The impunity of pirates and the risk of destabilization, according to Jack Lang
Le rapport sur la piraterie maritime dans l’Océan indien que vient de remettre au secrétaire général de l’ONU, Jack Lang, est très intéressant. Peu de rapports (et même d’études doctrinales ou d’écrits journalistiques) atteignent, selon moi, à la fois cet esprit de synthèse, la justesse de l’analyse et des propositions très concrètes, ciblées sur les problèmes les plus cruciaux du moment. En moins d’une heure, vous aurez à sa lecture une vision précise des enjeux que représente ce phénomène grandissant non seulement en matière judiciaire (c’était l’objet primaire du rapport) mais aussi en matière économique et politique. Je ne donc que recommander sa lecture complète. En voici quelques éléments…
9 out of 10 pirates freed
Jack Lang confirms this in black and white in his report. Currently pirates have free rein in the Indian Ocean, risking at most only an arrest, but very rarely a prosecution. " If the current solutions have had the merit of allowing, on an ad hoc basis, the prosecution of around a third of the captured pirates, from 2008 to the beginning of 2010, they have now reached a standstill, since this ratio is less than 10% since autumn 2010. This will come as no surprise to readers of this blog.
" Thereby more than 90% of pirates captured by States patrolling at sea would now be released without being tried. ". Some cases of recidivism have been identified, whereas the pirates arrested had been previously released for lack of a host State to initiate their prosecution.
Where are the imprisoned pirates
The 738 pirates (suspected and convicted) transferred? judicial authorities are currently
held in 13 countries. Mainly in the region (338 in Somalia including 78 in Somaliland and 260 in Puntland, 120 in Yemen, 136 in Kenya, 47 in the Seychelles, 12 in Oman, 1 in Tanzania and 34 in the Maldives in the process of repatriation in Somalia where they will not be judged). Some in Europe (15 in France, 10 in Germany, 10 in the Netherlands, 2 in Spain, 1 in Belgium) and in the United States (12 pirates).
A necessary sharing of the burden
It is also to a general mobilization of the States to judge the people suspected of piracy” to which calls Jack Lang. The " overall burden sharing should be better distributed », He explains. " Prosecutions by the flag States of the victim ship remain marginal to date and should be much more frequent. In the short term, it is essential that all States, including the flag States of the victim ship, bring the pirates to justice."
Car l’action en mer si elle a été efficace (le corridor dans le Golfe d’Aden est sécurisé et les convois du PAM sont assurés), elle souffre de l’extension de la zone par les pirates. « The attack success rate seems to be leveling off at an incompressible level of around a quarter (26,6% in 2010). »
A real industry in rapid development, sophisticated techniques
Pirates are in ever increasing number ". From around 1500, according to the Transitional Federal Government, they come even today from inland ". We are witnessing aescalation in violence of attacks (first-line recourse to the use of AK-47 automatic weapons and RPG-7 rocket launchers)”.
There is also a " sophistication of the operating mode » increasing use of mother ships as a rear base for boarding skiffs, GPS, AIS data, satellite phones and counterfeit detectors; organization of refueling at sea for captured boats to organize their journey to Somalia.
But for the report, more than the material means, it is above all the organizational capacities that are reinforced during the attack at sea, but also a? land and in the home port for logistical support brings? at? the negotiation of ransoms and a? the detention of hostages. " Pirates have now acquired the ability? to manage a large number of catches over a long period of time, ensuring regular income all year round, even during monsoon periods. »
L’économie de la piraterie prend le dessus
« The economy of piracy is thus gradually taking precedence over the traditional economy, due to the development of activities? land in support of pirates, the lack of job-creating investments in an environment of insecurity? widespread, and the de?structuring effect of piracy on society? Somalia which feeds a vicious circle. »
The risk is certain according to Jack Lang. " The impunity that results from these so-called “catch and release” practices tends to make the risk/gain ratio of pirates negligible and to encourage piracy. Extremely attractive, this criminal activity is seen as an almost infallible way to get rich. »
A risk of destabilization economic
It poses a risk of additional destabilization for Somalia. A single figure sums up this imbalance. The annual revenue of the Puntland region is assessed by the African Development Bank a? 16 million dollars for 2009, while the receipts from piracy are estimated at? 82 million dollars the same year, according to the Monitoring Group on Somalia of the United Nations.
Les pays bordant l’Océan indien souffrent. Directement. Les Seychelles ont subi une perte, en 2009, de 4% du PIB due essentiellement à la chute des recettes provenant du tourisme et de la pêche. Indirectement. Les primes d’assurance « would have quadrupled on the passage of this zone, classified as a war zone ". Which leads to an increase in the price of raw materials, “ not only in Kenya and Tanzania, but also in landlocked countries served by the East African coast » (Burundi, Ethiopie, Malawi, Ouganda, Est de la Re?publique de?mocratique du Congo, Rwanda, Zambie). De fait, c’est « the whole of the Horn of Africa (which) is experiencing a decrease in activity? ports, maritime traffic and imports, posing a risk to the energy supply of East African countries. Only three ships supply gas to Tanzania, Mauritius, the Seychelles, Madagascar and the Comoros. »
Local collusion with Islamists
The Islamic risk he does not believe in it completely. But you have to be careful. Occasional collusions exist. Today, the departure of pirates from southern Somalia to areas controlled by the Shabaab " suggests one-off agreements guaranteeing the pirates peace of mind against a share of the ransom (which can, it seems, go up to 30%). Such passive collusion, for example in the Kismayo region, aggravates the destabilization of Somalia, by fueling the recruitment of insurgent militias and the arms trade in violation of the embargo. »
Read also:
- Jack Lang's report hailed in Brussels
- Jack Lang's 25 Solutions to Piracy
- Jack Lang: Nothing prevents me from thinking about political solutions for Somalia
On new pirate tactics (use of shield or supply ships):
