Briefing on Maritime Security in the Gulf of Guinea
Briefing on Maritime Security in the Gulf of Guinea
Date | 17 September 2023
Tomorrow (18 September) the African Union (AU) Peace and Security Council (PSC) will convene its 1174th Session that is dedicated to Maritime Security in the Gulf of Guinea.
The PSC Chair for the month and Permanent Representative of Cameroon to the AU, Ambassador Ewumbue-Monono Churchill will be delivering the opening remarks. The Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is also expected to make a statement. Additionally, a briefing is expected to be delivered by the newly appointed Executive Secretary of the Gulf of Guinea Commission (GGC), José Mba Abeso, while the representatives of the Inter-Regional Coordination Centre, Yaoudé (CRESMAO/CRESMAC); the Coordinator of the Experts for the Establishment of the Regional Maritime Task Force; as well as the representatives of the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS) are expected to deliver statements.
The PSC have so far dedicated various sessions for the consideration of maritime security issues in the continent. Amongst those sessions, in 2022, the PSC has convened two sessions (1128th and 1090th sessions) particularly focused on the Maritime Security situation in the Gulf of Guinea (GoG). Similarly, Piracy and armed robbery at sea in the GoG have resulted in three United Nations Security Council (UNSC) resolutions (S/RES/2634 (2022), S /RES/2039 (2012) and S /RES/2018 (2011)).
The last session of the PSC that addressed the issue of maritime security in the GoG was the 1128th session held on 19 December 2022 during Nigeria’s Chairship. In the Communique released following the session, the PSC reiterated its concern over the insecurity posed by pirates and organized criminal networks operating in the GoG. Apart from this communique the decline in the number of piracy and armed robbery incidents was also highlighted in the UNSC Resolution 2634 and the UN Secretary General’s report that was released in November 2022.
However, not only that this decline is not steady but also is not indicative of the absence of maritime security in the GoG. According to the International Maritime Bureau (IMB), compared to 84 attacks on ships and 135 kidnapping of seafarers in 2020 the data has shown a significant decrease in recent years. While there were 45 incidents in 2021, there were only 11 in 2022. This trend changed during this year. Despite the positive progress observed in the past two years, the IBM’s 2023 Mid-Year Report raises concern about the resurgence of maritime piracy and armed robbery in the GoG. The report indicates that 15 incidents were recorded from January – June 2023, which is higher than the total number of incidents recorded in the entire year of 2022. The UN Secretary General has also indicated new worrying trends and ‘a noticeable shift’ in the geographical location of piracy incidents from ECOWAS to ECCAS.
In order to further diminish maritime insecurity, the PSC at its 1128th session, among others, called for enhancement of the institutional capacities of national navies, law enforcement and border control agencies and the adoption of measures that ensure permanent presence of African naval forces at sea. In the light of the increase in incidents of maritime piracy and armed robbery, during tomorrow’s session, apart from following up on these decisions and deliberating on the factors behind the spike in incidents of piracy and armed robbery during 2023, the PSC members may consider requesting the AU Commission to develop, in consultation with the Gulf of Guinea Commission, a plan for the deployment of the naval force whose permanent presence it called for during its previous session.
Additionally, while as pointed out in the UN Secretary-General’s report that increased conviction of pirates by national authorities, naval patrols, improved cooperation among countries of the region, and deployment of non-GoG navies contributed to mitigating maritime insecurity in GoG, these security measures need not only to be strengthened but also to be complemented by non-security measures that also target the root causes of maritime insecurity. As such, basing its premises upon the multidimensional nature of maritime security threats, the PSC may focus on the overlooked aspects of the issue. In doing so, it may be useful for the PSC to center its discussion on the implementation of the continental and regional legal and policy frameworks, such as the African Charter on Maritime Security and Safety and Development in Africa (Lomé Charter), the 2050 African Integrated Maritime Strategy (2050 AIMs) and the Yaoundé Code of Conduct.
In this regard, it is important to note that the Lomé Charter is yet to come into force with the ratification of only three countries and some of its important provisions are pending further discussions before being added as annexes to the Charter. Given its importance, the PSC in different sessions has urged all Member States to ratify the Charter by reiterating the importance of the Charter as an African instrument for promoting peace, security and safety in Africa’s maritime domain.
Additionally, the eight draft annexes to the Charter that were revised by the AU Maritime Taskforce seek to regulate the marine environment as well as the development aspect of maritime security. To this end, in its 682nd session that was held in April 2017, the Council requested the AU Commission to expedite the finalization of the draft annexes. Subsequently, during the 858th session that was held in July 2019, the AU Commission was requested ‘to include the consideration of the draft Annexes to the Lomé Charter in the agenda of the upcoming sessions of the relevant Specialized Technical Committees (STCs)’ A further request was made ‘to organize a meeting of the STCs Coordination Mechanism for the development of a roadmap on the finalization of the draft annexes to the Lomé Charter, before end of the year’ (2019). However, the current status of these annexes is not known and looking back at the previous sessions of the PSC, no updates were given to the PSC on progress made with regards to the annexes. Hence, it is also pertinent that the Council follows up on the progress towards the development of the annexes and the entry into force of the Lomé Charter.
With respect to measures at the continental level, one of the key decisions of PSC’s earlier session was the establishment of a body of experts or a Task Force to coordinate, share knowledge and make recommendations on maritime security. It is to be seen whether the AU Commission will provide update on this. The other decision for update concerns the decision for the conduct of the first-ever Regional Maritime Command Post Exercise within the framework of the African Standby Force (ASF) and Combined Maritime Task Force (CMTF). The Council planned a follow-up session in March 2023 during Tanzania’s chairship of the PSC to review the progress of the exercise. However, the session was postponed, although the 1159th PSC session expressed its anticipation for the successful execution of the planned ASF continental maritime exercise. It is however worth noting that current financial, logistical, institutional and political dynamics in the AU and continentally are far from conducive for the conduct of such exercise.
