2018 Annual Narrative Progress Report
Trust Fund to Support the Initiatives of States Countering Piracy off the Coast of Somalia
UN Photo/Stuart Price
Report for the Period 1 January to 31 December 2018
Report prepared by The Trust Fund Secretariat, Department of Political and Peacebuilding Affairs and Peace Operations, United Nations 31 May 2019
TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA
RECIPIENT ORGANIZATIONS TRUST FUND CONTRIBUTORS
Food and Agriculture Organization Belgium (FAO)
DP World International Maritime Organization
France
UN Office on Drugs and Crime
Germany
UN Office of Legal Affairs Italy
INTERPOL Japan
Kuwait
Netherlands
Norway
Philippines
Qatar
Republic of Korea
Saudi Arabia
Spain
Turkey
United Arab Emirates
United Kingdom
United States of America
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Table of Contents DEFINITIONS ...... 5 ABBREVIATIONS AND ACRONYMS...... 6 INTRODUCTION ...... 7 MARITIME PIRACY ...... 9 A.1 The Problem of Maritime Piracy...... 9 A.2 The Contact Group on Piracy off the Coast of Somalia ...... 11 TRUST FUND: 2018 IMPLEMENTATION OVERVIEW ...... 12 B.1 Implementation and Overview ...... 12 B.2 Monitoring and Evaluation, and Reporting ...... 13 PROJECTS UNDER IMPLEMENTATION OR COMPLETED IN 2018 ...... 14 PROJECT IMPLEMENTATION STATUS ...... 17 C.1 Reports submitted by all Recipient / Participating Organizations for calendar year 2018 ...... 17 PROJECT 49: Support to prisoner transfer flights from Seychelles to Somaliland and Puntland ...... 17 PROJECT 51: Expedited Facility (ExFac) ...... 19 PROJECT 61: Building the knowledge and capacity of Somali legislators and technical officials regarding the rights and duties in the maritime zones set out in the United Nations Convention on the Law of the Sea (UNCLOS) ...... 22 PROJECT 72: Vocational training for youth at risk of piracy ...... 25 PROJECT 74: Detention and Transfer ...... 27 PROJECT 77: INTERPOL Hostage Debriefing Initiative ...... 29 PROJECT 79: Support to address fisheries crime in Somalia ...... 29 PROJECT 80: Puntland Fishermen Automatic Identification System Pilot Project ...... 35 PROJECT 81: Support to Seychelles prison reform ...... 42 PROJECT 85: Support Activities of the CGPCS Law Enforcement Task Force (2) ...... 45 PROJECT 86: Galmudug Maritime Police Unit/ Coast Guard – capacity building support to address maritime crime in Somalia ...... 49 PROJECT 87: Implementation of the piracy trial support model in Somalia ...... 53 PROJECT 88: Support to Maritime Governance in Somalia (IMO) ...... 55 PROJECT 90: Law Enforcement Task Force Asset Freezing Initiative (Phase 3) ...... 57 PROJECT 91: Implementation of the piracy trial support model in Somalia ...... 60 TRUST FUND: 2018 FINANCIAL OVERVIEW ...... 62
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KEY TABLES AND FIGURES
FIGURE 1. TRUST FUND PROJECT FUNDING ALLOCATIONS BY THEME……………………………………….... 16
FIGURE 2. TRUST FUND PROJECT FUNDING ALLOCATIONS BY WINDOW……………………………………… 16
TABLE 1.1. FINANCIAL OVERVIEW, AS OF 31 DECEMBER 2018…………………………………………………...... 62
TABLE 2.1. CONTRIBUTORS' DEPOSITS, AS OF 31 DECEMBER 2018……………………………………………….. 64
FIGURE 2A. DEPOSITS BY CONTRIBUTOR, CUMULATIVE, AS OF 31 DECEMBER 2018…………………...... 65
TABLE 3.1. SOURCES OF INTEREST AND INVESTMENT INCOME, AS OF 31 DECEMBER 2018……...... 65
TABLE 4.1. TRANSFER, REFUND, AND NET FUNDED AMOUNT BY PARTICIPATING ORGANIZATION, AS OF 31 DECEMBER 2018…………………………………………………………………………………………… 66
TABLE 5.1. NET FUNDED AMOUNT, REPORTED EXPENDITURE, AND FINANCIAL DELIVERY BY PARTICIPATING ORGANIZATION, AS OF 31 DECEMBER 2018……………………………………….. 66
TABLE 5.3. EXPENDITURE BY PROJECT WITHIN SECTOR, AS OF 31 DECEMBER 2018……………………. 67
TABLE 5.4. EXPENDITURE BY UNDG BUDGET CATEGORY, AS OF 31 DECEMBER 2018……………………. 69
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DEFINITIONS Allocation Project Expenditure Amount approved by the Project Board for a project. The sum of expenses reported by Recipient Organizations irrespective of which basis of accounting Approved Project each Organization follows for donor reporting. A project, including budget etc., that is approved by the Trust Fund Board for funding allocation purposes. Project Financial Closure A project is considered financially closed when all Contributor Commitment financial obligations of an operationally completed Amount(s) committed by a donor to a Fund in a signed project have been settled, and no further financial Standard Administrative Arrangement with the UNDP charges are able to be incurred. Multi-Partner Trust Fund Office. A commitment may be paid or pending payment. Project Manager Person from Recipient Organization that oversees the Contributor Deposit Project Management, Reporting and Expenditure. Cash deposit received by the Multi-Partner Trust Fund for the Trust Fund from a contributor in accordance Project Operational Closure with a signed Standard Administrative Arrangement. A project is considered operationally closed when all funded activities for which a Recipient Organization Delivery Rate received funding is complete. The percentage of funds already utilized, calculated by comparing reported expenditures by a Recipient Project Start Date Organization against the 'net funded amount'. Date of transfer of first installment from the MPTF Office to the Recipient Organization. Implementing Partners (see Recipient Organizations) These are entities that deliver the project Recipient/Participating Organization implementation. They may be Recipient Organizations A UN Organization or other inter-governmental or partner organizations that assist the Recipient Organization that receives Trust Fund allocations, as Organization in bringing a project to full completion. represented by signing a Memorandum of Understanding (MOU) with the MPTF Office for a Indirect Support Costs particular Fund. Also called Participating Organizations A general cost that cannot be directly related to any or Project Lead, these UN System entities may allocate particular programme or activity of the Participating funds to a third party for implementation of part or all of Organizations. UN Development Group policy a Trust Fund project. They may also acquire funding from establishes a fixed indirect cost rate of seven percent of other sources towards the completion of a Trust Fund programmable costs. project.
Net Funded Amount Secretariat Amount transferred to a Recipient Organization less Formally, The Secretariat to the Trust Fund to Support any refunds transferred back to the MPTF. Initiatives to Counter Piracy off the Coast of Somalia (‘Counter Piracy Trust Fund’). Since 2012, the UN No Cost Extension Department of Political Affairs (now UN Department of Extension granted to end a project at a date later than Political and Peacebuilding Affairs and Peace originally approved by the Board and stated in the Operations, ‘UN DPPA’) has been the Secretariat, while project proposal, at no additional cost than originally the Chair of the Board is the UN DPPA USG acting on approved. May be granted due to a delay in behalf of the Secretary-General. implementation or to utilize remaining funds. Total Approved Budget This represents the cumulative amount of allocations approved by the Trust Fund Board/Steering Committee.
US Dollar Amount The financial data in the report is recorded in US Dollars. Due to financial rounding, the totals may not add up.
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ABBREVIATIONS AND ACRONYMS Automatic Identification System AIS BMP Best Management Practices BPMPU Bosasso Port and Maritime Police Unit CGPCS Contact Group on Piracy off the Coast of Somalia DOALOS/OLA Division for Ocean Affairs and Law of the Sea of the United Nations Office of Legal Affairs ExFac Expedited Facility EU European Union EUNAVFOR European Union Naval Forces (Operation ‘Atlanta') FAO Food and Agriculture Organization of the United Nations FBI United States Federal Bureau of Investigation FGS Federal Government of Somalia GMCP Global Maritime Crime Programme (implemented by UNODC) GMPU/CG Galmudug Maritime Police Unit/Coast Guard IUU Illegal, unreported and unregulated fishing IMO International Maritime Organization IMC International Monitoring Committee INTERPOL International Criminal Police Organization IOC Indian Ocean Commission ISWAN International Seafarers' Welfare and Assistance Network LoA Letter of Agreement LETF Law Enforcement Task Force MoU Memorandum of Understanding MFMRP Ministry of Fisheries and Marine Resources of Puntland MOMTPAMCP Ministry of Maritime Transport, Ports and Maritime Crime Prevention of Puntland MPHRP Maritime Piracy Humanitarian Response MPTF Multi-Partner Trust Fund MPTFO Multi-Partner Trust Fund Office MTS Maritime Security Sub Directorate NCBs National Central Bureaus NCIS United States Naval Criminal Investigative Service SCC Somali Custodial Corps UN United Nations UNCLOS United Nations Convention on the Law of the Sea UNDP United Nations Development Programme UNDPPA/DPO United Nations Department of Political and Peacebuilding Affairs and Peace Operations UNDSS United Nations Department of Safety and Security UNODC United Nations Office on Drugs and Crime UNSOM United Nations Assistance Mission in Somalia US$ United States Dollars USG Under-Secretary-General
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INTRODUCTION 1. The Trust Fund to Support the Initiatives of States Countering Piracy off the Coast of Somalia (hereinafter “the Trust Fund”) was established in January 2010 to “help defray the expenses associated with prosecution of suspected pirates, as well as other activities related to implementing the Contact Group’s objectives regarding combating piracy in all its aspects.” Funding priority is generally given to projects that improve prison and judicial systems, strengthen the rule of law through training and capacity building, and reform the legislative framework in Somalia as well as other countries in the region.
2. The Trust Fund is governed by a Board consisting of eleven member states of the Contact Group (on a rotating basis), supported by the International Maritime Organization (IMO), the United Nations Assistance Mission in Somalia (UNSOM), and the United Nations Office on Drugs and Crime (UNODC). In the first half of 2018, the Board comprised Djibouti, Germany, Japan, Kenya, the Netherlands and Norway (shared seat), Seychelles, Somalia, the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. As of 1 August 2018, a new Board composition took effect. The Board currently comprises Italy, Japan, Kenya, the Netherlands and Norway (shared seat), the Republic of Korea, Seychelles, Somalia, Tanzania, Turkey and the United Kingdom. The United Nations Department of Political and Peacebuilding Affairs and Peace Operations (UN DPPA/DPO) chairs the Board and serves as the Trust Fund Secretariat (Secretariat), while the United Nations Development Programme Multi-Partner Trust Fund Office (MPTFO) functions as the Administrative Agent.
3. Donor contributions to the Trust Fund are used to finance projects carried out by UN System Organizations (or “Participating UN Organizations”). Participating UN Organizations become eligible for Trust Fund support after signing a Memorandum of Understanding with the Trust Fund Administrative Agent (MPTFO). Following this, they assume full programmatic and financial accountability for the funds disbursed to them, in accordance with their organizations’ regulations, rules, directives and procedures. They may then allocate these funds to be used by implementing partners (within or external to their Organization). They are required to report annually to the Secretariat on the use of allocated funds.
4. The Trust Fund was established with two financing “Windows” – Window A and Window B – designed to allow donors to make contributions to specific categories of activities, and also to
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA correspond to the nature of expenses incurred when addressing piracy in all its aspects. Window A enables the payment or reimbursement of specific expenses associated with investigating or prosecuting suspected pirates. Window A also provides other relevant financial support to national jurisdictions, in particular for national legal capacity building, including supporting capacities gathering evidence, capacities in the field of detention and imprisonment, and mutual legal assistance among and between the regional states. Window B enables funding of all other activities related to implementing the Contact Group on Piracy off the Coast of Somalia’s (CGPCS) objectives for combating piracy in all its aspects, such as communications and public information. See Figure 2 on page 16 for an overview of funding allocations by window A and B.
5. The Terms of Reference for the Trust Fund include a fast track mechanism, the “Expedited Facility” (ExFac), also called Project 51, which enables payment or reimbursement for short-term, prosecution-related expenses, and also provides financial support for urgent, time-sensitive initiatives, including activities classified as immediate priorities by the Board. The ExFac can be used by governments, naval forces, all implementing partners, the private sector, or other stakeholders to reimburse the costs of participating in regional piracy trials, including the travel of key witnesses.
6. The 2018 Annual Narrative Progress Report on activities implemented under the Trust Fund is compiled by the UN DPPA/DPO, in its capacity as the Trust Fund Secretariat. In line with the Terms of Reference for the Trust Fund, the report will be submitted to the Trust Fund Board, as well as to all donors and stakeholders that contributed to the Trust Fund in the period of reporting, on 31 May 2019. The 2018 Annual Consolidated Financial Report was prepared by the United Nations Development Programme (UNDP) through its Multi Partner Trust Fund Office, in its capacity as the Trust Fund Administrative Agent.
7. This report outlines the activities of the Trust Fund in 2018 and consolidates information on all Trust Fund Board approved projects that are ongoing or were operationally closed in 2018. The narrative information on projects contained in the report is derived from information provided by the UN MPTFO, the Secretariat of the Trust Fund (UN DPPA/DPO) and Participating or Recipient Organizations. The report covers the period from 1 January to 31 December 2018 and provides narrative and results-based findings on the progress of activities undertaken during this period.
8. This report is organized in four sections. Section A provides an overview of the approach taken by the international community to address the problem of maritime piracy off the coast of Somalia.
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Section B provides an update on Trust Fund approved projects that were operational for part or all of 2018. Section C highlights the implementation status of ongoing projects as well as those projects that were operationally closed in 2018 and notes the achievements as well as challenges encountered during the reporting period. Section D, the concluding section, provides a financial performance overview of the Trust Fund.
MARITIME PIRACY A.1 The Problem of Maritime Piracy 9. The comprehensive response to combatting piracy off the coast of Somalia continued in 2018. Internationally, the European Union Naval Forces (EUNAVFOR), the Combined Maritime Forces and the naval forces of individual Member States, such as Australia, China, India, the Islamic Republic of Iran and the Russian Federation, continued their critical contribution to maritime security off the coast of Somalia. In July 2018, the European Union (EU) extended EUNAVFOR’s multinational counter-piracy force, Operation Atalanta, until 31 December 2020. Efforts to counter piracy and other maritime crimes off the coast of Somalia were also made by the Federal Government of Somalia (FGS) and Federal Member States, with assistance from international partners and the Trust Fund. These efforts include establishing, amongst other things, a Somalia Maritime Administration, continued revision of the Maritime Code through IMO assistance, the building of maritime security capacities, with a strong focus on the Maritime Police through EU funding, delivered by the UNODC, and the Somali Navy/Coast Guard through the direct support of Turkey. In June 2018, the maritime industry’s efforts to deter piracy and enhance maritime security in the region was re-affirmed with the release of the fifth version of the Best Management Practices (BMP), which attempts to contribute to mitigating the risk from piracy and other maritime security threats in the region.
10. During the period from October 2017 to September 2018, five significant piracy incidents occurred in the regional waters around the Somali coastline, in the Somali Basin and the Gulf of Aden1. Furthermore, on 16 October 2018, the first major piracy attack since February 2018 happened when private security aboard a Hong Kong-flagged cargo vessel foiled an attempted piracy attack 340 nautical miles off the coast of the Bari region2. In none of the incidents in 2018 were ships successfully hijacked for ransom nor were any hostages taken. However, the attacks clearly underline that the
1 This number is based on the annual report of the Secretary-General on the situation with respect to piracy and armed robbery off the coast of Somalia that covers the period of 1 October 2017 to 30 September 2018, cf. S/2018/903, para 4. 2 S/2018/1149, para 20.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA progress made in the fight against piracy off the coast of Somalia remains fragile and reversible as the root causes of piracy persist, including a fragile economy, a lack of alternative livelihoods, insecurity and weak governance structures. At the same time, piracy networks are pursuing different, lower risk activities to meet their financial objectives, such as the smuggling of people, narcotics, weapons and charcoal. However, the persistence of these networks illustrates that they are in a position to resume their activities should the opportunity arise. Therefore, the need for a comprehensive approach to maritime security in the region continues.
