters Guinea has been a cause of increasing lenges that require broadly-based and in- where Denmark has significant shipping international concern, as the attacks of- tegrated stabilisation and development interests ten involve great risk to the crew on the efforts, which must be implemented in captured ships, whose lives are often sec- parallel with other initiatives described The strategy for 2015-2018 builds on ondary to the value of the cargo for the in this strategy. experience from recent years of Danish pirates. Denmark has considerable trad- counter piracy engagement off the Horn ing interests in West Africa, not least, as

2 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 THE STRATEGY FOCUSES ON DENMARK’S CONTRIBUTION TO

• Promote international coordination • Contribute to selected partners’ activ- • Promote the Danish regulations on and focus on combating piracy and ities in the Gulf of Guinea in order to increased protection of the seafarers armed robbery at sea as well as to develop the knowledge of maritime in the event of piracy at an interna- integrate approaches and a strength- security in the region and ensure the tional level. ened regional cooperation and own- best basis for decision-making in a ership. possible future Danish military effort.

• Continue efforts to combat piracy off • Find practical solutions to the legal the Horn of Africa by using the mil- challenges involved in combating pi- itary involvement needed, including racy. contribution of staff, naval vessels, maritime helicopters and military • Continue the international effort to surveillance aircraft as well as military target the pirates’ kingpins, includ- capacity building efforts. ing through initiatives against money laundering. • Building capacities so the countries themselves can tackle the challenges • Control of ships’ compliance with the in the long term, including support- Best Management Practice (BMP). ing the regional maritime cooperation and building concrete coastal • Prepare joint guidelines for foreign guard capacities. seafarers’ rights and obligations in relation to piracy as well as the handling of the seafarers’ rights after release.

SUMMARY 3 Source: Danish Defence

4 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 1. INTRODUCTION

Piracy and armed robbery at sea is a tion is to ensure the Danish shipping in- armed robbery in the Gulf of Guinea. challenge of global proportions and is a dustry the best possible framework and The strategy will also affect the efforts in joint global responsibility - a responsi- offer the seafarers a modern working life other regions where significant Danish bility which Denmark is strongly com- with good working conditions in a safe shipping interests are at stake. mitted to fulfil. The global challenges of workplace. piracy comprise a threat to international A long-term and sustainable solution to trading and transport, which hinders the The overall aim of this strategy is to piracy and armed robbery at sea requires free flow of goods and undermines re- contribute to the security of the Danish a comprehensive development effort on gional stability and development. For a and international shipping industry and land. There is a need to tackle the root seafaring nation as Denmark, which is seafarers in waters where Denmark has causes of piracy such as conflict, instabil- responsible for more than ten percent of significant shipping interests. ity, organised crime, lack of or weak state the global transport measured in value, structures, poor governance, unemploy- the problem of piracy and armed rob- Denmark has significant experience ment and poverty. These are challenges bery at sea is substantial. in providing military, political, legal requiring broadly-based and integrated and financial contributions to counter- stabilisation and development efforts, In recent years, piracy and armed rob- act the piracy threat. In 2011, the first which must be implemented simultane- bery at sea has constituted a considerable Danish strategy for combating piracy ously with other initiatives described in threat to the global commercial shipping was launched. This created a general this strategy. industry. Furthermore, it has great per- framework for Danish efforts to com- sonal costs for people held hostage and bat piracy, which was mainly aimed at their relatives, as well as those who work the piracy threat off the Horn of Africa. on ships passing through the areas im- This strategy for 2015-2018 builds on pacted by piracy. the experience of combating piracy off the Horn of Africa. The geographic fo- The government is committed to com- cus of the future effort will be extended bat the problem of piracy and armed to include West Africa where Denmark robbery at sea. The government’s ambi- will initiate an effort against piracy and

INTRODUCTION 5 2. STRATEGIC CONSIDERATIONS

The strategy has four main objec- Thus, the Danish effort partly consists A great deal of the Danish shipping in- tives: of the deployment of military contri- dustry sails through the waters off the 1. To protect Danish and international butions, which have a preventive effect Horn of Africa where Somali piracy shipping and seafarers. and provide the opportunity to stop and constitutes a serious threat. In addition, 2. To combat piracy and armed robbery apprehend pirates. Likewise, the Danish Denmark has a comprehensive devel- at sea. effort to establish the necessary frame- opment commitment in the region and 3. To build capacities in the regions in works for prosecution of the pirates and thus a continued interest in as well as an order for the affected countries to be their kingpins is significant. Further- opportunity to support the development capable of handling the piracy chal- more, capacity building aims to develop of a stable Somalia with respect for in- lenge in the long term. the affected countries’ and regions’ com- ternational law and order and a positive 4. To promote regional and internation- petencies in order for them to handle influence on the rest of the region. al cooperation for a well-coordinated the piracy challenge, in the long term. and effective joint effort against pira- Finally, it is crucial to acknowledge that An effective international effort has re- cy and armed robbery at sea. an effective Danish effort requires mul- sulted in a significant decline in pirate tiple efforts. Therefore, well-coordinated attacks off the Horn of Africa over recent A multi-based, integrated effort international cooperation is required to years. There have been many contribut- Piracy and armed robbery at sea are handle the transnational threat of piracy. ing factors, including naval presence in complex challenges. In cooperation with the waters off the Horn of Africa, the in- partner nations and based on recent Geographic focus dustry’s compliance with Best Manage- years’ experience combating piracy off Geographically, the government has ment Practice (the so-called BMP4) as the Horn of Africa, Denmark has devel- chosen to focus the strategy and its well as prosecution of pirates. The inter- oped a variety of mutually supporting means on the Horn of Africa as well as national effort has been adapted regular- initiatives, which have proved effective the Gulf of Guinea where piracy and ly to the ongoing development. Despite in combating piracy and armed robbery armed robbery at sea is a particularly se- this positive development, the pirates at sea. rious challenge. still have the capacity and the intention to commit piracy and the root causes for piracy in Somalia remain.

6 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 If the international presence is with- drawn and steps are not taken to address THE DEFINITION OF PIRACY AND ARMED ROBBERY AT SEA Piracy is defined in the UN Convention on the Law of the Sea (UNCLOS) article the socio-economic problems constitut- 101 from 1982 as a crime that takes place on open sea - i.e. outside of the states’ ing the underlying causes of the threat, jurisdiction. Similar crimes in states’ territorial waters are not regulated in the piracy activity can rekindle. Therefore, Convention on the Law of the Sea, but are often described as ”armed robbery the Horn of Africa will remain a focus at sea”. The distinction between actions on open sea (piracy) and actions in a area in the strategy. state’s territorial waters (robbery at sea) are significant in relation to the states’ rights, obligations and possibilities to intervene in the crime. In this strategy, the term ”piracy” is used generally and also for situations that are formally defined as The Gulf of Guinea is included as a new ”robbery at sea”. focus area for the strategy. Denmark has considerable trading interests in West Af- rica, not least, as a seafaring nation. At the Time frame million) for long-term capacity building same time, Denmark has development The strategy will apply for a four-year efforts to combat piracy. At the same cooperation with countries in the region period (2015-2018) and sets the frame- time, up to DKK 15 million has been and consequently an interest in establish- work for the broad-based Danish com- reserved in the period 2015-2017 for ing stability and sustainable economic de- mitment to combat piracy. This pro- maritime security in West Africa. In ad- velopment. Over the past years, piracy in vides a stable basis for planning and dition, the Danish Ministry of Defence the Gulf of Guinea has been a cause for implementing the efforts needed. How- has reserved resources for military efforts increasing international concern, as the ever, a mid-term evaluation of the effort against piracy and armed robbery at sea. attacks often involve great risk to the crew will be performed in 2016, which will In 2015, the Danish Armed Force’s na- on the captured ships, whose lives are of- ensure that the implementation takes val and air contribution to combating ten secondary to the value of the cargo for significant developments in the inter- piracy is expected to amount to a total of the pirates. Thus, there is a risk of brutal national and regional context into con- DKK 80 million (estimate of the overall use of violence and therefore severe consideration. The evaluation will coincide additional costs) and expenses for the sequences for the seafarers off the West with the expiry of NATO’s and the EU’s Armed Force’s military capacity build- African coast. anti-piracy operations off the Horn of ing initiative are expected to comprise Africa and is a good starting point for approx. DKK 7 million in 2015. Fur- However, piracy is a global challenge adjustment of the effort. thermore, the government will reserve and Denmark will continue to partici- up to DKK 450 million in the period pate in and contribute to the combating The government expects to allocate a 2015-2017 for the Somalia country pro- of piracy and armed robbery at sea in portion of the funds through the Peace gramme, which addresses several root other regions where there are significant and Stabilisation Fund’s programme to causes of piracy. Danish shipping interests at stake. the Horn of Africa (total of DKK 215

