Finding Solutions for Maritime Security Challenges in the Tri-Border Area
by Mary Fides A. Quintos

The Philippines, Indonesia, and Malaysia have intensified maritime security cooperation in the Tri-Border Area with the recent launch of the trilateral air and maritime patrols as vital components of the Trilateral Cooperative Arrangement. As experience in the Strait of Malacca and the Western Indian Ocean and Gulf of Aden has shown, coordinated patrols enhance law enforcement and serve as useful deterrence against illegal activities at sea. These regions also provide other lessons in repressing piracy and armed robbery against ships that countries in the Tri-Border Area can draw from. Notwithstanding differences in geography, politics, and resources, relevant initiatives that can be considered and tailored for the region are valuable in arriving at sustainable and long-term solutions for the Tri-Border Area.

The tri-border area: issues and responses

The tri-border area between the Philippines, Indonesia, and Malaysia includes the Sulu-Celebes Sea region, which covers 900,000 square kilometers and hosts approximately USD 40 billion dollars’ worth of cargo annually. The East Kalimantan trading route, in particular, is vital to the Philippines’ energy security, where roughly 70 percent of the country’s coal imports amounting to USD 800 million dollars are transported from Indonesia every year. This high value trade, however, is vulnerable to maritime crimes due to weak governance, high levels of poverty, and longstanding armed conflicts in the area.

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) Information Sharing Center reported a total of 23 actual and attempted incidents of abduction of crew from ships in the Sulu-Celebes Sea region from March 2016 to June 2017. Out of the 59 abducted crew from Indonesia, Korea, Malaysia, Vietnam, and the Philippines, 2 were killed, 39 were released/rescued; and 18 are still in captivity at the time of writing. It is particularly alarming that the perpetrators were bold enough to attack at broad daylight, and would violently open fire at the targeted ship, crew, and even maritime law enforcers. Moreover, the Abu Sayyaf Group (ASG), an Islamic extremist group based in southern Philippines, claimed responsibility for most of these incidents, which raises concern over their growing reach in the region.

The vastness of the area that needs to be safeguarded and the transnational impact of these maritime crimes propelled the governments of the Philippines, Indonesia and Malaysia to sign the Trilateral Cooperative Arrangement (TCA) on 14 July 2016. Under the ambit of the TCA, rotational naval and air patrols were launched in 2017, and Maritime Coordinating Centers were established in Tarakan, Indonesia; Tawau, Malaysia; and Bongao, Philippines that would serve as operational command and monitoring stations.

The Philippine government, in particular, also implemented the following regulations and guidelines effective June 2017: the establishment of a Recommended Transit Corridor (RTC) between Moro Gulf and Basilan Strait where vessels are required to provide notification to relevant authorities prior to transit and where law enforcement units are deployed to respond immediately to incidents of piracy and armed robbery against ships; the implementation of Safety, Security and Environmental (SSEN) Numbering Systems for all Philippine-registered vessels for improved tracking and monitoring; and the prescription of radio communication equipment onboard Philippine-registered vessels.

What else can be done?

Ship protection measures. According to the booklet on “Best Management Practices to Deter Piracy off the Coast of Somalia and in the Arabian Sea Area (BMP)”, shipowners are encouraged to include several ship protection measures such as deploying additional lookouts on the vessel for enhanced vigilance and watchkeeping; constructing physical barriers at vulnerable access points; using water spray and foam monitors; installing CCTV cameras and alarms; and establishing an internal safe muster point or citadel. Although the applicability of these recommendations varies with every ship type and risk assessment, shipowners have the flexibility to determine what is most appropriate for them.

Involvement of external forces. The lack of a functioning government to deter piracy off the coast of Somalia was compensated by the involvement of extra-regional forces. For example, the European Naval Force Somalia (EU-NAVFOR) conducts nonstop surveillance of vessels transiting through the Gulf of Aden. Also, the North Atlantic Treaty Organization (NATO) Operation Ocean Shield provides naval escorts to transiting ships and facilitates information-sharing between NATO governments and the international shipping community. Likewise, the Combined Task Force-151, which consists of 15 states from Asia-Pacific and Europe, also conducts various anti-piracy missions including patrol operations in the Gulf of Aden.

Countries in and surrounding the Tri-Border Area may now have increased capacity and resources for law enforcement, but as Ian Storey rightly pointed out, year-round patrol operations can be very costly in terms of manpower, hardware, fuel, and maintenance. Thus, assistance from external players can be useful to increase capability and expertise. Signatories to the TCA have already indicated the potential involvement of neighboring states in this initiative. Allowing the participation of extra-regional players, including the major powers, also merit careful consideration in terms of the kind of assistance, timing, and the extent of involvement.