11. The United Nations Secretary-General’s report to the Security Council on the situation with respect to piracy and armed robbery at sea off the coast of Somalia (S/2018/903) underlined the need for a comprehensive approach to maritime security to respond to the array of threats in the region. Furthermore, the Secretary-General noted that securing Somalia’s maritime sovereignty and suppressing piracy and other threats emanating from Somalia is a key priority for the international community. It was also highlighted that targeting pirate kingpins, financiers and criminal networks must remain a priority for all Member States. The Secretary-General observed that the longer-term resilience against piracy must be strengthened and that the lasting solution to countering piracy lies onshore, through the creation of economic opportunities and alternative revenue generation for would-be pirates, together with improved prospects for current and future generations of Somalis. The swift response to the incidents by the international naval forces was commended, and Member States were called upon to ensure that the appropriate financial and legislative mechanisms would be in place to track, halt and retrieve the illegitimate gains from piracy on its shores. The Secretary- General also observed that the reduction in the number of piracy incidents since October 2017 demonstrates the continued effectiveness of the counter-piracy measures and their deterrent effect.
12. Piracy remains a global problem inflicting insecurity and economic losses to international trade. Therefore, a coordinated international response to foster capacity-building and encourage international cooperation are equally important. While international efforts off the coast of Somalia serve as best practice examples of the commitment of the international community to counter piracy, piracy remains suppressed but not eradicated. Therefore, long-lasting solutions that address root causes of piracy, including building the capacity of Somali maritime law enforcement authorities should continue to be at the core of international efforts.
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A.2 The Contact Group on Piracy off the Coast of Somalia 13. In line with United Nations Security Council resolution 1851 (2008), the CGPCS was established to coordinate efforts among states and organizations aimed at countering piracy off the Coast of Somalia. Since its inception, the CGPCS has met 21 times. From 23 Member States and five intergovernmental organizations in January 2009, the CGPCS now comprises over 80 participants. Through its thematic working groups, one task force and a virtual forum, the CGPCS draws on international expertise to find creative and practical solutions to the complex cross-cutting problems underlying piracy.
14. At its meeting in Cairo on 17 March 2009, the Contact Group entrusted Working Group 2 on Legal Issues to set up the “legal framework for a possible International Trust Fund”. Pursuant to that mandate, Working Group 2 set out various recommendations in a “Concept Paper”, on the basis of which the Contact Group, in the Communiqué of its 29 May 2009 (New York), requested Working Group 2 to draw up a detailed Terms of Reference for an international trust fund. As a result, the international Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia was established in 2010 by the Secretary-General under the United Nations Financial Regulations and Rules. The overall purpose of the Trust Fund is to help defray the expenses associated with the prosecution of suspected pirates, as well as other activities related to implementing the CGPCS’ objectives regarding combating piracy in all its aspects. The Trust Fund Terms of Reference was revised on 11 December 2012 to enable UNDP, through its MPTFO, to administer the Trust Fund, and by MoU agreement, UN DPA (as of 1 January 2019 UN DPPA/DPO) to act as Secretariat to the Trust Fund.
15. From 12 to 13 July 2018 in Nairobi, Kenya, the CGPCS held its 21st Plenary Session under the theme “Leaving a long-lasting legacy for the region”. This plenary session was chaired by the Republic of Mauritius as Chair of the Indian Ocean Commission (IOC).
16. In the communiqué issued following the Plenary, the CGPCS emphasized that it needs to remain an agile, responsive and flexible mechanism. It commended the commitment of the international community to effectively contribute to combatting and deterring piracy in the Western Indian Ocean as well as the decision of the EU to extend the mandate of EUNAVFOR mission until December 2020. In that regard, the CGPCS also underlined the major importance of the continued international naval presence in the region as well as compliance with the fifth version of the BMP, released in June 2018. Furthermore, they confirmed that piracy off the coast of Somalia is contained
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA but remains a threat that requires a comprehensive, long-term solution pursuant to the objectives of the Jeddah Amendment to the Djibouti Code of Conduct.
17. In the communiqué, the CGPCS also reiterated its support to the Trust Fund and commended its response to the immediate, short-term needs for detention, prosecution, and repatriation of pirates, as well as meeting the long-term capacity needs for deterrence. It acknowledged the importance of the Trust Fund while expressing its concerns regarding the trend of decreasing funding availability. Furthermore, it called for the continuation of the Trust Fund and upon the CGPCS members to promote the excellent work of the Trust Fund and provide contributions to it. The Plenary also noted that the Secretariat of the Trust Fund would look to close the Trust Fund should one million dollars not be present in the Trust Fund’s account by the end of the year. The plenary also welcomed the work of the Law Enforcement Task Force (LETF), to which the UNODC serves as secretariat, and asked that the Trust Fund continues to provide financial support to it.
TRUST FUND: 2018 IMPLEMENTATION OVERVIEW B.1 Implementation and Overview
18. In 2018, there were a total of 15 Trust Fund projects under implementation. Of these, the UNODC was involved in the implementation of 11 projects, and 1 project was implemented by each of the following entities: Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs (DOALOS/OLA), IMO, Food and Agriculture Organization (FAO) and INTERPOL3. Seven projects were operationally closed by the end of 20184. All projects undertaken during 2018 are outlined in Section C.1 (Project Implementation Status) in the form of individual project reports.
19. During the period 1 January to 31 December 2018, the Trust Fund received USD 443,561 in contributions. The Board of the Trust Fund met on 11 July 2018, in the margins of the CGPCS plenary in Nairobi, Kenya, and approved two new projects, amounting to USD 306,020. The two approved projects are implemented by UNODC and focus on the LETF Asset Freezing Initiative ($146,055) and support to Somali trial prosecutors ($159,965). In addition, Project 92 and 93, with a total amount of USD 1,419,184, were pre-approved, pending further contributions to the Trust Fund. Additionally, the Board approved Project 89, which is a continuation of Project 61, using unspent funds without
3 INTERPOL implemented #77 through IMO; DOALOS/OLA implemented Project 61 with support of UNSOM. 4 Project 61, 72, 77, 79, 81, 85 and 86 were operationally closed in 2018.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA requesting additional funding. As of 31 December 2018, Project 89, 92 and 93 had not yet received funding from the Trust Fund.
20. From 21 December 2012, when the Trust Fund transitioned to the Multi-Partner Trust Fund (MPTF) mechanism, to 31 December 2018, a total of USD 14,834,461 had been received from 18 donors, with US$58,155 total interest earned, bringing the cumulative total of funds to US$14.89 million. During the entire period, the Trust Fund Board had approved the implementation of 42 projects worth a total of US$15.10 million. The balance of the Trust Fund as of 31 December 2018 was USD 207,096 - an amount that is insufficient to fund the pre-approved projects. The Trust Fund Board, in line with its Terms of Reference, has maintained its focus on building capacity for the prosecution of suspected pirates in Somalia and the region, funded under “Window A,” which to date has accounted for the major share of approved project funds.5
B.2 Monitoring and Evaluation, and Reporting
21. The Trust Fund Board requires that projects that receive financial resources from the Trust Fund are monitored, reported on and evaluated, in order to showcase the impact of the Fund and to promote fundraising. The Board considers it imperative that projects financed by the Trust Fund follow rigorous monitoring and evaluation. In this vein, Implementing Partners are required to provide to the Trust Fund Administrator annual financial statements and reports no later than four months (30 April) after the end of the calendar year. Based on these reports, the Fund Administrator prepares and provides to the Trust Fund Board and the donors: (1) an Annual Consolidated Financial Report for the Trust Fund; and (2) an Annual Certified Financial Statement on its activities as Trust Fund Administrator (‘Report on Sources and Use of Funds’) no later than five months (31 May) after the end of the reporting calendar year.
22. Similarly, implementing partners are required to provide the Secretariat brief periodic reports on progress of implementation of ongoing projects and annual narrative progress reports by no later than three months (31 March) after the end of the reporting calendar year. The Secretariat prepares and provides annual consolidated narrative reports to the Board and information on each donor that contributed to the Trust Fund in that year by no later than five months (31 May) after the end of the calendar year. The Fund Administrator and/or the Secretariat may flag any issue related to the
5 For a Summary of Projects Funded under the Trust Fund as of 31 December 2018 please refer to the Table in the Consolidated Annual Financial Report Section.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA implementation of approved projects to the attention of the Board. The Trust Fund Administrator ensures that the operations of the Trust Fund are publicly disclosed on the MPTFO GATEWAY (http://mptf.undp.org), which is the Trust Fund Administrator’s website.
23. The Board decided that for projects under the overall value of US$ 1 million, a critical self- evaluation would be required annually, and/or at the conclusion of the project, using the self- evaluation form provided by the Fund Administrator. For projects above the value of US$ 1 million, fund recipients are required to factor in, as part of the project proposal, a budget for an independent evaluation once a year and/or at the conclusion of the project. The independent evaluation is to be undertaken by an independent consultant, with the Terms of Reference supported and cleared by the Secretariat.
PROJECTS UNDER IMPLEMENTATION OR COMPLETED IN 2018 24. In 2018, the Trust Fund supported a range of activities related to prosecution, detention and transfer, maritime law enforcement and governance as well as livelihoods training. Specifically, the Trust Fund supported UNODC in ensuring human rights compliant prisons in Hargeisa and Garowe (Project 51) and capacity building of maritime law enforcement authorities in Galmudug, Somalia (Project 86). Trust Fund projects also facilitated the repatriation of six convicted pirates from the Seychelles to Somalia after they had served their sentence in prisons in Seychelles (Project 49) as well as the rehabilitation of youth in Somalia at risk of piracy (Project 72). Further, the Trust Fund supported capacity building initiatives in Garowe and Hargeisa prison (Project 74) as well as supporting the LETF in activities related to assets derived from pirate activities (Project 85). Other activities during the reporting period include awareness raising, training and installation of an Automatic Identification System (AIS) and radios to fishermen in Puntland, Somalia (Project 80) and completion of an overview of the legislative and institutional framework for ocean affairs and the law of the sea in the Federal Republic of Somalia, prepared by DOALOS (Project 61).
25. Besides the repatriation of convicted pirates from Seychelles to Somalia, the Trust Fund also supported regional training workshops, attended by nine Western Indian Ocean states, in Kenya, Mozambique and Tanzania on guidelines for illegal fishing evidence collection (Project 79). The workshops developed a harmonized guide for the collection of maritime data by all coastal and island nations in the Western Indian Ocean to standardize the type of data collected and how it is collected. In Seychelles, under Project 81, UNODC supported basic training to prison staff and focused on
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA enhancing human rights compliant structures to improve secure and humane detention facilities. Under Project 91, UNODC also provided legal advocacy to the Office of the Attorney General of the FGS and conducted a piracy mock trial for senior Somali prosecutors in Seychelles. Under Project 87, UNODC supported the development and strengthening of states in the region to effectively counter maritime crime by increasing the expertise and professionalism of criminal justice practitioners. Under Project 77, the Trust Fund also supported INTERPOL in its debriefing of previous hostages of Somali pirates. INTERPOL conducted these activities together with local law enforcement authorities and the United States Federal Bureau of Investigation (FBI). Information from the debriefings was registered in the INTERPOL Global Database on Maritime Security and used to produce analytical products on incidents involving several hijacked vessels. The analytical reports have been shared with law enforcement agencies internationally to support the prosecution of those who “illicitly finance, plan, organise, or unlawfully profit from pirate attacks off the coast of Somalia”, in line with United Nations Security Council resolution 2077 (2012).
26. The ExFac of the Trust Fund is a unique mechanism which permits the payment or reimbursement of short-term prosecution related expenses and supports relevant legal activities. The ExFac is intended to allow the Board to delegate authority of approval to UNODC in circumstances where immediate action is required to pay or reimburse short-term prosecution related expenses, or any other activities deemed urgent. The financial support it provides is intended to ensure that administrative processes, such as prosecution and detention of piracy suspects remain functioning without compromise. At the request of the CGPCS, UNODC agreed to manage the ExFac as Project 51 for the quick allocation of funds. From December 2012 to 31 December 2018, the Trust Fund disbursed USD 600,000 replenishments to meet short-term unforeseen expenditures related to piracy prosecutions.
27. In section C1, further information is provided on the activities carried out under each project in 2018. The following figures provide an overview of all the projects implemented in 2018, by thematic area (figure 1), as well as by funding window (figure 2):
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Figure 1. Trust Fund Project Funding Allocations by Theme:
Prevention/communi cations, vocational training Hostage support, 3% debriefing, international law enforcement 13%
Somali maritime governance and MLE capacity Regional prosecution 45% and detention capacity & immediate trial/transfer support 25%
Regional MLE capacity Somali prison 5% capacity 9%
Figure 2. Trust Fund Project Funding Allocations by Window A or B:
Window B "Other priority activities" 33%
Window A "Prosecution and detention-related activities" 67%
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PROJECT IMPLEMENTATION STATUS C.1 Reports submitted by all Recipient / Participating Organizations for calendar year 2018
PROJECT 49: Support to prisoner transfer flights from Seychelles to Somaliland and Puntland 1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 49 c. Project Title Support to prisoner transfer flights from Seychelles to Somaliland and Puntland d. Project Duration 7 years and 1 month (initially 12 months) e. Project Starting Date6 1 December 2012 f. End Date 30 December 2019 (5 no cost extensions granted) g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Seychelles and Kenya i. Thematic/Focus Area Prosecution and Detention j. Primary Project Objective (Summary) Support transfers of convicted pirates from the Seychelles to Somaliland and Puntland k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes. Five no cost extensions have been granted to December 2019. c. Is the project currently on time? As above d. Comments if a-c is negative Because of delays in receiving funding, the full amount awarded was not able to be allocated to repatriation funds in the timeline envisioned. An extension was therefore requested and granted to enable flights to be funded in 2014. Further extensions were obtained due to the lack of delivery of judgments in 2015, 2016, 2017 and 2018. In total, five no cost extensions have been granted. 3. Financial Information (US$): a. Overall Budget $353,100 b. Trust Fund Contribution $353,100 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) In 2018, UNODC supported the repatriation of six Somali individuals from the Seychelles to Somalia upon completion of serving their sentence in prisons in Seychelles. These individuals had been convicted of piracy offences.
There were no transfers in 2018.
