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An Omani Approach for Addressing Piracy Off the E.C of Africa

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An Omani approach for addressing Piracy off the E.C of Africa By Mustafa Darwish AL Nabhani The United Nations –––The–The Nippon Foundation Fellow New York, February 2012 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS NEW YORK, 2012 DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Oman, the United Nations, the Nippon Foundation of Japan, or the University of Dalhousie. ABSTRACT Piracy off the Coast of Somalia is not a new phenomenon, it began in early 1990s and the problem has expanded and become a daily, violent crime which has flourished due to the poor security situation in Somali at the moment. This piracy is affecting all countries around the world whether directly or indirectly. Somalia’s neighbors are extremely impacted by the costs of piracy. This study focuses on piracy off the Cost of Somalia which is taking place right now in the Gulf of Aden and Western Indian Ocean and its impact in the region. Oman has been one of the most affected countries in the region, in terms of hundreds of Somali pirate attacks taking place off its coastline every year. Included in the study is information about the definitions of piracy as codified by United Nation Convention on the Law of the Sea (UNCLOS) and Suppression of Unlawful Acts of violence against the Safety of Maritime Navigation (SUA Convention), history of piracy, failed and failing States, and the connection between the stability of these States and piracy. The scope of the research deals with the current political, economic and legal situation of Oman, a detailed analysis of the Piracy situation in Oman in terms of strengths, weaknesses, opportunities and threats, case study of piracy, and recommendations for both Oman alone and in cooperation with other neighboring countries for combating the problem. iii SUPERVISORS: Prof. Lucia Fanning Dr. Francois Bailet iv Acronyms SUA Suppression of Unlawful Acts against the Safety of Maritime Navigation EEZ Exclusive Economic Zone HSC 1958 High Seas Convention1958 UNCLOS United Nations Convention on the Law of the Sea, also know as LOS O.G.S.O Gazette of the Sultanate of Oman LOSC United Nations Convention on the Law of the Sea ICU Islamic Courts Union TFG Transitional Federal Government WFP World Food Program GDP gross domestic product SHADE shared awareness and deconfliction NATO North Atlantic Treaty Organization CTF151 Combined Task Forces UK United Kingdom US United States UAE United Arab Emirates CIA Central Intelligence Agency ICCT International Criminal Court GMDSS Global Maritime Distress and Safety System TRA Telecommunication Regulatory Authority LRIT Long Range Identification and Tracking System MVS Monitor Vessel System SOLAS International Convention for the Safety of Life at Sea in 1974. MARPOL International Convention for the Prevention of Pollution in 1973 ISPS code International Ships and Ports Security code STCW Standards of Training, Certification and the work shifts for seafarers convention SME Small Medium Establishments v PDO Petroleum Development Oman OPEC Organization of Petroleum Exporting Countries ORPC Oman Refineries and Petrochemicals Company ITA Information Technology Authority CMF Combined Maritime Forces GTO General Telecommunication Organization EUNAVFOR European Union Naval Forces IMB International Maritime Bureau PCASP Private Contracted Armed Security Personnel RMP Recognized Maritime Picture CIS Commonwealth of Independent States Km kilo meter Nm nautical mile Sq km square kilometer ABEDA Arab Bank for Economic Development in Africa AFESD Arab Fund for Economic and Social Development AMF Arab Monetary Fund FAO Food and Agriculture Organization G-77 Group of 77 GCC Gulf Cooperation Council IAEA International Atomic Energy Agency IBRD International Bank for Reconstruction and Development (World Bank) ICAO International Civil Aviation Organization IDA International Development Association IDB Islamic Development Bank IFAD International Fund for Agricultural Development IFC International Finance Corporation IHO International Hydrographic Organization ILO International Labor Organization IMF International Monetary Fund IMO International Maritime Organization IMSO International Mobile Satellite Organization vi Interpol International Criminal Police Organization IOC International Olympic Committee IPU Inter-parliamentary Union ISO International Organization for Standardization ITSO International Telecommunications Satellites Organization ITU International Telecommunication Union LAS League of Arab States MIGA Multilateral Investment Geographic Agency NAM Nonaligned Movement OIC Organization of the Islamic Conference OPCW Organization for the Prohibition of Chemical Weapons UN United Nations UNCTAD United Nations Conference on Trade and Development UNESCO United Nations Educational, Scientific, and Cultural Organization UNIDO United Nations Industrial Development Organization UNWTO World Tourism Organization UPU Universal Postal Union WCO World Customs Organization WFTU World Federation of Trade Unions WHO World Health Organization WIPO World Intellectual Property Organization WMO World Meteorological Organization WTO World Trade Organization DGMA Directorate General of Maritime Affairs vii Dedication For my family and viii ACKNOWLEDGEMENTS I would like to express my profound gratitude to the Division for Ocean Affairs and Law of the Sea (DOALOS), Office of Legal Affairs at United Nations and the Nippon Foundation of Japan for giving me this golden opportunity to be one of the 2011-2012 Fellows who came from different Countries around the World. My special gratitude goes to Dr.Francois Bailet (Program Advisor and Co-supervisor) for his continued efforts in assisting me throughout all my research stages, and all DOALOS family members for their support and warm welcome in the Division. I sincerely express my deep gratitude and my appreciation to Professor. Lucia Fanning (the Director of Marine Affairs Program at Dalhousie University) in Canada for her kind support as well as Professor. Hugh Williamson as my co-supervisor for his powerful support and guidance during the first placement of the fellowship. My gratitude extends to all Piracy Project members, and I am pleased to be one of the Law and Governance group members during my first placement at this unique university. I state my heartfelt thanks to all the staff of MAP in particular Mrs. Becky Field who always showed her warm welcome and friendship during the period I was with them. I would like also to thank my lovely wife Khalsa for her support and patience as well as my cute daughter Shomookh who have been my powerful encouragement and revelation. Their strong love and support was the reason for me to always keep moving forward. Lastly, I acknowledge everybody whose name cannot be mentioned individually in this page. ix Table of Contents Abstract..............................................................................................................................iii Acronyms............................................................................................................................ v Dedication........................................................................................................................viii Acknowledgements............................................................................................................ ix Introduction......................................................................................................................... 1 1 Chapter One: Purpose, Methods and Targets ............................................................. 3 1.1 The purpose of doing this research..................................................................... 3 1.2 Research Methods............................................................................................... 3 1.3 Target Audience.................................................................................................. 3 1.4 The problem faced during this research.............................................................. 4 2 Chapter two: Introduction to the problem of Piracy................................................. 6 2.1 Brief overview of Piracy..................................................................................... 6 2.2 Background to Piracy off the coast of Somalia and Western Indian Ocean....... 7 2.3 Problems affecting Oman due to piracy.............................................................. 8 2.4 Definition of Piracy............................................................................................. 8 2.4.1 Problems with the definition of piracy in Oman penal law ........................ 8 2.4.2 Treaties (UNCLOS+ SUA)......................................................................... 9 2.4.3 The Sources of Law in Oman ................................................................... 11 3 Chapter three: The description of the region’s Countries and failed and failing States in the region. ..................................................................................................................... 17 3.1 The description of the region Countries (Oman, Saudi Arabia, U.A.E, Kenya, Tanzania, Djibouti, Ethiopia, Eritrea, Yemen and Somalia) ........................................ 17 3.1.1 Background of affected countries............................................................. 17 3.2 Failed and failing States in the region and the connection
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