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Good Governance As a Sustainable Solution For GOOD GOVERNANCE AS A SUSTAINABLE SOLUTION FOR MARITIME PIRACY AND ARMED ROBBERY AGAINST SHIPS ON AFRICA’S COASTAL WATERS: THE CASES OF SOMALIA AND THE GULF OF GUINEA Caroline Wamaitha Gichuri United Nations – The Nippon Foundation of Japan Fellowship Programme, 2016 1 Disclaimer The views expressed herein are those of the author and do not necessarily reflect the views of the Government of the Republic of Kenya, United Nations, The Nippon Foundation of Japan, or World Maritime University. © 2016 Caroline Wamaitha Gichuri. All rights reserved. 2 ABSTRACT In 2007 the world’s attention suddenly shifted to Africa. It was not a heart-wrenching humanitarian crisis that the international community was responding to like has been the case in the past, but rather a global peace and security threat of piracy emanating from the coastal waters of Somalia, a country barely recovering from the devastation of decades of civil war and State failure. In the five years that followed pirates from Somalia strategically attacked merchant vessels plying the critical sea routes in the Western Indian Ocean, especially the Gulf of Aden, critically threatening hydrocarbon energy supply to Europe and North America. Besides, by 2012 Somali piracy cost the world economy an estimated US $ 12 billion. These costs, particularly attributable to raised shipping insurance premiums, change of trading routes and costs of ship and crew protection measures, inevitably steeply increased the cost of international trade of which about 80% by volume is carried by sea. In 2012, even before the international community could sigh with relief after somewhat containing piracy off the coast of Somalia, siren bells were going off in the West Coast of Africa as piracy and armed robbery against ships soared to unprecedented levels in the Gulf of Guinea which is critical to global and regional hydrocarbon energy supplies. Nigeria, Africa’s largest and the world’s sixth largest oil producer, came into sharp focus as the epicentre of piracy and armed robbery against ships in the region. Studies show that piracy and armed robbery against ships are costing the country more than US $ 5 billion a year on account of increased freight costs. As of early 2017, there were strong indications of resumption of Somali piracy should the containment measures at sea be relaxed, while the situation in the Gulf of Guinea remained largely uncontrolled. Studies on piracy in Africa’s coastal waters conclude that lasting solution to these maritime security problems lie onshore. This research comparatively analyses piracy off the coast of Somalia and Gulf of Guinea piracy and armed robbery against ships in the context of internal governance problems. This research provides a different perspective of understanding maritime insecurity on Africa’s coastal waters by demonstrating that on both the East and West coasts of Africa, piracy and armed robbery against ships are principally caused by bad governance mainly characterised by corruption. As this study will demonstrate, unlike popular perception, good governance can exist in the absence of a stable national government and vice-versa. Keywords: piracy, armed robbery against ships, public sector, corruption, good governance, sustainable. 3 ACKNOWLEDGEMENTS First, I sincerely thank the United Nations – The Nippon Foundation of Japan Fellowship Programme for awarding me a prestigious scholarship to undertake research on Law of the Sea and Ocean Affairs in world class institutions. Equally, I am grateful to the Government of the Republic of Kenya, particularly the Office of the Attorney General and Department of Justice, for granting me study leave and other support that enabled me to pursue this research. Second, I would not have been able to successfully undertake this research without the excellent advice, guidance and support of Ms. Valentina Germani, Dr. Aref Fakhry and Dr. Larry Hildebrand. Ms. Germani, I am most appreciative of your immense all-round support, encouragement and guidance right from the start of my fellowship programme at United Nations Division of Ocean Affairs and the Law of the Sea (UNDOALOS). You helped me to evaluate my many wandering ideas and focus my study towards my research aim, right from the start. Your regular checks on my progress throughout the fellowship helped me to pace my studies. Dr. Fakhry, I am most thankful for your excellent supervision during the writing of my thesis at World Maritime University (WMU). Particularly, your honest and useful critique of my work, high standards you required of my research and your utmost patience in critically reviewing my many drafts, crucially helped me to push myself harder every time and unlock better ideas and new perspectives that I had never thought of. Truly, I am proud of my output because you encouraged me to produce excellent work. Dr. Hildebrand, I cannot thank you enough for the integral social support that you gave me while I was at WMU which helped me to settle well in Malmö. You were my mentor and like family to me. I remember our hearty conversations when you regularly checked on me and my studies as you sought to find out how I was doing in Malmö; and the stories of encouragement and perseverance. I still hold onto them preciously. Third, I thank all my office mates at the Graduate Research Office of WMU for their ideas and assistance that were very useful to me in my thesis development. 