Another expected issue to be discussed in tomorrow’s meeting is the other security measure that the PSC envisioned during its 1012th session in July 2021, which is the need for a naval capacity within the ASF framework to address maritime security threats in Africa. To this end, the 1159th session held in June 2023 emphasized the importance of having a maritime component within the ASF to support maritime trade and enable the implementation of the African Continental Free Trade Area (AfCFTA). However, the Council may need to clarify what the creation of a naval capacity within the ASF framework mean to the already existing plethora of security initiatives.
On the other hand, as a regional instrument, the Yaoundé Code of Conduct serves as the primary framework for addressing piracy and maritime crimes in the Gulf of Guinea (GoG). Signed by 25 countries from West and Central Africa, this non-binding instrument utilizes the Yaoundé Architecture as a regional framework to mitigate maritime threats. Recently, the Yaoundé Code of Conduct reached its 10-year milestone since its adoption in June 2013. In an effort to strengthen the existing framework, the Third Extraordinary Session of the Assembly of Heads of State and Government of the Gulf of Guinea Commission (GGC) was convened in Accra on 25 April. During this meeting, the heads of state instructed the GGC to create a strategic framework within a three-month timeframe. This framework will include an evaluation of existing systems and structures, leveraging successful ones and investigating methods to strengthen areas that need improvement.
During the upcoming PSC session, it is expected that the Council will receive a briefing on these developments. The session may also present the opportunity to assess the effectiveness of the Yaoundé Code of Conduct and discussions are expected to focus on exploring ways to further strengthen existing mechanisms.
In this evaluation process, it is important to consider the challenges outlined in the UN Secretary General’s report. While highlighting that the Yaoundé Architecture has made notable progress towards achieving some of its primary objectives, the report identified inadequate staffing, a lack of appropriate equipment and logistical support, and unpredictable and unsustainable financing as significant barriers. Moreover, the report also emphasized challenges related to the timeliness and effectiveness of information. In this regard, by taking into consideration that the suppressive approach adopted by the Yaounde Architecture lacks the mechanisms to address the root causes of the problem, the PSC may explore ways to address the root causes that are resulting the cyclical effect on maritime crimes. By extension, this will also require the PSC to assess the underlying governance concerns.
Another significant matter that warrants the attention of the PSC is the linkage between maritime security and the implementation of the African Continental Free Trade Area (AfCFTA), which is a key focus for the AU this year. With 38 coastal states out of 55, Africa heavily relies on maritime transport for its imports and exports, with 90% of trade being transported by sea. The successful implementation of the AfCFTA has the potential to significantly boost intra-African trade and industrialization. As stated by the Acting Executive Secretary, Mr. Antonio Pedro of theEconomic Commission for Africa (ECA), the AfCFTA could increase intra-African trade by 34% in 2045. However, achieving the promise of the AfCFTA requires not only improved transport infrastructure but also enhanced maritime safety and security measures.
As trade increases and shipping levels rise, there is a growing need for effective safety measures at sea. Again, it is crucial to address the root causes of maritime insecurities to ensure long-term resolution of the problem. In this regard, it is expected that the PSC will highlight that this goes beyond simply reducing the number of incidents and requires a comprehensive approach to maritime safety and security.
The expected outcome of the session is a communiqué. The PSC is expected to express serious concern over the resurgence in piracy and armed robbery in the Gulf of Guinea region as well as the economic cost to the countries of the region. The PSC may further express concern regarding the emerging shift in the geographical location of piracy incidents from ECOWAS to ECCAS regional waters, and in that regard, it may call upon Member States in the region, ECOWAS, ECCAS, and the GGC to enhance cooperation and coordination in the fight against maritime crimes in the GoG. The PSC may encourage Gulf of Guinea states that have developed and enforced domestic legislation to prosecute maritime crimes, notably piracy and armed robbery and call on those states that have not done so to enact national laws that allow for the prosecution of pirates and maritime criminals. The PSC may also emphasize on the need to give equal focus on a non-repressive/security approach that aim at solving factors such as enabling coastal communities to benefit from the use and development of maritime resources. The PSC may encourage Member States that have not yet signed and ratified the Lomé Charter, taking into account the ongoing review of its annexes, to consider signing and ratifying the Charter. In this regard the PSC may also encourage Member States to make all necessary efforts in implementing 2050 AIMs and its Plan of Action. The PSC may acknowledge the political determination of Member States in the region, as demonstrated by their efforts to implement the Yaoundé architecture and enhance enforcement measures. However, it may also underscore the importance of addressing the remaining obstacles to fully operationalize the architecture. PSC may request the AU Commission as a follow up to its 1128th session decision on the presence of naval forces to develop, in consultation with the Gulf of Guinea Commission, a plan for the deployment of such forces. Similarly, the PSC may also request the AU Commission to report to it concrete action plans with respect to the establishment of the proposed body of experts or a Task Force to coordinate, share knowledge and make recommendations on maritime security and the finalization of the eight annexes to the Lomé Charter with clear timelines.
Briefing on the maritime security in the Gulf of Guinea
Briefing on the maritime security in the Gulf of Guinea
Date | 19 December 2022
Tomorrow (19 December), the African Union (AU) Peace and Security Council (PSC) will convene its 1128th session to receive briefing on the maritime security in the Gulf of Guinea (GoG).
The session is expected to start with opening remarks from the Permanent Representative of Nigeria to the AU and Chairperson of the PSC for the month, Victor Adekunle Adeleke, followed by a statement from AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye. The Executive Secretary of the Gulf of Guinea Commission (GGC), Florentina Adenike Ukonga, will make presentation while the representatives of the Inter-regional Coordination Centre, Yaoudé (CRESMAO/CRESMAC); the Coordinator of the Experts for the Establishment of the Regional Maritime Task Force; as well as the representatives of the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS), and the Indian Ocean Commission are expected to deliver statements. The representatives of United Nations Office to the African Union (UNOAU) and European Union (EU) may also deliver statements.
