Is Piracy in Somalia Politically or Economically Motivated - Essay Example

?Piracy in Somalia - Is it politically or economically motivated? Contents: Ch. # Topic Pg Introduction 2 2. Piracy in Somalia: Brief Background 4 3. Political and economical considerations 7 4 Implications 10 5 Conclusion 14 References 15 1. Introduction Maritime piracy has been a historical phenomenon. There are documented reports regarding the infamous and highly vicious Viking raiders who terrorized northern Europe, dating as far back as the 17th century, to the highly fictional Hollywood depiction in present times, which garnered attention and fame worldwide. However the persistent attacks by pirate ships off the horn of Africa represent a realistic picture of the status of piracy in contemporary times, which is far removed from the romantic portrayal of the issue in the Hollywood blockbuster. Contrary to the depiction of piracy by the popular media, piracy in Somalia is real and an ever-increasing danger faced by the sea-farers. Somalia has gained global attention for repeatedly featuring as one of the top three global hotspots for maritime piracy. According to the ICC International Maritime Bureau's (IMB) report on trends in global piracy, about 439 pirate attacks were reported in the year 2011 of which 275 attacks were reported to have taken place off the coast of Somalia (ICC, 2012). The Gulf of Aden and and the northern, southern, and eastern coasts of Somalia are one of the heavily trafficked coasts in the world. It is on account of this reason that the waters in and around Somalia are vulnerable to such attacks, and categorized as piracy prone. The constant acts of piracy in Somalia have resulted in a rapid economic and political decline of the nation and have attracted severe criticism worldwide. The country was labeled as the World’s most dangerous country by the Forbes Magazine (O'Malley, 2009). Figure 1: Source: Onuoha, 2009: 35 Despite the implementation of stringent measures to counter maritime piracy in Somalia, the number of incidences reporting attacks and hijacking by the Somalian pirates refuse to die down. Piracy has been one of the most dreaded acts of hostility faced by sea-farers and it cannot be hoped to be countered by mere naval means. Measures such as disbanding the criminal structure of the booming "industry", achieving political stability and strengthening the nation's economy must be looked into, in order to prevent such acts of terrorism and bring the phenomenon of piracy to a complete halt. 2. Piracy in Somalia: Brief background The term maritime piracy is defined by Piracy Reporting Center of the International Maritime Bureau of ICC as "an act of boarding any vessel with the intent to commit theft or any other crime and with the intent or capability to use force in the furtherance of that act" (Wu and Zou, 2009: 139). The Geneva Convention on the Law of the Sea 1958 defines piracy as any illegal and/or hostile acts leading to the detention, harm or injury to the crew or passengers on board; as well as intentional destruction, capture and seizing of property on the ship. It also includes acts which are committed beyond the jurisdiction of a particular state1. The issue of maritime piracy has been in existence historically and no strategy has achieved complete success in eradicating this evil. The policy initiatives taken at national as well as international level have so far been merely able to partially suppress the phenomenon. However despite such measures incidences of hijacking, random pirate attacks, and armed hostility continue to be reported. The issue of piracy in Somalia is of a more serious nature, due to its weak economic structure and long-term political instability. These two factors combined have caused the elevation of piracy from mere erratic sea attacks to the status of an organized crime. Today, maritime piracy is internationally recognized as an issue of serious concern and active steps have been taken to ensure that such activities are curbed instantly. Piracy off the Somali coast did not begin with a group of bandits looking for money or the best way to make money off the ships that travel through the Gulf of Aden. It began with fishermen who were tired of foreign fishing fleets taking advantage of the instability in the country, dumping toxic waste and illegally fishing in the Somali waters. These activities hampered the economic, environmental and health of the country and its people (Waldo, 2009). The issue of piracy has caused states to invest heavily in securing the lives and property of the crew as well as passengers on board. This has resulted in a sharp rise in costs and affected free trade and commerce between countries negatively. The intensity, extent and frequency of pirate attacks have grown more vicious over the years thus making it difficult for the parties concerned to press for damages. The high impunity rates have further acted as a boost to the now rapidly booming crime, raising alarm in the rest of the world (Lennox, 2008). Piracy in Somalia has become safe havens for pirates and the large deployment of national as well as international naval forces has proved to be futile. Figure 2: Source: EUNAVFOR Somalia (2012) One