COI-Report-Somalia

96 — EASO Country of Origin Information report — South and Central Somalia — Country overview
According to the International Chamber of Commerce: ‘Somali pirates tend to be well armed with automatic weapons
and RPGs ( 995 ) and sometimes use skiffs launched from mother vessels, which may be hijacked fishing vessels or
dhows, to conduct attacks far from the Somali coast.’ Furthermore, in Somali waters, legitimate fishermen may be
confused with pirates, because the former tend to protect their nets by aggressively approaching other vessels and
some of them may be armed to protect their catch ( 996 ).
The Somali pirates use physical force and psychological threats against hostages. Examples of the latter include
‘telling seafarers that they had no hope because nobody back home cared about them; allowing the seafarers to
speak to their families, then taunting them, abusing them, and firing shots into the air while their family members
were on the line; making the hostages sleep in cramped conditions without privacy; forcing hostages to drink water
from cans contaminated by diesel oil, chemicals, or other toxic substances; isolating hostages both, on the vessel
and, at times, on shore; telling hostages that because negotiations were not going well, the hostages’ organs would
be cut out and sold on the open market; threatening to slit the seafarer’s throat and feed their bodies to the sharks.’
A number of hostages have been killed ( 997 ).
Historically, acts of piracy have been perceived as crimes negatively affecting all mankind and currently, in international
law, the norms on criminalising and suppressing piracy are part of Customary Law. The 1958 Geneva Convention on
the High Seas and the 1982 United Nations Convention on the Law of the Sea (UNCLOS) contain the most important
norms.
The international response to the problem has been coordinated via different initiatives: NATO has deployed ‘Allied
Protector’ and ‘Ocean Shield’; the ‘Combined Maritime Force - Combined Task Force 151’ is usually referred to as the
‘coalition of the willing’ and is led by the US ( 998 ). In December 2008, the EU created the European Naval Force (EU
NAVFOR) Somalia – Operation Atalanta, and described Somali piracy as follows: ‘criminals taking control of vessels
transiting the High Risk Areas in the Region and extorting ransom money for the crew, the vessel and cargo; this
bearing all features of organised crime. Crews held hostage by pirates often face a prolonged period of captivity, the
average being five months (145 days) but some hostages have been held for more than four years. Moreover, piracy
impacts on international trade and maritime security and on the economic activities and security of countries in
the region.’ ( 999 ) The EU NAVFOR Somalia comprises approximately 1200 personnel, four to seven Surface Combat
Vessels and two to four Maritime Patrol and Reconnaissance Aircraft from different countries. It protects WFP (World
Food Program) and AMISOM vessels and contributes to ‘deterrence, prevention and repression of acts of piracy and
armed robbery at sea’ ( 1000 ). Between 2009 and 2013, the EU NAVFOR arrested 149 suspected pirates and transferred
them for prosecution. In 2013, four pirate groups were disrupted ( 1001 ). Somali nationals have also been accused or
convicted of pirate activities in other countries, such as Kenya, the Maldives, etc ( 1002 ).
Since the peak in 2011 (243 reported attacks), the number of acts of piracy committed by Somali pirates has declined
and is now at its lowest point since 2006 (11 attacks in 2013 and even fewer in 2014) ( 1003 ).
( 995 ) Rocket‐propelled grenade.
( 996 ) ICC‐CCS, Piracy & Armed Robbery Prone Areas and Warnings, s.d. (http://www.icc‐ccs.org/piracy‐reporting‐centre/prone‐areas‐and‐warnings) accessed
14 August 2014.
( 997 ) Oceans Beyond Piracy, The Human Cost of Maritime Piracy 2012, Working Paper, 2013 (http://www.mphrp.org/publications/HCoP2012FullReport.pdf)
accessed 14 August 2014, p. 4-8; Bueger, C., ‘The Decline of Somali Piracy – Towards Long Term Solutions’, Piracy‐Studies.org [weblog], 1 September 2013
(http://piracy‐studies.org/2013/the‐decline‐of‐somali‐piracy‐towards‐long‐term‐solutions/) accessed 14 August 2014.
( 998 ) Sterzi, F., ‘Offshore Somalia: Piracy, Naval Missions and Private Security’, International Commentary, vol. ix. no. 34, Somalia: Clan and State Politics, International
Training Program for Conflict Management, December 2013 (http://www.itpcm.dirpolis.sssup.it/files/2013/12/COMMENTARY_SOMALIA_ISSUE_DEC_2013.
pdf) accessed 14 August 2014, p. 63-65.
( 999 ) EU NAVFOR Somalia, Mission, s.d. (http://eunavfor.eu/mission/) accessed 14 August 2014.
( 1000 ) EU NAVFOR Somalia, Mission, s.d. (http://eunavfor.eu/mission/) accessed 14 August 2014; EU NAVFOR Somalia, Key Facts and Figures, updated on:
14 August 2014 (http://eunavfor.eu/key‐facts‐and‐figures/) accessed 14 August 2014. The Key Facts and Figures section of the EU NAVFOR Website provides
details on reported piracy incidents.
( 1001 ) EEAS, Factsheet – The EU fight against piracy in the Horn of Africa, 23 December 2013 (http://www.eeas.europa.eu/statements/docs/2013/131223_03_
en.pdf) accessed 14/08/2014.
( 1002 ) UNODC, Maritime Crime Programme, March 2014 (http://www.unodc.org/documents/easternafrica//UNODC_MCP_Brochure_March_2014.pdf) accessed
14 August 2014, p. 18-19.
( 1003 ) ICC‐CCS, Piracy & Armed Robbery Prone Areas and Warnings, s.d. (http://www.icc‐ccs.org/piracy‐reporting‐centre/prone‐areas‐and‐warnings) accessed
14 August 2014; IRIN, As Somali piracy falls, questions over what to do with captured pirates, 20 November 2013 (http://www.irinnews.org/report/99164/
as‐somali‐piracy‐falls‐questions‐over‐what‐to‐do‐with‐captured‐pirates) accessed 14 August 2014; UNPOS, Somalia and Piracy, s.d. (http://unpos.unmissions.
org/Default.aspxtabid=9742&language=en‐US) accessed 14 August 2014; Oceans Beyond Piracy, The Human Cost of Maritime Piracy 2012, Working Paper,
2013 (http://www.mphrp.org/publications/HCoP2012FullReport.pdf) accessed 14 August 2014, p. vii; EU NAVFOR Somalia, Mission, s.d. (http://eunavfor.
eu/mission/) accessed 14 August 2014; EU NAVFOR Somalia, Key Facts and Figures, updated on: 14 August 2014 (http://eunavfor.eu/key‐facts‐and‐figures/)
accessed 14 August 2014. The Key Facts and Figures section of the EU NAVFOR Website provides details on reported piracy incidents; Sterzi, F., ‘Offshore
Somalia: Piracy, Naval Missions and Private Security’, International Commentary, vol. ix. no. 34, Somalia: Clan and State Politics, International Training
Program for Conflict Management, December 2013 (http://www.itpcm.dirpolis.sssup.it/files/2013/12/COMMENTARY_SOMALIA_ISSUE_DEC_2013.pdf)
accessed 14 August 2014, p. 62.