The issue of maritime security in the GoG has been gaining attention both at the PSC and UN Security Council in recent years as piracy and armed robbery at sea continues to persist. This hugely affects the shipping industry and the economy of the coastal states of the region and beyond. The financial loss occasioned by these acts is estimated to be over US$1.9 billion every year. It is the second time that PSC is dedicating a session on maritime security in the GoG in less than six months. The last dedicated session was at its 1090th meeting on 28 June this year under the chairship of Congo. Before that PSC also considered maritime security in the region at its 1012th session in July 2021 during the chairship of Nigeria, also highlighting the political weight that countries of the GoG attach to the issue. On the side of UN Security Council, it is to be recalled that UN Security Council unanimously adopted a resolution on maritime security in the GoG (S/RES/2634(2022)) on 31 May this year, which was co-sponsored by Ghana and Norway. Most recently, on 22 November, the Security Council also held a briefing on piracy in the GoG and received the Secretary General’s report on the ‘situation of piracy and armed robbery at sea in the Gulf of Guinea and its underlying causes’.
In its last dedicated session on maritime security in the GoG, PSC expressed its ‘deep concern’ over the threat of piracy and armed robbery at sea in the region and called upon the AU Commission, among others, to undertake assessment of the implementation of all instruments and frameworks on maritime security with the view to addressing the gaps and propose strategies to enhance their implementation. It further directed the Commission to set up ‘a body of experts or a Task Force’ to provide technical expertise to Member States and other stakeholders on maritime security in the continent. PSC’s 1012th session further envisioned a naval capacity within the African Standby Force (ASF) framework to address maritime security threats in the continent. Tomorrow’s session therefore affords PSC the opportunity to follow-up the implementation of its previous decisions, as well as receive updates on the state of maritime security in the GoG and inform next steps.
Despite the persistence of the problem, the GoG has witnessed a downward trend of piracy and armed robbery at sea. According to the recent UN Secretary-General Report (S/2022/818) submitted to the Security Council, maritime crime including piracy and armed robbery at sea dropped from 123 in 2020 to 45 in 2021, and this trend has continued in 2022 as well. The decline in number of incidents is attributed to increased naval patrols by Nigeria, the impact of piracy convictions in Nigeria and Togo, improved cooperation among countries of the region, and deployment of non-GoG navies, among other factors. Despite this encouraging development, not only the security threat persisted but also new worrying trends are also emerging. In that regard, Secretary-General’s Report notes ‘a noticeable shift’ in the geographical location of piracy incidents from ECOWAS to ECCAS regional waters, further highlighting the need to enhance cooperation and coordination between the regional mechanisms in tackling the threat.
GoG countries have launched various initiatives including efforts to put the necessary legal and institutional frameworks in place as part of the efforts to address piracy and armed robbery at sea in the region. One of such notable initiatives at the national level is Nigeria’s US$ 195 million worth ‘Deep Blue Project’ to counter piracy and armed robbery at sea in the region. The country also passed an anti-piracy bill, the Suppression of Piracy and Other Maritime Offences Act, in 2019. In 2021, two convictions for piracy were secured in Nigeria and Togo for the first time in the West Africa region. It is worth noting that only five countries (Cabo Verde, Liberia, Nigeria, Senegal, and Togo) have passed bills that criminalize piracy.
At the regional level, the Yaoundé maritime security architecture, which culminated from the signing of the Yaoundé Code of Conduct in June 2013 by 25 West and Central African Countries, remain at the heart of the regional strategy for maritime security. The architecture envisages the establishment of regional centres for information sharing and coordination including the Interregional Coordination Centre (ICC) in Yaoundé (Cameroon), the Regional Centre for Maritime Security of West Africa (CRESMAO) in Abidjan (Côte d’Ivoire), and the Regional Centre for Maritime Security of Central Africa (CRESMAC) in Pointe-Noire (Congo). Five Multinational Maritime Coordination Centres are also set-up to monitor maritime activities and share actionable maritime security-related information at the inter-zonal level. Currently, there are efforts to establish a Regional Maritime Task Force for the GoG in line with PSC communique adopted at its 1012th session. To that end, the Chiefs of the Naval Staff who met in Port Harcourt, Nigeria, in May 2022, agreed to set-up a technical expert committee to expedite the creation of the regional maritime task force, which will contribute to the better maritime security of the region. International partners have also stepped-up partnership support to the ongoing regional efforts including through Gulf of Guinea Maritime Collaboration Forum and its Shared Awareness and Deconfliction (SHADE), the G7++ Friends of the Gulf of Guinea, and the European Union Coordinated Maritime Presences in the Gulf of Guinea.
Despite progress achieved in terms of operationalizing the Yaoundé architecture over the years, lack of predictable and sustainable funding, limited capacity, and lack of clarity over division of labour among the different structures remain critical challenges for its full operationalization.
The African Charter on Maritime Security, Safety and Development in Africa (Lomé Charter) adopted in 2016, the 2050 Africa’s Integrated Maritime Strategy (AIMS) adopted in 2014, and the revised African Maritime Transport Charter adopted in 2010 are among the relevant instruments to maritime security at the continental level. It is worth recalling that PSC, at its 1090th session in June, requested the AU Commission to review the implementation of all the existing instruments and frameworks on maritime security with the view to enhancing their implementation. Members of the PSC may wish to hear from the Commission if there is any progress in the review process.
Another issue likely to be emphasized in tomorrow’s session is the imperative of adopting comprehensive strategy against maritime insecurity in the region. The ongoing security responses are indeed necessary but not sufficient to meaningfully address the threat of piracy and armed robbery nor to sustain the recent gains. The phenomenon of piracy and armed robbery at sea in the region is attributed to multiple factors including bad governance, high poverty and unemployment, weak natural resources governance, environmental degradation, illegal and unregulated fishing, and inadequate access to public services. Any strategy- whether at national, regional, or continental level- therefore need to fully recognize the underlying socio-economic, political governance and environmental challenges that underpin the menaces in the maritime domain.
