Jack Lang's 25 Solutions to Piracy

Jack Lang delivered yesterday at 16 p.m. (New York time, 22 p.m. here) his report on the “ legal issues related to piracy to the UN Secretary General. Report - which "Brussels2" has read - and which will be discussed today (Tuesday) in the Security Council.

François Mitterrand's former Minister of Culture, who is also a recognized jurist in international law, thus advocates the rapid creation of two specialized courts on piracy: one in Puntland, one in Arusha (Tanzania) which would a decentralized Somali jurisdiction. Jack Lang, however, went beyond the strict framework given to him to address the whole issue and propose a set of measures aimed at the legal aspect as well as the economy or security. His report thus includes a set of 25 proposals, including "a global and multidimensional plan", for Puntland and Somaliland, consisting of "three components undertaken simultaneously: economic, security and jurisdictional/penitentiary".

The situation is serious

For Jack Lang, the situation is indeed " reaction and calls for a " battery of convergent measures ». " Piracy has not seen any decline since its upsurge off the Somali coast in 2007. The year 2010 was marked by an intensification of violence and an extension of the duration of detention, a sophistication of the modus operandi and an extension of the area attacks in the south (as far as Mozambique) and east of the Indian Ocean. »

The economy of the region is affected. piracy, whose epicenter is in Puntland, has a destabilizing impact on Somalia and on the entire region (increase in prices, insecurity of energy supplies, loss of income). While global maritime traffic seems better controlled thanks to naval operations which play an essential role in securing, the number of victims nevertheless continues to increase (1900 people since the end of 2008 have been taken hostage). Ultimately, the entire world economy risks being affected. »

The legal aspect

Two courts: one in Puntland, the other in Arusha

Among the solutions, his preference goes to the creation of a " jurisdictional system comprising two specialized courts in Puntland and Somaliland and an extraterritorial Somali specialized court which could be located in Arusha. » The specialized court in Puntland and the extraterritorial Somali court are “ priorities given the possibility of providing for their universal jurisdiction. »

Prisons in Puntland and Somaliland

Penitentiary capacities in Puntland and Somaliland would also be enhanced by the “ immediate creation of two prisons, under protective status allowing international control, respectively in Somaliland (500 places) and Puntland (500 places). The first places would be available within 8 months. In the near future, a third prison should be created in Puntland. Total cost of this component for three years: less than 25 million US dollars. Which is, all in all, relatively low compared to the cost of piracy.

Use universal skill

The report also proposes to consolidate the legal base in the Member States. Thus, States mustcriminalize piracy as defined by the United Nations Convention on the Law of the Sea, acquire universal jurisdiction to deal with acts of piracy".

Harmonize prosecutions

It is necessary " develop an international protocol template; facilitate the prosecution of the intent to commit an act of piracy; promote the testimony of victims ».

And, transfer agreements, first for the purposes of trial and then, for the purposes of incarceration, must be "multiplied". While a "appropriate support" will be provided to the States of the region.

The maritime and operational component

A certificate of good conduct for boats

The report recommends creating a "international certification" compliance with certain rules of good practice and to provide information to the flag State in the event of non-compliance with the latter, in order to "to extend the application of self-protection measures (good practices) by the merchant community".

Monitoring the Somali coasts

Jack Lang also considers it necessary to exercise "close surveillance of the coasts and the exchange of information with the regional authorities of Somaliland and Puntland". A solution that goes in the direction of the solutions proposed by Spain more than a year ago.

An economic and safe component

Economic development

"The creation of an economic component is essential to develop activities which cannot prosper in an environment of piracy, to ensure the sovereignty of the Somali authorities over their territory and to regulate the activities of the services so that their development does not participate in the rise of piracy” emphasizes the report. Several sectors of activity are priorities, according to the report: “port and fishing activities, the export of livestock, the regulated development of telecommunication services".

Track down the sponsors and financiers of piracy

He also considers it necessary to go up the channels. It's necessary "strike the piracy networks at their heads, by attacking the sponsors, perfectly identified, but who shelter in territories where they are protected". It is therefore "indispensable" to strengthen the "forensic investigation capacities of the States of the region, to facilitate the admissibility of evidence in court and to apply individual sanctions against the sponsors".

A coastguard corps

Jack Lang also wants "strengthen the capacity of the Somali authorities to ensure, through their sovereign forces, the security of their territory". He proposes to "restore
police units in lawless areas" and of "form the coastguard function in its terrestrial dimension".

A structure for the fight against piracy

A high-level donors' conference should make it possible to raise the funds necessary to finance the plan. While a new Security Council resolution could take up the main points (of a legal and political nature) contained in the report. Jack Lang advocates above all the establishment of a "institutional structure"in order to facilitate the implementation of this resolution, under "the aegis of a high-level personality with extensive experience within the United Nations".