STRATEGIC CONSIDERATIONS 7 Source: Danish Defence

8 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 3. HORN OF AFRICA

3.1 The situation and challenges on in September 2013. It sets political, se- the Horn of Africa curity and development goals in order to promote a secure, democratic, inde- The political situation and piracy pendent and federal Somalia. in Somalia Piracy off the Horn of Africa originates With international assistance, Somalia from Somalia, which is one of the world’s has made concrete progress in recent most fragile countries. The country is years. The African Union Mission in recovering from more than two decades Somalia (AMISOM), in joint opera- of civil war and state collapse, where in- tions with Somalia’s own armed forces, stability, poverty and lack of rule of law has successfully liberated large parts of have enabled the growth of widespread southern and central Somalia from the and organised piracy. The growth in pi- terror organisation, al-Shabaab. This has racy is thus closely connected to the po- made it possible to further stabilise the litical and socio-economic development country and has created the basis for a in Somalia. more democratic future through politi- Source: Danish Defence cal and economic reforms. Therefore, it However, in 2012 the foundation for has also improved the possibility of in- the situation in large areas of southern a more stable and democratic state was hibiting Somali piracy. and central Somalia, including Juba, and laid with the establishment of Somalia’s to some degree also Puntland, is more federal government, a new provisional However, Somalia is still affected by the unstable. Despite AMISOM’s military constitution, a new parliament as well as political conflict between the various re- operations, al-Shabaab has continued a peaceful election of the current pres- gions and clans, which creates a fragile control over considerable parts of So- ident. An ambitious New Deal nation- situation with limited enforcement of malia where the central government’s al agreement on Somalia, the Somalia law and order, making piracy possible. legitimacy and governing ability is con- Compact, was also adopted in Brussels While Somaliland is relatively peaceful, sequently often strongly limited.

HORN OF AFRICA 9 Lack of law and order in Somalia, which dustry), armed guards on board and the 3.2 An active Danish role in the was a strong contributing factor to the international naval efforts on the Indian international cooperation growth of piracy, continues to be a chal- Ocean and the Gulf of Aden. In addi- lenge in large parts of the country and tion, there has been an incipient effort GOAL: there is no prospect of a sustainable solu- from the Somali coastal guard and So- TO PROMOTE INTERNATIONAL tion to the root causes for piracy in the mali pirates can now be convicted and KNOWLEDGE-SHARING AND CO- short and medium term. transferred to serve their sentences in ORDINATION OF COMBATING PI- Somalia as a result of a comprehensive RACY OFF THE HORN OF AFRICA. The development in the piracy legal sector effort. situation The International Maritime Organisa- At the end of 2014, hostages are still The piracy challenge requires a coor- tion (IMO) estimates that the number held captive in Puntland and many ac- dinated international effort. There are of pirate attacks off the East African tors involved in piracy remain unpun- many international stakeholders in- coast has dropped from 223 in 2011 to ished in Somalia and without the risk of volved in combating piracy and, in re- 20 in 2013. prosecution. These people and networks cent years, the overall international ef- constitute a risk of new piracy actions at fort has led to a decline in the number sea. of successful pirate attacks. Denmark Piracy attacks in 2010-2013* will continue to participate in the international cooperation aiming to promote effective knowledge-sharing and coordination to combat piracy and armed robbery at sea off the Horn of Africa.

The UN plays an important role in combating piracy off the coast of Soma- Source: IMO* contains fended off as well as successful attacks lia. Through resolutions, the UN Secu- rity Council has set the frameworks for international efforts1. The change is attributed to a number of factors, such as the shipping lines’ changed sea routes, implementation of 1 This includes, among others, 1851 (2008), 1897 so-called BMPs (recognised procedures (2009), 150(2011), 2039 (2012), 2125 (2013), 2184 for the protection of the shipping in- (2014)

10 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 The naval forces in the area operate off chairmanship until 2014, and Denmark ment (IGAD), has focused on combat- the Horn of Africa on a mandate from the is playing an active role in the working ing piracy and its root causes on land in UN, which encourages states and organi- group for capacity building. Continued Somalia. This includes a strategy which sations to participate in combating piracy participation in the contact group and is part of the regional piracy strategy for off the Horn of Africa with naval forces similar international coordination fora the ‘ESAIO’ region encompassing east- and aircraft. A range of the UN organi- will be a Danish priority. ern and southern Africa as well as the sations have initiated efforts against pira- Indian Ocean region. cy, which Denmark has supported. This The EU has formulated a strategy for the includes the UN Office on Drugs and efforts on the Horn of Africa, which has The ‘Djibouti Code of Conduct’ initiative Crime (UNODC), the UN International combating of piracy as a key element. The has established cooperation between coun- Maritime Organisation (IMO), the UN EU has also launched a number of initia- tries in the region with a view to informa- Development Programme (UNDP), the tives for the combating of piracy through tion sharing and capacity building in rela- UN Office of Legal Affairs (OLA) respon- capacity building in the region, including tion to combating piracy. IMO has been sible for the law of the sea and the UN As- via EUCAP Nestor, among others. EU- responsible for the implementation of co- sistance Mission in Somalia (UNSOM). CAP Nestor is explained in section 3.4. operation, which will gradually transition It will continue to be a Danish priority Denmark considers an active EU com- to regional control, thus comprising an im- to work for an active UN engagement on mitment on the Horn of Africa, which portant platform for the regional efforts2. the Horn of Africa to combat piracy and prioritises efforts against piracy and armed armed robbery at sea. robbery at sea, as a significant contribu- It will continue to be a Danish priority tion to the international cooperation. to support an active regional commit- The Contact Group on Piracy off the ment to combat piracy through specific Coast of Somalia (GCPCS) is responsible The African Union (AU) focuses on contributions to the regional processes. for the coordination of the international maritime issues and has adopted an Af- community’s efforts. The contact group’s rican Maritime Strategy (2050 Africa’s With the adoption of ‘The Somali Com- function has been adapted regularly to Integrated Maritime Strategy), to which pact’, Somalia and the international the situation and consists of a number of Denmark has contributed (see section community established a framework for working groups that are tasked with ca- 3.4). On the basis of this strategy, the the prioritisation of Somali efforts and pacity building, legal challenges, handling regional organisations on the continent developments within peace, stability and the issue of pirate kingpins etc. Denmark have adopted or commenced the devel- state-building. The Compact is a good considers the group instrumental to the opment of regional maritime security basis for the dialogue with the federal So- international coordination and contrib- strategies. At the regional level, the East utes to the group’s work. For instance, the African cooperation organisation, Inter- 2 The international cooperation on the more specific legal working group was under Danish governmental Authority on Develop- capacity building will be explained in section 3.4.

HORN OF AFFRICA 11 mali government concerning the expec- 3.3 Combating of piracy off the tations Denmark and the international Horn of Africa community have for the effort to combat piracy and prosecute the pirate kingpins. GOAL: Furthermore, with assistance from the TO PROMOTE MARITIME SECU- international community, Somalia has RITY OFF THE HORN OF AFRICA adopted a Maritime Resource and Secu- AND ON THE INDIAN OCEAN rity strategy. The strategy has provided guidance to the sub-working group, Ca- THE MILITARY EFFORT pacity Building, under the CGPCS con- Source: Danish Defence tract group with respect to capacity build- The frameworks for the military ing. Denmark will continue to participate effort actively in this sub-working group. Since 2008, as one of the first countries, Denmark has actively participated in SPECIFICALLY, DENMARK WILL the international efforts to protect the • Work actively to keep combating of shipping industry and combat piracy off piracy off the Horn of Africa on the the Horn of Africa. At the start of the agenda in relevant organisations and effort in 2008, Denmark escorted ships with relevant partners. under the auspices of the UN World • Promote international coordination Food Programme with emergency aid Source: Danish Defence of the combating of piracy, including to Somalia. Denmark has continuously against pirates comply with human continued active participation in the increased and adapted its military con- rights obligations. international Contact Group for Piracy tribution to the international effort in off the Coast of Somalia (CGPCS) and accordance with the growth of the pira- Three international operations contrib- other relevant international fora. cy problem. ute with naval forces for the protection • Ensure local ownership by designing of civilian merchant vessels and combat- the Danish efforts to support the im- A number of Security Council resolu- ing of piracy off the Horn of Africa. This plementation of the African strategies tions adopted in the period provides the includes NATO’s Operation Ocean and in close coordination with re- states that cooperate with the transition- Shield, the EU’s Operation Atlanta and gional and local stakeholders. al government in Somalia the authority the American-led maritime coalition • Work for greater regional ownership to use the necessary means to combat force, Combined Maritime Forces (un- and coordination of combating pira- piracy. It is a prerequisite in the Secu- der which Task Force 151 focuses on cy in relevant fora. rity Council resolutions that operations combating piracy).