The expected outcome of tomorrow’s session is a communique. The PSC is expected to express serious concern over the persistence of the threat of piracy and armed robbery at sea in the GoG as well as the economic cost to the countries of the region. While PSC may welcome the recent declines in the instances of piracy and armed robbery at sea in the region, it may also express concern over the emerging shift in the geographical location of piracy incidents from ECOWAS to ECCAS regional waters, and in that regard, it may call upon Member States in the region, ECOWAS, ECCAS, and the GGC to enhance cooperation and coordination in the fight against maritime crimes in the GoG. PSC may emphasize the importance of international support to the region, but it is also expected to underscore the primary responsibility of the countries of the region for combating piracy and armed robbery at sea. In that regard, PSC may commend Member States of the region for the political will as reflected in the positive steps taken to operationalize the Yaoundé architecture and strengthen enforcement mechanisms, but it may further emphasize the need to address the remaining challenges for the full operationalization of the architecture. PSC is also expected to welcome the creation of the technical expert committee for the establishment of the Regional Maritime Task Force for the GoG and may call upon Member States and partners to support their effort for the realization of the task force. PSC may urge Member States of the region to put in place the necessary legal framework for the criminalization and prosecution of perpetrators under their domestic laws. In that regard, PSC may commend Nigeria and Togo for the first-ever conviction of piracy under their anti-piracy laws. In light of the multidimensional nature of the threat of piracy and armed robbery at sea in the region, PSC may also underline the imperative of adopting a comprehensive strategy that addresses the underlying causes of the threat.
Maritime Piracy in the Gulf of Guinea
Maritime Piracy in the Gulf of Guinea
Date | 28 June 2022
Tomorrow (28 June 2022), the African Union (AU) Peace and Security Council (PSC) will convene its 1090th session to discuss maritime piracy in the Gulf of Guinea.
Following opening remarks by Daniel Owassa, Permanent Representative of Congo to the AU and Chairperson of the Council for the month of June, Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security is expected to deliver statement while the representative of the Gulf of Guinea Commission (GCC) is scheduled to make presentation. The representatives of Congo, Sao Tome and Principe, Equatorial Guinea, Nigeria, Gabon, and Angola will also make statements in their capacity as members of the GGC. In addition to the representatives of Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS), the representatives of the Indian ocean Commission, United Nations Office to the African Union (UNOAU), and the European Union (EU) are also expected to make statements.
The last time Council considered the issue of maritime security in Africa was at its 1012th session, which was convened on 23 July 2021 under the chairship of Nigeria. In that session, Council, among others, expressed its ‘deep concern over the challenging situation in some regions and areas of Africa’s maritime security domain’. Council also condemned the ‘illegal exploitation of Africa’s maritime resources and the dumping of toxic waste in Africa’s maritime domain’. This session is expected to focus on the maritime insecurity in the Gulf of Guinea, which has overtaken the Gulf of Aden and the Horn of Africa over the past few years, turning the region into the world’s major hotspot for piracy, armed robbery at sea and other forms of maritime crime including transnational organized crime, oil and cargo theft, illicit trafficking and diversion of arms, drug and human trafficking, illegal trade and smuggling, and illegal, unreported and unregulated fishing (IUU). As such, tomorrow’s session presents Council the opportunity to assess the maritime security situation of the Gulf of Guinea and explore ways and means to effectively respond to the situation. It is to be recalled that a resolution on maritime security in the Gulf of Guinea (S/RES/2634 (2022)) – co-sponsored by Ghana and Norway – was unanimously adopted by the UN Security Council on 31 May, a decade after its last resolution on the issue.
Stretched from Angola to Senegal and covering around 11,000 square kilometres (4,247 sq. miles), the Gulf of Guinea remains one of the world’s most important shipping routes for both Gulf of Guinea oil exports from the Niger Delta and consumer goods to and from central and southern Africa, accounting for 25 % of African maritime traffic. Piracy has continued to emerge ‘almost exclusively’ from Nigeria’s oil rich Niger Delta though attacks also take place elsewhere, according to Dryad Global.
Although it is difficult to establish the exact cost of maritime insecurity in the region, a recent report by the UN Office on Drugs and Crime (UNODC) revealed direct, indirect and opportunity costs to the region and beyond. One source claim that piracy in the region costs the coastal states some 2 billion USD a year. As UNODC’s study rightly pointed out, the cost will not be however limited to the coastal states but also ‘trickle along trade corridors to the heart of the continent’, highlighting the importance of the issue for countries beyond the coastal states.
The maritime security landscape of the Gulf of Guinea has been changing over the years. Maritime incidents are no longer restricted to territorial waters but increasingly occurring further offshore often outside of the Exclusive Economic Zones. The threat has spread outward from the shore with pirates operating over a vast region extending hundreds of miles from the coast, showing a worrying trend of increasing operational capability of pirates. While incidents have turned increasingly violent, kidnap for ransom has also become the most significant risk to commercial operations in the region. Moreover, a dangerous linkage between piracy and terrorism is also evolving in the region as the tentacles of terrorist groups operating in the Sahel is reaching to the Gulf of Guinea. In this connection, members of Council could be interested to know more about how piracy and armed robbery in the region interact with the expansion of terrorism and violent extremism as well as the resurgence of coups, and how these can impact the peace and security situation of the West and Central Africa regions.
Despite the grim picture however, the maritime security landscape of the region recorded a notable improvement in 2021 though the sustainability of such gain remains questionable. The 2021 annual report of Dryad Global, a maritime risk company, indicates that piracy off West Africa in 2021 declined dramatically with 56% drop from previous year. It further highlights that incidents of actual and attempted attacks and vessels being fired upon decreased by more than 85%. The number of vessels boarded throughout the region fell by 54% while incidents of crews being kidnapped declined by 60%.