Adequate legal framework. Beyond increased capacity to make arrests, the successful prosecution of criminals is crucial to bring accountability and send a strong signal that the fight is serious and steadfast. The mobility of criminals especially across porous borders underscores the need for legal cooperation among states.

One of the pillars of the Djibouti Code of Conduct (DCoC) is the creation of legal frameworks to criminalize piracy and armed robbery against ships and to make adequate provisions for the exercise of jurisdiction, conduct of investigations and prosecution of offenders. In the pursuit of this objective, inter-agency legal workshops were conducted among parties to the DCoC.

Apart from incidents of piracy that occur in the exclusive economic zone, other types of attacks on ships are not governed by the United Nations Convention on the Law of the Sea (UNCLOS). For instance, violence within the territorial limits of a state constitutes armed robbery at sea, while attacks that are politically motivated may be regarded as maritime terrorism. Hence, international conventions such as the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), and the 1979 Hostages Convention, among others, aim to supplement UNCLOS and provide a framework for international legal cooperation on prosecution or extradition. These Conventions allow for offenders to be indicted in (1) the territory of the state where the attacked vessel is registered, (2) in the state where the crime took place, (3) in the state of nationality of the offenders, or (4) in the state where the offenders are found after an escape. It is helpful if countries in the Tri-Border Area would ratify these instruments and incorporate them in their national legislations to eliminate places of refuge for offenders. Thus far, only the Philippines has ratified the SUA Convention, and only the Philippines and Malaysia are parties to the Hostages Convention.

Land-sea nexus of crimes. Maritime crimes, in general, are mere manifestations of deep-seated problems on land. Planning, network, and refuge of offenders at sea are also land-based. Analysts believe that the conflict in Aceh and the lack of economic opportunities have led many to turn to piracy in the Strait of Malacca as a source of living. A significant decrease in attacks, however, was correlated to the normalcy in the area following the 2005 Peace Agreement.

In the case of Somalia, although piracy was successfully contained for some years, a resurgence of piracy attacks has been reported in 2017 possibly due to the decreased presence of anti-piracy forces and complacency of shipping companies in implementing best practices. Moreover, instability and food insecurity caused by drought, famine, and illegal fishing by foreign vessels persist.

Sea-based operations, therefore, may only serve as a band-aid solution; maritime crimes cannot be completely eradicated without addressing the land-based sources of the problem.

Conclusion

There is no single formula nor a flawless method for suppressing all types of crimes at sea. Most of the time, the tactics of offenders are so organized and evolving fast that dealing with them requires multiple combinations of innovative and holistic strategies. What works for one region may not necessarily work for others, but there is always value in learning from others’ experiences. Seeking other best practices in combating maritime crimes in the Tri-Broder Area should also be a continuous endeavor, especially since resolving the underlying problems takes time. More importantly, the role of cooperation not only among states, but including the private sector and other stakeholders, should be paramount. After all, security is everybody’s responsibility.

Source: fsi

The Danish navy has released three suspected Nigerian pirates who were picked up by a frigate in the Gulf of Guinea in November after it failed to find a country in the region to take them, the Danish Armed Forces said on Friday.

The three, who had been detained aboard the frigate Esbern Snare, were put to sea on Thursday in a small dinghy with enough food and fuel for them to reach shore safely to shore.

“They have no relation to Denmark, and the crime they have been charged with was committed far from Denmark. They simply do not belong here, and that’s why I think it’s the right thing to do,” Danish Justice Minister Nick Haekkerup said in a statement.

Forces on the frigate, which deployed to the Gulf of Guinea in October, killed four pirates in waters south of Nigeria in late November in an operation to protect shipping amid heightened security risks from pirates.

Four other suspects were taken on board the frigate but Denmark failed to reach an agreement with countries in the region to transfer them.

The fourth suspect, who has been in hospital in Ghana with injuries, could not safely be released at sea and has therefore been brought to Denmark for prosecution, the Justice Ministry said.

He will be put in front of a judge for preliminary questioning in a Copenhagen court later on Friday. His lawyer could not immediately be reached for a comment.

The release, made in accordance with international rules, took place near Nigerian territorial waters south of Niger Delta, the armed forces told Reuters.

The Gulf of Guinea has been a piracy hot spot for years, but incidents have decreased since national authorities stepped up security efforts aided by foreign naval ships.

