European Master’s Degree in E.MAHuman Rights and Democratisation FOREWORD The European Master’s Programme in Human Rights and Democra­ tisation (E.MA) is the first Master’s course in human rights and dem­ ocratisation launched and financed by the European Commission that later served as model for establishing other Regional Master’s around the world. Since January 2013 these are all connected and managed by the European Inter­University Centre for Human Rights and Democra tisation (EIUC) under the Global Campus of Regional Master’s Programme (GC). E.MA is a one­year master’s course aimed at preparing professionals to respond to the requirements of daily work in international organisations, field operations, governmental and non­governmental bodies, and academia. The programme offers an action and policy­oriented approach to learning about human rights, democratisation and international relations from legal, political, historical, anthropological, and philosophical perspectives. This interdisciplinary nature and wide­ranging scope of E.MA reflect the benefits of true European inter­uni versity cooperation in human rights education. It is an inter­disciplinary programme that reflects the indivisible links between human rights, democracy, peace and development. During the first semester in Venice, students have the opportunity to meet in a multi­cultural environment and be taught by leading academics, experts and representatives of international and non­governmental organisations. During the second semester students relocate to one of the participating universities in the various EU member states to follow additional courses in an area of specialisation of their own choice and to write their thesis under the supervision of the E.MA Director or other academic staff. After successfully passing exams and completing a Master’s thesis, students are awarded the European Master’s Degree in Human Rights and Democratisation jointly conferred by a group of EIUC/E.MA universities. Each year the E.MA Council of Directors selects five theses which stand out not only for their formal academic qualities but also for the originality of topic, innovative character of methodology and approach, and potential usefulness in raising awareness about neglected situations or issues and capacity for contributing to the promotion of the values underlying human rights and democracy. The E.MA Awarded Theses of the academic year 2012/2013 are: • AHMED, Fatma, Unravelling the Puzzle of Piracy. A Somali Per­ spective, Supervisor: Prof. Hans­Georg Ehrhart, University of Hamburg (Germany). • BERNaerts, Jonathan, The Cologne Judgment: A Curiosity or the Start Sign for Condemning Circumcision of Male Children Without Their Consent as a Human Rights Violation?, Supervisors: Prof. Hannes Tretter, Prof. Manfred Nowak, University of Vienna (Austria). • DE MAN, Annelie, Are We Protecting Future Generations’ Right to Food? A Study of Intergenerational Obligations, Supervisor: Prof. Jean Allain, Queen’s University of Belfast (United Kingdom). • HESSLING, Leonard, Water and the Arab Uprisings – The Human Right to Water and Sanitation in Post­Transition Egypt, Supervisor: Vincent Durac, University College Dublin (Ireland). • ODOYO, Roselyn Awuor, From Russia with Love: An Impact Assessment of Resolution A/HRC/21/L2 on Sexual Minorities in Africa, Supervisor: Prof. Maria Teresa Beleza, New University Lisbon (Portugal). This volume includes the thesis Unravelling the Puzzle of Piracy. A Somali Perspective by Ahmed, Fatma, and supervised by Prof. Hans­ Georg Ehrhart, University of Hamburg (Germany). BIOGRAPHY Fatma Ahmed joined EIUC in 2012. Prior to this she worked with a number of NGOs in London and also worked in the field in Tanzania with grassroots organisations where she gained specific human rights, development and gender­related experience. Fatma recently completed a fellowship at the Delegation of the European Union to the United Nations (New York), where she acquired valuable insight experiences into the complex procedures of EU internal communication, coordi­ nation and decision­making, and the methods of work of the United Nations. ABSTRACT The UN Security Council has issued ten resolutions dealing specifically with piracy off the coast of Somalia. There has since been a growing concern among international, regional and maritime actors about the potential threats posed by the phenomenon of piracy as long as Somali waters remain in a state of lawlessness. Academics and international maritime actors have analysed the several dimensions of the threat to the global economy and global security that piracy off the Horn of Africa constitutes. However, there is a considerable gap in analysing the implications of piracy within Somalia and the broader local