Source: ISSSADC Should Act Strongly Against Pirates
Ben Coetzee, Senior Researcher, Arms Management Programme, ISS Pretoria Office
In recent times piracy has leapt to the forefront as a threat to the world economy; impacting the prices of commodities and raising concerns about the long term impact on energy prices. Southern Africa did not experience the initial brunt of the effects of piracy when the international community identified it as a threat to world wide economic growth. This respite can be attributed to the physical distance between Somalia and Southern African waters and the continued operation of the Suez Channel.
Shipping companies preferred to use the Suez Channel trading between the west (the Americas and Europa) and the east (the Middle East and Asia) because it eliminated the need to sail around the “Cape of Storms”. However shipping companies are increasingly choosing to follow a longer route around the southern tip of Africa in an effort to avoid running the gauntlet through the Gulf of Aden and becoming victims of piracy. This diversion from normal practices is in effect slowly starting to starve the pirates from rich targets.
The lack of prey and the constant attention of the international fleet participating in Operation Atlanta are forcing pirates to move their operations south, towards areas outside the operational arena of the international fleet. Acts of piracy are also increasingly occurring further away from the mainland in international waters. This migration of pirate activity from Somalia is exerting pressure on coastal countries such as Tanzania to step up their efforts to protect vessels traversing their territorial waters.
Tanzanian President Jakaya Kikwete commented during his recent visit to South Africa that Tanzania has experienced almost 30 pirate attacks and that the increasing number of incidents are starting to affect the economy of Tanzania and by extension the whole of Eastern Africa. The impact is the result of ships preferring not to visit the ports in Tanzania due to the risk of becoming the victims of pirate attacks.
South Africa, in an effort to curb piracy before it reaches its doorstep, has committed its maritime resources to the fight against pirates. The main motivation for this approach seems to be to fight pirates in the waters of its neighbours whilst ensuring that the South African shipping lanes remain safe and open for business. Although the South African National Defence Force remains stoically silent about their strategic plan to get involved in the fight against piracy, the actions of the Government support the conceptual properties of a plan of this nature.
The agreements signed between South Africa and other Eastern African countries concerned about the impact of piracy on their economies contributes to this understanding. These countries are Mozambique, Tanzania, Kenya, the Seychelles, the Comoros, Madagascar and Reunion. Agreements of this nature increase the area of responsibility for the South African Navy but it also provides refuelling points and safe harbours in the South Indian Ocean. Allowing the South African fleet to deploy fighting vessels such as frigates and aircraft without the additional expense of support vessels to ensure continued operational capability.
The general notion is that piracy is recognised as a serious threat to Southern Africa and South Africa in particular. The South African Government is seemingly willing to commit scarce resources in an effort to prevent the further incursion of pirates into the territorial waters of SADC. This strong reaction from South Africa and its neighbours should serve as a warning to prospective pirates and robbers that these acts would not be considered lightly.
A matter of concern however, is the legal component of the fight against piracy. This concern has not attracted much attention but is vital to SADC’s efforts against piracy in the future. For example if suspected pirates are apprehended, what would the legal process entail? Do African coastal countries have the legislation and capacity to prosecute the suspected pirates and where will such prosecution take place? And above all, the question remains as to who will pay for the prosecution and the incarceration of the suspected pirates upon conviction?