Source: marinelink

Royal Navy Command, Thailand, responded after being informed about ghost ship found some 70 nm southeast of Koh Samui island, Gilf of Siam, on Jan 5 or 7, exact date unclear. Abandoned cargo ship of some 80 meters length was adrift, with aft tilt and portside list. She was abandoned for quite some time, from the looks of her. No signs or traces which could help in solving her mystery were found, except Chinese name, which when published, was obviously misspelled, reading as FIN SHUL YUEN 2. Navy boarded the ship, salvage under way, because she can’t be left drifting in waters of Gulf of Siam, in close proximity to traffic lanes, oil rigs and resort areas.

Source: fleetmon

Heidmar said pooling is an efficient means of consolidation, granting the scale and flexibility necessary to meet the needs of growing customers. The deal will bring the number of vessels operated by Heidmar to 60 across crude, product and chemical tankers, ranging in size from 10,000 dwt to VLCCs.

“I am extremely pleased to announce today the joint venture with Capital and the relaunching of the Heidmar brand. The unique and transparent trading platform of Heidmar that has enjoyed an excellent reputation in the market for decades and the exceptional performance of our pools have been key drivers in attracting quality tanker owners like Capital,” said Pankaj Khanna, CEO of Heidmar.

Source: seatrade-maritime

States in the Gulf of Guinea region must take responsibility and step-up prosecution efforts when pirates are apprehended by international navies, said BIMCO today.

The statement came following the release of three suspected Nigerian pirates who had been held in custody on board the Danish frigate Esbern Snare.

The Danish frigate has been part of an international anti-piracy effort in the Gulf of Guinea to deter pirates since the end of October 2021.

On November 24, special forces from the frigate were involved in a firefight with gunmen in a skiff full of piracy equipment in the waters south of Nigeria.

THE SUSPECTS

Four suspects, including the three who have now been released, were detained on board the frigate. After Denmark failed to find a country in the region to take them, the three were put to sea on Thursday in a small dinghy with enough food and fuel for them to reach shore safely.

They had been charged under Danish law with attempted manslaughter by firing at Danish personnel. They were released after Danish Minister of Justice Nick Hækkerup decided that the indictments should be dropped.

“We have no interest in getting the persons in question to Denmark, where they would have to serve a possible sentence, and where we also risk that they would not subsequently be able to be deported,” said Hækkerup. “Therefore, I have quite exceptionally made the decision to order the prosecution to notify three of the four suspected pirates of a waiver. This means that the three suspected pirates have been set free. They have no connection to Denmark, and the crime they have been charged with has been committed far from Denmark. They simply do not belong here. And that’s why I think it’s the right thing to do.”

The fourth detained suspect had been admitted to a hospital in Ghana as a result of injuries sustained in the confrontation with Danish personnel. Now he has apparently been flown to Denmark after Ghana refused to keep him and the Armed Forces determined that, for health and safety reasons, he could not be released at sea. He was expected to appear before a Danish court today.

BIMCO CALLS ON REGIONAL STATES TO ACT

“The presence of international navies is a very important step in the right direction to keep seafarers safe but establishing a sustainable security situation in the Gulf of Guinea cannot happen without full support of the region,” says BIMCO Secretary General and CEO, David Loosley. “Bringing suspected pirates to justice is best done by regional coastal states. We have seen suspected pirates brought to justice in the region before. International collaboration between regional jurisdictions and non-regional military forces holds a tremendous potential that cannot be missed,”

BIMCO notes that in July 2021, it was reported that a Togolese court had convicted nine men of piracy following an attack on a tanker in May 2019. One of the pirates was sentenced to 15 years in prison while six were each sentenced to 12 years in prison

Since the arrival of international navies with robust mandates, the number of pirate attacks and kidnapped seafarers in the region has dropped significantly. In the fourth quarter of 2020 an estimated 23 attacks were made against merchant ships trading in the Gulf of Guinea while 50 seafarers were kidnapped. By fourth quarter 2021 the numbers had dropped to seven attacks and 20 kidnappings.

The Gulf of Guinea coastal states are increasingly focusing on maritime security and several initiatives are underway. There are however still challenges. As an example, Nigeria’s Deep Blue initiative is still not deployed on active antipiracy operations.

Source: marinelog

Conoship International Projects (CIP) of Groningen, The Netherlands, announced it has developed the design for a 3,600 dwt general cargo vessel, suitable for sea-river operations. Each vessel will measure 289 feet in length and have a hold capacity of over 180,000 cubic feet.