6 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA b. Results achieved to date In the reporting period, UNODC Global Maritime Crime Programme facilitated repatriations for a total of 6 individuals convicted of piracy who had served their sentence in the Seychelles. c. Major obstacles encountered when implementing the project Given there has been a reduction in piracy attacks, there have been limited reasons to support transfer flights. Consequently, UNODC has asked to be able to use these funds for alternate purposes, including support for the prisons holding suspected/convicted piracy prisoners and ensuring that the capacities built to date to combat piracy are maintained and refreshed, in line with the overall project objective to support counter-piracy initiatives. d. Concerning risks identified in the application – have any materialized – have any measures been taken? No e. Any health/safety/environment issues? Special measures taken? No f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA
PROJECT 51: Expedited Facility (ExFac)
1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 51 c. Project Title Expedited Facility (ExFac) d. Project Duration 8 years e. Project Starting Date7 1 January 2012 f. End Date 30 December 2019 g. Current Status (as of 31 Dec 2018) Ongoing. No cost extension granted – end date 30 December 2019 h. Location of Project Seychelles, Mauritius, Somalia, Kenya i. Thematic/Focus Area Counter Piracy Maritime Law Enforcement j. Primary Project Objective (Summary) The ExFac is intended to allow the Board to delegate authority of approval to UNODC in circumstances where immediate action is needed for short-term prosecution-related expenses, or any other activities deemed urgent. k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? No – this project reacts to unforeseen situations so project funds are not specifically programmed under a particular timeline. c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 3. Financial Information (US$): a. Overall Budget $600,000 (total to date) b. Trust Fund Contribution $600,000 c. Is the overall cost still applicable? Yes – a further top-up will be needed based on the nature of the project that addresses unforeseen circumstances to ensure fair and efficient piracy trials and imprisonment. d. Is expenditure currently according to budget? Yes – but as this is a special fund, no budget applies e. Is the entire financing for the project secured? Not known as it is dependent on piracy attacks off (for projects that receive bilateral funding in the coast of Somalia. addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs)
Outcome 1. Fair and Efficient Trials and Imprisonment in Regional Centers Output 1.1. International Monitoring Committee verification visit In the reporting period, two International Monitoring Committee (IMC) verification visits were conducted to meet with Somalis convicted of piracy in Seychelles and subsequently transferred back to Somalia to complete their sentences. The first verification visit took place at Hargeisa prison in March 2018 and brought together members of the IMC, including members from the Netherlands, Denmark, the UK and Sweden. The second verification visit to Hargeisa and Garowe took place in September 2018 and included IMC members from Canada, Denmark, Italy, the Netherlands and Sweden. On both occasions, the IMC members inspected the facilities and assessed the human rights compliance of the facilities, including rehabilitation/vocational training activities and infrastructure conditions.
7 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA
Output 1.2 Interpretation support In November 2017, six Somalia nationals suspected of piracy were handed over by EUNAVFOR to Seychelles for prosecution. UNODC was present to advise the Seychelles Police Force on handover procedure and securing chain of evidence. An interpreter was deployed to ensure the piracy trial from the outset is compliant with human rights procedure leading to a fair and efficient trial and detention. The interpreter also actively monitored the welfare of the suspected pirates and in line with this, various welfare items were provided, Quran classes arranged and medical assessments completed. The interpreter continued into 2018 and supported the trial that ran from 17- 21 September 2018. UNODC also supported the September 2018 piracy trial by arranging travel and accommodation for three civilian witnesses to provide crucial testimony during the proceedings. The six accused were acquitted in the trial and repatriated back to Somalia at the end of November 2018.
Outcome 2. Support to new regional states to undertake piracy trials Output 2.1 Support to other states in the region to assess their preparedness to deal with piracy cases and advise them on measures they might take to improve their readiness In September 2018, UNODC conducted a Legal Training and Piracy Mock Trial for Senior Prosecutors from the Attorney General’s Office of Somalia. This activity was scheduled during the same dates of the latest Piracy Trial in Seychelles with the purpose of providing legal mentoring to the Somali prosecutors while observing a live piracy trial. The Somali delegation had the opportunity to hear opening statements at the piracy trial and witness cross-examination of testimonies. Furthermore, the Somali prosecutors had the opportunity to participate in a mock trial in which they put some advanced prosecutorial strategies into practice in a court proceeding. b. Results achieved to date The Terms of Reference for the Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia (Trust Fund) calls for a mechanism that will “provide for an expedited distribution mechanism to allow for the payment or reimbursement of short-term prosecution related expenses; and support relevant legal capacity-building activities” (Para. 5). At the request of the Member States and the Trust Fund, UNODC agreed to manage the ExFac as part of the Trust Fund.
Since its establishment in 2010, the ExFac has been used in the following areas:
Support to fair and efficient piracy trials • Travel expenses of prosecutors and the provision of adequate legal defense for individuals accused of piracy-related offences. • Video-link technology to enable remote testimonies from witnesses. • Transcription services during trial, improving consistency of the law (precedence) and transparency of the legal process. • Somali-English interpretation ensuring suspects understand their respective legal proceedings, upholding international standards of criminal justice and maintaining rule of law.
Support to prisoner transfer and repatriation The small island state of Seychelles accommodates the largest prison population per capita in the world. Despite managing an already over-stretched criminal justice system, the Seychelles agreed to facilitate the trials and incarceration of convicted pirates, with eventual repatriation as a prerequisite. To date, over 100 individuals convicted of crimes relating to piracy in Seychelles have been transferred to prisons in Somalia or repatriated post sentence. Activities of the same nature have been funded by ExFac in Kenya and Mauritius.
During the reporting period in Kenya, four persons convicted of piracy were repatriated to Somalia on 23 June 2018, following the completion of their 7-year sentences at Shimo la Tewa Prison. In Seychelles, six piracy suspects were tried and acquitted of all charges at the end of September 2018. Following this, the six individuals were repatriated back to Somalia in November 2018.
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Support to secure and humane prisons UNODC provides support to prisons holding piracy detainees to ensure that they are secure for prisoners and staff and meet minimum international standards. In the reporting period, the ExFac contributed to ensuring these standards are met. The ExFac funded the procurement of basic safety equipment for prisons holding transferred piracy prisoners and allowed for the engagement of a consultant to advise on the care of vulnerable prisoners in Seychelles.
Further, the ExFac supported the travel of prison experts to assess the conditions of prisons monitored by UNODC where pirates are currently held. To date, the project has successfully delivered against its principle objective to support piracy trials and the overall results of cases progressed with our support are as follows:
ACQUITTED TRIED CONVICTED REPATRIATED TRANSFERRED REMAIN IN PRISON KENYA 17 164 147 147 0 0 SEYCHELLES 28 153 125 28 124 1 MAURITIUS 12 12 0 12 0 0
As a result, no trial has failed due to lack of support or due process and piracy trials were conducted in compliance with human rights standards leading to an increase in fair and just piracy trials. c. Major obstacles encountered when implementing the project This funding is unique in that it is flexible and reactive funding to manage incidents that have not yet occurred, and we are not yet aware of. Given this, it is very difficult to forecast whether funding is enough (for instance if there were a large-scale piracy incident, available funds may not be sufficient to address the urgent need). The expiry date also has its limitations as no one can predict when or if a piracy incident may happen. d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA
PROJECT 61: Building the knowledge and capacity of Somali legislators and technical officials regarding the rights and duties in the maritime zones set out in the United Nations Convention on the Law of the Sea (UNCLOS) 5. Project Information: a. Recipient UN Organization (Project Lead) Division for Ocean Affairs and the Law of the Sea (DOALOS), Office of Legal Affairs (OLA) b. Project Number 61 c. Project Title Building the knowledge and capacity of Somali legislators and technical officials regarding the rights and duties of the maritime zones set out in the United Nations Convention on the Law of the Sea (UNCLOS) d. Project Duration 3 years and 6 months e. Project Starting Date8 2 September 2014 f. End Date 28 February 2018 g. Current Status (as of 31 Dec 2018) Successfully completed with all activities implemented h. Location of Project Mogadishu (Somalia) and New York (USA) i. Thematic/Focus Area Ocean j. Primary Project Objective (Summary) To build the knowledge and capacity of Somali legislators and technical officials regarding the rights and obligations under UNCLOS in maritime zones, including in relation to the repression of piracy, in order to assist Somalia in developing an overarching legal framework for the effective governance of maritime zones under national jurisdiction and the sustainable development of their resources in conformity with UNCLOS. k. Implementing Partner(s) (if applicable) N/A 6. Time: a. Did the project start on time? Yes. The project started on 2 September 2014, which was the date of the first transfer of the funds from the Trust Fund. b. Is the planned end date still applicable? The project ended on 28 February 2018; this was the scheduled end date after two no-cost extensions in March 2016 and in March 2017. c. Is the project currently on time? N/A d. Comments if a-c is negative N/A 7. Financial Information (US$): a. Overall Budget US $383,175.56 b. Trust Fund Contribution US $383,175.56 c. Is the overall cost still applicable? No d. Is expenditure currently according to No budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative Due to significant cost savings in delivering project activities, primarily arising from the holding of training sessions under Activity 2 in Somalia
8 The start date is the date of the first transfer of the funds from the Trust Fund.
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(UNSOM premises), as opposed to out of country as originally planned, a reallocation of $90,000 for an additional activity, namely providing two Special Strategic Fellowships at DOALOS for Somalia, was proposed and approved by the Trust Fund Board on 1 March 2016. This led to Activity 4.
In addition, $177,034.68 of unobligated funding remained at the end of the project.
8. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) Under Activity 3, the Overview of the legislative and institutional framework for ocean affairs and the law of the sea in the Federal Republic of Somalia, prepared by DOALOS on the basis of the work of a Somali research consultant and an international legal expert consultant, was transmitted to the Federal Government of Somalia (FGS) by a note verbale, dated 26 June 2018. The finalization of the Overview took into account feedback and information received during the 2017 briefing for Somali parliamentarians under the second delivery of Activity 1. All activities under the project had thus been completed. b. Results achieved to date The project originally consisted of three activities. A fourth one was added during implementation of the project.
Under Activity 1, two Mogadishu-based briefings for parliamentarians were planned. With the support of UNSOM, the first Mogadishu-based briefing on the UNCLOS regime was held in October 2014 for a number of key Somali Parliamentarians selected in consultation with the Presidency and the Speaker of the Parliament. The feedback from the participants and the Speaker was very positive and was followed by a request from the FGS to hold a second briefing for a wider group of Parliamentarians.
The second briefing was originally scheduled for the fall of 2015, but it was postponed due to the political situation in Somalia, including the elections. It was ultimately delivered in Mogadishu on 12 and 13 September 2017. A three-person team from DOALOS gave a series of presentations which covered the most important aspects of ocean affairs and the law of the sea and responded to questions. The briefing was attended by more than 20 participants representing both the upper and the lower chambers of the Parliament. Representatives of the parliaments of the Federal Member States were also present. The Attorney-General of Somalia, Dr. Ahmed Ali Dahir, attended both days and actively participated in the briefing, delivering a presentation on the current status of ocean-related national legislation of Somalia.
These briefings helped Somali Parliamentarians gain an essential understanding of the legal framework for the repression of piracy under UNCLOS, and related instruments, as well as the regime of maritime zones, including the Exclusive Economic Zone, so as to inform the formation of a basic legal framework at the national level in accordance with international law. Such framework includes, in particular, national legislation on maritime zones and rules for the sustainable utilization of marine resources.
Under Activity 2, "In-depth training programme for relevant Somali Government Officials and Representatives from the Regions of the UNCLOS regime", a five-day in-depth training programme for mid-level to senior-level officials of the FGS and regional authorities across various relevant ministries and agencies was planned. The training was held in July 2015 with the support of UNSOM. It was attended by 35 representatives drawn from the FGS and the regional authorities of Puntland and Galmudug. The Minister of Fisheries of the FGS also attended. The feedback from participants was overwhelmingly positive. In particular, there was unanimous appreciation for having held the training
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA in Mogadishu, as well as requests for further trainings on specific aspects, such as fisheries governance and dumping of waste at sea, and for the training of other government officials.
Under Activity 3, "Gap analysis of the Somali legislative and policy framework for oceans", a Somali research consultant researched and provided source materials and the information necessary for the analytical framework of a gap analysis of the Somali legislative and institutional frameworks in relation to oceans affairs and the law of the sea. An international legal expert consultant, working with the Somali research consultant, undertook the substantive gap analysis and prepared a study. On the basis of that study, DOALOS prepared the Overview of the legislative and institutional framework for ocean affairs and the law of the sea in the Federal Republic of Somalia. The main conclusions of this gap analysis, which went through a review process involving relevant organizations active in Somalia (e.g. FAO, UNODC, UNSOM), were introduced at the 2017 briefing for Somali Parliamentarians. Following its finalization, which also took into account feedback and information received during the briefing, the Overview was formally transmitted to the FGS via a note verbale, dated 26 June 2018.
Under the new Activity 4, "Train two Somali Fellows – DOALOS Special Strategic Fellowships for Somalia", two Somali fellows successfully completed a four-month Strategic Fellowship from March to July 2016 hosted by DOALOS at the United Nations Headquarters in New York. The fellows were nominated by the FGS to take part in the Fellowship, with the commitment by their Government that upon their return home, they would be placed in positions within the FGS where their acquired capacity in ocean affairs and the law of the sea could be best used. The topics of the research of the two fellows were: the UNCLOS regime; maritime security and people at sea; the regime for fishing activities, including issues related to unsustainable fishing practices and illegal, unreported and unregulated (IUU) fishing; ocean governance and sustainable ocean-based economy. In addition, the fellows attended and observed a number of ocean-related United Nations meetings and were assigned substantive exercises; they also received training to enhance their professional skills, including communication and leadership. c. Major obstacles encountered when implementing the project Certain delays in the implementation of some project activities were experienced due to the political situation in Somalia, including the long election process which completed in February 2017 and the subsequent political process leading to the formulation of a new Government. For example, the second briefing for Parliamentarians under Activity 1, which was scheduled for the fall of 2015, had to be postponed until September 2017. d. Concerning risks identified in the application – have any materialized – have any measures been taken? Some of the project activities experienced delays due to political developments in Somalia. Efforts to involve the regions of Somalia in the trainings were also challenging, but the participation of Puntland and Galmudug was very positive. It should be noted that the strong relationship with the FGS, which allowed for effective cooperation and coordination in all phases, was critical to the success of this project. e. Any health/safety/environment issues? Special measures taken? No. It is noted that the in-country components of the project were delivered in accordance with UNSOM and UNDSS protocol. f. Partnerships and cooperation with other organizations formed while implementing the project DOALOS would like to highlight the importance of the professional and collegial support provided by colleagues at UNSOM during all phases of this project, in particular the delivery of Activities 1 and 2. Without this strong support from UNSOM, it would not have been possible to deliver this project. During the delivery of Activity 3, FAO, IMO, UNODC and UNSOM assisted in the review of the gap analysis, providing crucial and updated information from their experiences on the ground.
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PROJECT 72: Vocational training for youth at risk of piracy
1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 72 c. Project Title Vocational training for youth at risk of piracy d. Project Duration 3 years and 6 months e. Project Starting Date9 1 January 2015 f. End Date 30 June 2018 g. Current Status (as of 31 Dec 2018) Complete h. Location of Project Puntland, Somalia i. Thematic/Focus Area Livelihoods Training j. Primary Project Objective (Summary) To equip the youth at risk of piracy with transferable skills aimed at providing them with an alternative to criminality, reducing the risk of recidivism, encouraging entrepreneurship and fostering economic development. k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Complete as of 30 June 2018 c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 3. Financial Information (US$): a. Overall Budget $150,000 b. Trust Fund Contribution $150,000 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) In Somali prisons, due to limited accommodation, young male prisoners are sometimes accommodated with adult prisoners who present a similar risk. This results in young prisoners also being accommodated with piracy detainees. To mitigate the risk that these young prisoners may associate themselves with these adult male prisoners, UNODC identified the need for these vulnerable prisoners to engage in increased rehabilitation activities. Vocational training material and equipment were provided to support Somali Custodial Corps (SCC) to enhance its capacity to provide rehabilitation programme to the targeted prisoners. b. Results achieved to date Outcome 1: At risk youth is trained in trade skills. Activities completed in 2015.
Outcome 2: At risk youth is given basic tools necessary to carry out their trade The youth at-risk received electrical, tailoring, catering and carpentry toolkits which would enable them to facilitate job placement to strengthen strategic linkages among business and education providers. During the reporting period in particular, tailoring was one of the focus areas to strengthen
9 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA the SCC’s capacity in order to meet the needs for female prisoners in Garowe. Therefore, in addition to materials and tools, tailoring equipment was provided.
