8 Sacchi Piracy In

Quaderni Asiatici 101 – marzo 2013 Martino Sacchi PIRACY IN SOMALIA: A LONG TERM MENACE OR A PHENOMENON IN ITS LAST THROES? Abstract Piracy has become an impending problem for modern shipping. Updated statistics reveal that piracy has mainly spread in the following four areas of the world: in South-East Asia (the Strait of Malacca), the South Caribbean Sea, Nigeria and the Horn of Africa (the Gulf of Aden and the Western Indian Ocean). During 2012 the media reported on a total of 297 attacks worldwide (75 in Somali waters) and 28 hijackings (14 in Somali waters); currently (January 2013) eight vessels and 127 hostages are being held by Somali pirates. 1 However, according to the International Chamber of Commerce, 2 «the number of attacks along the shores of Somalia has decreased considerably» in the second half of 2012 and the first months of 2013; the question to consider now is whether this means that the threat of Somali piracy is going to die off or whether pirates will continue to represent a serious risk. First of all, we are going to analyze why piracy has originated in the area around the Horn of Africa. The next step will then explore the ways piracy started and developed and what kind of means, weapons, strategies or tactics have been adopted and used by pirates. 1 See ICC, Piracy and Armed Robbery News and Figures , http://www.icc- ccs.org/piracy-reporting-centre/piracynewsafigures, updated January 16, 2013. 2 See http://www.icc-ccs.org/piracy-reporting-centre/prone-areas-and-warning. 123 Martino Sacchi Piracy in Somalia: a long term menace or a phenomenon in its last throes? In the end, the consequences of piracy will be considered, also with a view to the strategies adopted by the western world to deal with this troublesome matter. 1. Why the Horn of Africa? he following factors are generally accepted as prerequisite T conditions for the occurrence and promulgation of piracy: 1. a favorable geographical and topographical position 2. easily available targets with little or almost no risk 3. uncontrolled areas 4. low GDP and widespread poverty The Horn of Africa unmistakably offers these features. The first consideration goes to the geographical position as the great French historian Fernand Braudel pointed out. The Red Sea and the Gulf of Aden are among the most strategic areas in the world: they constitute the chokepoint of some of the most important trade routes in the world, with an estimated traffic volume of 21.000-25.000 3 vessels per annum. Tankers, bulkers, roll on/roll off ships, passenger ships and many others transit through the Suez Canal, the Red Sea and the Gulf of Aden on their way to and from Europe and the Persian Gulf, India, China and South-East Asia: to cite as an example, 30% of the European demands for crude oil go along this shipping route. Since the opening of the Suez Canal in 1869, this area has become a true bottleneck, and modern globalization has further increased the strategic importance of the area. Another very important factor is the easy navigability of the area: neither fogs 4 nor strong winds or dangerous shoals or reefs 5 hinder 3 Lower estimate is carried out by Italian Navy officers; according to officers of the Royal Navy higher estimates instead. Prof. James Kraska of the U.S. Naval War College assesses that «each year 20,000 ships transit the area». 4 See National Geospatial-intelligence Agency, Sailing Directions (Enroute), Red Sea and the Persian Gulf , Springfield, Virginia 2011, p. 169: «There is little fog observed within the area described in this sector. What little fog that does occur is rarely dense and usually disappears rapidly during the morning». 5 See National Geospatial-Intelligence Agency, Sailing Directions (Enroute), The Red Sea and the Persian Gulf , Springfield, Virginia 2011, p. 99 «The depths in the 124 Quaderni Asiatici 101 – marzo 2013 pirate boats to make out interesting and useful targets, leave the shore without any difficulty and carry out their plans. This leads to the second prerequisite condition for piracy: a startling number of valuable targets can be found off the shores of the Horn of Africa, more precisely about 70 vessels a day. Merchant ships are unarmed, often slow and with little freeboard, and are thus easy prey for anyone coming from the Somali coasts (or even from the south coast of Yemen). The third prerequisite condition for piracy regards uncontrolled areas. In the past centuries, these areas were limited to notorious coves such as Tortuga Island or Jamaica, but now they also include the areas around the Horn of Africa. This coastal strip is in large part territory of the Federal Republic of Somalia, a perfect example for a «failed state» since the overthrow of President Siad Barre’s regime in 1991. Subsequently, many attempts have been made to establish a stable Government in Somalia but none has been successful so far. The so called Transitional Federal Government, with its capital Mogadishu, was established in 2003 and lasted until August 2012, though remaining fairly ineffective. Nevertheless, on August 20, 2012 Hassan Sheikh Mohamud, founder father and chairman of the Peace and Development Party (PDP), was elected President of Somalia in what is described as «the first Presidential election in over forty years». 