The construction of this first series of six cargo vessels is planned for spring 2022, while the entire series is expected to be delivered in 2023. The diesel-electric powered cargo vessels will be built at Fosen Yard Emden, Germany.

“We are very proud that this ultra-fuel-efficient cargo vessel is developed according to our philosophy to build in series in the North of Europe,” says Maarten Sickler, Director of Conoship International Projects. “This vessel can be considered the new standard for low-air draught sea-river coasters.”

The project was initiated by Conoship based on extensive market research and working with potential customers and the shipyard that will build the vessels. CIP also actively brokered between finance houses, owners, and shipyards.

In addition to an efficient diesel-electric propulsion system, the vessels are designed with an enlarged propeller in combination with optimized hull lines and a unique stern arrangement. Conoship reports that the design will produce enhanced fuel efficiency and meets phase 3 requirements for the EEDI calculation.

To further improve its performance, the design is also ready for wind-assisted propulsion. The concept includes two rigid foils that would be fitted in the forward area of the ship. The foils would reduce fuel consumption and CO2 emissions by about 10 percent, depending on the sailing route.

Additional elements of the design address future changes in the shipping business. For example, a switch of future fuel types such as liquid hydrogen or ammonia is facilitated by the design arrangement. Conoship notes that the requirements of the future fuels have been taken into account from the beginning of the conceptual design process.

“We are delighted with the order,” says Carsten Stellamanns, managing director of Fosen Yard Emden. “The order is intended to become a flagship project and attract other similar projects to the region.” (Artist rendering image from Conoship)

Source: maritimemag

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Source: maritime-news

China News Service, Wuhan, January 8 (Chen Libo) The Yangtze River Maritime Safety Administration announced on the 7th that in 2021, the number of accidents, the number of dead (missing), the number of sunken ships, and the economic loss will drop by 29.6% and 36% respectively in 2021. %, 45.5%, and 48.6%, and the “four indicators” of accidents decreased year-on-year. Among them, the number of d

China News Service, Wuhan, January 8 (Chen Libo) The Yangtze River Maritime Safety Administration announced on the 7th that in 2021, the number of accidents, the number of dead (missing), the number of sunken ships, and the economic loss will drop by 29.6% and 36% respectively in 2021. %, 45.5%, and 48.6%, and the “four indicators” of accidents decreased year-on-year. Among them, the number of deaths and missing persons was the second lowest in history, and the remaining three indicators were the lowest in history. The water safety situation achieved another good result.

The relevant person in charge of the Yangtze River Maritime Safety Administration introduced on the 7th that the bureau is responsible for the safety supervision and communication guarantee of the waters nearly 2,700 kilometers away from Yibin, Sichuan, Jiangsu, and Liuhekou, the main line of the Yangtze River. There are more than 65,000 ships sailing, and there are more than 220 drinking water sources. The area under the jurisdiction is highly ecologically related, highly related to people’s livelihood, highly related to development, high safety risks, and complex water navigation environment.

The picture shows Changjiang Maritime Law Enforcement implementing “no punishment” or “no punishment for the first violation” for 24 types of minor violations. Photo courtesy of Changjiang Maritime Safety Administration

In order to effectively ensure the water traffic safety of the Yangtze River trunk line, in 2021, the Yangtze River Maritime Safety Administration will put into use the most advanced 60-meter comprehensive emergency command vessel “Maritime 01” in the country, transform and upgrade the Yangtze River trunk water search and rescue coordination center, and organize the establishment of the Yangtze River Shipping Meteorological Service Alliance.

At the same time, emergency rescue and on-duty duty were strengthened. A total of 1,443 safety warnings were issued throughout the year, and 230 navigation bans were implemented; 66 water search and rescue operations were carried out, and 75 ships and 584 personnel were successfully rescued, with a success rate of 97.2% of life rescue.

In order to ensure the safety and smoothness of water traffic on the Yangtze River, the Yangtze River Maritime Safety Administration has opened up a “green channel” for the transportation of key materials for the national economy and people’s livelihood and import and export of foreign trade materials, ensuring the safe transportation of 670 million tons of coal, 110 million tons of oil and natural gas, and 90 million tons of food.

In particular, the pilots of the Yangtze River fought on the front line of ensuring smooth flow, protecting people’s livelihood, and preventing the epidemic. Throughout the year, they led a total of 61,400 Chinese and foreign ships with a cargo volume of 463 million tons in and out, and led 32,000 ships from countries and regions with high epidemic risk. Second, it has made important contributions to ensuring the smooth flow of domestic and international dual circulation.