Procurement for a vocational training programme for vulnerable prisoners in Garowe was done. In Garowe, the SCC provides vocational training on welding, electrical wiring, plumbing and tailoring. In 2018, the project focused on strengthening the area of tailoring as it contributes to gender mainstreaming in the prison.
Implementation approach Through close consultation with the SCC, UNODC identified a suitable training course and required materials and equipment. These identified materials and equipment were delivered directly to prisons and used for trainings delivered in these prisons. Implementation has been closely monitored by UNODC prison experts and national programme officers. c. Major obstacles encountered when implementing the project Procurement in Somalia has experienced challenges due to limited available goods and services together with the high security risks. UNODC has been working intensively with the SCC since 2014 and earned experience on procurement activities which highlights the importance of communication with suppliers until delivery stage. Throughout the implementation of this project, the UNODC team has continued its market research to deepen the knowledge of potential suppliers and its close follow up with suppliers to ensure the items are delivered in each location.
During the project implementation period, changes were made in the SCC staff. The new staff had less knowledge and experience as they had not been part of previous trainings, and this affected the continuity and efficiency of the activity. To address this, UNODC continuously encouraged the government partner to ensure that the same prison officers were participating in the activity throughout implementation. In addition, UNODC staff closely monitored implementation progress by daily attendance at the prison. d. Concerning risks identified in the application – have any materialized – have any measures been taken? The security risk identified in the application was mitigated through the following: UNODC constantly monitored the security situation in Garowe and advised beneficiaries accordingly. UNODC also made sure to follow UNDSS regulations and continued to follow up and engage regularly with the government and other counterparts to obtain relevant information on security. e. Any health/safety/environment issues? Special measures taken? In 2017, Somalia experienced a major drought and a large population was vulnerable to food insecurity. These environmental challenges often affect prison operations with a lack of water and food. The situation improved nationwide in 2018, however, food and water shortages remain a vulnerability for the entire country. When these issues affect the functionality at target prisons, UNODC continuously engages in consultations with government to provide support to the prisons and minimize negative impacts on their operations in order to ensure government ownership of prison management. f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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PROJECT 74: Detention and Transfer
1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 74 c. Project Title Detention and Transfer d. Project Duration 4 years and 4 months e. Project Starting Date10 1 September 2015 f. End Date 31 December 2019 g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Garowe, Puntland State of Somalia Hargeisa, Somaliland i. Thematic/Focus Area Security Sector j. Primary Project Objective (Summary) To support detention and transfer k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes - a 12 month no cost extension was granted, with the new end date being 31 December 2019. c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 3. Financial Information (US$): a. Overall Budget $2,000,000 over 24 months b. Trust Fund Contribution $379,957 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project No secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) During the reporting period, UNODC Global Maritime Crime Programme (GMCP), in line with the project document, supported capacity building activities in both Garowe and Hargeisa prison through training and mentoring. In Hargeisa, UNODC GMCP developed and delivered the Senior Management Programme for “Somaliland” Custodial Corps and Ministry of Justice. The programme brought together over 30 Prison Commanders and Heads of Administration. In Garowe, UNODC GMCP continued to support the delivery of vocational training at Garowe Prison throughout 2018.
The Horn of Africa prison team in Puntland continued to be a critical tool in monitoring the enforcement of piracy sentences. UNODC GMCP worked closely with its international partners, arresting and transferring states, and Somali authorities to ensure that those who are convicted of piracy were not prematurely released. As expressed in the Contact Group on Piracy off the Coast of Somalia (CGPCS) Communique, dated 7 September 2018, UNODC GMCP also shares the view that the “success of the battle against piracy has been achieved through deterrence mechanisms, including arrest, prosecution and imprisonment, and that actions that undermine them could easily reverse the current situation and defeat all efforts made to date.
10 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA b. Results achieved to date Outcome 1: Prison operations are assured at Garowe Prison The achievement of this outcome, as outlined in the related outputs, revolves around the delivery of: training and mentoring to staff, support to rehabilitation programmes, support through infrastructure and equipment to make the prison operate according to international standards.
As explained in the previous section, UNODC GMCP has supported training and mentoring activities for custodial staff and provided material in support of vocational training programmes targeting piracy prisoners.
Outcome 2: Prison operations are assured at Hargeisa Prison The achievement of this outcome, as outlined in the related outputs, revolves around the delivery of: training and mentoring to staff, support to rehabilitation programmes, support through infrastructure and equipment to make the prison operate according to international standards.
As explained in the previous section, UNODC GMCP has supported training and mentoring activities for custodial staff and provided material in support of vocational training programmes targeting piracy prisoners.
At both Garowe and Hargeisa prison, full-time mentoring is delivered through other funding sources/projects tying in with capacity-building activities.
Funds remain available for 2019 to further support the outcomes of this project. c. Major obstacles encountered when implementing the project In late 2018, a group of high-risk prisoners, including pirates, sparked a prison riot putting the security of the Garowe prison at risk. The situation at the prison normalized within a few hours. In the aftermath of these events, UNODC developed and delivered a comprehensive package of training over two weeks to strengthen the capacity of custodial officers to develop and implement human rights compliant responses to emergency situations (control and restrain), continuous risk assessment, tactical approaches, dynamic security, and management of high-risk prisoners. d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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PROJECT 77: INTERPOL Hostage Debriefing Initiative 1. Project Information: a. Recipient UN Organization (Project Lead) INTERPOL (under IMO) b. Project Number 77 c. Project Title INTERPOL Hostage Debriefing Initiative d. Project Duration Initially 12 months (followed by two no-cost extensions; overall duration 37 months) e. Project Starting Date11 1 November 2015. However, the project did not start until September 2016 (Project Manager start date). f. End Date 30 November 2018 g. Current Status (as of 31 Dec 2018) Finalised h. Location of Project Lyon, France and globally i. Thematic/Focus Area Debrief of hostages captured by Somali pirates j. Primary Project Objective (Summary) 1. Intelligence gathering, 2. Assist law enforcement investigations, 3. Security – prevent future hijackings, 4. Humanitarian support to the seafarers. k. Implementing Partner(s) (if applicable) National Central Bureaus (NCBs), Maritime Piracy Humanitarian Response (MPHRP), International Seafarers' Welfare and Assistance Network (ISWAN), Sailors’ Society, United States Naval Criminal Investigative Service (NCIS), United States Federal Bureau of Investigation (FBI), Director-General of Shipping of the Indian Government. 2. Time: a. Did the project start on time? No b. Is the planned end date still applicable? The project is finalised c. Is the project currently on time? The project is finalised d. Comments if a-c is negative The project started 1 September 2016 when the Project Manager began her contract. 3. Financial Information (US$): a. Overall Budget $296,456 b. Trust Fund Contribution $296,456 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project Yes secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) The Indonesia debriefing took place in JAKARTA, 21-23 February 2018. The Sri Lanka debriefing took place in COLOMBO, 5-6 March 2018. Please see further details in section 4.b. b. Results achieved to date
OUTCOME 1: Law Enforcement authorities in India, Philippines, Vietnam, Sri Lanka, Malaysia and Indonesia will possess all the relevant skills to interview piracy hostages. There are two key components here:
11 The start date is the date of the first transfer of the funds from the Trust Fund.
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Output 1, related to establishing the availability of the hostages:
a) Locating the hostages: Building off the list of seafarers compiled in 2014, INTERPOL continued this work of identifying seafarers who were victims of Somali pirates over the period of 2012- 2018. INTERPOL located seafarers using various resources, such as (1) charitable organizations that deal with seafarers’ general welfare and well-being (i.e. MPHRP, part of ISWAN and Sailors’ Society), (2) shipping companies and insurance agencies, and (3) national government agencies responsible for maritime affairs, navy forces, and law enforcement agencies. To date, INTERPOL has identified over 1,300 seafarers from over 50 countries. However, the MPHRP was absorbed by ISWAN and the specific focus of this programme on hostages was shifted towards general assistance to the seafarers. This became a challenge as MPHR points of contact in several countries claimed they lost contact with former hostages. INTERPOL explored several other avenues to locate hostages, such as through maritime management companies and individual agents as well as through previously interviewed hostages. Locating the hostages proved to be one of the main challenges encountered during this project.
b) Establishing seafarers’ willingness to be debriefed and if their response was positive, then arranging the debrief to take place. During the life of the project, INTERPOL contacted over 300 hostages trying to establish their willingness to take part in debriefs. The contacts were conducted through the (1) MPHRP and the Sailors’ Society, (2) ship owners and managing companies as well as through (3) national government/law enforcement agencies.
Output 2: Debriefing of hostages and increasing capacity in each country (or group training) on interviewing skills and other aspects of maritime piracy investigations
a) Immediate debriefing of hostages: - Indonesia: The Indonesia debriefing took place in JAKARTA on 21-23 February 2018. The debriefed seafarers were victims of the Somali pirates and represented crew members from the NAHAM 3, released on 22 October 2016 after nearly 5 years in captivity. The debriefing was organized with the assistance of the representatives of the sailors’ society (both local and from the main office). The debriefing was conducted in conjunction with the expert law enforcement personnel of the FBI. Also in attendance were representatives of the Indonesian National Police and INTERPOL Indonesia.
- Sri Lanka: The Sri Lanka debriefing took place in COLOMBO on 5-6 March 2018. The debriefed seafarers were victims of Somali pirates and represented crew members from two different vessels and involved two separate incidents. Two of the debriefed seafarers spent nearly four years in captivity. The debriefing was organized with the assistance of the local maritime managing agent. The debriefed seafarers brought with them another seafarer (whose contact information had been unknown to the authorities) from the same vessel, so hence this seafarer was included in the debriefing. The debriefing was conducted in conjunction with the expert law enforcement personnel of the United States Federal Bureau of Investigation (FBI), and representatives of Sri Lankan National Police attended as well.
OUTCOME 2: INTERPOL used the data from the above-mentioned debriefings to populate the INTERPOL Global Database on Maritime Security, utilizing an INTERPOL analyst who worked on this aspect of the project. As a result, INTERPOL has been able to provide new and detailed information on many aspects of piracy off the coast of Somalia and produce new and updated analytical packages on a number of incidents.
Specifically, several analytical products were prepared and updated on incidents involving: NAHAM 3, ALBEDO, and ARIS 13 utilizing the data obtained during this project. The analytical products have been shared with law enforcement agencies internationally to support the prosecution (if/when necessary)
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA of those who “illicitly finance, plan, organize, or unlawfully profit from pirate attacks off the coast of Somalia,” as stressed in UNSCR 2077 (2012). The existing “Key Pirate Leaders” report has been updated using the information obtained from the debriefs. c. Major obstacles encountered when implementing the project 1. Locating the hostages proved to be a major challenge. While INTERPOL identified over 1,300 seafarers’ (victims) names, some were no longer involved in the industry, some had changed places of residence, some moved to work with different shipping companies, thus accurate contact information was often difficult to ascertain. Additionally, the organizations that were initially identified as the main stakeholders whose focus was on kidnapped seafarers shifted their focus towards more general assistance to the seafarers (e.g. with employment, insurance, etc.).
2. Establishing seafarers’ willingness to participate proved to be a challenge, as many of the seafarers did not see the immediate personal benefit of a debrief, some appeared to be still highly traumatized from the event so they did not want to talk about their experience(s). Additionally, positive response to attempts to interview seafarers was affected by the communication channel used to establish contact with the seafarers. Seafarers were contacted through a variety of avenues, such as the (1) MPHRP and the Sailors’ Society, (2) ship owners and managing companies as well as through (3) national government/law enforcement agencies. The seafarers seemed to be far more inclined to agree to be interviewed if contacted by humanitarian organizations, and when contacted by law enforcement authorities, they sometimes seemed to have far more reservations and objections to take part in the project. INTERPOL soon identified this tendency, and therefore resorted to primarily contacting the seafarers through above-mentioned charitable organizations.
3. Encouraging countries to pursue investigations was often a challenge. Historically, most countries have not been proactive with investigating the capture of their nationals. Reasons for this phenomenon seem to vary from country to country and involve issues associated with costs of investigations, lack of trained investigators, lack of supporting legal framework, etc. Therefore, INTERPOL attempted to show that this project can assist countries with their investigations as well as maintain a historical record of events to support future investigations into Somali piracy networks. Care was taken not to be perceived as overly critical of the shortcomings in national investigations as not every country has the specialist skills and capacity required to conduct maritime piracy investigations, but rather focused on building capacity where possible. Therefore, the Project Manager of the Hostage Debriefing Initiative participated in several capacity building sessions organized and carried out by INTERPOL in the South East Asia region to promote the Hostage Debriefing Initiative, familiarize relevant local (national level) law enforcement authorities with hostage debriefing and investigating maritime crimes (including kidnappings), including the importance of collecting evidence and witness statements in such cases. The audience appeared to be very receptive to the training and interested in the initiative. There were no costs for Project 77, as the financial costs for these activities were covered by other INTERPOL projects.
4. The large number of victims. INTERPOL has to date identified and placed in its database information relating to approximately 1,300 seafarers who have been kidnapped off the coast of Somalia. Organizing debriefs of large numbers of seafarers (similar to the Mumbai Debrief) is more economical and practical in the long run; but doing this does present logistical challenges due to the difficulty of coordinating all the seafarers in one place within a short period of time.
5. A debrief in Dhaka, Bangladesh, involving 15 seafarers had been planned and approved for 2017 and then for 2018; however, it had to be cancelled as law enforcement agencies from Australia, Canada, Germany and the USA declined travelling to Bangladesh due to the security concerns.
6. A debrief of Al Causar (Al Kasuar) crew members was planned and approved, but all crew members then became unavailable after they assumed new jobs on the same vessel, departing the area. Contact with the owner of the vessel and a request to schedule the debrief of the crew members
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in one of the ports along the way was initially positive. However, after multiple follow up attempts to contact the owner, the request was not met and the debrief had to be cancelled.
7. The lack of investigative experts in the police of the target countries posed a challenge as investigating this type of crime requires special skill sets. In order to counter this, INTERPOL planned to conduct training in maritime piracy investigations; however, the funds available through the project were insufficient for organizing such a training. Therefore, it was decided to focus on the debriefing aspect of the project in order to populate the Maritime Security Database using experts already available through law enforcement agencies (such as NCIS and FBI).
8. The wide scope of the project presented challenges. This project funds for a project manager to coordinate all aspects of the project in the target countries; such as logistics, missions, and liaison with the seafarers, national jurisdictions, law enforcement agencies, and other relevant entities. Considering the significant number of seafarers who are potential interviewees, as well as other stated challenges, this is a large undertaking for only one person: the debriefs that could have been scheduled concurrently in different locations could not be considered and had to be cancelled completely due to subsequent unavailability of interviewers and interviewees; thus affecting overall results of the project.