12 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 Moreover, India, China, Russia, Japan the negotiation procedures concerning that from 2015, NATO will be present and Iran, among others, have contribut- the release of hostages and ransom pay- with naval forces in inter-monsoon pe- ed naval assets of their own. The interna- ment have generally become longer. As a riods (from mid-March to end of May tional effort is coordinated between the result, it takes a long time for the pirates’ and mid-September to end of Decem- naval forces and the shipping industry at investments to yield a return while the ber). This is an adaptation, which Den- regular meetings under the framework risk of conflict and operations to rescue mark finds appropriate. There are con- of the Shared Awareness and Deconflic- hostages increases. To sum up, these siderations to reduce the effort further. tion (SHADE) forum, which meets in conditions have contributed to making At the same time, the force generation of Bahrain. piracy a far less lucrative business where ships - after the drop in attacks - will be the risks outweigh the profits. a challenge for the international effort. Since the first Danish anti-piracy strate- Going forward, Denmark will continue gy was adopted in 2011 and over several Additionally, there has been a significant to work on keeping combatting of piracy periods, Denmark has contributed to reduction in the pirates’ use of so-called on the agenda and identify flexible solu- Operation Ocean Shield with a ship in- mother ships, i.e. larger captured ships tions, which our partners can support. cluding a maritime helicopter, a Special used by the pirates for new hijackings. Maritime Insertion Unit as well as a sur- This development has limited the pi- Danish naval and air force efforts up veillance aircraft. Meanwhile, Denmark rates’ area of operation as the smaller to and including 2016 has also contributed to, and led, the vessels the pirates are now using, are Denmark will continue to counter pi- Combined Task Force 151 several times. less suitable for operations far from the racy off the Horn of Africa and on the coast. Reports from the International Indian Ocean. The fight against piracy The results of the military effort Maritime Bureau show that the average must be kept on the agenda. In order The international naval forces’ presence distance from shore to where the attacks to attract future partners in the fight has made it increasingly difficult for pi- were carried out, dropped from 400 km against piracy, Denmark must be able rates to carry out their attacks. Moreo- in 2010 to 50 km in 2013. Furthermore, to provide flexible solutions that are able ver, the cooperation between interna- the use of the smaller vessels means that to draw on all military resources. The tional forces and private stakeholders the pirates’ activity is, to a higher degree, goal for the Danish effort is to maintain has had a positive effect. This is done, limited to the periods between the mon- international military commitment as for example, by sharing information on soons where the weather conditions al- long as necessary so that piracy does not the maritime situation with merchant low operations with smaller vessels. constitute a substantial threat against the vessels through the NATO Shipping free movement and safety at sea. Centre. At the same time, detained pi- On the background of the drastic reduc- rates are now prosecuted and sentenced tion in pirate activity, NATO has decid- to a greater extent than before. Finally, ed to adapt Operation Ocean Shield so

HORN OF AFRICA 13 On this basis, the government will en- The legal effort sure that Denmark is still be able to con- It has been a Danish priority to contrib- tribute naval and air forces to combat ute to ensure practical solutions to the piracy up to and including 2016 after legal challenges, arising from the com- which the Danish contribution will be bat of piracy. From 2009 to 2014, Den- reviewed in light of the development in mark held the chairmanship of the legal the area of operation. working group (WG2) under CGPCS. In this period, the legal working group Up to and including 2016, the Danish has achieved a range of specific results. Armed Forces will continue to have the possibility to use different military ca- The working group has focused on en- pacities, such as the deployment of staff suring prosecution of alleged pirates, officers, naval assets, including maritime which is a key challenge in combating of helicopters, Special Maritime Insertion piracy. Somalia does not have a legal sys- Units and aircraft contributions to Source: Danida tem yet that can ensure prosecution of counteract piracy off the Horn of Africa. pirates in accordance with fundamental SPECIFICALLY, DENMARK WILL legal principles. Therefore prosecution In addition to the Danish naval and air • Deploy military assets as needed, in- has had to take place in other countries force contribution, Denmark will also cluding staff contributions, naval ves- in the region. In particular Kenya and continue to participate in the coordina- sels including maritime helicopters as the Seychelles have proved willing to re- tion of the international cooperation on well as military surveillance aircraft. ceive and prosecute alleged pirates. piracy combating and prevention, which • Reconsider the military contribution occurs in the various staffs under the for the period 2017-2018 in light of The most significant problem of pros- framework of, e.g. NATO and the co- the current piracy threat and the gen- ecution in the region has been limited alition headquarters for the Combined eral situation in the region. prison capacity rather than a lack of Maritime Task Force in Bahrain. There- • Deploy personnel to relevant opera- courts. As a result, the legal working fore, the Danish Armed Forces will also tional staffs and headquarters as well group has contributed to establishing deploy personnel to the various relevant as coordination fora for the interna- the legal and practical frameworks for operational staffs and headquarters. tional effort. prisoner transfers (’post-trial transfer • Work to retain combating of piracy system’) so that pirates who are convict- on the agenda of contributing part- ed in a country in the region are sub- ners and relevant organisations. sequently transferred to serve their sentences in prisons in Somalia.

14 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 The system has so far resulted in the Denmark has also participated in the In 2014, the Ministry of Justice, the transfer of 96 convicted prisoners from international cooperation on the coor- Public Prosecutor and SEIC, with the the Seychelles to Somalia to serve their dinating of the prosecution of pirates involvement of the Danish National Po- sentences. under the auspices of Interpol, Europol lice, the Ministry of Defence, Defence and Eurojust. The State Prosecutor for Command Denmark and the Ministry Along with a number of other donors, Serious Economic and International of Foreign Affairs of Denmark, prepared Denmark has provided support for an Crimes (SEIC), which attends to the a number of special guidelines that apply expansion and improvement of the pris- prosecution of people suspected of pi- to the detention of and use of coercive on capacity in Somalia (Puntland and racy if they can be prosecuted in Den- measures against alleged pirates in cases Somaliland) so that Somalia can receive mark, has a special role in this regard. As with Danish criminal jurisdiction. The convicted pirates to serve their sentenc- with other types of criminality, it is cru- guidelines are included as part of the reg- es. Serving sentences in Somalia presup- cial that there is necessary evidence to go ulations for the handling of detainees in poses adequate human rights protection through with a criminal case. Therefore, the Royal Danish Navy’s maritime secu- and regular international monitoring of SEIC participates actively in a Law En- rity operations outside of armed conflict the prisons has been initiated. Going forcement Task Force (LETF) which, in and consequently sets the framework for forward, a continued Danish engage- 2014, was established within the frame- an important aspect of the Danish com- ment regarding prison capacity will be works of CGPCS with the purpose of bating of piracy. necessary, including a commitment to increasing international cooperation on ensure a proper standard (see section prosecution of the pirate kingpins. The The international legal effort has thus 3.4). cooperation in LETF is promising and yielded good results. Denmark will con- can also contribute to investigators and tinue to participate in the internation- The international legal effort over re- prosecutors, who work with the inves- al community’s efforts to ensure legally cent years has thus focused on estab- tigation and prosecution of piracy cas- sustainable solutions for the combating lishing a framework for the handling of es, being able to exchange information of piracy. Denmark will simultaneous- the most significant international legal and organise cooperation in the specific ly continue to work for effective pros- challenges connected to combating pi- criminal cases. ecution of pirates in cooperation with racy. In May 2014 the working group relevant partners in the region. Going was turned into a virtual forum, but will Since 2013, SEIC has processed specific forward, efforts will be focused on pros- continue to function as a platform for criminal cases against people suspected ecution of the pirate kingpins who, until knowledge-sharing between the affect- of piracy and has participated in pre- now, have escaped prosecution. ed countries. Denmark will continue to ventative initiatives against piracy off the participate in the cooperation within the Horn of Africa. frameworks of the virtual platform.

