Space Applications as a Supporting Tool for Countering Piracy – Outline for a European Approach Report 29 October 2010 Nina-Louisa Remuss Short title: ESPI Report 29 ISSN: 2076-6688 Published in October 2010 Price: €11 Editor and publisher: European Space Policy Institute, ESPI Schwarzenbergplatz 6 • 1030 Vienna • Austria http://www.espi.or.at Tel. +43 1 7181118-0; Fax -99 Rights reserved – No part of this report may be reproduced or transmitted in any form or for any purpose with- out permission from ESPI. Citations and extracts to be published by other means are subject to mentioning “Source: ESPI Report 29; October 2010. All rights reserved” and sample transmission to ESPI before publish- ing. ESPI is not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, product liability or otherwise) whether they may be direct or indirect, special, inciden- tal or consequential, resulting from the information contained in this publication. Design: Panthera.cc ESPI Report 29 2 October 2010 Space Applications as a Supporting Tool for Countering Piracy – Outline for a European Approach Table of Contents Executive Summary 5 1. The Issue of Piracy 13 1.1 The Importance of Maritime Trade 13 1.2 The Problem of Piracy in Somalia and off its Coast 16 1.3 Causative Factors 17 1.3.1 Seven Causative Factors 17 1.3.2 Space Applications and the Causative Factors of Piracy 19 1.4 Determinants for Effective Counter-Piracy Policy 19 1.4.1 Four Determinants 19 1.4.2 Space Applications and Determinants for Effective Counter-Piracy Policy 20 1.5 The Three Phases of Counter-Piracy Initiatives 21 1.5.1 Phase 1: Prevention, Prediction and Detection 21 1.5.2 Phase 2: Alert, Warning and Rescue 21 1.5.3 Phase 3: Lessons Learned 21 1.6 Maritime Security 21 1.7 Approach of the Study 22 2. The International Context for Countering Piracy 24 3. The Role of the EU in Countering Piracy 27 3.1 Policies 27 3.2 Institutions involved 29 3.3 Member States’ Initiatives 30 4. Space Applications as a Supporting Tool for Countering Piracy 31 4.1 Advantages of Space Applications in Counter-Piracy 32 4.2 Technical Capabilities 32 4.2.1 Space Applications and Maritime Surveillance (Causative Factor 4) 32 4.2.2 Space Applications and the Monitoring of Ports (Causative Factor 5) 43 4.2.3 Space Applications and the Global Proliferation of SALW (Causative Factor 7) 45 4.2.4 Comparative Matrix Showcasing Technical Capabilities and Limitations for each Causative Factor in the three different phases 47 4.3 National Initiatives 50 4.3.1 National Capabilities improving Maritime Surveillance (Causative Factor 4) 50 4.3.2 National Capabilities improving Coastal and Port-Side Security (Causative Factor 5) 51 4.3.3 National Capabilities Countering the Proliferation of SALW (Causative Factor 7) 51 4.3.4 Summarising National Initiatives tackling the three Causative Factors under Discussion 52 4.4 European Initiatives 52 4.4.1 European Projects Improving Maritime Surveillance (Causative Factor 4) 55 4.4.2 European Projects Improving Coastal and Port-Side Security (Causative Factor 5) 60 4.4.3 European Projects Countering the Proliferation of SALW (Causative Factor 7) 61 4.5 The EU ATALANTA NAVFOR Mission 63 4.5.1 Mandate, Objectives and Member States’ Contributions 63 4.5.2 Space Applications and EU ATALANTA NAVFOR 64 ESPI Report 29 3 October 2010 5. Findings and Recommendations 67 5.1 Regional Capacity-Building 67 5.1.1 Establishing a Regional Coast Guard Service 67 5.1.2 Stabilising Efforts in Somalia and Building up the Judiciary and Strengthening the Rule of Law 68 5.1.3 Building-Up Long-Term Regional Partnership 68 5.1.4 Expanding Bilateral Cooperation 69 5.2 Coordination Issues 69 5.2.1 Governance in Security Research 69 5.2.2 Reinforcing Coordination at Member State Level 72 5.2.3 Improving the interoperability of Surveillance Systems 73 5.2.4 Improving Cooperation with Other International Actors 79 5.3 Improving Technical Capabilities 80 5.3.1 The Private-Sector 81 5.3.2 NGOs, Think Tanks and Academia 83 5.4 Summary Table of Findings and Recommendations 84 6. Space as an Element of a European Maritime Security Strategy 85 6.1 The Role of Space in a Maritime Security Strategy 86 6.2 Formulating a Strategy for the Development of a European Maritime Security Strategy 88 6.2.1 Raising Visibility 88 6.2.2 Issues of Governance, Coordination and Organisation 89 6.2.3 What Role for the Maritime Authorities of EU Member States? 