of the key causes of the increased instances of piracy in Somalia is the steady deterioration of the Somalian state, which commenced a decade ago following the civil war. The aftermath of the war left Somalia in a state of complete chaos and destruction, leading to poverty and unemployment. Furthermore the series of internet conflicts which the nation continued to face resulted in political instability thus worsening its status in the process. According to Norwitz (2009) piracy at sea in particular and criminality in general are known to thrive in areas with a weak political and/or economic structure. Somalia has been constantly dealing with internal conflicts, the aftermath of the war, and a weakening economy. As a result the coasts of Somalia have converted into fully functional maritime sanctuaries which offer save haven to the pirates and other criminal organizations. This has provided a further impetus to acts of terror by the pirates making maritime piracy a highly lucrative business venture (Norwitz, 2009). Piracy in Somalia is an organized crime. Various different groups of pirates are known to be functional and active in different regions, mainly in and around the Gulf of Aden and the Indian Ocean. The pirates are organized and function in accordance with clan lines which in turn are based on the areas, ports or towns they belong to. These groups are known to operate differently from each other and for different reasons, depending on their capabilities thus making it difficult to properly categorize Somalian piracy into definitive patterns. They are known to receive support and critical resources from local fishermen ranging from boats and fishing equipments to lending their navigational expertise to the pirates (Menelik, 2009). The support derived from the locals as well as coastal communities further tend to strengthen their network making it almost impossible for the local law enforcement agencies to track or arrest the miscreants. The civil war that broke out in the early 1990s left the nation in tatters and completely destroyed its political and economic foundation. It also destroyed the social fabric of the society resulting in forced migration of people who sought refuge in other countries (Mills, 2008; Fitzgerald, 2002). According to statistics made available by the UN High Commission on Refugees (UNHCR) over 900,000 Somalis were believed to have sought refuge in neighboring countries due to the ongoing civil war and internal conflict (UNHCR, 2009). The key cause behind such mass migration was the lack of employment and rising poverty rates among the citizens which made it difficult for them to seek proper sources of livelihood. Since then Piracy off the Somali Coast has been on the increase at a disturbing rate and threatens to upset international commerce. It supplies finances that nourish the violent fighting in Somalia and probably turn out to be a weapon of global terrorism or a reason for environmental catastrophe. Piracy has been a predicament more often than not linked with the Malacca Straits sandwiched between Malaysia and Indonesia, but it is now an emergent issue for weak African States (Berlatsky, 2010: p44). The indemnity payments for the Gulf of Aden have augmented tenfold due to the threat of piracy. This forces ships to shun the Suez Canal and Gulf of Aden and reroute about the Cape of Good Hope. This would append significantly to the cost of manufactured oil and goods from the Middle East and Asia. On the basis of the above discussion it could be safely deduced that the political instability of the nation brought about by the civil war resulted in economic downturn of the nation, and are the two key factors responsible for the rapid rise and sustenance of maritime piracy in Somalia. 3. Political and economic considerations: According to the Great Britain House of Commons Transport Committee "piracy tends to take place in countries with a weak maritime law enforcement infrastructure" (Great Britain House of Commons Report: 2). This is solely due to the fact that the government in such countries tend to lack adequate infrastructure and laws to prevent and curb such attacks, thus giving the miscreants an opportunity to indulge in such illegal activities without impunity. The lack of effective laws in place provides the nationals with a lucrative opportunity to execute their aggressive activities. A general lack of political will on the part of the ruling parties coupled with an acute shortage of adequate resources available at their disposal have provided the Somalian pirates with a further boost, making it an organized crime in the region. Similar observations have been made by other researchers who have claimed that a weak or non-existent government and ever increasing poverty are the key causes behind the rise in criminal activities in general (Wilson, 2009). Although the nation was gripped in a political frenzy due to the civil war and other minor internal conflicts the state spiraled downwards due to lack of international intervention. The absolute neglect on the part of international communities to offer help and rescue the country from its misery, propelled the nationals to indulge in illegal activities – mostly involving