HORN OF AFRICA 15 Since 2011, inter -ministerial working SPECIFICALLY, DENMARK WILL 3.4 Capacity building groups have regularly drawn up and up- • Retain and, as needed, develop the dated guidelines for the Danish Armed legal cooperation with relevant coun- GOAL: Forces on the detention and use of co- tries in East Africa on the prosecution TO BUILD CAPACITY IN ORDER ercive measures against alleged pirates of pirates. FOR THE COUNTRIES IN THE when there is Danish criminal jurisdic- • Continue to contribute to the resolu- REGION TO BE ABLE TO HANDLE tion. The guidelines contain specific tion of legal challenges related to the THE CHALLENGES OF PIRACY IN instructions for the procedure for gath- international community’s combat- THE LONG TERM ering evidence and for the communica- ing of piracy. tion between the involved Danish au- • Contribute to ensure proper stand- thorities. Moreover, an inter-ministerial ards in the prisons where pirates, A long-term and sustainable response to working group will be established with originally detained by Danish ships, the piracy threat off the Horn of Africa participation of the Ministry of Foreign serve their sentences. requires the countries in the region to Affairs of Denmark, the Ministry of Jus- • Actively participate in coordinating build their own capacities in order to tice and the Ministry of Defence which and knowledge-sharing in relation handle piracy and other maritime secu- will – initially regarding cases outside to specific cases of piracy, including rity challenges. Danish criminal jurisdiction - consider through participation in LETF, in possible law adjustments of the Danish similar fora and in bilateral dialogue Over a number of years, Denmark has Armed Forces’ investigation and prose- with relevant partners. participated in the international cooper- cution of pirates. • Work to maintain focus in relevant ation and supported capacity building in fora and in cooperation with partners nations in and around the Horn of Africa In addition, supporting the combat of - including the Somali government - so that they will be able to manage their kingpins and financing of piracy in the on the prosecution of the piracy king- own maritime security and combat piracy region will continue to be a priority. See pins. off the Horn of Africa in the long term. the section on capacity building. There are four areas where Denmark will continue to play a role by extend- ing existing activities and cooperation. Firstly, there is a need to support regional stakeholders in their efforts for knowledge-sharing and formulation of a joint response to the piracy threat.

16 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 Secondly, there is a need for building mar- al, regional and continental levels. The IMO has been responsible for the im- itime competencies and awareness in the advisor has established a network which plementation of the ‘Djibouti Code of region such as coast guard capacities with gives Denmark good insight into the Conduct’, which supports information a view to making the countries better able continental African needs and plans in sharing and capacity building related to to handle the exercise of traditional mar- the maritime area. the combat of piracy and, among other itime authority. Thirdly, it is essential to things, is responsible for the construc- continue the work within the legal and se- There is a continued need to strength- tion of the training centre in Djibouti curity sector in Somalia so that pirates can en the cooperation between the affected (Djibouti Regional Training Centre). be prosecuted and serve their sentences countries in the region as well as in the The ‘Djibouti Code of Conduct’ is an in the country. Finally, there is an ongo- regional organisations. These organi- important platform for dialogue and co- ing need for a targeted effort in order to sations can act as liaison in a strength- operation on regional capacity building, inhibit the pirate kingpins in their activ- ened coordination and cooperation in which Denmark will cooperate closely ities, including countering the financing the combating of piracy. An element with. of piracy. These are all efforts that require of this is Denmark’s continued joint a willingness to take risks, patience and Nordic support to the Eastern Africa b) Maritime capacity building persistence. These four areas are reviewed Standby Force (EASF) with a view to It is essential to build up the maritime below. strengthening the one to two-man Afri- capacity in the region. This applies to can maritime staff capacity, among oth- Somalia as well as other countries in the a) Regional cooperation er things. Looking forward, focus will region affected by Somali piracy. Since 2013, Denmark has had a mari- be on supporting EASF’s own ability to time planning advisor stationed to the independently implement the necessary This involves basic maritime capaci- AU, who has assisted and advised the training and education through the ed- ties such as ships and communication African Union (2050 AIM Strategy ucating of local trainers and instructors. equipment to more advanced systems to Task Force) in the development of the first African Integrated Maritime Strat- egy (2050 AIM Strategy) with a view to strengthening the AU member countries’ capacity to implement and further develop the exercise of maritime authority. Denmark will continue to support the AU in the implementation of the strategy and contribute to a coordinated approach to capacity building at nation- Source: Danish Defence

HORN OF AFRICA 17 establish Maritime Domain Awareness their participation in so-called IMO Au- (MDA). dits (IMO Instruments Implementation MARITIME DOMAIN AWARENESS Code), which will be mandatory for all (MDA) An early identification of any threat Denmark continues to support UNO- IMO member countries from 2016. The at sea is important for a state’s DC’s coast guard programme financially. audits are a system for quality assurance ability to take action proactively The programme has the aim to strength- of the individual countries’ shipping within the maritime domain. The en the Somali coast guard capacities. administration, which will support a maritime domain covers all areas This includes boats, spare parts, equip- and objects on, above, under or by certain level of maritime security in the the sea as well as related activities, ment and training of personnel as well region. Denmark has considerable expe- infrastructure, persons and goods. as establishing the relevant legal frame- rience from the area and will be able to The threat here is perceived very works for the coast guard. support the countries in East Africa in broadly and is not limited to their preparation of IMO audit. intentional actions, but could be a The Kenyan navy has received support contamination catastrophe as a result of an accident at sea, for example. in the form of training and education As a naval nation, Denmark has strong as well as technical support for mainte- competencies within coast guarding and MDA is an ideal condition where you are aware of all activities throughout nance facilities and spare parts, which will be able to contribute with counsel- the maritime domain that can has helped to increase the Kenyans’ abil- ling and training activities. The Danish impact one or more of the aspects ity to operate at sea, including in anti-pi- Armed Forces has previously provid- (security, welfare, environment and racy operations on the Indian Ocean. ed bilateral support to the Seychelles economy) that are included in MDA. The cooperation will be expanded in through financial support for the pur- MDA is thus about the ability to achieve broad situational awareness 2015. Additionally, in 2015 Denmark chase of smaller patrol boats and to So- through the gathering of large will investigate the prospects for sup- malia through counselling. volumes of data and information porting the Kenyan maritime authori- and being able to convert this into ties’ establishment of MDA, which will It is crucial that the effort is coordinat- knowledge by which it is possible increase the ability to deploy the neces- ed with international, regional and local to react effectively and timely vis-á- vis any threats to security, welfare, sary capacities for the exercise of author- stakeholders so they interact optimally economy and environment within ity in relation to countering piracy. with ongoing or planned efforts. Den- the maritime domain. Consequently, mark will actively explore the possibilities MDA plays an important role in the Denmark has a number of specific com- to implement training activities within suppression of piracy and armed petencies that can be included in bilat- the framework of the programmes and robbery at sea. eral capacity building initiatives on the initiatives implemented by the partner It is noted that different definitions Horn of Africa. Among these, Denmark countries in the region. of MDA exist internationally. can assist local maritime authorities in

18 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 This applies to the American-led African ing pirates who have been prosecuted SPECIFICALLY, DENMARK WILL Partnership Station (APS), responsible for and sentenced, while the kingpins have, • Support the African Union with a mar- a number of capacity building initiatives most often, gone free. They still have the itime advisor in Addis Ababa for the in the region, including in relation to the capacity and the intention to commit pi- implementation of the AIM 2050 strat- handling of maritime challenges like piracy. racy, which is one of the reasons why the egy in the African member countries. positive development in piracy off the • Continue supporting the capacity c) The judicial system Horn of Africa is considered as reversi- building of the maritime staff ele- Denmark has supported the building ble. An effort against the pirate kingpins ment in EASF. and rehabilitation of Somali prisons as is therefore crucial to ensure an effective • Continue the support for the build- well as the training of relevant person- tackling of piracy in the long term. ing of specific maritime capacities nel. This has been done through UN- and coast guard functions in the re- ODC. In 2014, the Garowe prison was Denmark has contributed to tighten- gion, including in Somalia as well as opened in Puntland with Danish sup- ing the grip around the pirates’ king- other affected coastal states. port. The prison has room for 500 pris- pins through the support for training of • Investigate the possibilities to support oners, of which the main part is reserved Kenyan and Somali police authorities the development of Kenyan navy and for pirates. Denmark’s support to Somali and reporting units in the combating civil maritime institutions’ ability to prisons has contributed to the transfer of of money laundering. At regional level, exercise MDA as the basis for Kenyan convicted Somali pirates to Somali pris- Denmark has supported capacity build- execution of maritime authority. ons. The risk of convicted pirates return- ing of the Ethiopian ministry of justice • Continue the support to Somali pris- ing to piracy after their release is reduced as well as the financial intelligence unit ons, including ensuring that the nec- by ensuring them proper conditions and to strengthen the combating of mon- essary prison standard is maintained. vocational training. The possibility of ey laundering on the Horn of Africa. • Investigate the possibilities for bilat- serving a sentence in Somalia is a pre- Among other things, the Danish sup- eral cooperation, including offering requisite for the country’s willingness to port has contributed to Ethiopia being relevant coastal states assistance to prosecute pirates. The work will contin- removed from the international organi- conduct IMO audits as well as train- ue to be a Danish priority in the future sation, Financial Action Task Force’s list ing and instructions within coast effort in Somalia, including ensuring of high-risk countries in October 2014. guard functions. that the necessary prison standard is This is due to major progress in the han- • Continue to determinedly pursue the maintained. There will be regular inter- dling of money laundering and terror pirate kingpins and their money, in- national monitoring of the prisons. financing. Denmark will continue to cluding considering whether the ex- support this work on countering money periences from Ethiopia and Kenya d) Countering the financing of piracy laundering in the region. can be transferred to other places in Until now, it is primarily the lower rank- the region.

