It has been more than 15 years since the security and stability issues in Somalia were first brought to the attention of the UN Security Council through its Resolution 733 of 1992. Recent developments have also shown that this problem, which has become an international concern, is far from settled since stability in the region, Somalia specifically, remains elusive.
The waters off the coast of Somalia today are one of the world's more dangerous zones. The violent acts of piracy and armed robbery against vessels off those shores and the serious threat those acts pose to the prompt, safe and effective delivery of humanitarian aid to Somalia, to international navigation, to safe passage along commercial maritime routes and to fishing conducted there have become of grave concern to the international community.
In order to address these issues, the UNSC has responded promptly by endorsing a critical declaration, Resolution 1816 (2008).
After the adoption of Resolution 1816 (2008), France, other European countries and other international partners have taken steps to implement that resolution by establishing a military presence off the coast of Somalia. But these steps have not provided positive results: Piracy and robbery in those waters continue unabated, and have even intensified recently.
The most recent act that surprised the world was the nervy hijacking of the loaded Saudi-owned crude oil tanker Sirius Star, whose ship and load was valued at nearly US$100 million, by pirates believed to originate from Somalia.
To reemphasize the actions needed to fully eradicate piracy and armed robbery off Somalia's coast, the UN Security Council passed another resolution, 1838, on Oct. 7, 2008, intended to strengthen the previous Resolution 1816.
In light of the recent high-profile incidents, the international military presence in waters off the coast of Somalia is intended to suppress the chronic piracy.
Though well intentioned, people have misunderstood that the issue of armed robbery against ships at sea is a purely maritime issue.
This misunderstanding needs to be addressed. In Indonesia's experience, most armed robberies against ships are planned on land and goods stolen are generally sold or traded on land. Moreover, the pirates maintain a land base for their operations. Security problems in national territories, such as rebel forces, freedom fighters or paramilitaries can provoke chronic piracy and other criminal acts at sea.
Indonesia has successfully taken action against armed robbery at sea in the Strait of Malacca, in its territorial waters off the Aceh coast. As a matter of fact, prior to 2004, much of the illegal activity which occurred in the Strait of Malacca was associated with the Free Aceh Movement (GAM) and supported their cause.
The successful political settlement between Indonesia and GAM has contributed to reducing the number of illegal seizures and threats against ships in those waters.
This may be the case in Somalia where existing threats in coastal waters are not random actions at sea but generated on land. Therefore law enforcement on land and the peaceful settlement of the problems on land is necessary to minimize incidents at sea.
Notwithstanding, I believe that no country can mount a defense on its own to tackle the newly emerging nontraditional security threats. Cooperation with other states is required; in the case of Somalia, which lacks the military power to defend herself, resolution 1816 is necessary. Nevertheless, a set of principles should be kept in mind in dealing with such a cooperative effort in maritime security.
First, such cooperation should be based on respect for the sovereignty of the coastal state.
Second, any measures undertaken in the territorial waters of a coastal state regarding maritime security should be managed through a bilateral mechanism between the coastal state and other involved states.
Third, a comprehensive operation to eliminate armed robbery and other criminal acts against ships at sea should take into account the relevant operations on land, both in planning and in trading.
As a conclusion, we should not see piracy off the coast of Somalia as a stand-alone problem. Rather, it is an extension of the continuing political instability and lawlessness in Somalia itself.
Therefore, the international community should support the appeal for greater international contributions and cooperation in protecting the humanitarian convoys bound for Somalia and in repressing piracy and armed robbery at sea in conformity with international law, in particular the 1982 UN Convention on the Law of the Sea, and Security Council Resolution 1816. These instruments are both necessary and adequate to address this threat.
The writer works at the Directorate of Treaties for Political, Security and Territorial Affairs at the Foreign Ministry. This article expresses his personal view.