Additionally, INTERPOL provided all the analytical support at no extra cost to the project. However, as the Maritime Security Sub Directorate (MTS) has only one full-time intelligence analyst, the analytical reports could only be produced in conjunction with other analytical services required by MTS, which sometimes resulted in some delay in producing the final reports. Notwithstanding this, the MTS analyst produced and updated several detailed reports based on debriefings conducted under this project. d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project INTERPOL has engaged with and collaborated with a number of agencies to date to assist with the implementation of this project, namely:
1. INTERPOL member countries in the regions utilizing INTERPOL NCBs. The NCBs provide logistical support on the ground. 2. The MPHRP and later the ISWAN. MPHRP was a link between the seafarers and INTERPOL and allowed INTERPOL contact with the seafarers in South East Asia. After the ISWAN absorbed MPHRP, the programming focus shifted towards priorities away from those associated with this project and the level of engagement naturally reduced. However, the relationship remains positive and ISWAN remains willing to assist INTERPOL when possible and necessary. 3. The Sailors’ Society has a much larger network globally and serves as a link between seafarers and INTERPOL in countries where MPHRP does not have representatives. The Sailors’ Society assisted with contacting seafarers for the Indonesia debrief. 4. The NCIS conducted the Mumbai debriefs on behalf of INTERPOL as NCIS has an active interest in building up a criminal intelligence profile of the pirates involved. 5. The United States Federal Bureau of Investigation conducted the Jakarta and Colombo debriefs. 6. The Director General of Shipping of the Indian Government – Mr. Deepak Shetty. His office assisted INTEPROL with obtaining the necessary political clearance for the mission to India.
Information from the India debrief assisted both the FBI and the Australian Federal Police with their active investigations into those involved in Somali piracy networks.
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PROJECT 79: Support to address fisheries crime in Somalia
1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 79 c. Project Title Support to address fisheries crime in Somalia d. Project Duration Three years e. Project Starting Date12 1 August 2016 f. End Date 31 July 2019 (two no-cost extensions granted: the first in July 2017 for 10 months, and the second in July 2018 for one year) – however project delivery was completed by 31 December 2018). g. Current Status (as of 31 Dec 2018) Complete h. Location of Project East Africa i. Thematic/Focus Area Causes of piracy j. Primary Project Objective (Summary) Support Somali Fisheries Management including maritime law enforcement k. Implementing Partner(s) (if applicable) Operationalization support provided by FAO, USAID (GEEL), Secure Fisheries and World Bank. 2. Time: a. Did the project start on time? No b. Is the planned end date still applicable? Yes c. Is the project currently on time? No – project delivery was completed earlier than anticipated, and the project was operationally complete as of 31 December 2018. d. Comments if a-c is negative A fisheries model was adopted outside the scope of the project in 2016 and initiatives to advance this model were put on hold until a new government was constituted, following elections in February 2017. This delayed the commencement of project activities. Consequently, two no cost extensions were granted in July 2017 and July 2018. 3. Financial Information (US$): a. Overall Budget $499,690 b. Trust Fund Contribution $499,690 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project Yes secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) Background UNODC’s Global Maritime Crime Programme (GMCP) has been working in Somalia for three years, in collaboration with other agencies, to strengthen Government control over territorial waters through delivery of technical, material, and infrastructural assistance in Somaliland, Puntland, and Mogadishu. This work has resulted in the increased monitoring of fishing vessels and apprehension of a number of illegal fishing vessels found to be fishing without licenses. There is, however, no coherent structure on which to base these interventions – a Somali model for managing fisheries. The present project seeks
12 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA to address this gap by offering a solution to fisheries management and enforcement in Somalia based on the model used by other states in the region.
OUTCOME 1: Officials of the Somali Fisheries Authority are introduced to Regional Models. Activities under Outcome 1 completed in 2017.
OUTCOME 2: Somali Maritime Law Enforcement Authorities are trained and equipped to tackle fisheries crime. Activities under Outcome 2 completed in 2017.
OUTCOME 3: Regional Coordination meetings are held on Fisheries Crime through the Indian Forum on Maritime Crime. In addition to activities under Outcome 3 that took place in 2017, during the reporting period of 2018, UNODC GMCP also ran regional training workshops in Kenya, Mozambique and Tanzania on guidelines for evidence collection on illegal fishing. Attended by nine Western Indian Ocean States, these workshops developed a harmonized guide for the collection of maritime data by all coastal and island nations in the Western Indian Ocean, to standardize the type of data collected and how it is collected. b. Results achieved to date Funds under this project were provided to address problems with illegal, unregulated and unreported fishing (IUU) in Somalia and the broader region as this is an issue which is perceived to be a root cause of Somali piracy. The GMCP has over the length of the project held two meetings to address the issue. One focused on collection of information on fisheries activities in the Western Indian Ocean with a view to improving chances for successful prosecution of fisheries crimes. The second meeting sought to make progress on the issuance of fishing licenses for offshore fisheries in Somalia. In addition, the GMCP has used project funds to support the delivery of regional training workshops on evidence collection in illegal fishing cases.
Training of Somali maritime law enforcement officers in fisheries inspection and use of UFED (mobile phone data extraction) devices was also delivered, as was a patrol vessel for the Bossaso Port and Maritime Police Unit (BPMPU). High profile cases of IUU interdiction have been seen both in 2016 and 2017 thanks to effective international cooperation between maritime law enforcement authorities and regional organizations as well as Interpol. These cases are complex in nature involving numerous forms of serious transnational organized crime perpetrated across many jurisdictions. It would have been unimaginable just a few years back that Somalia play a significant role in such internationally coordinated operations. c. Major obstacles encountered when implementing the project In the early stages, there were delays to the planned activities due to the fact that a fisheries model was adopted outside the scope of the project in 2016 and initiatives to advance this model were put on hold until a new government was constituted, following elections in February 2017. d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project Through this project, UNODC GMCP joined a working group which supports the advancement of Somali Offshore Fisheries Management. The core members of this group are: FAO Somalia USAID GEEL Secure Fisheries The World Bank UNODC GMCP
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PROJECT 80: Puntland Fishermen Automatic Identification System Pilot Project
5. Project Information: a. Recipient UN Organization (Project Lead) Food and Agriculture Organization of the United Nations (FAO) b. Project Number 80 c. Project Title Puntland Fishermen AIS Pilot Project d. Project Duration (initially) 15 months, actual 35 months e. Project Starting Date13 1 August 2016 f. End Date 29 June 2019 (the end date was extended from 31 December 2018 following approval of a No-cost Extension on 27 November 2018). g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Somalia (Puntland) i. Thematic/Focus Area Livelihoods j. Primary Project Objective (Summary) To improve the safety of life at sea for fishermen. This will be achieved by installing 200 Automatic Identification System (AIS) low cost transponders in 200 registered boats associated with three Bossaso fishermen’s cooperatives. The system will track and monitor Somali fishing vessels’ activities at any time while at sea. Anti-piracy forces struggle to distinguish genuine fishing from other activities at sea by similar vessels. Availability of information on fishing activities will assist anti-piracy forces by improving monitoring control surveillance and supply data to be used for fisheries management purposes. The project will also increase capacity within ministries and fisheries associations to take responsibility in managing Somali fisheries. k. Implementing Partner(s) (if applicable) Ministry of Fisheries and Marine Resources of Puntland (MFMRP), Ministry of Ports and Anti-Piracy of Puntland (MOMTPAMCP) and Bossaso Fishermen’s Association (Wadajir) 6. Time: a. Did the project start on time? No b. Is the planned end date still applicable? Yes c. Is the project currently on time? No d. Comments if a-c is negative Despite good progress made in 2018, implementing partners are unable to reach the required number of beneficiaries (fishermen) as they are out at sea and far from Bossaso for long periods of time. 7. Financial Information (US$): a. Overall Budget USD 400,578 b. Trust Fund Contribution USD 400,578 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project Yes secured? (for projects that receive bilateral funding in addition to the TF)
13 The start date is the date of the first transfer of the funds from the Trust Fund.
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FAO signed Letters of Agreement (LoA) with the relevant partners to assist fishermen under this project and train them, as described below.
LoA with Wadajir Fisheries Association. This local cooperative, based near the Bossaso fishing landing site, was contracted to identify fishermen to benefit from the project based on criteria provided by FAO (including fishers having IDs and license plates in their boats thanks to Project 55 from the Counter Piracy Trust Fund). FAO is responsible for clearing the beneficiary list, for subsequent distribution to other implementing partners. Wadajir Fisheries Association was contracted to conduct awareness raising among fishermen about the use of AIS and radios, and to support them in raising issues with relevant line ministries, namely the MOMTPAMCP and the MFMRP. By the end of the year, the partner had provided 134 names (out of 175 requested) and conducted awareness raising through radio messages and meetings.
Figure 1: Sample awareness message produced by Wadajir Fisheries Association for the use of AIS.
LoA with Ministry of Ports and Anti-Piracy of Puntland. This Ministry is responsible for: (i) training 50 fishermen in the use of AIS and installing 50 AIS, and (ii) training 125 fishermen in the use of VHF-DSC marine radios and data collection for the installed AIS. During the reporting period, the Ministry held consultative meetings with project partners to improve collaboration and ensure smooth implementation. By the end of the year, the Ministry had trained 50 fishermen in AIS and installed 50 AIS.
Caption: MoP officers distributing and installing the AIS units
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Caption: MOMTPAMCP officer collecting data of the AIS used by fishermen in Bossaso
LoA with Ministry of Fisheries and Marine Resources. This Ministry is to train 50 fishermen in the use of VHF radios, train 125 fishermen in the use of AIS, install 125 AIS and collect data from the installed AIS. The Ministry held consultative meetings with stakeholders, trained 75 fishermen in AIS and installed 75 AIS.
Caption: MFMRP government officers installing AIS and training fishermen in their use.
Caption: Consultative meetings with MFMRP and fishing cooperatives.
Creation of a solar charging point for fishermen. Most fishermen lack power at home to charge the AIS or radios. To address this, it was decided to make use of solar power in a building (developed by a previous FAO project) that belongs to the fishermen association. The building and facilities (existing solar panel installation, adequate space for a charging room) can provide fishermen with the means to charge their electronics at no costs and in a sustainable way. However, fishermen’s access to the compound in which the charging point is located has been problematic due to disputes among different groups of the fishing cooperatives for the chairman’s position at Wadajir Fishing Cooperative. This has consequently led the compound manager (Red Sea Fishing Company) to stop the fishermen’s access until disputes are solved. FAO is liaising with stakeholders to resolve these tensions, but progress has been rather slow.
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Before After
Caption: Fishing cooperative office restoration process
Caption: Charging room installation
Connection issues have also been hindering project implementation. The system provided by the supplier to monitor AIS beacons relies on a central hub-server that collects the satellite AIS data from the deployed AIS beacons. Data is then forwarded from this station to what is called “viewers” station (i.e. the computers provided to project partners). The hub-server required a specific configuration with a fixed IP, which is incompatible under current internet service providers in Somalia. The aim was to keep the hub- server in Somalia, so partners would be the ones managing the entire system. However, given the current set up of partners and IT problems (from low level of skills, to internet and electricity shut downs), it was necessary to relocate the hub-server to a location with easy access for IT service and with the option to provide a fixed IP. As a result, the hub-server was installed at the FAO Somalia Office in Nairobi, which has the necessary IT services and power requirements. This solution will ensure that the viewers (based in Bossaso) can always connect to the hub-servers.
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Figure 2: AIS system configuration under this project
Data collection. Some fishermen have difficulty in using the AIS system due to lack of awareness and power supply. From those who managed to use the AIS, partners were able to extract data from fishing trips, showing similar fishing areas and patterns within 40 nautical miles from Bossaso in any direction. This indicates that Bossaso fishermen generally fish at this proximity to the shore. However, it is important to note that fishermen are not required to keep the AIS switched on. Once further data is received, better analysis can be extracted.
Figure 3: Plot of three fishing boats from Bossaso during days of operation in October 2018.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA b. Results achieved to date ● LoAs were signed with the relevant partners and activities started; ● 125 AIS beacons were installed in small-scale fishing boats in Bossaso; ● 125 fishermen have been trained in the use of AIS, and the importance of their use for safety at sea has been communicated; ● Four computers were delivered to the partners (two to the MOMTPAMCP and two to the MFMRP) for work related to the AIS project as viewer computer;
Caption: Ministry of Ports and Ministry of Fisheries with the AIS computers in their premises.
● Improved cooperation at a technical level among different ministries involved in this project. ● VHF radio repeater purchased and delivered to Bossaso. ● Purchase complete of 200 first aid kits, 200 hand held marine compasses, 200 radar reflectors, 200 solar navigation lights, 200 waterproof bags, 200 portable emergency lights, 200 portable emergency mirrors and 200 raincoats. Delivery is expected in March 2019. This was agreed following consultative meetings with the fisheries cooperative to identify items needed to improve safety at sea. ● Refresher trainings for government officers in AIS, VHF radio conducted by FAO officers throughout the year.
Caption: Refresher training in AIS and radios completed in May 2018 for project partners. ● Solar charging station for AIS has been provided to allow fishermen to charge AIS and radios; ● Partners have conducted consultative meetings amongst themselves to improve project implementation. c. Major obstacles encountered when implementing the project ● Difficulties in registering, training and installing AIS among all target fishermen, considering many being out at sea during the fishing season; ● Delays in making AIS beacons visible through the visualization system of the company providing AIS beacons, VHF-DSC hand-held radios and visualization software (though they are visible through other providers); ● Inability to connect the hub-server for the software with partners’ viewer computers from within Somalia;
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● Insufficient use of AIS beacons by fishermen unable to charge the devices; ● FAO identified an AIS beacon solar charge point, but access to the location is not yet granted due to conflict of interest among MFMRP, Wadajir Fisheries Association and Red Sea Company (that manages the space); ● Delay in the provision of VHF-DSC hand-held radios (and related training) to fishermen due to security concerns related to the misuse of radios if stolen (e.g. by terrorist groups). d. Concerning risks identified in the application – have any materialized – have any measures been taken? ● Fishermen are not using AIS as they do not have electricity at home or designated place to charge the device. FAO has identified an existing room and created a solar charging point, so fishermen can charge for free and no one has to pay for this power. ● FAO is liaising with MFMRP to ensure access to the charging point area by partners and fishermen; ● Limited radio coverage (15km radius) from Bossaso port master radio. FAO purchased a VHF radio repeater (pending installation) to increase coverage to a 30-40km radius. ● Company unable to detect the AIS satellite signal. FAO technical officers are closely following the issue. ● Internet connection features of Somalia do not allow for a fixed IP. It was therefore decided to locate the hub-server computer (which receives the AIS satellite data) in the FAO Nairobi office. This will allow FAO’s IT Unit to immediately address problems with the hub-server. e. Any health/safety/environment issues? Special measures taken? Fishermen in Bossaso lack safety equipment and requested provision of basic safety gear and training. FAO will provide such materials and deliver training to fishermen in basic survival at sea in 2019. f. Partnerships and cooperation with other organizations formed while implementing the project UNODC Bossaso offered recommendations to improve project outcomes (e.g. AIS Bossaso antenna reception, VHF radio repeater to increase VHF radio range).
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PROJECT 81: Support to Seychelles prison reform
9. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 81 c. Project Title Support to Seychelles prison reform d. Project Duration 2 years (1 year no cost extension granted in July 2017) e. Project Starting Date14 1 July 2016 f. End Date 30 June 2018 g. Current Status (as of 31 Dec 2018) Complete h. Location of Project Seychelles i. Thematic/Focus Area Detention j. Primary Project Objective (Summary) Provide tailored mentoring and training to establish an adequate management structure for the Seychelles Prison Services that will meet specific criteria of efficiency and effectiveness. k. Implementing Partner(s) (if applicable) N/A 10. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 11. Financial Information (US$): a. Overall Budget $176,560 b. Trust Fund Contribution $176,560 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 12. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) Background – amended outputs under Outcome 1 In the project proposal, the two expected outputs under Outcome 1 were: ● consultation with stakeholders (police, judiciary and the Ministry of Home Affairs, which is responsible for prisons) to evaluate the current prison management situation, and ● design of an appropriate management structure for the Seychelles prison system.