HORN OF AFRICA 19 Source: Corbis

20 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 4. THE GULF OF GUINEA

4.1 The situation and the Ghana and other countries in the Gulf scending the territorial borders of the challenges in the Gulf of Guinea of Guinea are responsible for a third of coastal states. Hence, close coordination Africa’s oil production. The transport of and cooperation between the affected The political situation and piracy oil and natural resources from the region states is required. The UN has adopted in West Africa to the rest of the world, combined with resolutions, which make it clear that the The challenges in the Gulf of Guinea the mentioned challenges in the region’s states in the region have a leading role are essentially different from piracy off countries, attract criminality, which to play and that the international com- the Horn of Africa, not least, due to munity should support the effort against different political dynamics and anoth- maritime criminality in the region. In er type of geography. The maritime re- 2013, the states took initiative to estab- gional architecture in the Gulf of Guin- lish the principles and a framework for ea stretches over 6,000 km of coastline future measures against piracy and armed from Senegal to Angola and includes robbery at sea in the region. The effort is 18 sovereign states. Parts of the Gulf in its early stages and the respective states of Guinea is affected by a combination are presently taking concrete initiatives to of factors, which make it sensitive to further the practical work in cooperation piracy, armed robbery at sea and other with international partners. forms of organised crime. A number of countries around the Gulf of Guinea are The development in the piracy characterised by instability, widespread situation corruption and post-conflicts with inef- Source: Danish Defence Over recent years, focus on piracy in the fective governments, weak judicial sys- Gulf of Guinea has grown. In 2013, 74 tems, insufficient naval forces and coast manifests itself especially in piracy and pirate attacks were reported in the Gulf guards. The Gulf of Guinea is home armed robbery at sea. of Guinea, of which 11 led to hijackings. to one of the largest off-shore oil fields However, this number is encumbered in the world containing 4.5 percent of The challenges in the Gulf of Guinea are with some uncertainty due to a lack of the world’s oil reserves. Nigeria, Gabon, transnational with criminal activity tran- reliable statistics.

THE GULF OF GUINEA 21 As a result of the situation in Nigeria’s racy in West Africa arises in connection 4.2 An active Danish role in the waters, ships have begun to lay anchor with already existing criminality within international cooperation further west of Nigeria, Benin and Togo, the region’s oil sector. It is assessed that which have subsequently become more without the fast growing black market GOAL: important destinations for the exposed for oil in the region, attacks would be TO PROMOTE INTERNATIONAL part of the shipping industry in this con- drastically reduced. West African pirates KNOWLEDGE-SHARING AND nection. are characterised by the use of advanced COORDINATION OF COMBATING weapons, exercising aggravated assault PIRACY IN THE GULF OF GUINEA The attacks in West Africa differ on sev- and deprioritising the crew’s well-being, eral points from the piracy off the Horn given that the crew is of no value to the of Africa. The majority of attacks take pirates as opposed to piracy in East Af- Experience from the Horn of Africa has place in the countries’ territorial waters rica. In contrast to East Africa, attacks shown that piracy is best countered as part and are not, from a legal point of view, and hijacking in the Gulf of Guinea are of a larger international effort. Moreover, acts of piracy but rather armed robbery brief and often last from a few hours to maritime security in the Gulf of Guinea at sea. Attacks within the territorial wa- a few days and only in rare cases more is not only a matter for the affected coun- ters are a matter for the relevant state and than ten days. tries in West Africa. The challenges in the comprises the main part of the incidents Gulf of Guinea are of importance for a in West Africa. The question of whether large number of other stakeholders who the attacks take place within or outside have commercial, security or develop- of the territorial waters is thus significant ment interests in the region and who can in relation to the states’ rights, obliga- contribute positively to the combating of tions and possibilities to intervene. piracy in West Africa.

The attacks in West Africa are mainly As mentioned, at the initiative of Be- acquisitive crime with focus on raw oil, nin, Nigeria and Togo, the UN Security which over recent years appear more Council has adopted resolutions3 that organised. It is estimated that 200,000 encourage the states in the west and cen- - 300,000 barrels of oil are stolen daily, tral African region to take on a respon- corresponding to an annual loss of USD sibility to secure their coastlines and to 4-6 billion. The main part of the attacks determine an overall regional strategy. occurs in Nigerian waters, but especially Benin, Togo and the Ivory Coast have also been affected. A large part of the pi- 3 2018 (2011) and 2039 (2012)

22 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 Denmark supports this African own- with international partners, can take in or- racy and maritime criminality. This is ership and commitment. The Security der to support the countries in the region. known as the Yaoundé process and is Council has also encouraged the region’s The EU is also involved in a number of in accordance with resolutions from the international partners to continue to projects that have the purpose of provid- UN Security Council, the African Peace support the effort in the Gulf of Guinea. ing support to the sea transport sector in and Security Architecture (APSA) and Denmark intends to live up to this call West and Central Africa and to ECCAS the joint EU strategy. Efforts within the for increased international commitment. on security questions. In the future, a con- framework of the Yaoundé process are tinued and active EU involvement in the therefore a priority in the future Danish A number of UN organisations are al- Gulf of Guinea will be a Danish priority. commitment in the Gulf of Guinea. ready actively working to counter piracy in West Africa, including for example, The African Union (AU) has commit- One of the most important channels for UNODC’s involvement within the legal ted to the handling of maritime securi- cooperation between the international sector. Across the board, IMO aims to ty with, among other issues, the adop- community and the region on the piracy raise the countries’ coast guard capaci- tion of the African Integrated Maritime question is the G7++ Friends of the Gulf ties, ranging from the protection of the Strategy (AIM 2050). With the starting of Guinea (FoGG) group, which put the environment to combating smuggling point in this strategy, the economic coa- question of maritime security on the agen- and piracy. The organisation has recent- lition of West African states (ECOWAS) da in 2011. The group consists of the G7 ly launched a trust fund, which aims at has adopted its own maritime strategy. countries, regional states and a number of strengthening regional capacity building Denmark will continue the support to interested third countries (Australia, Bel- within maritime security in the Gulf of the AU’s implementation of AIM 2050 gium, Brazil, Denmark, the Netherlands, Guinea. Denmark will work for a con- (see also section 3.4). Norway, Portugal, the Republic of Korea, tinued active UN commitment in the Spain and Switzerland). G7++ FoGG Gulf of Guinea in order to combat pira- The heads of state and government from supports the Yaoundé process and Den- cy, including through the support of the ECOWAS, ECCAS and the Commis- mark considers the group one of the most UN’s efforts in the region. sion for the Gulf of Guinea (GGC) de- significant international fora for strategic cided, as mentioned, at a summit meet- discussion and coordination of the efforts In March 2014, the EU adopted a strat- ing on maritime security in June 2013 in the region. egy for maritime security in the Gulf of in Yaoundé, Cameroon, to strengthen Guinea, which Denmark has actively the coordination and cooperation in The practical regional cooperation that contributed to formulating. The strategy the area. This will be done, partly, by aims to prevent and combat piracy is focuses on the threats against the coastal establishing strategic, planning and legal under development and has led to the states in the region and against the EU. frameworks for a cohesive, coordinated establishment of the Interregional Co- It defines initiatives which the EU, along and effective regional effort against pi- ordination Centre (ICC) in Cameroon,