4 SUPERVISORS Dr. Aref Fakhry, World Maritime University Ms. Valentina Germani, United Nations Division of Ocean Affairs and Law of the Sea 5 LIST OF ACRONYMS i. ACHPR - African (Banjul) Charter on Human and Peoples’ Rights ii. ARIN-WA - Asset Recovery Interagency Network for West Africa iii. AU - African Union iv. BIMCO - Baltic and International Maritime Council v. BMP - Best Management Practices to deter Piracy off the Coast of Somalia and in the Arabian Sea vi. CARIN - Camden Assets Recovery Inter-Agency Network vii. CESR - Centre for Economic and Social Rights viii. CPI - Corruption perception index ix. CTF - Combined Task Force x. DFID - Department for International Development xi. ECOWAS - Economic Community of West African States xii. EIMS - ECOWAS integrated maritime security strategy xiii. EITI - Extractive Industries Transparency Initiative xiv. EU - European Union xv. EUNAVFOR - European Union Naval Force xvi. G8 - Group of Eight nations xvii. GISIS - Global Integrated Shipping Information System xviii. ICC - Information Coordination Centre xix. ICCPR - International Covenant on Civil and Political Rights xx. ICESCR - International Convention on Economic Social and Cultural Rights xxi. ICGN - Integrated coastguard function network xxii. ICU - Union of Islamic Courts xxiii. ILA - International Law Association xxiv. ILO - International Labour Organization xxv. IMB - International Maritime Bureau xxvi. IMO - International Maritime Organization xxvii. INTERPOL - International Criminal Police Organization xxviii. IRIN - Integrated Regional Information Networks xxix. JTF - Joint Task Force xxx. LGA - Local government area xxxi. MEND - Movement for the Emancipation of the Niger Delta xxxii. MLA - Mutual legal assistance xxxiii. MNC - Multi-national corporation xxxiv. MOWCA - Maritime Organisation for West and Central Africa xxxv. NATO - North Atlantic Treaty organization 6 xxxvi. NDA - Niger Delta Avengers xxxvii. NDDC - Niger Delta Development Commission xxxviii. NDVS - Niger Delta Volunteer Service xxxix. NIMASA - Nigerian Maritime Administration and Safety Agency xl. NM - Nautical miles xli. NNPC - Nigerian National Petroleum Corporation xlii. OBP - Oceans Beyond Piracy xliii. PCC - Public Complaints Commission xliv. PSC - Private security companies xlv. ReCAAP - Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia xlvi. RMAC - Regional Maritime Awareness Capability xlvii. SAA - Secure Anchorage Area xlviii. SEMG - Somalia and Eritrea Monitoring Group (UN Monitoring Group in Somalia and Eritrea) xlix. SERAC - Social and Economic Rights Action Centre l. SNM - Somali National Movement li. SPDC - Shell Petroleum Development Corporation lii. TFG - Transitional Federal Government liii. T.I. - Transparency International liv. UK - United Kingdom lv. UN - United Nations lvi. UNCAC - United Nations Convention against Corruption lvii. UNCLOS - United Nations Convention on the Law of the Sea lviii. UNCTOC - United Nations Convention against Transnational Organised Crime lix. UNDOALOS - United Nations Division of Ocean Affairs and the Law of the Sea lx. UNDP - United Nations Development Programme lxi. UNEP - United Nations Environment Programme lxii. UNODC - United Nations Office on Drugs and Crime lxiii. UNSC - United Nations Security Council lxiv. UNSOM - United Nations Assistance Mission in Somalia lxv. UPR - Universal Periodic Review lxvi. US - United States of America lxvii. USD - United States of America dollar 7 TABLE OF CONTENTS Page LIST OF ACRONYMS .......................................................................................................................................................... 6 INTRODUCTION .............................................................................................................................................................. 10 PART I ................................................................................................................................................................................ 24 PIRACY AND ARMED ROBBERY AGAINST SHIPS IN AFRICA’S COASTAL WATERS AND THE
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