consequences. The present thesis addresses this gap and offers a Somali perspective on the dynamic challenges of piracy. Such analysis will inform the debate on prospects for long­term eradication of Somali piracy and propose pragmatic local solutions to confront the piracy problem within Somalia. The main body of this thesis is divided into three parts: Part I analyses the political and social context of piracy to understand why it has flourished practically unfettered; Part II investigates its core characteristics to identify internal stakeholders; Part III proposes to re­ think the counter­piracy approach to allow Somali people themselves to be at the forefront of tackling and eradicating piracy. Like past editions, the selected theses amply demonstrate the richness and diversity of the E.MA programme and the outstanding quality of the work performed by its students. On behalf of the Governing Bodies of EIUC and E.MA and of all participating universities, we congratulate the author. PROF. FLORENCE BENOÎt-rOHMER EIUC Secretary General PROF. RIA WOLLESWINKEL E.MA Chairperson FATMA AHMED UNraveLLING THE PUZZLE OF PIRACY. A SOMALI PERSPECTIVE FATMA AHMED I would like to thank Angela, Monika, John, all lecturers, E.Ma staff and co­ students for an enlightening and highly rewarding experience. I am particular grateful to Dr Hans­Georg Ehrhart whose guidance kept me on track, and whose insights improved the overall quality of my work. I wish to thank Kerstin Petretto for her valuable input and recommending sources necessary for the completion of this thesis. I am thankful for the staff at the Institute of Peace Research and Security Policy at the University of Hamburg for providing an enriching environment for the completion of my second semester. Finally I would like to thank my family and friends for their support and encouragement throughout the completion of this Master. 2 UNRAVELLING THE PUZZLE OF PIRACY. A SOMALI PERSPECTIVE AMISOM African Union Mission in Somalia BMP Best Management Practice CGPCS Contact Group on Piracy off the Coast of Somalia CMF Combined Maritime Force CTF Combined Task Force EEZ Exclusive Economic Zone EU European Union EUCAP NESTOR EU Maritime Capacity Building Mission in Horn of Africa EUNAVFOR European Union Naval Force Somalia EUROPOL European Law Enforcement Organisation HHPN Hobyo­Harradherre Piracy Network ICC­IMB International Chamber Commerce – International Maritime Bureau ICU Islamic Courts Union IMO International Maritime Organisation INTERPOL International Criminal Police Organisation IRTC Internationally Recommended Transit Corridor IUUF Illegal Unregulated Unreported Fishing MARSIC Maritime Security and Safety MASE Maritime Security Programme MoU Memorandum of Understanding MSC­HOA Maritime Security Centre – Horn of Africa NATO North Atlantic Treaty Organisation PMPF Puntland Marine Police Force PPN Puntland Piracy Network ROLS UNDP Rule of Law and Security programme SEMG Somalia and Eritrea Monitoring Group SHADE Shared Awareness and De­confliction TFG Transitional Federal Government UAE United Arab Emirates UN United Nations UNCLOS United Nation Convention on the Law of Sea UNDP United Nations Development Programme 3 FATMA AHMED UNODC United Nations Office on Drugs and Crime US Unites States WFP World Food Programme 4 UNRAVELLING THE PUZZLE OF PIRACY. A SOMALI PERSPECTIVE tabLE OF CONTENTS 8 Introduction 8 1. Starting Point: Problem Diagnosis 10 2. Political and Scholarly Relevance 11 3. Guiding Question, Research Goals and Hypothesis 13 4. Methods of Inquiry and Structure of Work 14 5. Theories 17 Part I. The Political and Social Context of Somali Piracy 17 Introduction 18 1. Origins of Somali Piracy 20 1.1. Industrialisation 25 2. Responses to Piracy within Somalia 26 2.1. The Mogadishu Roadmap 28 2.2. Counter­Piracy Efforts 30 2.3. Challenges 31 2.4. Conclusion 32 Part II. Understanding Somali Piracy 32 Introduction 33 3. Characteristics of Somali Piracy 33 3.1. Pirate Kingpins 35 3.2. Pirate Networks and Structures 36 3.3. Modus Operandi 38 3.4. Ransom Negotiations 41 3.5. Internal Stakeholders 43 3.6. Risks versus Rewards 45 4. Political Economy and Consequences of Piracy 46 4.1. Political Economy 48 4.2. Consequences 5 FATMA AHMED 49 4.3. Conclusion 51 Part III. Rethinking the Counter­Piracy Framework 51 Introduction 53 5. Perceptions of Piracy 54 5.1. International Approach to Piracy 55 5.1.1. Short­term Measures 58 5.1.2. Challenges 59 5.1.3. Medium and Long­term Measures 61 5.2. Somali Approach to Piracy 62 5.3. Lessons Learned 65 6. Re­thinking the Counter­Piracy Approach 66 6.1. Good Governance 66 6.2. Rule of Law 68 6.3. Maritime Law Enforcement and Security 68 6.4. Economic Growth 69 6.5. Conclusion 71 Data Analysis 74 Conclusion 77 Recommendation 78 Bibliography