THE GULF OF GUINEA 23 which will function as the focal point for SPECIFICALLY, DENMARK WILL 4.3 Combating piracy in the Gulf of the coordination of the regional efforts, • Work actively to keep the combating Guinea including naval operations regarding mar- of piracy in the Gulf of Guinea on the itime security. This is closely connected to agenda in relevant organisations and GOAL: already existing international cooperation with relevant partners. TO PROMOTE MARITIME SECURI- measures in the area (see section 4.4). ICC • Promote international coordination TY IN THE GULF OF GUINEA is an appropriate platform for dialogue on of the combating of piracy in the the joint efforts against piracy in the re- Gulf of Guinea, including actively gion. Therefore, Denmark will work to participate in G7++ FoGG as well as The frameworks for a future military further the cooperation between the Cen- similar international fora. effort tre and relevant international partners. • Ensure local ownership by design- The international effort against pira- ing the Danish efforts to support the cy in West Africa involves significantly The bilateral dialogue with the coastal implementation of the African strat- different conditions than in East Africa. states in West Africa is instrumental in egies and in close coordination with Primarily because the attacks in the Gulf clarifying the possibilities for cooperation regional and local stakeholders. This of Guinea mainly occur in territorial and the establishment of joint visions for includes supporting dialogue and co- waters, which means that international the future Danish effort in the Gulf of ordination within the framework of efforts can only be done by invitation Guinea. Therefore, Denmark will actively the Yaoundé process. from the relevant countries. Therefore, use its diplomatic presence in West Africa • Actively use the Danish diplomatic international law and the laws of the sea to strengthen the bilateral dialogue with presence in West Africa to promote cannot be similarly used in the same way leading countries in the region, including dialogue and cooperation on mari- as on the Horn of Africa. through the newly established embas- time security with leading countries sy in Abuja, the trade office in Lagos as in the region as well as with relevant Regionally, it has proved difficult to well as the embassy in Accra. In addition, partner countries, such as France, combat piracy in the Gulf of Guinea. Denmark will station a maritime growth United Kingdom and the USA. At the same time, the coastal states’ gov- consultant in Accra, which will give the • Station a maritime growth consultant ernments have not yet given permission possibility for a strengthened dialogue to Accra who can participate in the for foreign state and military vessels’ with authorities and trade interests on dialogue with trade interests and local presence in their territorial waters with a maritime security in the Gulf of Guinea. authorities on piracy. view to countering armed robbery at sea. The majority of the coastal states only In West Africa Denmark will also utilise allow the use of local armed guards and its experience regarding international thus not the use of armed guards from coordination and knowledge-sharing civilian companies or other nations in from the work in CGPCS.

24 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 such an effort must be carefully considered. Denmark has limited experience with military engagement and military cooperation with the coastal states in the region. Therefore, the Danish effort will initially focus on establishing a better understanding of the challenges and the stakeholders in the region. This can be done by cooperating with other partners operating in the region as well as through participation in military exercises.

The establishment of a Danish embassy in Nigeria in August 2014 can contribute to this, including increased dialogue with West African maritime authorities and naval units. The Danish Defence will investigate the possibility of establishing a position in the region in order to be able to advice on maritime security.

Source: Danish Defence Denmark will work on deploying Dan- ish staff officers to selected partner coun- their territorial waters. Therefore, the waters can have a deterring effect even tries who operate in the area with the military solutions that have yielded good though the pirates most often operate in aim to gain knowledge of the regional results in East Africa cannot be used in territorial waters. context and to create an overview of how West Africa and the international mil- a Danish effort would be most effective. itary effort is expected, first and fore- Considerations on the future effort Moreover, Denmark will regularly con- most, to focus on capacity building and Denmark does not rule out a future sider initiatives that can strengthen di- support for the coastal states’ own navy military engagement that goes beyond alogue and cooperation with maritime and coast guard forces (see section 4.4). capacity building if this is required re- authorities and units in West Africa. French experience, however, indicates gionally. However, given the political that military presence in international and security challenges in the region,

THE GULF OF GUINEA 25 SPECIFICALLY, DENMARK WILL 4.4 Capacity building Regional cooperation • Contribute with Danish staff officers The region is facing a large number of for selected partners’ activities in the GOAL: TO BUILD CAPACITY IN OR- challenges in relation to exercising au- region and in doing so create a better DER FOR THE COUNTRIES IN THE thority in the coastal guard and law en- decision-making basis for a possible REGION TO BE ABLE TO HANDLE forcement area. Many of the countries in future Danish military and capacity THE CHALLENGES OF PIRACY IN the region have insufficient institutions building effort. THE LONG TERM and there is a lack of common stand- • Seek participation in international ards concerning the training of mili- and regional military exercises in or- In order to safeguard the shipping in- tary and coastal guards, structures for der to contribute to capacity building dustry and the seafarers in the Gulf of information sharing and cooperation. and to gain knowledge on the chal- Guinea, it is crucial that the coastal In addition, the responsibility for mari- lenges and stakeholders in the Gulf of states build their own capacities to be time security at national level in the ter- Guinea. better able to handle the challenges of ritorial waters is shared between several • Investigate the possibilities of estab- maritime security. In this regard, there authorities, including the naval force, lishing a position in the region in are three areas in particular that need coast guard and police. This can further order to advise on maritime security. support. Firstly, this concerns strength- complicate an effective response to spe- ening the regional cooperation in the cific attacks. Thus, there is a need for maritime area so the coastal states will an integrated approach where a number improve their ability to effectively coun- of national authorities are strengthened ter cross-border threats from pirates and and at the same time, an increased re- armed robbery at sea. Secondly, there is gional cooperation on e.g. information a general need to strengthen the mari- sharing and coordination of activities time competencies in the coastal states, within maritime security. including the establishment of MDA in the region in order to create a common In addition to the political support for understanding of the situation at sea. the Yaoundé process through G7++ Finally, it is necessary to build expertise FoGG, Denmark will also be able to within the judicial system so that alleged support the implementation of declara- pirates and other criminals can be prose- tions from ECOWAS and ECCAS on cuted and sentenced for crimes commit- increased cooperation and coordination ted at sea. within maritime security in cooperation with the African partners.

26 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 This could include support for the newly opened interregional coordination centre (ICC) in Yaoundé, Cameroon. ICC will create the strategic framework for the regional maritime coordination centre, which is planned in a number of maritime zones from Angola to Sen- egal. In the longer term, it is expected that ICC will be the strategic platform for the exchange of information and coordination of activities in all zones, and therefore constitutes an opportunity for support of specific initiatives under the regional cooperation on maritime security.

As mentioned in section 3.4, Denmark has had a maritime advisor deployed to the African Union in Addis Ababa in order to provide support for the for- Source: Danish Defence mulation of a maritime strategy for the African continent. The support to the maritime capacities continue to be weak maritime authority. In Ghana, the new- AU is expected to continue while oth- in West Africa. For example, this applies ly established information sharing cen- er options for secondments in regional to the ability to establish MDA as well tre - the Maritime Trade Information organisations and initiatives such as as capacities for and experience of im- Sharing Centre (MTISC) - contributes ECOWAS, ICC, etc. will be taken into plementing concrete anti-piracy and sea namely to a strengthened MDA in re- the consideration for the future Danish rescue operations. The building of mar- lation to the threat from piracy and effort. itime capacities will therefore be a Dan- armed robbery at sea. The initiative is a ish priority in the Gulf of Guinea. cooperation between private maritime a) Maritime capacities organisations and is supported by IMO, Even though the coastal states, to some A special priority will initially be the INTERPOL and a number of countries extent, have formal maritime authori- establishment of MDA, which is a pre- (e.g. Norway, the UK and the Nether- ties, the assessment is that a number of requisite for the effective exercise of lands).