Many attributes the decline in piracy in the region with Nigeria’s 195 million USD Integrated National Security and Waterways Protection Infrastructure, otherwise known as the Deep Blue Project (DBP), though some like the Dryad Global doubts this. On the other hand, Linda Thomas-Greenfield, United Representative at the UN, during UN Security Council meeting on maritime security in May associated the crimes decrease with enhanced international collaboration. The blue project of Nigeria, initiated in 2017 but officially launched this month, brings together a mix of special mission vessels, fast interceptor boats, special mission aircraft, helicopters, and drones to patrol the shipping lanes off Nigeria’s coast. It is to be recalled that the country passed an anti-piracy bill, the Suppression of Piracy and Other Maritime Offences Act in 2019, to stem the rising trend of piracy in the region. During the launch ceremony on 10 June, President Muhammadu Buhari stated that the Deep Blue would ‘advance the security architecture and ensure greater enforcement action in Nigerian waters and beyond’, particularly in the prosecution of suspects under the Suppression of Piracy and other Maritime Offences Act.
While the project is a significant positive development to tackle the immediate maritime security concerns in the region, the long-term success of this initiative in turning the tide against piracy is not guaranteed nor the gains of last year remain sustainable without addressing the underlying causes of piracy and armed robbery. The absence of economic opportunities and governance deficit have become major drivers of piracy and other criminal activities in the region. It is imperative that the security measures are complimented with addressing such underlying conditions if the threat is to be resolved sustainably. On a related note, it is worth noting that the UN Security Council resolution 2634 (2022) requested the Secretary-General to report on the situation of piracy and armed robbery at sea in the Gulf of Guinea and its underlying causes, including any possible and potential linkages with terrorism in West and Central Africa and the Sahel.
Another important factor to stem maritime insecurity in the Gulf of Guinea is the need to strengthening the existing frameworks and institutions created to address the security challenges in the Gulf of Guinea, as well as enhancing cooperation and coordination between the plethora of structures. In this respect, the Yaoundé Architecture for Maritime Security and Safety, a culmination of a meeting between ECOWAS, ECCAS and GGC in Yaoundé, Cameroon, in 2013, is at the centre of such mechanisms designed to address the maritime insecurity in the region. While significant progress has been made towards its operationalization and strengthening cooperation with international partners, limited capacity continues to remain a challenge for the effectiveness of the architecture. Yaoundé Code of Conduct, Africa Integrated Maritime Strategy (AIMS) 2050, African Charter on Maritime Security and Safety and Development in Africa (Lomé Charter) are also relevant instruments available at regional and continental level.
The presence of different structures and initiatives at national, regional, and international levels to address maritime insecurity in the Gulf of Guinea also raises the question of coordination. One notable development of interest to the Council in this respect is the establishment of the Gulf of Guinea Maritime Collaboration Forum and Shared Awareness and De-Confliction (GoG-MCF/SHADE) last year. The platform was created by Nigeria and the Inter-Regional Coordination Centre (ICC) – representing 21 countries in the Gulf of Guinea – to serve as a platform for navies, industry partners and other relevant stakeholders from across the Gulf of Guinea and beyond with the view to harmonising counter-piracy efforts and communication in the region. International partners such as the G7++ Friends of the Gulf of Guinea and the European Union have also stepped in to support regional efforts against piracy.
Adding to the above structures, the PSC in its last session on the theme also envisioned a naval capacity within the African Standby Force (ASF) for promoting maritime and security and safety in Africa though its practicality would remain a problem. This will be in addition to the Counter-terrorism unit which Council decided to establish within the ASF at its 960th session held on 28 October 2020.
The expected outcome of tomorrow’s session is a communique. Among others, Council is expected to express concern over the persistent threat posed by piracy, armed robbery, and other forms of maritime crime in the Gulf of Guinea. It may further express concern over the trend of the expansion of the threat posed by pirates far from the coast, as well as the economic implications of the threat on the coastal states. Council is likely to welcome the launch of Nigeria’s Deep Blue Project on 10 June 2022 and may appeal to international partners to provide the necessary support to the effective implementation of the project. It may also re-emphasize the importance of adopting a comprehensive solution to the multidimensional underlying causes and drivers of maritime insecurity in order to sustainably address the problem. Echoing UN Security Council Resolution 2634 (2022), Council may urge member states in the region to criminalize piracy and armed robbery at sea under their domestic laws, and may further call to investigate, prosecute, or extradite, in accordance with applicable international law, perpetrators of piracy and armed robbery at sea. Taking note of the decline of piracy in the region over the past year, Council may encourage coastal states to keep the momentum and sustain the gains through continued collaboration and strong coordination among states of Gulf of Guinea as well as the different initiatives and institutions including the Yaoundé Architecture, AU, ECOWAS, ECCAS, and GGC in the fight against piracy and armed robbery at the sea of Gulf of Guinea.
The state of Maritime Security in Africa
Maritime Security
Date | 23 July, 2021
Tomorrow (23 July) the African Union (AU) Peace and Security Council (PSC) is set to convene its 1012th session on the state of maritime security in Africa.
Following the opening remarks of the Chairperson of the PSC, Victor Adenkunle Adeleke, the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is expected to make a statement.
Given the increasing maritime insecurity in the continent, tomorrow’s session presents the Council the opportunity to assess the overall maritime security situation of the continent with particular focus on the Gulf Guinea, receive update on the status in the implementation of regional and continental maritime security frameworks, as well as explore ways and means to effectively respond to maritime insecurity in the continent.
As recent data demonstrates, incidents of piracy and kidnapping for ransom of seafarers continue to be major challenges along the Gulf of Guinea. According to reports of the International Maritime Bureau (IMB), the region experienced 50% increase between 2018 and 2019, and 10% increase between 2019 and 2020 in incidents of kidnapping for ransom. In 2020 alone, there were 84 attacks on ships and 135 kidnappings of seafarers. In the first three months of 2021, the region accounted for 43% of all reported piracy incidents while over 14 crew members were abducted in three incidents of kidnappings recorded within the year so far. Currently, the region is said to account for just over 95% of all kidnappings for ransom at sea. In addition to piracy and kidnapping for ransom, the region is also highly prone to other maritime crimes including armed robbery, transnational organised crime, illegal fishing, and illegal trafficking and smuggling of goods.