violence, as a sole means to survive. According to Lennox (2008) piracy has historically followed a definitive pattern however piracy in Somalia has a distinctive pattern which indicates the lack of one single motivating factor behind such acts. Researchers have provided substantial evidence proving that piracy in Somalia is an economically motivated activity (Murphy, 2009). Unlike the other pirates who are known to kill the crew and passengers on board the ships, and loot the goods the Somalian pirates tend to hijack the ships and seek ransom in exchange for those captured (Porterfield, 2010; Eichstaedt, 2010). Thus almost all activities of hostilities carried out by the Somali pirates are economically motivated since money is the main motive rather than killing the hostages. Somalian pirates rarely harm the crew or passengers but instead prefer to seek ransom. According to estimates provided by the International Maritime Bureau the Somalian pirates have been paid over $125 million as ransom during the year 2008 alone. According to the report made available by the ICC Commercial Crime Services (2012b) there have been a total of 202 attacks worldwide in the current year of which 21 were hijacking incidents. The incidents for Somalia were reported to be 70, with a total of 13 hijacking incidents comprising of 212 people held as hostages. As of August 16, 2012 the current number of vehicles held by the Somali pirates is estimated to be 11 with 188 people held as hostages. The hostages are released promptly on receipt of the demanded ransom money. Somali pirates carry out their assaults on international ships around and in the Gulf of Aden, regardless of the restrictions of the improved international naval patrols and escorts and the greater than before failure degree of their attacks. Under treaties with each other, the U.N, and Somalia, ships belonging to fifteen nations currently patrol the area. Somali pirates have earned themselves just about $200 million in ransom ever since early 2008. Capture and arrest of pirates is more often now and given over to authorities in Somalia, Kenya and Yemen for trial. The quantity of pirate assaults has been on the increase for last three years 163attacks in 2009, 174 in 2010 and 176 in 2011. However, their degree of triumph has been on the decline, barely 25 of those assaults were victorious in 2011 in contrast to 47 in 2010 (Eichstaedt, 2010: p55). Ploch (2009: p2) asserts that Somalia offers the ideal milieu for piracy and payment of monumental ransoms gives incentives for piracy. Several years ago, payments were in the tens of thousands dollar scope. However, in 2008 they lingered be around half a million and two million dollars. However there are various debates regarding the primary cause of piracy off the Somalian coast. According to Murphy (2009) the phenomenon is more of a politically motivated move rather than an economical one. This is because the state is in a continuous political turmoil leading to ineffective laws in place. The administration in power is currently incapacitated and hence lacks effective means and resources to contain and prevent such activities. The state of absolute lawlessness due to lack of political will, infrastructure, legal initiatives, international intervention and lack of resources have provided an impetus to the pirates to ‘have their way’ (Abass, 2010). Piracy has been described as one of world’s most lucrative businesses in present times (Roth, 2010). Thus regardless of the overwhelming presence of international naval forces and patrol ships maritime piracy continues to thrive worldwide. However, the problem is far more critical in Somalia primarily due to the lack of political stability and the constantly deteriorating economic status of the country. The increased incidences of hijacking and the exorbitant ransom demanded for rescuing the hostages by the Somalian pirates has driven the costs of shipping and delivery. Researchers have stated that piracy in Somalia has reached to a point of no return. The business model of the piracy activities in the nation is highly impressive and elaborate and has far surpassed the stage where it was considered as a mere economic alternative. Piracy in Somalia today, has evolved considerably over the years and transformed into a full-grown mainstream business activity earning itself the tag of "Piracy Diamond" due to its unprecedented success. The key stakeholders boasts of a wide array of groups including kingpins, semi-trained ex-security personnel, warlords, money launderers, and even politicians and locals (Great Britain House of Commons Report, 2012). 