THE GULF OF GUINEA 27 The centre is a platform for the volun- ity building initiatives. Consequently, in bat piracy off the coast of Somalia. As a tary exchange of information for private West Africa as well, Denmark can assist basis, West Africa is assessed as not hav- companies and can, among other things, the local maritime authorities in their ing the same legal challenges as was the send a warning to other ships in the participation in IMO Audits (IMO In- case in relation to piracy off the coast of area in the event of attacks or suspicious struments Implementation Code) and Somalia because the West African coun- behaviour as well as notify national au- offer training and advice within general tries’ foundation for handling the threat thorities. Denmark considers MTISC as shipping administration. of piracy is better than Somalia’s. complementary to ICC, which is established in Cameroon within the frame- There are several different international However, several countries in the Gulf work of the Yaoundé process. It will be military efforts in the area that are show- of Guinea acknowledge that effective a Danish priority to promote initiatives, ing good results in relation to capacity prosecution and sentencing of pirates is such as MTISC and in the long term, building of naval and coast guard forces essential. They have requested support ICC, which contributes to a strength- in the region. For example, the Ameri- for capacity building in this area. This ened MDA in the Gulf of Guinea. can navy has taken initiatives for region- regards the handling of specific cases on al capacity building and support for the piracy, armed robbery and other forms IMO has established a multi-donor coastal states’ own naval forces based on of maritime criminality in relation to the trust fund dedicated to capacity build- the international cooperation in the Af- gathering of evidence on board ships, ing within maritime security in the Gulf rica Partnership Station (APS). The ef- questioning of alleged pirates and hos- of Guinea, which is supported by the fort contributes to render the local naval tages, transfer of evidence to police and UK, Norway, Japan, Nigeria and Chi- units and personnel able to handle, for prosecutors and deciding on the ques- na. However, piracy is just one of sev- example, piracy in the long term. APS tion of jurisdiction and cases of extradi- eral challenges from a maritime security comprises a possible platform for mari- tion to neighbouring countries. Moreo- perspective and the trust fund will work time capacity building, which Denmark ver, there is a need for the adoption of with a broad variety of capacity building will consider participating in. national laws that criminalise piracy and tools. Therefore, support via multi-do- armed robbery at sea as well as the im- nor trust funds or multilateral organi- b) The judicial system plementation of national standards and sations will be part of the Danish con- As mentioned, combating piracy in guidelines. siderations to support capacity building West Africa differs in many ways from efforts. the challenges off the Horn of Africa Furthermore, Denmark will regularly where, at Somalia’s request, the Securi- assess whether there are other focus are- As mentioned in section 3.4, Denmark ty Council resolutions 1846/2008 and as that are relevant to the effort in West has a number of specific competencies 1851/2008 gave the international com- Africa. that can be supportive of bilateral capac- munity a judicial starting point to com-

28 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 This assessment will also take into con- SPECIFICALLY, DENMARK WILL sideration the experience from the effort • Plan Danish support for capacity on the Horn of Africa and will therefore, building in the region with special in the long term, be able to include ef- attention to efforts within (i) the re- forts to counter the financing of piracy, gional cooperation on maritime secu- an area which Denmark has experience rity, (ii) maritime capacities, and (iii) in. Compliance of human rights will be the judicial systems. Contributing to incorporated as an element in Danish the strengthening of MDA will be an capacity building initiatives. initial priority. • Work actively to promote capacity building efforts that prioritise local ownership in the region, including support for the Yaoundé process. • Investigate the possibilities for support through multilateral organisations and multi-donor trust funds for capacity building efforts in the Gulf of Guinea. • Investigate the possibilities for bilateral cooperation, including in relation to Danish contributions, in order to create more well-functioning local naval and coast guard forces and assist the relevant coastal states’ implementation of IMO Audits. • Regularly consider which experiences from the effort on the Horn of Africa can be advantageously brought into play in West Africa. This includes focus on the Danish experience of countering the financing of piracy and efforts within the legal sector.

THE GULF OF GUINEA 29 5. THE DANISH EFFORT OUTSIDE OF THE FOCUS AREAS

GOAL: TO CONTRIBUTE TO THE cooperation, there has been a long peri- SPECIFICALLY, DENMARK WILL COMBATING OF PIRACY IN OTHER od of reduction in the number of piracy • Retain the combating of piracy as REGIONS WHERE THERE ARE SIG- incidents in the region. a priority in international fora and NIFICANT SHIPPING INTERESTS with international partners globally, AT STAKE As a member state, Denmark has also including in particular, the UN, the actively supported IMO’s global work EU and NATO. Piracy is a global challenge. Denmark with maritime security and piracy, in- • Continue the Danish involvement in will continue to actively contribute to cluding the issue of armed guards on ReCAAP to combat piracy and armed the combating of piracy in other regions merchant vessels. Furthermore, Den- robbery at sea in Asia. where there are significant Danish ship- mark has an active part in a number of • Continue to actively participate in ping interests at stake. relevant policy processes, including in IMO’s work on maritime security, the development of the EU’s maritime with the combatting of piracy as a For example, Denmark participates ac- security strategy and in the prioritising Danish priority. tively in the Asian-based international of the maritime area within NATO. anti-piracy organisation Regional Co- operation Agreement on Combating Denmark will also continue the cooper- Piracy and Armed Robbery against ation with other states and international Ships in Asia (ReCAAP). ReCAAP is a organisations, including the maritime framework for initiatives that contribute industry, in order to strengthen the to inhibiting and combating piracy and standards and initiatives to combat pira- armed robbery at sea in Asia. The work cy. For example, this applies to the UN, is based on three fundamental coopera- the EU and NATO. tion components; exchange of information, capacity building, and operational cooperation in the region with a view to combating piracy and armed robbery at sea. Since the beginning of the ReCAAP

30 THE DANISH EFFORT OUTSIDE OF THE FOCUS AREAS 6. PROTECTION OF THE SHIPPING INDUSTRY AND THE SEAFARERS

GOAL: and armed robbery at sea has considera- physical characteristics combined with TO CONTRIBUTE TO THE PROTEC- ble impact on the commercial shipping the visible use of a number of precaution- TION OF DANISH SHIPPING AND industry and, not least, on the peo- ary measures. In the efforts to increase the DANISH SEAFARERS ple who are working on ships that sail protection of the shipping industry, it has through areas impacted by piracy. thus been essential to involve the shipping Danish ships and Danish seafarers find lines who have taken responsibility for the themselves in waters threatened by pira- One of the most important factors of safety of the ships by using precautionary cy every single day, all year round. Piracy whether a ship is attacked is the ship’s measures to prevent piracy.

Source: Danish Defence

PROTECTION OF THE SHIPPING INDUSTRY AND THE SEAFARERS 31 On this basis, there will continue to be In March 2011 the government decid- risk of piracy and armed assault. Such a focus on Danish ships’ compliance with ed to allow for the use of civilian armed general permit, in contrast to an individ- the international recommendations on guards on Danish ships in light of the ual permit, will not be associated with precautionary measures when sailing in pi- deteriorating situation in waters off the a specific sailing route, a specific secu- racy areas, the BMPs, which constitute an Horn of Africa. Consequently, the ship- rity company, named guards or specific important element in the prevention of pi- ping lines can get permission to use ci- weapons. racy. Since the beginning of 2012, Danish vilian armed guards on board a Danish ships have been required to register and re- ship if this is considered as a requirement The revised piracy strategy places in- port their sailing in high-risk areas off the on the basis of the general threat assess- creased focus on the protection of the coast of Somalia to the Maritime Security ment of the area. Moreover, other rele- seafarers. As part of the government’s Centre Horn of Africa (MSCHOA)4 and vant information on the case must not Growth Plan for The Blue Denmark, the United Kingdom Marine Trade Oper- contradict granting such permission. amendments to laws have already been ations (UKMTO)5, and Danish shipping made regarding seafarers’ employment lines must, to the relevant extent, take Such individual permission is given to conditions, which constitute a solid ba- the other parts of the BMP recommen- the shipping line for a number of named sis for their protection. This concerns dations into consideration in relation to guards on board a specific ship during a new regulations that give seafarers and procedures for the prevention of piracy. It detailed sailing route in a high-risk area their relatives better security in instances will be a Danish priority to continue the to possess, bear and use specific weap- of piracy and which enhance the ship- control of BMP compliance. In the event ons with associated ammunition with ping lines’ obligations in relation to Danish authorities receive reports that a the aim of exercising self-defence in the prevention, preparation and handling Danish ship has not complied with the event of a pirate attack. of piracy. Hence, the high Danish inter- recommendations, the authorities will in- national profile will be maintained while vestigate the incident further. In June 2012, the Danish Parliament the international level of seafarers’ pro- adopted an amendment to the law on tection is raised. weapons, which aimed at ensuring that 4 Maritime Security Centre Horn of Africa (MSCHOA) The centre was established by the European Union’s shipping lines could obtain faster and Denmark will continue to work to im- naval forces off the Horn of Africa (EU NAVFOR) and more flexible permissions to use civilian prove the working conditions for the advises ships that sail through the Gulf of Aden on anti- armed guards on board Danish ships seafarers, not least, in relation to ensur- piracy. 5 United Kingdom Marine Trade Operations (UKMTO) in areas where there is a risk of piracy ing the best possible protection while The British maritime office in Dubai, which acts as the and armed assault. The shipping lines sailing in the waters where the threat of connection between military forces in the region and can obtain a one-year permission to use piracy and armed robbery at sea is pre- merchant ships. They also administrate a voluntary system where ships can report their course and position. civilian armed guards on Danish cargo dominant. ships that sail in areas where there is a