The picture shows the Yangtze River Pilot Center’s efforts to ensure the smooth transportation of civilian materials and ships. Photo courtesy of the Yangtze River Maritime Safety Administration

At the same time, the three-year special rectification of water traffic safety production was carried out in depth. The Jiangsu section of the Yangtze River trunk line, the Sichuan section and the Three Gorges Reservoir area, Yichang, Jiujiang and Wuhu sections realized the dynamic clearing of “three no” ships; thoroughly implemented the “Yangtze River Protection Law” , adopted the “four no and two straight” methods to inspect pollution-related enterprises, docks, and ships, investigated and dealt with 2,539 pollution-related violations throughout the year, took 226 detention or restricted berthing measures, and cooperated with local governments to dismantle more than 7,000 fishing boats in the Yangtze River. In the section from Yueyang to Yibin, the “onboard storage and onshore delivery” of ship pollutants has been promoted. More than 11,000 ships have implemented zero discharge of water pollutants, and vigorously promoted the construction of the beautiful Yangtze River.

In addition, the bureau also carried out in-depth activities of “I do practical things for the masses”, built and put into use 148 maritime self-service stations and realized 24-hour service; fully implemented “one-stop service” and “full-course online service”, and the average settlement time for government affairs was shortened. 30%; 375 cases of “no penalty” and “no penalty for the first violation” were implemented for minor violations, and a 24-hour smart hotline for maritime government consultation was opened, which comprehensively improved the level of maritime services.

Source: tellerreport

Dubai ports giant DP World is set to build an inland port in Jammu and Kashmir as part of plans by the emirate to invest in the Indian territory, Jammu and Kashmir Lieutenant Governor Manoj Sinha said on Thursday.

The Centre last year said Dubai, part of the United Arab Emirates (UAE), would invest in infrastructure and other projects in the disputed region claimed by India and Pakistan but ruled in parts by both.

Sinha, who is in Dubai this week to promote investment, said DP World would soon visit the 250 acre site earmarked for the inland port facility.

“We will finalise it shortly,” he told Reuters, describing the project as a “firm commitment” by state-owned DP World.

A DP World spokesperson said the company had a “productive meeting” with Sinha on Thursday and that it was preparing a proposal for the project.

The announcement last October that Dubai would invest in the region was the first by any foreign government since Kashmir’s autonomy was revoked in 2019 and the Muslim-majority state was divided into two territories directly ruled by New Delhi.

Emirati newspaper Khaleej Times reported this week that Dubai developer Emaar Properties would build a mall in Srinagar, the main city in Jammu and Kashmir.

Lulu Group, an UAE-headquartered company headed by an Indian billionaire, also plans to set up a food processing hub there.

But investment in the heavily militarised Jammu and Kashmir is fraught with risk. There are frequent attacks by militants, while the Indian government has at times faced international criticism for widespread crackdowns there by security forces.

“As far militancy is concerned, we are dealing with it … and I can assure it will be dealt (with) fully” said Sinha, who insisted the region was a safe place for foreign investment.

Source: marasinews

An extraordinarily undiplomatic communique from the EU has been circulated to International Whaling Commission members. It calls upon the Faroese Government to immediately provide the same strict cetacean protection as the EU Member States. But the EU has neither a legal right nor a moral responsibility to tell the Faroe Islands, a decidedly non-EU autonomous territory of the Kingdom of Denmark, to stop hunting dolphins and whales.

But when it comes to appeasing the animal rights lobby, the EU, it seems, feels unburdened by protocols that otherwise compel it to respect other nations’ cultures and legal systems. The EU is waving its big stick at the Faroe Islands because last year’s one-day grind at Skalabotnur beach on the island of Ejsturoi corralled a record 1,423 white-sided dolphins.

The scale of this spectacular event, with its transparent but humane and regulated killing of wriggling mammals, sparked outrage among squeamish animal rights activists. So, what’s new? Certainly not the accusation in the communique that the Faroe Islanders were observed using “cruelty” and “torture” in last year’s grind. As the EU statement itself acknowledges:

“Even before this particular grind, grinds have been considered gruesome and unethical by parts of the civil society [they mean unaccountable NGOs] and by most of EU Member States.”

We should be thankful to the EU for forewarning us that no amount of regulatory measures short of prohibition will suffice. But saying this does not mean that we shouldn’t be concerned about what happened in the grind on September 12, 2021.

Source: bairdmaritime