(exclusive) Sierra Leone deal for EU on-board teams
The Minister for Foreign Affairs of Sierra Leone, Zainab Hawa Banura, has just confirmed this in writing to Baroness Ashton, High Representative of the European Union for Foreign Affairs. According to a letter that I have been able to consult, Sierra Leone allows the access and presence of Ship Protection Detachment (VPD) or On-board Protection Teams (EPE according to the French acronym) of Eunavfor Atalanta on board ships flying its flag.
How important… will you tell me? Not negligible. Because several of the ships that supply Somalia (on behalf of the WFP) or AMISOM fly the flag of this small West African state. And Europeans have been waiting for this written authorization for several months. Until now, VPDs could board ships but according to an agreement negotiated on a case-by-case basis (1). This exchange of letters is all the less trivial in that it has the value of an international agreement and therefore has general application for all vessels flying the flag of Sierra Leone. It contains several key provisions, including a proper authorization to act and a waiver of liability.
"All necessary measures"
VPDs will be able to use “ all the necessary measures, including the use of force to deter, prevent and intervene ” with the objective of “ put an end to any attempt at piracy and/or armed robbery ". In particular, they will be able to arrest and detain suspects on board, seize and destroy attacking vessels. In all cases, the captain of the merchant ship remains responsible for the safety and security of navigation.
Suspects may be transferred to another State (European, third country, etc.) according to " the modalities provided for by the European framework”.
The State sending the VPD team may request from the owner of the merchant vessel or the captain a declaration by which it undertakes not to require any tax, payment or consideration of any kind for the reception of the VPDs, their food , their accommodation on board (in other words, they will be accommodated free of charge).
Immunity and disclaimer
VPD personnel will benefit from criminal immunity from the courts of the flag State. in all circumstances ". The flag state renounces to any complaint of any kind whatsoever against the European Union. The State from which the VPDs come may ask the owner of the vessel or the operator for a declaration in which the latter renounces any action, " except in cases of gross negligence or willful misconduct ". In this statement the owner or operator will acknowledge his " Responsibility Law " with regard to his crew, in the event " damage to property, death or personal injury ».