6 Somalia is divided into three relatively autonomous regions: Somaliland in the northwest, Puntland in the northeast and approach (scil. Yemen and Oman coasts) to this part of the coast are deep and clear». See also National Geospatial-Intelligence Agency, Sailing Directions (Enroute), East Africa and the South Indian Ocean , Springfield, Virginia 2010, p. 99: «From Muqdisho to Hobyo (5°21'N., 48°31'E.), the coast continues low and sandy... The monotonous aspect of this coast is broken by numerous white shifting sand hills and by occasional outcrops of limestone rocks which chiefly occur in the vicinity of Hobyo. From Hobyo to Raas Xaafun the coast has a different character, becoming rocky, bold and inaccessible and backed by tablelands in places, and in other areas having undulating sand hills». 6 See Somalia Report, 9/10/12. 125 Martino Sacchi Piracy in Somalia: a long term menace or a phenomenon in its last throes? Central Somalia in the central and southern regions. So far only Somaliland, a former British colony, has claimed real independence from Mogadishu, while Puntland does not seek outright independence from Somalia 7. In any case, however, no effective central power exits: the northern territories are under the control of numerous tribal clans. This fact is very important when considering the reasons for the origin and development of piracy in Somalia, as illustrated below. Finally, Somalia is one of the poorest countries in the world; according to 2009 estimates, the life expectancy for Somalis lies under fifty, and the gross domestic product per capita is calculated at about US $ 600 8. This means that a large part of the inhabitants live with less than two dollars a day. UNICEF reports an average annual GDP growth rate of -0.9% 9. per capita in the years ranging from 1970 to 1990. The Somali diaspora «constitutes the main source of funding for the Somalis living in the country». 10 These figures may explain the assertion of some authors according to whom «piracy is the fastest growing industry in Somalia destined to make up for agriculture and fishing as the country’s largest source of revenue». 11 A pirate can make up to $ 15.000 12 out of a single attack, whereas 7 The semiautonomous state of Puntland was established in Garowe, the administrative capital, on August 1, 1998. It is dominated by the Majeerteen clan but it gathers numerous sub-clans of the Harti-clan such as the Warsangeli, the Dhishiishe and the Dhulbahant. 8 See Central Intelligence Agency , The world factbook (2009) , available at: publications/the-world-factbook/geos/so.html.14, quoted in: Elliot A. Anderson, It's a Pirate's Life for Some: The Development of an Ille gal Industry in Response to an Unjust Global Power Dynamic, in Indiana Journal of Global Legal Studies, Volume 17, Issue 2, Summer 2010, pp. 319-339 (Article), p. 321. 9 UNICEF, Somalia Statistics, http://www.unicef.org/infobycountry/somalia_ statistics.Html. 10 Mpondo-Epo Bruno, Root causes of Piracy in Somalia , RSIS Commentaries 2009 (June), S. Rajaratnam School of International Studies, NTU (Singapore), p. 1. 11 David Axe, No Quick Solutions to Pirate Crisis , World Political Review, Oct. 6, 2008, http://www.worldpoliticsreview.com/article.aspx?id=2744. 12 Eugene Kontorovich, The Somali piracy problem: a Global Puzzle Necessitating a Global Solution , ASIL February 2009. 126 Quaderni Asiatici 101 – marzo 2013 pirate leaders and negotiators earn a lot more: no wonder that piracy enjoys great popularity with the poor Somalis, who see a chance to become rich instantly by participating in just one ship hijacking. 2. Origins of piracy in Somalia When considering Somali piracy, at least three stages of development are to be distinguished: - First stage: the very first attacks to vessels in Somali waters date back 1989-90, when the Somalis began to rebel against Siad Barre's dictatorship. On December 5, 1989, the Somali National Movement (SNM) 13 , for instance, attacked a ship sailing under flag of Panama on its way to the Somali harbor of Barbera. On December, 11 the same year the Italian freighter Kwanda was hijacked by Somali rebels. 14 However, this «political» piracy disappeared after the overthrow of Siad Barre’s regime in 1991. - Second stage: Somalia became a «failed state» lacking any kind of control.

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