IMO Assembly issues renewed call for action on piracy off Somalia

IMO News no 1. 2008

Renewed calls for action to prevent and suppress acts of piracy and armed robbery against, ships, in particular off the coast, of Somalia, were made by IMO's 25th Assembly in November 2007 when it adopted a new resolution on Piracy and armed robbery against ships in waters off' the coast of Somalia.

The wide-ranging new resolution appeals directly to the Transitional Federal Government. (TFG) of Somalia. Among other things, it requests the TFG to take any action it deems necessary to prevent and suppress acts of piracy and armed robbery against ships originating from within Somalia and to ensure that its coastline cannot be used as a safe haven from which attacks can be launched. It goes on to ask the TFG to take action to ensure that all ships seized by pirates and armed robbers and brought into waters within its territory are released promptly and that ships sailing of tie coast of Somalia do not become victims of acts of piracy or armed robbery.

Perhaps most significantly, the resolution asks the TFG to advise the UN Security Council that, in response to a previous request from the IMO Council, it consents to warships or military aircraft entering its territorial sea, when engaging in operations against pirates or suspected pirates and armed robbers. In addition, in view of the worsening humanitarian situation in Somalia, it also asks the TFG to advise tlie Security Council of its readiness to conclude any necessary agreements so as to enable warships or military aircraft to escort ships employed by the World Food Programme (WFP) for the delivery of humanitarian aid to Somalia or leaving Somali ports after having discharged their cargo.

Through the new resolution, the IMO Assembly, which is the governing body of the Organization and comprises all 167 Member States, has reiterated its condemnation of all acts of piracy and armed robbery against ships, irrespective of where they have occurred or may occur and, in particular, has appealed to all parties able to assist to take action, within the provisions of international law, to ensure that seafarers serving on any hijacked ships, and any other persons on board, are immediately and unconditionally released and that no harm is caused to them.

The resolution also places considerable emphasis on the need for co-operation, communication and the sharing of information, as key elements in tackling the problem. It specifically calls on Governments in the region, in cooperation with IMO, to conclude a regional agreement to prevent, deter and suppress piracy and armed robbery against ships. Other Governments are called upon to assist these efforts.

It also urges Governments to issue, to ships entitled to fly their flag, specific advice and guidance on any appropriate additional precautionary measures necessary to protect themselves from attack, when sailing off the coast of Somalia, and on any measures or actions they may need to take when they are under attack, or threat of attack.

Ships are encouraged to ensure that information on attempted attacks is promptly conveyed to the nearby coastal States and to the nearest, most appropriate Rescue Co-ordination Centre and Governments are asked to bring such information to the attention of IMO. Governments are further requested to instruct national Rescue Co-ordination Centres, or other agencies involved, to transmit relevant advice and warnings on reported attacks through the World-Wide Navigation Warning Service, the International SafetyNet Service or other means, so as to warn shipping in the immediate area. They are also asked to provide a point of contact through which ships may request advice or assistance and to which such ships can report any security concerns about other ships, movements or communications in the area.

The investigation of all acts or attempted acts of piracy and armed robbery is actively encouraged by the resolution and Governments are requested to report any pertinent information to IMO. It also urges them to take all necessary legislative, judicial and law enforcement action to ensure they are able to receive and prosecute or extradite suspected pirates and armed robbers.