4. Implications The sudden rise in profitability in the piracy business has further worsened the condition, making it almost impossible to curb the growing menace. It has forced several shipping companies to opt for a safer and longer route in order to avoid the risk of being attacked by the pirates and suffer millions of dollars worth of losses. The issue of piracy in Somalia is multi-dimensional in nature and comprises of a combination of economic as well as political factors. The two factors are inter-connected and inseparable and hence need a wider solution which takes into consideration the geo-political nature of the state, addressing the local and regional factors which are the key cause of conflicts, and implementing nationwide strategies to improve the unemployment rates as a primary step towards poverty eradication. The fight against terrorism has achieved global recognition. It is hence imperative for international communities to step in and offer feasible and effective solutions to counter and address the local problems as well. Since the mere deployment of naval forces along the coasts is hardly an effective means to combat the ever growing menace (Van Ginkel, B. et al, 2009). Figure 3: Shipping trade effects of Somali piracy for the year 2011 Source: Marrewijk, 2012: 315 One of the most crucial implications of piracy in Somalia is impunity. Since there is a complete lack of effective law and order policies and the corruption among state officials is high, capturing and punishing the offenders is a rare possibility. Furthermore the pirates have formed large and effective networks, and work in close association with the local natives who offer refuge and safe haven to the pirates. Hence the greatest challenge facing the law enforcement agencies currently is the lack of detention and prosecution measures. The problem is more acute since the current political and economic status of the nation prevents it from implementing robust strategies effectively and executes the legal processes involved in imprisonment, arrest, and courtroom facilities. 5. Conclusion: Regardless of the factors behind the rise in piracy, the phenomenon itself is known to be highly unfavorable for a positive political and economic development of a nation. It not only disrupts the social and political harmony within the country but also affects the international trade ties, thus directly affecting the economic growth of the country. Furthermore, the consequences of maritime piracy are not restricted to a particular geographical region but transcend beyond boundaries and have global repercussions. Although realistically the issue of maritime piracy cannot be completely eliminated but through implementation of effective means, it can be hoped to contain and restricted so as to cause minimal damage (Wilson, 2009). The existing lawlessness in a war-torn country and never ending internal conflicts are the key political factors which tend to destabilize the nation’s growth and affect the local as well as international communities at large, in the long-run. The advent of globalization has blurred the boundaries between nations and contributed to the development of closer economic and political ties with one another. The continuous political disharmony within a particular nation state, hence would prevent the fostering of such ties and alienate the countries in the process resulting in a complete halt in its progress and development. Addressing the problem on hand at a local level along with the support provided by international communities; is one of the effective ways to overcome this setback. References: Abass, A., (2010). Protecting human security in Africa. Oxford University Press, pp. 125-127 Eichstaedt, P., (2010). Pirate state: Inside Somalia's terrorism at sea. Chicago Review Press, pp. 93-95 Fitzgerald, N. J., (2002). Somalia: Issues, history, and bibliography. Nova Publishers pp. 52-54 Great Britain House of Commons Report (2006). Piracy: Eighth report of session 2005-06; report, together with formal minutes, oral and written evidence. The Stationery Office Publication, pp. 1-5 Great Britain House of Commons Report (2012). Piracy off teh coast of Somalia: Tenth report of session 2010-12. The Stationery Office Publication, pp. 122-123 Lennox, P. (2008, December). Contemporary piracy off the Horn of Africa. Canadian Defense and Foreign Affairs Institute. Marrewijk, C. V., (2012). International economics: Theory, application, and policy. Oxford University Press, pp. 315 Menelik, G. Y. I., (2009). The emergence and impacts of Islamic Radicalists. GRIN Verlag Publication, pp. 80-82 Mills, J., (2008). Racing to refuge: Ethnicity, gendered violence, and Somali Youth in San Diego. ProQuest Publication, pp. 13-15 Norwitz, J. H., (2009). Pirates, terrorists, and warlords: The history, influenc, and the future of armed groups around the world. Skyhorse Publishing Inc., Pp. 168-169 Onuoha, F.C., (2009). Sea Piracy and Maritime Security in the Horn of Africa: The Somali Coast and Gulf of Aden in Perspective, African Security Review 18, (3): 31 – 44. Porterfield, J., (2010). Modern-day piracy. The Rosen Publishing Group, pp. 42-45 Roth, M. P., (2010). Crime and punishment A history of the criminal justice system. Cengage Learning Publication, pp. 62-63 Wilson, B. (2009). Effectively Confronting a Regional Threat: Somali Piracy. The African Centre for the Constructive Resolution of Disputes Conflict Trends Issue 1. pp. 11-1 Wu, S., Zou, K., (2009). Maritime security in the South China Sea: Regional implications and international co-operation. Ashgate Publishing, pp. 139 Online Sources: ICC (2012a). Combating maritime piracy [Online] Available at: http://www.cfr.org/france/combating-maritime-piracy/p18376 [Accessed: August 24, 2012] ICC (2012b). 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