90 6.2.4 Roles for Existing European Institutional Actors 91 6.2.5 International Partners 91 Annex 96 A.1 Definitional Aspects 96 A.2 The Maritime Terrorism – Piracy Nexus 97 A.3 Keynote speech by Judge Helmut Türk: Space and Maritime Security – Strategies and Capabilities to Counter Piracy 98 A.4 Options for Prosecuting Pirates 101 A.5 Policies 102 A.5.1 Policies Improving Maritime Surveillance (Causative Factor 4) 103 A.5.2 Policies Improving Coastal and Port-Side Security (Causative Factor 5) 106 A.5.3 Policies Countering Corruption and Improving the Degree of Statehood of Adjacent States (Causative Factor 6 and Determinant 1) 108 A.5.4 Policies Countering Illegal Trade (Proliferation of SALW) (Causative Factor 7) 109 A.6 Institutions involved 110 A.6.1 The European Commission (EC) 111 A.6.2 The Council 113 A.6.3 European Parliament (EP) 115 A.6.4 EU Agencies 115 A.6.5 Other European Agencies and Institutions: The European Space Agency 120 A.7 Detailed Precautions for Ship Crews (as advised by the IMB) 121 List of Acronyms 122 Acknowledgements 127 About the Author 127 ESPI Report 29 4 October 2010 Space Applications as a Supporting Tool for Countering Piracy – Outline for a European Approach Executive Summary fies Europe’s instruments at both a policy and The Issue of Piracy a technology level and puts these into the wider context of Europe’s approach to piracy. According to the International Maritime Bu- reau, in 2009 a total number of four hundred The European Space Policy Institute (ESPI) and six piracy incidents were reported, push- has already examined maritime security in ing the problem of piracy, or the provision of the context of the use of space applications in security for maritime trade, high on the the provision of internal security, i.e. non- agenda of policy makers. Research, articles traditional security threats which might even and public debate usually centre on topics come from within a nation’s own borders. To such as the most appropriate definition of follow on from this, it seemed appropriate to piracy and how to deal with the problem of conduct an in-depth study of piracy and the prosecuting pirates. Some cite the number of benefits of space applications in the fight incidents to push piracy even higher on the against it. As a consequence, and in prepara- agenda of policy and decision makers. Others tion for this study, together with the Austrian put piracy in the context of terrorism and talk Institute for European and Security Policy about an arising piracy-terrorism nexus that (AIES) ESPI conducted an expert workshop will soon threaten the international commu- entitled “Space and Maritime Security - nity. There is little analysis of the causative Strategies and Capabilities to Counter Pi- and sustaining factors of piracy and the de- racy”, which took place on 30 November terminants for an effective counter-piracy 2009. policy and even less analysis actually identi- Figure 1: ESPI’s Research: Piracy as One of the Areas of Maritime Security Threats ESPI Report 29 5 October 2010 Causative Factors of the Emergence of Piracy 2. Determinant 2: Geography and Re- and Determinants for Successful Counter Pi- sources racy Policy 3. Determinant 3: The Political Agenda Piracy is not a new phenomenon. It continues of the Adjacent States to exist at a low level of intensity, with re- 4. Determinant 4: Expectations of the gional hotspots emerging cyclically such as International Community Lebanon, the Straits of Malacca, Indonesia and Somalia. Somali piracy is often said to be In this analysis, these have been taken as sui generis, given its unique concentration on complementary to the Causative Factors. random payments and its high level of armed Technologies such as space applications can- aggression. Yet, the RAND Corporation, a not influence the degree of Statehood of ad- U.S. think tank, has identified seven factors jacent States (determinant 1), change geog- accounting for the current emergence of pi- raphy, resources (determinant 2) or the po- racy. Removal or interruption of any one of litical agenda of adjacent States (determinant these factors would eliminate or reduce pi- 3), or influence the expectations of the inter- racy. These are: national community (determinant 4). Yet, technologies such as space applications do 1. Massive Increase in Commercial Mari- have an impact on the effectiveness of time Traffic counter-piracy policy as they can counter the 2. Narrow and Congested Maritime Causative Factors mentioned previously and Chokepoints are an optimal tool to provide a better over- view of long coastlines with large numbers of 3. Lingering Effects of the Asian Finan- bays and isles in which pirates hide. cial Crisis / Profit as a Motivation 4. Difficulties with Maritime Surveillance The International Context as a result of the events of 9/11 and the concomitant pressure that has Piracy matters to the international commu- been exerted on many governments nity for four primary reasons: to invest in expensive, land-based 1.