In addition to the increase in maritime crimes, studies also indicate the increasingly violent nature of such incidents. For instance, the use of guns was reported in 80% of kidnappings for ransom which took place during 2020. This is a sharp shift from the nature of piracy experienced in the region a few years back, which was limited to occurrences of cargo theft. Another growing trend in the nature of maritime crimes in the Gulf of Guinea is the broadening and extension of risk zones. That is, while most cases of piracy and kidnappings initially used to take place within the territorial waters of coastal States, the more recent incidents tend to take place further from shores and within the high seas – at 200 nautical miles from the coastline according to data recorded by the IMB. These trends in turn underscore the importance of strengthening international and regional efforts and collaborations aimed at addressing the risks to maritime security in the region.
Because most of the security challenges in the Gulf of Guinea previously took place under 200 nautical miles from coastline, States in the region resisted the idea of an international presence to respond to maritime security threats which were usually categorised as armed robberies as opposed to piracy. With the distance from shorelines highly increasing and the nature of crimes also getting more volatile, the incidents in the Gulf of Guinea are nowadays prompting comparisons with piracy in the horn region, along the coastline of Somalia. Although shipping companies operating in the region are growingly showing support for international responses, it is more likely that Gulf of Guinea States would prefer continued support from the international community to boost their capacity in averting threats to maritime security instead of handing over the responsibility to outside entities.
While reflecting on possibilities of new international responses is important, it is also essential to emphasise the importance of effective implementation of existing regional frameworks such as the Yaoundé Code of Conduct and the African Charter on Maritime Security, Safety and Development in Africa (Lomé Charter) in order to effectively address maritime security challenges in the region. At its 858th session dedicated to the same theme, the PSC focused on the finalisation, signature and ratification of the draft Annexes to the Lomé Charter. The upcoming session presents Council the opportunity to follow up on the status of the draft Annexes which are basically aimed at incorporating within the Charter, all relevant AU structures, particularly those relating to economic mandate and were not involved in the development of the Charter. The pilot case of the European Union (EU)’s Coordinated Maritime Presences (CMP) concept, launched at the meeting of the Council of the EU on 25 January 2021 is also one of the most recent efforts representing international collaboration to address maritime security challenges in the Gulf of Guinea. The CMP establishes the Gulf of Guinea as a Maritime Area of Interest (MAI) and aims to support coastal States in addressing challenges which undermine maritime security and good governance in the region.
At the national level, it is also crucial to properly identify and take timely measures against the root-causes of piracy and other maritime crimes including poverty, high rate of youth unemployment, poor governance, lack of education, and weak law enforcement. In addition to locally addressing the underlying causes of maritime crimes, States in the region also need to harmonise their domestic laws with regional and international standards. In this regard, Nigeria’s anti-piracy laws (such as the Suppression of Piracy and other Maritime Offences Act of 2019 which prescribes stringent punishments against crimes committed in the maritime domain) and the initiatives such as the Deep Blue Project (launched in 2019 with the central goal of addressing insecurity and criminality in Nigeria’s territorial waters) could serve as lessons for more mobilisation of similar enterprises across the region.
It is also important to pay due regard to the economic impact of maritime insecurity and the constraints it imposes to the flow of trade and investment. As the Gulf of Guinea continues to growingly be regarded as one of the most dangerous shipping routes and insecure maritime environments in the world, the risk to economic development in the region, as well as the continent at large, also increases. Particularly with 90% of trade to west Africa coming by sea, the region’s economy is largely affected by concerns of maritime security. Not only is there a likelihood for the region’s reputation as a dangerous route to ward off potential traders, the increasing level of insecurity also inevitably results in the rise of business costs and increase in price of goods and services. While this has the potential to eventually devastate the economy of coastal States in the long-run, it also directly affects the livelihood of populations in the region. Hence, it is essential for response mechanisms crafted under any national, regional or international initiatives to take account of the economic aspect of maritime insecurity in the region.
The outcome of tomorrow’s session is expected to be a communiqué. In addition to reflecting on the security concerns along the Gulf of Guinea, Council may remark on the importance of strengthening Africa’s continental capacity to respond to security threats in the maritime domain, including through taking solid steps towards the implementation of the 2050 African Integrated Maritime Strategy. Council may also call on member States in the Gulf of Guinea to fortify their efforts through, among others, information sharing; interdicting suspicious ships; and apprehending and prosecuting suspected criminals in line with the Yaoundé Code of Conduct. It may also encourage littoral States to allocate sufficient funds for building up local and regional response mechanisms against maritime security threats. Having regard to the growing trend in further offshore incidents of maritime crimes in the Gulf of Guinea, Council may also stress the need for a more integrated regional approach towards addressing the challenges. Council may also note the low level of ratification of the Lomé Charter and urge member States that have not yet done so, to sign and ratify it (as of 2020, only two of the 35 AU member States that have signed the Charter have ratified it). The AU Commission may also be requested to take the necessary steps towards the finalisation of the draft annexes to the Lomé Charter.
State of implementation of the decisions of the Lomé Summit on Maritime Security and Safety
Maritime Security
Date | 16 July, 2019
Tomorrow (16 July) the African Union (AU) Peace and Security Council (PSC) will hold a session on the state of implementation of the decisions of the Lomé Summit on Maritime Security and Safety held on 15 October 2016. The session is expected to review the development of Annexes to the African Charter on Maritime Security, Safety and Development in Africa, Lomé Charter.
The agenda item is being tabled by Togo as the chair of the month and champion of Maritime Security, Safety and Development in Africa. The Office of the Legal Counsel is expected to brief the PSC. The briefing will update member states on the level of ratification of the Lomé Charter. It is also expected to provide an update on the development of the annexes.