32 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 On this background, Denmark will who, most often, participate in the han- SPECIFICALLY, DENMARK WILL work in the ILO to raise the new Dan- dling of a piracy incident. This includes • Retain focus on the ships’ compliance ish regulations on increased protection which steps these parties should take to with BMP. of the seafarers in the event of piracy to provide effective and fast support to the • Work in ILO to raise the new Danish an international level. The employment seafarers and their families. regulations on increased protection of of foreign seafarers without residence in the seafarers in the event of piracy to Denmark places special requirements on It is crucial that seafarers who are, or an international level and to promote ensuring that these seafarers know their who have been, in the pirates’ custody “Interim Guidelines on Measures Re- rights. On this basis, instructions will be are not forgotten. Therefore, Denmark lating to the Welfare of Seafarers and drawn up precisely for these seafarers on has contributed to the Piracy Survivor their Families Affected by Piracy off their rights and the regulations concern- Family Fund. The fund, which is es- the Coast of Somalia”. ing piracy. tablished within the UN, is aimed at • Prepare joint instructions for foreign providing medical or social support to seafarers’ rights and obligations in re- In this regard, an initiative will be taken seafarers who have been held hostage by lation to piracy and for the handling to complete a joint action plan for the Somali pirates. of the seafarers’ rights after release. handling of the seafarers’ rights after re- • Referral is also made to the previously lease. The purpose is to gather the au- mentioned capacity building initi- thorities’ and organisations’ efforts with atives that can be of crucial impor- the aim of clarifying the respective stake- tance to the protection of shipping holders’ and authorities’ responsibilities. and the seafarers. The action plan will be completed joint- ly between affected authorities and organisations.

Furthermore, Denmark will at an international level promote the “Interim Guidelines on Measures Relating to the Welfare of Seafarers and their Families Affected by Piracy off the Coast of So- malia”, which was formulated by the industry working group (WG3) under CGPCS. The guidelines provide instructions to the broad circle of parties

PROTECTION OF THE SHIPPING INDUSTRY AND THE SEAFARERS 33 7. KNOWLEDGE BUILDING

Combating piracy and armed robbery at al and local research institutions. Coop- sea are complex challenges, which require eration with local institutions like the a carefully calibrated combination of ef- Kofi Annan International Peacekeeping forts. Therefore, it is important to ensure Training Centre (KAIPTC), the Mar- the government the best basis for deci- itime University in Accra, the Institute sion when prioritising the Danish effort for Security Studies in Dakar as well through knowledge building and research. as the Nigerian Defence Academy in Abuja will give valuable insight into re- Since the Danish effort in the Gulf of gional dynamics as well as ensure local Guinea is a new focus area for Denmark, ownership of the effort. International there is a particularly pronounced need stakeholders and institutions like IMO, for knowledge building. The Danish Chatman House and Oceans Beyond presence in Accra, the newly established Piracy might contribute with compre- embassy in Abuja and the trade office in hensive knowledge on issues regarding Lagos pave the way for more dialogue piracy and armed robbery at sea globally. and cooperation with relevant partners Targeted research will give valuable in- within the maritime industry, West Afri- put and provide guidance to the Danish can maritime authorities, civil society as and international efforts in the Gulf of well as relevant educational and research Guinea. institutions in the region. It will be a Danish priority to contin- A more targeted knowledge building uously identify possibilities for specific effort, including the gathering of exist- initiatives for knowledge building on pi- ing research or initiating new research racy and armed robbery at sea, including regarding piracy in West Africa, will for example, in dialogue with civil soci- be a priority. Obvious partners for new ety, industry organisations, educational knowledge building will be internation- and research institutions.

34 STRATEGY FOR THE DANISH MEASURES AGAINST PIRACY AND ARMED ROBBERY AT SEA 2015-2018 8. RISK ELEMENTS

The counter-piracy efforts are associat- nancial risks include working through ed with certain political, security and other stakeholders and programmes financial risks. that can perform an audit on site.

The military effort naturally entails The Danish effort will also involve security risks to the Danish personnel, certain political risks as a result of the for the pirates and for the hostages who difficult and unpredictable develop- are detained by the pirates. It cannot ment in the pirates’ activities and the be ruled out that the pirates, as a result resulting risk that the effort will not of international military efforts that yield the desired results. The effort on threaten their income basis, will esca- the Horn of Africa has been in oper- late the situation by threatening to ex- ation for a number of years now but ecute hostages. In that case, Denmark the fragile situation in Somalia is still a and the international community will risk factor. Efforts in West Africa will be faced with a new situation, which also involve a certain risk as effective will require renewed considerations. cooperation with the respective coastal states is essential to a successful effort. In relation to capacity building, con- If an agreement cannot be reached on cern for sustainability will pose a chal- the content and modus for the cooper- lenge. In regions comprising fragile or ation, this will inhibit the effort signif- weak states with low capacity and rela- icantly. This requires particularly close tively high levels of corruption, there is coordination and balancing of expecta- a risk that launched initiatives will not tions with the coastal states affected by have the intended effect. Furthermore, the effort. However, this will be han- uncoordinated efforts cannot yield re- dled with a regular assessment of the sults without sufficient regional or lo- results of the strategy’s goals and with cal ownership. Efforts to reduce the fi- subsequent adjustments of the effort.

RISK ELEMENTS 35 9. MONITORING AND REPORTING

The responsibility for the implementation of the strategy lies with the Ministry of Foreign Affairs of Denmark, the Min- istry of Defence, the Ministry of Justice and the Danish Ministry of Business and Growth, each of which will monitor the effort for combating piracy. In regards to ensuring a full overview and thus the possibility to assess the usefulness of the effort, the connection between the various initiatives and the need to possibly adjust the strategy in light of developments, will be reported to the Danish Parliament annually within the frameworks of the annual security policy report to the Danish Parliament.

Furthermore, for this strategy a mid- term evaluation of the effort will be con- ducted, which coincides with the man- dates for the two naval missions off the Horn of Africa. Consequently, there will be the possibility for a more comprehensive adjustment of the effort halfway through the strategy’s four-year period.

36 MONITORING AND REPORTING Abbreviations

AIM Strategy African Integrated Maritime Strategy KAIPTC Kofi Annan International Peacekeeping AMISOM African Union Mission in Somalia Training Centre APSA African Peace and Security Architecture LETF Law Enforcement Task Force AU African Union MDA Maritime Domain Awareness BMP Best Management Practices MSCHOA Maritime Security Centre Horn of Africa BMP4 Best Management Practices for Protection MTISC Maritime Trade Information Sharing Centre against Somalia Based Piracy OLA United Nations Office of Legal Affairs CGPCS Contact Group on Piracy off the Coast of Somalia NATO North Atlantic Treaty Organisation EASF East African Standby Force PSG Peace and Statebuilding Goals ECCAS Economic Community of Central African States ReCAAP Regional Cooperation Agreement on ECOWAS Economic Community of West African States Combating Piracy and Armed Robbery ESAIO Eastern and Southern Africa Against Ships in Asia and Indian Ocean Region SHADE Shared Awareness and Deconfliction EU European Union SEIC The State Prosecutor for Serious Economic EUCAP Nestor European Union capacity building effort in and International Crime the Horn of Africa and the Western Indian Ocean UKMTO United Kingdom Maritime Trade Operations EU NAVFOR UNDP United Nations Development Programme UN United Nations UNODC United Nations Office on Drugs and Crime GCCS Global Center on Cooperative Security UNSOM United Nations Assistance Mission in Somalia GGC Gulf of Guinea Commission WG2 Working Group 2 – Contact Group on Piracy G7++FOGG Friends of the Gulf of Guinea Group off the Coast of Somalia ICC Inter-regional Coordination Centre WG3 Working Group 2 – Contact Group on Piracy IGAD Intergovernmental Authority on Development off the Coast of Somalia ILO International Labour Organisation IMO International Maritime Organisation ISSP IGAD Security Sector Programme IUU Illegal, Unreported and Unregulated fishing