During the first six months of the project, UNODC engaged in consultation missions to develop a joint strategic plan with the Seychelles national authorities to promote reform within the Seychelles prison system. The strategic plan was submitted to the Seychelles Minister of Home Affairs for review and approval in November 2016. However, shortly after the submission, significant personnel changes occurred both within the relevant Seychelles Government agencies and the Seychelles police. Due to these personnel changes and following consultation with the Seychelles Government, it was agreed that the revised second activity for this project would be the redevelopment and finalization of the Prisons Bill, and Regulations and Standing Orders for male prisons, as well as providing advice to the Minister of Home Affairs and Superintendent on a range of priority prison matters.
14 The start date is the date of the first transfer of the funds from the Trust Fund.
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Output 1.1: Consult with stakeholders to evaluate the current prison management situation. Output 1.2: Redevelop and finalize the Prisons Bill, and Regulations and Standing Orders for male prisons, as well as provide advice on a range of priority prison matters. Output 2.1: Identify specific training needs for each division of the new prison department. Output 2.2: Identify trainers and experts to conduct training and develop curriculum. Activities under Outputs 1.1, 1.2, 2.1 and 2.2 were completed prior to 2018.
Output 2.3: Conduct all required training for each unit. In addition to activities delivered prior to the reporting period, in February 2018 UNODC organized a practical mentoring mission where an embedded prison mentor carried out an assessment of the Montagne Posse prison and detention centre in Victoria. The prison mentor delivered basic training to prison staff on searches, daily routines, role-positions-conditions, basic tactical approach and personal self-defense. In addition to the above, the embedded prison mentor’s role focused particularly on enhancing human rights compliant structures to ensure detention in the facility is both secure and humane. b. Results achieved to date Outcome 1: Design a new management structure for prison
● As outlined above, due to multiple personnel changes in the Seychelles Government and Seychelles police, it was necessary for UNODC to amend certain expected activities under Outcome 1 in agreement with Seychelles authorities. Despite these circumstances, significant progress has been made in improving Seychelles prison management structures, including by the development of a strategic plan for prison reform following extensive consultations with Seychelles authorities, and a prison expert engaged by UNODC providing legislative and regulatory support by reviewing a draft Prisons Bill, Standing Orders and Regulations for male prisons.
Outcome 2: Appropriate trainings are provided to each unit of the prison department
● UNODC has deployed a prison expert to Seychelles, where the prison expert drafted a Prisons Training Plan and provided targeted training to prison staff. ● In addition, UNODC has engaged with the newly appointed Prison Service team and has deployed a full-time prison mentor to Montagne Posse prison to assist with structuring and process changes to the prison system. The prison mentor has provided practical training and continuous mentoring to prison staff.
c. Major obstacles encountered when implementing the project Changes within government and Seychelles prison service. d. Concerning risks identified in the application – Any materialized? Measures been taken?
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The project proposal identified one possible risk as being the delay of the project implementation by the Seychelles Government. This risk did materialize, with significant changes within the Seychelles Government and prison service delaying certain activities under the project. However, UNODC re- engaged with the newly appointed national authorities and obtained their agreement to amended project activities. e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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PROJECT 85: Support Activities of the CGPCS Law Enforcement Task Force (2)
13. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 85 c. Project Title Support Activities of the CGPCS Law Enforcement Task Force (2) d. Project Duration 12 months e. Project Starting Date15 1 August 2017 f. End Date 31 August 2019 – however, projected delivery was completed by 31 July 2018. g. Current Status (as of 31 Dec 2018) Complete h. Location of Project Global i. Thematic/Focus Area Law Enforcement j. Primary Project Objective (Summary) The project has two objectives: 1. Coordinate activities of the Law Enforcement Task Force (LETF), including convening of meetings and provision of subject matter experts. 2. Coordinate the development of a currency tracking mechanism in case of future ransom payments. k. Implementing Partner(s) (if applicable) N/A 14. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 15. Financial Information (US$): a. Overall Budget $119,091 b. Trust Fund Contribution $119,091 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 16. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs)
15 The start date is the date of the first transfer of the funds from the Trust Fund.
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Background As the Secretariat for the LETF, UNODC has taken significant steps to re-activate the LETF. The initial meetings of the LETF were held in Copenhagen, Brussels and Vienna and the objective of the LETF is to support investigations on pirate leaders and financiers. The LETF brings together investigators and prosecutors with case work relating to pirate leaders and financiers.
UNODC successfully reconvened the group after a lapse of two years since the previous meeting in October 2014. With assistance from the US Department of Justice and EuroJust, a second LETF meeting was held on 19 May 2017 in The Hague and attended by senior investigators and prosecutors from seven countries and three international organizations.
Outcome 1: Coordinate activities of the LETF, including convening of meetings and provision of subject matter experts.
Output 1.1: Convene the LETF meeting to facilitate engagement between law enforcement agencies and prosecutors of different jurisdictions investigating pirate leaders and facilitate subject matter expertise requested in support of investigations and prosecutions.
● UNODC worked closely with INTERPOL to host the next LETF meeting on 3 and 4 May 2018 at the INTERPOL Headquarters in Lyon. The LETF meeting provided an opportunity for law enforcement agencies and prosecutors from each participating state to update the group on progress since the last meeting, including the status of active investigations and high value targets. Given that multiple jurisdictions are currently conducting investigations into several common targets, the LETF meeting provided a valuable forum for information sharing between law enforcement agencies on these shared targets.
● As a result of the discussions between prosecutors from Greece and Germany at the LETF meeting in May 2018, two piracy suspects linked to the pirate attack on MT Smyrni (Greek owned vessel) were convicted by the German courts in July 2018 and October 2018.
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Furthermore, a third piracy suspect was arrested in December 2018 in connection with the MT Smyrni.
● Furthermore, German Lower Saxony State Police were able to track and arrest a suspected pirate in 2018 that arrived as a refugee in Salzberg (Austria) related to the piracy attack on MV Susan K and the MV Emsriver.
● In the latter part of 2018, US investigators were successful in arresting a suspected pirate with Somali and US citizenship that was involved in the Michael Scott Morre kidnapping in 2012 when he arrived in the US.
Outcome 2: Develop a currency tracking mechanism for future ransom payments
Output 2.1: Conduct meeting of experts to develop a currency tracking mechanism for future ransom payments.
● The members of the LETF recommended the conduct of an assessment of the assets of selected pirate leaders. UNODC conducted the assessment with the support of experts to identify assets acquired through proceeds of piracy crime. In July 2018, a report on the assessment was shared among the LETF members with restricted circulation. The 48-page report listed assets of four pirate leaders in Somalia and overseas. The experts conducted several interviews in Nairobi and other locations to collate information relating to pirate assets and investments.
● Following the report on assets of pirate leaders, The LETF recommended further focus on assets of pirate leaders, especially assets and investments in Europe or Australia which have a greater likelihood for investigation and prosecution. The second assessment on the identification of pirate assets will be conducted under the Asset Freeze Project.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA b. Results achieved to date Background UNODC has re-activated the LETF, resulting in a better understanding among CGPCS members of the current status on investigations of pirate leaders and financiers and also the development of a strategy to prosecute the proceeds of piracy.
Outcome 1: Coordinate activities of the LETF including convening of meetings and provision of subject matter experts.
● As outlined above, after conducting a review on progress since the previous meeting in October 2014, UNODC has successfully reinvigorated the LETF and through this forum, coordinated activities to support successful indictments on high value pirate leaders and financiers.
Outcome 2: Develop a currency tracking mechanism for future ransom payments.
● UNODC has commissioned research focused on identifying assets and investments of pirate leaders and financiers, and these research findings have been presented to LETF members. Following this initial research, UNODC has identified the need for further research on identifying assets of pirate leaders and financiers, and progress is underway on this activity. c. Major obstacles encountered when implementing the project Investigation and inquiry to identify assets of pirate leaders and financiers was difficult due to the security situation in Somalia. d. Concerning risks identified in the application – have any materialized – have any measures been taken? Two possible risks were identified in the project proposal: lack of progress/interest from law enforcement agencies to pursue piracy leaders, and inability of law enforcement agencies to identify assets and proceeds of crime from acts of piracy.
While mitigation strategies were in place, neither of these risks materialized over the course of the project. e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project UNODC formed strong partnerships with INTERPOL and the US Department of Justice during the implementation of this project.
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PROJECT 86: Galmudug Maritime Police Unit/ Coast Guard – capacity building support to address maritime crime in Somalia
5. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 86 c. Project Title Galmudug Maritime Police Unit/ Coast Guard – capacity building support to address maritime crime in Somalia d. Project Duration 17 months e. Project Starting Date16 28 July 2017 f. End Date 30 November 2018 g. Current Status (as of 31 Dec 2018) Complete h. Location of Project Eastern Africa, Somalia, Galmudug i. Thematic/Focus Area Suppression of Piracy j. Primary Project Objective (Summary) This project seeks to provide Galmudug maritime law enforcement authorities with the necessary skills to counter maritime crime, in particular piracy, and other crimes at Hobyo port and off the adjacent coast line. k. Implementing Partner(s) (if applicable) 6. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative The original end date was 31 January 2018, but following Board approval in January 2018, the new end date was 30 November 2018. 7. Financial Information (US$): a. Overall Budget $380,920 b. Trust Fund Contribution $380,920 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative USD 380,920 was for Phase 1 of the project. An additional USD 535,000 will be sought to implement Phase 2, as per the initial project proposal. 8. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) Background Through this project, UNODC Global Maritime Crime Programme (GMCP) sought to provide substantive support to address maritime crime off the coast of Somalia. The activities sought to provide Galmudug maritime law enforcement authorities with the necessary skills to counter maritime crime, particularly piracy and other crimes at Hobyo port and off the adjacent coast line. The activities were identified by the Galmudug Coast Guard as priorities to be addressed to assist in their fight against maritime crime. Hobyo has traditionally been considered a piracy hot spot, thus the project was very relevant.
16 The start date is the date of the first transfer of the funds from the Trust Fund.
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b. Results achieved to date
Background The project goal was to train two batches of 15 officers (30 officers in total) from the Galmudug Maritime Police Unit / Coast Guard (GMPU/CG) from Hobyo with the necessary skills to counter maritime crime. Because of the current security situation in and around Hobyo, the training was delivered in Bosasso, Puntland, at the facilities of the Bosasso Port and Maritime Police Unit (BPMPU). During the reporting period, the training of the two batches of 15 Coast Guard Officers was completed. First batch : 18/03/2018 – 05/04/2018 Second batch : 05/08/2018 – 23/08/2018
Output 1: Technical training
1.1 Basic seamanship and law enforcement training
The two training courses included basic seamanship and law enforcement training, radio communications training, and marine engineering training.
1.2 Travel and accommodation
The participants were transported by bus from Hobyo to Bosasso. A local hotel was contracted for accommodating the participants.
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Outcome 2: Procurement
2.1 Law enforcement and maritime safety equipment
For the 30 participating officers, uniforms, shoes and life vests were procured and issued.
The project was unique in its kind and the first real effort to provide skills to maritime law enforcement officers in Galmudug and particularly Hobyo, which has traditionally been considered piracy hot spots. The eagerness of Galmudug maritime law enforcement officers and authorities in participating and supporting this project is a testament to the need of further support to Galmudug in their counter- piracy and counter-maritime crime efforts. The second phase of this project, which currently remains unfunded, would well meet this objective supporting the overall maritime security strategy of Somalia. c. Major obstacles encountered when implementing the project • Because of the security situation in the Hobyo region, it was not possible to organize the two training sessions in Hobyo itself. Therefore, the two training sessions were organized at the facilities of the BPMPU. • Another major obstacle was the language barrier. Not all the participants were able to read and write, especially in English. Only the deputy commander of the GMPU/CG was able to read and write English. During both training sessions, he acted as the interpreter. • Because of the language barrier the evaluation of the training was done verbally in a group (max 5 pax) and classroom setting. During the evaluation sessions, the participants were questioned about all the subjects that was provided to them during the training. These evaluations resulted in an overall picture that the students were eager to learn and a pleasure to teach. The students left Bosasso with a great eagerness to make a difference in their area and with basic maritime skills. They all hoped to be able to return for additional training soon to broaden their knowledge. • Any other minor obstacles that occurred (during the preparation phase and the training itself) were easily solved because of the close cooperation between UNODC GMCP, GMPU/CG and BPMPU. d. Concerning risks identified in the application – have any materialized – have any measures been taken? Key Risks and Mitigation Strategy The following principal risks associated with the proposed project were mentioned – • Risk 1: Inconclusive Somali political / governmental strategy for maritime security, counter piracy and fisheries protection • Risk 2: Lack of interest in establishing an effective model for maximizing the “blue economy” and countering maritime threats/crime including piracy and illegal fishing • Risk 3: Lack of professional capacity in Somalia to carry out maritime security, counter piracy and maritime resource protection
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These risks did not materialize during the implementation of the project. During the preparation and implementing phase of this project, UNODC GMCP maintained close and open communication with relevant counterparts. Authorities involved from Puntland and Galmudug were constantly informed about the progress and developments of this project. Worthwhile to mention is that this proposal is/was fully in line with the Somali Maritime Resource and Security Strategy endorsed by the Federal Government of Somalia and Federal Member States and met several of Galmudug’s identified Maritime Security Requirements. Therefore, UNODC, along with other partners, continues to support and encourage Somalia’s maritime economy, a key part of which is effective maritime law enforcement and maritime resource protection. This project ran in parallel with other programmes to improve maritime governance, law enforcement and generating fisheries revenue. e. Any health/safety/environment issues? Special measures taken? The training was delivered in accordance with UNDSS requirements. f. Partnerships and cooperation with other organizations formed while implementing the project The engagement with the GMPU/CG was very positive from the initial engagement and throughout the entire project period. The students were all very positive about the course and were very keen to learn. The Deputy Commander was in constant contact with the Project Officer in Nairobi during the course, indicating his happiness with the content and delivery of the training, as well as the support provided by UNODC GMCP. The Deputy Commander was of great assistance in liaising between the Project Officer and the participating officers of the GMPU/CG.
The assistance of the BPMPU was crucial for making this project a big success. The BPMPU assisted in the use of their boats and classroom.
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PROJECT 87: Implementation of the piracy trial support model in Somalia
1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 87 c. Project Title Support to the Piracy Prosecution Readiness Plan in Seychelles d. Project Duration 24 months e. Project Starting Date17 1 January 2018 f. End Date 31 December 2019 (no cost extension approved in December 2018). g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Seychelles i. Thematic/Focus Area Counter Piracy and Maritime Law Enforcement j. Primary Project Objective (Summary) To support the Seychelles criminal justice system to effectively and efficiently implement the piracy prosecution model. k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 3. Financial Information (US$): a. Overall Budget $241,553 b. Trust Fund Contribution $241,553 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project Yes secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) During the reporting period, UNODC conducted two Piracy Prosecution Pathway Exercises: one in April 2018 and one in November 2018. The exercises brought together representatives from the Seychelles Coast Guard, Police Force, Special Forces, Office of the Attorney General, and the Office of the Chief Justice.
During the implementation of these activities, the participants had the opportunity to review and apply in practice and in classroom scenarios, their skills and capabilities on piracy handover, investigations, and prosecution in order to continue to ensure the achievement of ‘legal finish’ (prosecution in accordance with rule of law, human rights and procedural requirements) in maritime piracy in the West Indian Ocean.
Furthermore, UNODC is planning to implement another follow up activity in March 2019 with the support of the Regional Fusion Law Enforcement Center for Safety and Security at Sea (REFLECS3) and the EUNAVFOR.