As pointed out in the 682 PSC ministerial session the development of the annexes is aimed at including the relevant AU structures, particularly those with economic related mandate, which were not initially involved in the development of the charter. In this respect, the AU Assembly at its extraordinary summit in October 2016 tasked the African Union Commission (AUC) to: ‘[T]ake all necessary measures in order to convene Extraordinary session of the relevant Specialized Technical Committees(STCs) which were not involved in the elaboration process of the Charter namely: the STCs on Trade, Industry and Minerals, STC on Transport, Infrastructure, Energy and Tourism, STC on Monetary Affairs, Economic Planning and Integration and any other relevant STCs to enable them to consider issues falling within their respective mandates and submit their contributions to the African Charter, in the form of annexes’. The 682nd session of the PSC reiterated this request.
As a follow up to this, the AUC convened in January 2017 an ad hoc experts’ group, which after series of meetings and working closely with the AUC legal office, developed draft Annexes. The process for the finalization of the annexes envisaged that after the annexes were submitted for consideration of the joint meeting of the relevant STCs and incorporation of the inputs of the joint STCs, draft Annexes would then be submitted to the Justice and Legal Affairs STC which would consider and submit the draft Annexes to the Assembly for adoption. Despite the fact that the AU Assembly envisaged this process to be concluded by July 2017, the process has as yet to be finalized.
It is to be recalled that the Strategic Task Force for the implementation of Africa’s Integrated Maritime (AIM) Strategy met in 2018 in Addis Ababa, Ethiopia, to consider and validate the Draft Annexes to the Lomé Charter.
Central to the elaboration of the annexes is the need for full coverage in the Lomé Charter of the developmental aspects of the marine space through the contribution and participation of the economy and development structures of the AU. Blue economy is a key sector for the majority of Africa countries, 38 of 55 are coastal states and more than 90% of Africa’s imports and exports are transported by sea. Agenda 2063 recognizes that Africa’s Blue economy, which is three times the size of its landmass, as a major contributor to continental transformation and growth. Yet, Africa has as yet to properly make use of the potential of its marine space and resources. The 834 PSC session, reiterated the centrality of ‘effective management of Africa’s Blue Economy, in order to ensure that it significantly contributes towards promoting sustainable development, creates employment and improves the general well-being’.
In this regard the Lomé Charter is a groundbreaking instrument given that it’s the first continental legally binding framework that advances blue economy as well as maritime security agendas. The Charter by focusing on the linkage between blue economy and maritime security it also provides relevant definition of key terminologies and the common rules for the governance of the marine space of Africa.
The progress update is expected to provide a timeframe and highlight the outcome of the deliberations that took place at the Task Force level as well the continuing consultations with the various STCs until the subsequent submission of the annexes to the Assembly. In light of this, the briefing may also provide details on the role of the Task Force and other policy units in the subsequent steps.
Despite the recognition of the huge developmental role of the sector and the normative development efforts, the ratification and domestication process of the Lome Charter has been slow. The Lomé Charter requires that the treaty shall enter into force 30 days after the deposit of the 15th instrument of ratification. The slow pace of ratification thus far shows the need for a clear strategy for promoting ratification by AU member states. This may require establishment of a task force of member states and the AU Commission tasked with the development and implementation of such strategy.
Given the multidimensional nature of the issues addressed in the Lomé Charter and the role of various STCs, there is also a need for clarifying a coherent approach for ensuring implementation of the Charter. Tomorrow’s session in addition to providing update on the development process of the annexes, it may also address the institutional harmonization aspect. This has been particularly highlighted in the PSC 682 session, which called for a ‘follow up mechanism, in particular within the Commission, given the cross-sectoral and multidimensional nature of issues relating to Maritime Security and Safety and Development’.
In terms of effective and coherent approach, the 834th session underlined the need for harmonized and coordinated operationalization and implementation of existing legal and policy frameworks relating to the blue economy; including AU 2050 Africa Integrated Maritime Strategy (AIMS), the Revised African Maritime Transport Charter and the Lomé Charter. It further urged the Commission ‘to expedite the finalization of the draft annexes to the Lomé Charter’.
It is also expected that the developments of the annexes are taking place within the broader 10-year implementation plan of Agenda 2063, which envisages the establishment of African Centre for Blue Economy by 2025. The AUC institutional reform also anticipates, from 2021 onwards, the inclusion of a dedicated maritime component in the agriculture, rural development, blue economy and sustainable development department of the AU Commission.
Pursuant to its last session the PSC may follow up on the outcomes of the Sustainable Blue Economy Conference meeting held in Maputo, Mozambique, in May 2019.
At the production of this ‘Insight’ the form of the outcome of the session was unknown. The PSC may call for clear timeline for finalizing the annexes. The PSC may further note the low-level ratification of the Charter and may, beyond and above calling on member states that are yet to ratify the Charter to do so, request the AUC to develop (and report to the PSC) clear strategy for promoting ratification. It may also call on the accelerated operationalization and implementation of other complementary policy and normative instruments including the 2050 AIMS and the Revised African Maritime Transport Charter towards addressing maritime threats and strengthening regulatory frameworks. It may also call for strengthened enhanced regional and international cooperation for enhanced monitoring and control.
Briefing on the nexus between maritime security, safety and development of the blue economy in Africa
Maritime Security
Date | 21 March, 2019
Tomorrow (21 March) the African Union (AU) Peace and Security Council (PSC) is scheduled to receive a briefing on the nexus between maritime security, safety and development of the blue economy in Africa.
Deputy foreign minister of Kenya is expected to brief the Council. AU Commission Peace and Security Department will also make a statement. Additionally, statements are also expected from invited participants including Seychelles as the Champion for the Development of the Blue Economy in Africa, representatives of Regional Economic Communities/Regional Mechanisms (RECs), Norway, Canada, the European Union and United Nations.
The briefing will take place in two parts. The first part is open to both PSC members and the representatives of invited countries and organizations. The second part involves only PSC members.