17 The start date is the date of the first transfer of the funds from the Trust Fund.
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Additionally, during this reporting period, UNODC conducted two Regional Prosecutor’s Network meetings to bring together member states of the Indian Ocean region to coordinate their response to maritime crime concerns, including piracy off the coast of Somalia, at the diplomatic, strategic and capacity-development levels. b. Results achieved to date These activities have continued to support the development and strengthening of the capacity of states to counter maritime crime, including piracy, effectively by increasing the expertise and professionalism of criminal justice practitioners, including law enforcement officials, prosecutors, judges and prison staff. c. Major obstacles encountered when implementing the project One obstacle identified is that personnel who have received training are frequently transferred to other areas/other agencies. Additionally, given that the threat picture has evolved from piracy to other forms of maritime crime, an obstacle has been communicating to stakeholders the need to maintain a focus on the Piracy Prosecution Model and maintain the capabilities developed, should there be a resurgence in piracy d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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PROJECT 88: Support to Maritime Governance in Somalia (IMO) 1. Project Information: a. Recipient UN Organization (Project Lead) International Maritime Organization (IMO) b. Project Number 88 c. Project Title Support to Maritime Governance in Somalia d. Project Duration 18 Months e. Project Starting Date18 01 July 2018 f. End Date 31 December 2019 g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Somalia I. Thematic/Focus Area Critical Services / Maritime Governance j. Primary Project Objective (Summary) This programme aims at assisting in the development of a sustainable maritime sector in Somalia following decades of civil war. The immediate objective of this national programme is to conduct a needs assessment mission to the Maritime Administration in order to identify the immediate needs, priorities and opportunities of the newly established Department of Maritime Administration. The needs assessment will be followed by a capacity building training course for the personnel of the aforementioned department. The programme will also assist the Federal Government of Somalia (FGS) and the Federal Member States in translating the Somali Maritime Code from the English text to Somali language to facilitate parliamentary consideration and passage of the Code into national laws of Somalia. k. Implementing Partner(s) (if applicable) UNSOM 2. Time: a. Did the project start on time? No b. Is the planned end date still applicable? Yes, following no-cost extension to 31 December 2019. c. Is the project currently on time? No d. Comments if a-c is negative The project is behind schedule owing to reasons beyond IMO’s control as explained below. The project is made up of three component activities; (i) translation of the revised Somali Maritime Code and policy document from English to Somali language, and (ii) needs assessment mission to the Maritime Administration to identify the immediate needs, priorities and opportunities of the newly established Department of Maritime Administration, followed by (iii) induction training to prepare the personnel of the Department of Maritime Administration in carrying out the functions of a maritime administration.
The implementation of the activities was dependent on the following preparatory
18 The start date is the date of the first transfer of the funds from the Trust Fund.
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arrangements being completed by the Ministry of Ports and Marine Transport of the FGS: i) Identification and approval of two qualified and competent experts to undertake the translation of the Somalia Maritime Code from English language to Somali language.
ii) Confirmation of the establishment of the Department of Maritime Administration which would precede the aforementioned conduct of the needs assessment and the induction training.
The delay on the part of the FGS in setting up the Department of Maritime Administration coupled with the challenges of identifying suitably qualified experts to carry out the translation of the Maritime Code, meant that the initial planned delivery period of the project, became untenable and unrealizable. Accordingly, IMO had requested for a no cost extension of the project. 3. Financial Information (US$): a. Overall Budget USD 164,814 b. Trust Fund Contribution USD 150,000 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to budget? Yes e. Is the entire financing for the project secured? Yes (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) No activities were carried out during the reporting period as explained in section 2.d above. b. Results achieved to date N/A c. Major obstacles encountered when implementing the project The project has faced delays and actual implementation is yet to commence. For detailed reasons, please refer to 2.d above. d. Concerning risks identified in the application – have any materialized – have any measures been taken? None, other than delays mentioned in 2.d above. To encourage whole of Somalia Government approach and engagement, IMO held discussions with the FGS at ministerial level in this regard and also convened a sensitization workshop for senior maritime officials and parliamentarians to discuss a roadmap, as well as commit towards the establishment of the department. The department has now been established and the activities are scheduled to begin in April 2019. e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project IMO is in partnership with UNSOM for the effective coordination and implementation of the programme.
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PROJECT 90: Law Enforcement Task Force Asset Freezing Initiative (Phase 3) 1. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 90 c. Project Title Support Investigations to Identify and Freeze Assets Acquired by Piracy Crime d. Project Duration 12 months e. Project Starting Date19 14 September 2018 f. End Date 31 August 2019 g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project CGPCS Partner States i. Thematic/Focus Area Counter Piracy and Maritime Law Enforcement j. Primary Project Objective (Summary) The project has two key objectives: 1) Create awareness and initiate investigations in jurisdictions suspected to be locations used by pirate leaders and financiers to invest proceeds of piracy crime. 2) Continue to conduct assessments on proceeds of piracy crime and states suspected to be locations used by pirate leaders and financiers to invest such assets. k. Implementing Partner(s) (if applicable) N/A 2. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 3. Financial Information (US$): a. Overall Budget $146,055 b. Trust Fund Contribution $146,055 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project N/A (no bilateral funding) secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 4. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) Background The Law Enforcement Task Force (LETF), which brings together investigators and prosecutors of piracy investigations, met for the first time in Copenhagen, then again in The Hague and in Vienna from 20-22 October 2014. The meetings provided a forum for law enforcement professionals (including investigators, prosecutors, case managers) from participant nations and organizations that have an interest in providing and receiving information and prosecuting or helping another nation prosecute high value pirate targets.
At the 19th Plenary meeting of the CGPCS in Seychelles in June 2016, UNODC was tasked with the responsibility of being the Secretariat of the LETF and reviving the activities of the LETF since its last meeting in October 2014. UNODC facilitated the revival of the LETF meetings after a lapse of over two years. The LETF meeting was held on 19 May 2017 in The Hague and 16 May 2018 in Lyon for law
19 The start date is the date of the first transfer of the funds from the Trust Fund.
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TRUST FUND TO SUPPORT THE INITIATIVES OF STATES COUNTERING PIRACY OFF THE COAST OF SOMALIA enforcement officers and prosecutors to present the current status of investigations and to share information on the movements of high value targets.
As the Secretariat of the LETF, UNODC facilitated a meeting with the Attorney General’s Office of the Federal Government of Somalia to seek assistance with an ongoing investigation of a high value piracy target. The meeting between the Police Investigator and Prosecutor from Lower Saxony and Somali Attorney General’s Office facilitated by UNODC took place on 19 February 2018 at RAPPIC in Seychelles.
Outcome 1: Create awareness and initiate investigations in jurisdictions suspected to be locations used by pirate leaders and financiers to invest proceeds of piracy crime. Based on the assessment conducted under the Trust Fund Project 85 on suspected jurisdictions used by pirate leaders and financiers to invest proceeds of piracy crime, the project will initially identify jurisdictions with a high probability of success. The project will use the connections of the LETF, where available, to initiate investigations relating to proceeds of piracy crime.
Output 1.1: Convene closed-door discussions with law enforcement agencies, financial intelligence units and consultants conducting assessments on piracy financial flows in jurisdictions suspected to have proceeds of piracy crime. This will also include facilitating engagement with other law enforcement agencies and expediting mutual legal assistance requests.
Outcome 2: Continue to conduct assessments on proceeds of piracy crime and states suspected to be locations used by pirate leaders and financiers to invest such assets. It is estimated that piracy groups collected over USD 400 million in ransom payments during the period 2007-2012, of which an estimated USD 159 million was collected in 2011. Research conducted on money trails of pirate gangs suggests that members of boarding teams were paid an average of USD 30,000 per successful hijacking, while the financiers collected over 50% of the ransom payment. While operational expenses were covered, much of the ransom money was invested outside Somalia facilitated by the Somali diaspora populations in East Africa, North America and Europe.
Output 2.1: Contract expert consultant/s to conduct assessments on proceeds of piracy crime building upon the work undertaken through Trust Fund Project 85.
Activity during this reporting period No activities were carried out under this project during the reporting period as funding was received in late 2018. Interventions specific to this project will follow from the recently completed Law Enforcement Task Force Phase II project.
Planning is underway to hold two closed door meetings of the LETF in May and October 2019. UNODC is also seeking to engage an expert consultant to further develop assessments on locations used by pirate leaders and financiers to invest proceeds of piracy crime, and once complete will share these assessments with members of the LETF and any other relevant law enforcement agencies. b. Results achieved to date N/A due to delay in receiving funds. c. Major obstacles encountered when implementing the project N/A d. Concerning risks identified in the application – have any materialized – have any measures been taken? N/A e. Any health/safety/environment issues? Special measures taken? N/A
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PROJECT 91: Implementation of the piracy trial support model in Somalia
17. Project Information: a. Recipient UN Organization (Project Lead) UNODC b. Project Number 91 c. Project Title Support to Somali Trial Prosecutors d. Project Duration 18 months e. Project Starting Date20 1 September 2018 f. End Date 29 February 2020 g. Current Status (as of 31 Dec 2018) Ongoing h. Location of Project Seychelles/Somalia i. Thematic/Focus Area Prosecution/Legal Finish j. Primary Project Objective (Summary) Develop and train a maritime prosecutorial capability within the justice sector together with trained judges, lawyers and infrastructure to deal with maritime cases. a. Custodial facilities and corps b. Court rooms. k. Implementing Partner(s) (if applicable) N/A 18. Time: a. Did the project start on time? Yes b. Is the planned end date still applicable? Yes c. Is the project currently on time? Yes d. Comments if a-c is negative N/A 19. Financial Information (US$): a. Overall Budget $159,965 (initial allotment of USD 65,000 has been provided from the Trust Fund. The rest of the balance will follow when the funds become available). b. Trust Fund Contribution $159,965 c. Is the overall cost still applicable? Yes d. Is expenditure currently according to Yes budget? e. Is the entire financing for the project Yes secured? (for projects that receive bilateral funding in addition to the TF) f. Comments if c-e is negative N/A 20. Assessment of implementation and monitoring of project activities: a. Activities carried out in the reporting period (outcomes and outputs) During the reporting period, UNODC provided support to the Office of the Attorney General of the Federal Government of Somalia (FGS) by providing legal advocacy and conducting a Piracy Mock Trial for Somali Senior Prosecutors in Port Victoria, Seychelles. The advocacy training as well as the Mock trial took place in September 2018 in Seychelles in parallel with the last piracy trial in Seychelles.
UNODC hosted a delegation of Somali Senior Prosecutors and conducted training activities focused on areas such as witness handling, questioning strategies, legal advocacy and planning case theory. The training week finished with a full day mock trial exercise which was conducted in the Supreme Court of the Republic of Seychelles.
20 The start date is the date of the first transfer of the funds from the Trust Fund.
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Furthermore, the Senior Prosecutors from Somalia had the opportunity to attend the piracy trial, which enhanced their experience with the legal and procedural approach used by prosecutors, defence, and judges in Seychelles.
The exercises provided the participants with an overall classroom and practical understanding of new strategies and legal elements to prosecute maritime crime and enhanced their strategies to achieve a ‘legal finish’ (prosecution in accordance with rule of law, human rights and procedural requirements). b. Results achieved to date Implementation of a piracy mock trial with participation of three senior Somali prosecutors alongside a practical legal advocacy training.
Invitation to the three senior Somali prosecutors to observe a piracy trial in Seychelles, which deepened their understanding on international legal frameworks to prosecute piracy and other types of maritime crime. c. Major obstacles encountered when implementing the project N/A d. Concerning risks identified in the application – have any materialized – have any measures been taken? One of the risks identified was the lack of political commitment and will from the FGS to participate in these activities. UNODC engaged senior officials from the FGS to ensure participation and collaboration, which allowed the normal participation of adequate nominees from the Attorney General’s Office. e. Any health/safety/environment issues? Special measures taken? N/A f. Partnerships and cooperation with other organizations formed while implementing the project N/A
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TRUST FUND: 2018 FINANCIAL OVERVIEW D.1 Consolidated Annual Financial Report of the Administrative Agent21
INTRODUCTION This Consolidated Annual Financial Report of the Counter Piracy Trust Fund is prepared by the United Nations Development Programme (UNDP) Multi-Partner Trust Fund Office (MPTF Office) in fulfillment of its obligations as Administrative Agent, as per the terms of Reference (TOR), the Memorandum of Understanding (MOU) signed between the UNDP MPTF Office and the Participating Organizations, and the Standard Administrative Arrangement (SAA) signed with contributors. The MPTF Office, as Administrative Agent, is responsible for concluding an MOU with Participating Organizations and SAAs with contributors. It receives, administers and manages contributions, and disburses these funds to the Participating Organizations. The Administrative Agent prepares and submits annual consolidated financial reports, as well as regular financial statements, for transmission to contributors. This consolidated financial report covers the period 1 January to 31 December 2018 and provides financial data on progress made in the implementation of projects of the Counter Piracy Trust Fund. It is posted on the MPTF Office GATEWAY (http://mptf.undp.org/factsheet/fund/APF00). The financial data in the report is recorded in US Dollars and due to rounding off of numbers, the totals may not add up.
2018 FINANCIAL PERFORMANCE This chapter presents financial data and analysis of the Counter Piracy Trust Fund using the pass-through funding modality as of 31 December 2018. Financial information for this Fund is also available on the MPTF Office GATEWAY, at the following address: http://mptf.undp.org/factsheet/fund/APF00.
1. SOURCES AND USES OF FUNDS As of 31 December 2018, 18 contributors deposited US$ 14,834,461 in contributions and US$ 58,154 was earned in interest.
The cumulative source of funds was US$ 14,892,615. Of this amount, US$ 14,536,659 has been net funded to 6 Participating Organizations, of which US$ 13,166,509 has been reported as expenditure. The Administrative Agent fee has been charged at the approved rate of 1% on deposits and amounts to US$ 148,345. Table 1 provides an overview of the overall sources, uses, and balance of the Counter Piracy Trust Fund as of 31 December 2018.
Table 1.1 Financial Overview, as of 31 December 2018 (in US Dollars) Annual 2017 Annual 2018 Cumulative Sources of Funds Contributions from donors 484,424 443,561 14,834,461 Fund Earned Interest and Investment Income 4,008 2,854 32,517 Interest Income received from Participating Organizations 927 192 25,638 Refunds by Administrative Agent to Contributors - - - Fund balance transferred to another MDTF - - - Other Income - - - Total: Sources of Funds 489,359 446,607 14,892,615 Use of Funds Transfers to Participating Organizations 536,778 702,608 15,334,585 Refunds received from Participating Organizations (1,969) (151) (797,925) Net Funded Amount 534,809 702,457 14,536,659 Administrative Agent Fees 4,844 4,436 148,345
21 On 21 December 2012, the UNDP Multi-Partner Trust Fund Office took over as the new Trust Fund administrator and its financial report includes developments since that date.
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Direct Costs: (Steering Committee, Secretariat...etc.) - - - Bank Charges 58 49 515 Other Expenditures - - - Total: Uses of Funds 539,711 706,941 14,685,519 Change in Fund cash balance with Administrative Agent (50,352) (260,334) 207,096 Opening Fund balance (1 January) 517,782 467,430 - Closing Fund balance (31 December) 467,430 207,096 207,096 Net Funded Amount (Includes Direct Cost) 534,809 702,457 14,536,659 Participating Organizations' Expenditure (Includes Direct Cost) 2,048,618 1,110,245 13,166,509 Balance of Funds with Participating Organizations 1,370,151
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2. PARTNER CONTRIBUTIONS Table 2 provides information on cumulative contributions received from all contributors to this Fund as of 31 December 2018. The Counter Piracy Trust Fund is currently being financed by 18 contributors, as listed in the table below.
The table below includes commitments made up to 31 December 2018 through signed Standard Administrative Agreements, and deposits made through 2018. It does not include commitments that were made to the fund beyond 2018.