As indicated in the concept note Kenya circulated for the session, the main objective of the session will be to examine trends, progress and challenges of maritime security and safety in Africa. It also seeks to formulate steps in addressing the security threats and risks and to collectively work towards realizing the commitments of developing the blue economy.
The intervention by Kenya is anticipated to provide an overview and update on the major outcomes of the Global Sustainable Blue Economy Conference held in Nairobi from 26-28 November 2018. The first ever such global event on the blue economy, the conference highlighted the necessity of multilateral cooperation as a pre-requisite for the realization of the development potentials of the blue economy. Such multilateral cooperation, among others, provides the platform for the creation of a secure maritime domain as the foundation for value addition to the sustainable development of the blue economy in terms of trade, tourism, fishing industry and transport. Accordingly, the issues raised at the conference in these respects include maritime security and safety and regulatory enforcement. The outcome report underlined the importance of regional cooperation and the role of multi-stakeholder approach to effectively respond to maritime issues. The report explicitly discusses the need for strengthened implementation of and compliance with regional and international regulatory frameworks.
This session seeks to build on and takes forward these various themes highlighted in the Blue Economy Conference. In terms of regional cooperation on the Blue Economy, it is worth noting that the blue economy is recognized as the next frontier for the economic transformation of the continent in Agenda 2063. If one considers the fact that 38 of the 55 African countries are coastal states covering vast ocean territories of an estimated 13 million km² and having a maritime industry worth over USD $ 1 trillion per year (as pointed out in the concept note for this session), the potential for growth in an atmosphere of effective international and regional cooperation and regulation and secure maritime domain is very high. As this continental framework put it ‘Africa’s Blue economy, which is three times the size of its landmass, shall be a major contributor to continental transformation and growth’.
While this is not an area on which the AU been engaged in for a long time, it has established key legal and policy instruments in recent. The first continental instrument is the 2050 Africa’s Integrated Maritime Strategy (2050 AIMS) adopted in 2014. The strategy provides further guidance on the nexus between security and development within the maritime domain. The framework is also developed to complement the PSC protocol article 3 in developing a common defense policy and to address the maritime security challenges. With its focus on addressing threats to maritime security, the strategy is more defensive in its orientation than developmental.
In a development that underscored the heightened policy interest with increased attention to the development of the maritime domain for socio-economic benefits, the AU in October 2016 convened an Extraordinary Summit on Maritime Security and Safety and Development in Africa in October 2016 in Togo. The Summit sought to strategize on mechanisms for strengthened protection of seas and oceans and to utilize maritime space for the development and transformation of the continent. As its major outcome, the Summit adopted the Charter on Maritime Safety and Security and Development in Africa (Lomé Charter).
Going beyond these normative instruments, provisions are made in AU plans for putting in place a dedicated structure within the AU institutional setup. The10-year implementation plan of Agenda 2063 envisages the establishment of African Centre for Blue Economy by 2025. Under the reformed structure of the AU Commission, from 2021 for the first time, there will be a dedicated maritime component in the agriculture, rural development, blue economy and sustainable development department of the AU Commission.
This session is also an opportunity for a follow up on the PSC’s first session on maritime security. The PSC at its 682nd meeting, held in 2017 at a ministerial level underscored the important role of RECs/RMs, the need to put in place appropriate follow up mechanism, the finalization of the draft annexes to the Lomé Charter.
The consideration of maritime security together with or in relation to the blue economy has the advantage not only of shifting the focus from security threats and defensive policy approaches to immense economic growth potentials of the marine resources. The interest in the exploitation of the potential of the blue economy will help mobilize the necessary investment and development of capacities for maritime security and safety.
There are however a number of issues that would be of interest to the PSC session’s deliberations. One of the issues is the mapping of the major threats to maritime security and safety and their manifestations for designing responses tailored to the specific nature and form of the threats in the various maritime zones of Africa. The threats in the maritime domain that the PSC identified at its 682nd include piracy, illegal,unreported and unregulated activities including fishing, drug and human trafficking, and terrorism. Maritime governance and environmental protection also constitute important issues for the development of the blue economy.
Additionally, security challenges that are encountered are mainly supranational, requiring regional efforts and responses. The Lomé Charter remains a critical instrument of such strategic efforts. The PSC refers to it as an ‘instrument to promote peace and address the safety and security threats in Africa’s maritime domain’. However, to date only Togo has ratified the Charter. Indeed, Togo as Champion of maritime security has interest as a PSC member on this issue of ratification of the Lomé Charter and finalization of the annexes to the Charter.
As noted above, sustained development of the blue economy necessitates a secure maritime domain. However, the report of the Nairobi conference pointed out that the ‘inadequate collaboration among stakeholders in maritime security sector compounded by overlapping or uncoordinated institutional mandates and lack of or weak law enforcement capacities’ are critical challenges to ocean governance.
Other issues for the PSC to address during this session include the articulation of the approach that best suits the mandate of the PSC in continuing its engagement on this theme and the norm-to-implementation gap. In these respects, the implementation of the 2050 strategy may in particular be one of the key areas of discussion during the briefing. As it was indicated in the outcome of the Nairobi conference, partnership and regulatory measures as well as implementation frameworks are among the top ten commitment priorities identified by the participants.
The form that the outcome of the session was unknown when this ‘Insight’ was finalized, but is expected to be a communiqué. The Council may underline the importance of addressing existing and imminent threats in the maritime domain to ensure the realization of Africa’s blue economy development. To this end the PSC may call on the implementation of international and regional instruments including the United Nations Convention on the Law of the Sea (UNCLOS), the 2016 Lome Charter and 2050 AIMS in order to address maritime threats and crimes and to enhance regulatory enforcement. It may provide concrete steps in securing maritime areas for economic development by strengthening monitoring and control systems through regional and international cooperation. The PSC could also articulate the approach that best suits its mandate for it to carve out meaningful role in pursuing this theme further.