Table 2.1 Contributors' Commitments and Deposits, as of 31 December 2018 (in US Dollars) Prior Years Current Year Total as of 31-Dec-2017 Jan-Dec-2018 Total Contributors Commitments Deposits Deposits Deposits BELGIUM, Government of 63,625 63,625 - 63,625 DP World 99,964 99,964 - 99,964 FRANCE, Government of 584,860 584,860 - 584,860 GERMANY, Government of 2,000,000 2,000,000 - 2,000,000 ITALY, Government of 1,178,410 1,178,410 - 1,178,410 JAPAN, Government of 1,626,800 1,626,800 - 1,626,800 KUWAIT, Government of 445,376 445,376 - 445,376 NETHERLANDS, Government of 1,341,500 1,341,500 - 1,341,500 NORWAY, Government of 1,450,102 1,206,541 243,561 1,450,102 PHILIPPINES, Government of 11,134 11,134 - 11,134 QATAR, Government of 344,538 344,538 - 344,538 REPUBLIC of KOREA, Government of 1,444,538 1,244,538 200,000 1,444,538 SAUDI ARABIA, Government of 300,000 300,000 - 300,000 SPAIN, Government of 228,174 228,174 - 228,174 TURKEY, Government of 122,269 122,269 - 122,269 UNITED ARAB EMIRATES, Government of 890,752 890,752 - 890,752 UNITED KINGDOM, Government of 2,204,373 2,204,373 - 2,204,373 UNITED STATES of AMERICA, Government of 498,046 498,046 - 498,046 Grand Total 14,834,461 14,390,900 443,561 14,834,461
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Figure 2A: Deposits by contributor, cumulative as of 31 December 2018
Belgium, 0.4% DP World, 0.7% US, 3.4% France, 3.9% UK, 14.9% Germany, 13.5%
UAE, 6.0% Italy. 7.9% Turkey, 0.8% Spain, 1.5%
Saudi Arabia, 2.0% Japan, 11.0%
Republic of Korea, 9.7% Qatar, 2.3% Kuwait, 3.0%
Philippines, 0.1% Norway, 9.8% Netherlands, 9.0%
3. INTEREST EARNED Interest income is earned in two ways: 1) on the balance of funds held by the Administrative Agent (Fund earned interest), and 2) on the balance of funds held by the Participating Organizations (Agency earned interest) where their Financial Regulations and Rules allow return of interest to the AA.
As of 31 December 2018, Fund earned interest amounts to US$ 32,517. Interest received from Participating Organizations amounts to US$ 25,638, bringing the cumulative interest received to US$ 58,154. Details are provided in the table below.
Table 3.1 Sources of Interest and Investment Income, as of 31 December 2018 (in US Dollars) Prior Years Current Year Interest Earned as of 31-Dec-2017 Jan-Dec-2018 Total Administrative Agent Fund Earned Interest and Investment Income 29,662 2,854 32,517 Total: Fund Earned Interest 29,662 2,854 32,517 Participating Organization FAO 1,152 1,152 UNDPA 192 192 UNODC 24,294 24,294 Total: Agency earned interest 25,446 192 25,638 Grand Total 55,108 3,046 58,154
4. TRANSFER OF FUNDS Allocations to Participating Organizations are approved by the Steering Committee and disbursed by the Administrative Agent. As of 31 December 2018, the AA has transferred US$ 15,334,585 to 6 Participating Organizations (see list below).
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4.1 TRANSFER BY PARTICIPATING ORGANIZATION Table 4 provides additional information on the refunds received by the MPTF Office, and the net funded amount for each of the Participating Organizations.
Table 4.1 Transfer, Refund, and Net Funded Amount by Participating Organization, as of 31 December 2018 (in US Dollars) Prior Years as of 31-Dec-2017 Current Year Jan-Dec-2018 Total Participating Organization Transfers Refunds Net Funded Transfers Refunds Net Funded Transfers Refunds Net Funded FAO 1,550,578 (5,810) 1,544,768 1,550,578 (5,810) 1,544,768 IMO 912,654 (36,767) 875,887 150,000 150,000 1,062,654 (36,767) 1,025,887 UNDP 2,165,880 2,165,880 2,165,880 2,165,880 UNDPA 64,200 64,200 (151) (151) 64,200 (151) 64,049 UNODC 9,555,489 (755,197) 8,800,292 552,608 552,608 10,108,097 (755,197) 9,352,900 UNOLA 383,176 383,176 383,176 383,176 Grand Total 14,631,977 (797,774) 13,834,202 702,608 (151) 702,457 15,334,585 (797,925) 14,536,659
5. EXPENDITURE AND FINANCIAL DELIVERY RATES All final expenditures reported for the year 2018 were submitted by the Headquarters of the Participating Organizations. These were consolidated by the MPTF Office. Project expenditures are incurred and monitored by each Participating Organization, and are reported as per the agreed upon categories for inter-agency harmonized reporting. The reported expenditures were submitted via the MPTF Office's online expenditure reporting tool. The 2018 expenditure data has been posted on the MPTF Office GATEWAY at http://mptf.undp.org/factsheet/fund/APF00.
5.1 EXPENDITURE REPORTED BY PARTICIPATING ORGANIZATION In 2018, US$ 702,457 was net funded to Participating Organizations, and US$ 1,110,245 was reported in expenditure. As shown in table below, the cumulative net funded amount is US$ 14,536,659 and cumulative expenditures reported by the Participating Organizations amount to US$ 13,166,509. This equates to an overall Fund expenditure delivery rate of 91 percent. The agencies with the three highest delivery rates are: UNDPA (100%), UNDP (99%) and IMO (97%).
Table 5.1 Net Funded Amount, Reported Expenditure, and Financial Delivery by Participating Organization, as of 31 December 2018 (in US Dollars) Expenditure Participating Approved Net Funded Prior Years Current Year Delivery Rate Organization Amount Amount as of 31-Dec-2017 Jan-Dec-2018 Cumulative % FAO 1,550,578 1,544,768 1,306,057 109,667 1,415,724 91.65 IMO 1,062,654 1,025,887 886,010 108,448 994,459 96.94 UNDP 2,165,880 2,165,880 2,164,152 (17,861) 2,146,290 99.10 UNDPA 64,200 64,049 64,048 1 64,049 100.00 UNODC 9,870,429 9,352,900 7,429,858 909,989 8,339,847 89.17 UNOLA 383,176 383,176 206,139 206,139 53.80 Grand Total 15,096,917 14,536,659 12,056,264 1,110,245 13,166,509 90.57
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5.3 EXPENDITURE BY PROJECT Table 5 displays the net funded amounts, expenditures reported and the financial delivery rates by Participating Organization. Table 5.3 Expenditure by Project within Sector, as of 31 December 2018 (in US Dollars) Total Net Delivery Participating Project Approved Funded Total Rate Sector / Project No.and Project Title Organization Status Amount Amount Expenditure % Other Priority Areas Piracy-B-049 Prisoner 00085779 UNODC On Going 353,100 353,100 248,407 70.35 Transfer Piracy-B-072 Training to 00092609 UNODC On Going 150,000 150,000 148,992 99.33 youth Piracy-B-079 Support to 00100365 UNODC On Going 499,690 499,690 498,371 99.74 addres Piracy-B-080 Puntland 00101346 FAO On Going 400,578 400,578 271,534 67.79 Fisherme Piracy-B-054 Vocational Operationally 00087196 UNODC 593,850 593,850 565,250 95.18 Traini Closed Piracy-B-057 Support to Operationally 00088497 UNODC 940,200 940,200 890,029 94.66 Mariti Closed Piracy-B-058 Hostage Operationally 00088498 UNODC 240,750 240,750 238,315 98.99 Support P Closed Piracy-B-061 Capacity Operationally 00091746 UNOLA 383,176 383,176 206,139 53.80 Building Closed Piracy-B-076 Support to Operationally 00096595 IMO 228,530 228,530 228,530 100.00 Mariti Closed Piracy-B-082 Support to Operationally 00101207 UNODC 42,800 42,800 42,256 98.73 Kenyan Closed Piracy-B-050 Support 00086858 IMO Financially Closed 150,000 150,000 150,000 100.00 Maritime Piracy-B-050 Support 00086858 UNODC Financially Closed 150,000 150,000 150,000 100.00 Maritime Piracy-B-052 Support 00086859 UNODC Financially Closed 200,000 200,000 200,000 100.00 Repatriat 00087197 Piracy-B-055 FIDS FAO Financially Closed 400,000 396,159 396,159 100.00 Piracy-B-071 Hostage 00090865 UNODC Financially Closed 130,000 130,000 130,000 100.00 support p Piracy-B-070 Fisherman and 00092608 FAO Financially Closed 250,000 250,000 250,000 100.00 Reg Piracy-B-069 Fisherman and 00092611 FAO Financially Closed 500,000 498,031 498,031 100.00 Fle 00099949 Piracy-B-078 UNDPA Financially Closed 64,200 64,049 64,049 100.00 Other Priority Areas: Total 5,676,874 5,670,913 5,176,063 91.27
Prosecution and Detention 00085778 Piracy-A-Expedited Facility UNODC On Going 600,000 600,000 436,320 72.72 Piracy-A-074 Detention and 00096596 UNODC On Going 379,957 379,957 302,476 79.61 Tra Piracy-A-081 Support to 00101206 UNODC On Going 176,560 176,560 172,652 97.79 Seyche 00106396 Piracy-A-085 Support CGPCS UNODC On Going 119,091 119,091 105,672 88.73 Piracy-A-086 Support to 00106397 UNODC On Going 380,920 380,920 379,502 99.63 addres
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00108903 Piracy-A-087 UNODC On Going 241,553 241,553 103,175 42.71 Project #88- IMO- Support to 00111065 IMO On Going 150,000 150,000 0 M Project 90, Law Enforcement 00112253 UNODC On Going 146,055 146,055 0 Ta 00112254 Project 91, Support to Somali UNODC On Going 65,000 65,000 4,545 6.99 Piracy-A-047 Trials Operationally 00085781 UNDP 710,680 710,680 710,244 99.94 Programme Closed Piracy-A-047 Trials Operationally 00085781 UNODC 572,250 165,850 165,850 100.00 Programme Closed Piracy-A-044 Capacity Operationally 00085782 UNDP 1,455,200 1,455,200 1,436,047 98.68 Developm Closed Piracy-A-059 INTERPOL Operationally 00088500 IMO 237,668 200,901 293,374 146.03 Hostage Closed Piracy-A-063 Prisoner Operationally 00090814 UNODC 297,800 297,800 290,902 97.68 Transfer Closed Piracy-A-064 Prisoner Operationally 00090815 UNODC 679,800 679,800 513,895 75.60 Transfer Closed Piracy-A-065 Prisoner Operationally 00090816 UNODC 595,500 595,500 593,640 99.69 Transfer Closed Piracy-A-067 Awareness & Operationally 00090817 UNODC 600,000 600,000 600,000 100.00 law Closed Piracy-A-068 Transnational Operationally 00090864 UNODC 134,900 134,900 118,185 87.61 mar Closed Piracy-A-077 INTERPOL Operationally 00097462 IMO 296,456 296,456 322,555 108.80 Hostage Closed Piracy-A-083 Support to Operationally 00101208 UNODC 145,520 145,520 136,855 94.05 Shimo Closed Piracy-A-084 Law Operationally 00101209 UNODC 149,425 149,425 129,978 86.99 Enforcement T Closed Piracy-A-053-Improving 00086860 UNODC Financially Closed 251,450 251,450 251,450 100.00 conditi 00087198 Piracy-A-056 Counter illicit f UNODC Financially Closed 554,358 443,229 443,229 100.00 Piracy-A-060 Support to 00088499 UNODC Financially Closed 288,900 288,900 288,900 100.00 Counte Piracy-A-062 Support to 00090813 UNODC Financially Closed 191,000 191,000 191,000 100.00 Garowe Prosecution and Detention: Total 9,420,043 8,865,747 7,990,446 90.13
Grand Total 15,096,917 14,536,659 13,166,509 90.57
5.4 EXPENDITURE REPORTED BY CATEGORY Project expenditures are incurred and monitored by each Participating Organization and are reported as per the agreed categories for inter-agency harmonized reporting. In 2006 the UN Development Group (UNDG) established six categories against which UN entities must report inter-agency project expenditures. Effective 1 January 2012, the UN Chief Executive Board (CEB) modified these categories as a result of IPSAS adoption to comprise eight categories. All expenditure incurred prior to 1 January 2012 have been reported in the old categories; post 1 January 2012 all expenditure are reported in the new eight categories. See table below. 2012 CEB Expense Categories 1. Staff and personnel costs 2. Supplies, commodities and materials 3. Equipment, vehicles, furniture and depreciation
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4. Contractual services 5. Travel 6. Transfers and grants 7. General operating expenses 8. Indirect costs
Table 5.4 Expenditure by UNDG Budget Category, as of 31 December 2018 (in US Dollars) Expenditure
Prior Years Current Year Percentage of Total Category as of 31-Dec-2017 Jan-Dec-2018 Total Programme Cost Staff & Personnel Cost (New) 2,788,077 624,339 3,412,416 27.64 Suppl, Comm, Materials (New) 983,873 38,319 1,022,192 8.28 Equip, Veh, Furn, Depn (New) 1,455,540 (134,106) 1,321,434 10.70 Contractual Services (New) 2,765,350 (24,670) 2,740,680 22.20 Travel (New) 1,375,502 136,624 1,512,126 12.25 Transfers and Grants (New) 792,853 287,915 1,080,768 8.75 General Operating (New) 1,141,515 116,497 1,258,012 10.19 Programme Costs Total 11,302,710 1,044,919 12,347,629 100.00 1 Indirect Support Costs Total 753,554 65,326 818,880 6.63 Total 12,056,264 1,110,245 13,166,509 ______1 Indirect Support Costs charged by Participating Organization, based on their financial regulations, can be deducted upfront or at a later stage during implementation. The percentage may therefore appear to exceed the 7% agreed-upon for on-going projects. Once projects are financially closed, this number is not to exceed 7%.
6. COST RECOVERY Cost recovery policies for the Fund are guided by the applicable provisions of the Terms of Reference, the MOU concluded between the Administrative Agent and Participating Organizations, and the SAAs concluded between the Administrative Agent and Contributors, based on rates approved by UNDG. The policies in place, as of 31 December 2018, were as follows:
• The Administrative Agent (AA) fee: 1% is charged at the time of contributor deposit and covers services provided on that contribution for the entire duration of the Fund. In the reporting period US$ 4,436 was deducted in AA-fees. Cumulatively, as of 31 December 2018, US$ 148,345 has been charged in AA-fees.
Indirect Costs of Participating Organizations: Participating Organizations may charge 7% indirect costs. In the current reporting period US$ 65,326 was deducted in indirect costs by Participating Organizations. Cumulatively, indirect costs amount to US$ 818,880 as of 31 December 2018.
7. ACCOUNTABILITY AND TRANSPARENCY In order to effectively provide fund administration services and facilitate monitoring and reporting to the UN system and its partners, the MPTF Office has developed a public website, the MPTF Office Gateway (http://mptf.undp.org). Refreshed in real time every two hours from an internal enterprise resource planning system, the MPTF Office Gateway has become a standard setter for providing transparent and accountable trust fund administration services. The Gateway provides financial information including: contributor commitments and deposits, approved programme budgets, transfers to and expenditures reported by Participating Organizations, interest income and other expenses. In addition, the Gateway provides an overview of the MPTF Office portfolio and extensive information on individual Funds, including their purpose, governance structure and key documents. By providing easy access to the growing number of narrative and financial reports, as well as related project documents, the Gateway collects and preserves important institutional knowledge and facilitates knowledge sharing and management among UN Organizations and their development partners, thereby contributing to UN coherence and development effectiveness.
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