A ship, whether a merchant ship, a fishing vessel or a leisure boat, is exposed to various types of threats on the high seas, in coastal waters and in port areas. Different factors, among which, the isolation of the ship while sailing or berthed, the relative ease of access to her and the difficulty of setting up her own protection efficiently, combine to make the ship an easy target for attacks.

For the year 1996, IMO received 228 reports of acts of piracy and armed robbery against ships, resulting in at least twelve deaths or the equivalent of five percent of the number of lives lost at sea for 1996.

Article 105 of the Law of Sea Convention, 1982, states that:

"On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith."

IMO's contribution to the fight against piracy and armed robbery has been to develop and circulate, to its Member Governments, guidance on preventing and dealing with piracy and armed robbery, to send experts to the most affected countries to sensitize them to the problems and to assist them in preparing co-ordinated counter-measures. It has also organized a number of seminars in different parts of the world on the subject of unlawful acts against passengers and crew of ships.

The subject of modern piracy was first brought to the attention of IMO in 1983, when a number of Member Governments and international organizations expressed concern about the increasing incidents of piracy and armed robbery against ships in some ports of the world. The IMO Assembly adopted, in November 1983, resolution A.545(13) - Measures to prevent acts of piracy and armed robbery against ships. In that resolution the Assembly urged Governments to take, as a matter of the highest priority, all measures necessary to prevent and suppress acts of piracy and armed robbery against ships in or adjacent to their waters.

The Maritime Safety Committee (MSC) of the IMO, at its forty-ninth session in April 1984, established "Piracy and armed robbery against ships" as a separate and fixed item in its work programme. The Committee decided that as a first step it would be necessary to have an indication of the scale of the problem, the areas in which they were prevalent and as much other information as possible regarding the problem. Under this agenda item, the Committee received a summary of all reports on piracy and armed robbery against ships submitted by Member Governments and international organizations. The reports contained, where available, the names and descriptions of the ships attacked, their positions and times of attack, consequences to the crew, ship or cargo and actions taken by the crew and coastal States to which the incidents were reported. The reports were compiled at first twice a year, then quarterly and now they are circulated monthly, with quarterly and annual summaries. As at the end of September 1997, 1,060 incidents had been reported to IMO.

In 1986, the MSC decided that reports on piracy and armed robbery against ships received by the Secretariat, should be forwarded to the port or coastal States concerned, for comments and advice on the actions they had taken with regard to the incidents reported and that any relevant information provided by the coastal States should be reported to its future sessions.

In view of the continuing rise in the number of such unlawful acts reported and realizing that many others are not brought to the attention of the Organization, the IMO Assembly in 1991 adopted resolution A.683(17) - Prevention and suppression of acts of piracy and armed robbery against ships, which urged Member Governments to report to the Organization all incidents of piracy and armed robbery against ships under their flags and invited coastal States to increase their efforts to prevent and suppress such acts committed in their waters. However, IMO estimates that incidents of piracy and armed robbery against ships are under-reported by a factor of two.

Several reasons have been proposed for this under-reporting, including:

• fear that a successful act of piracy will reflect on the master's competence;

• concern that such a report would embarrass the State in whose territorial waters the act occurred (the coastal State);

• concern that an investigation would disrupt the vessel's schedule;

• the possibility that shipowners' insurance would increase.

While same of these fears are understandable, it is imperative that such fears are repressed and that shipmasters and owners are meticulous in reporting all incidents.

West Africa

Between 1982 and 1986, West Africa - particularly Nigeria - had the highest reported number of cases of piracy and armed robbery. About 25 cases were reported annually, mainly against ships at anchor awaiting berth. Typically, a gang of up 10 people would board the ship at night, threaten the crew with knives, overpower them and then go on to break into cargo containers and steal their contents.

Between 1984 and 1985, the Nigerian authorities, using the combined resources of the navy, police and customs, collected enough intelligence to swoop on piracy bases and the outlets which were used for disposing of the stolen goods. The result was dramatic because by 1986, only occasional isolated incidents were reported from Lagos and Bonny ports, which had been the hot spots for such attacks.

Malacca Strait

Prior to 1989, the Malacca Strait was considered to be relatively safe. About seven cases of piracy and armed robbery were reported annually from the area. In 1989, the figure had risen to 28 annually and by 1991, it had gone up to about 50.

The situation in the Malacca Strait gave particular cause for concern. It is one of the busiest waterways in the world, used by up to 200 ships daily. The Strait, in some stretches, is shallow and narrow and requires precise navigation. Most of the attacks in the region were on ships underway. The pattern used by the pirates was to board a steaming ship at night, undetected and make their way to the ship's bridge. Once there, they would overpower the officer of the navigational watch and either tie him up or hand cuff him to the rail while the rest of the gang made for the master's and crew cabins to demand money and valuables. Apart from the danger to the crew of the ship under attack, there was the horrifying hazard posed by a ship often carrying dangerous cargoes, steaming at full speed, unattended, in confined waters.

At the initiative of the Secretary-General of IMO, a Working Group composed of experts from ten IMO Member countries, including experts from the three littoral States of the Malacca Strait (Indonesia, Malaysia and Singapore), was established in 1992, to prepare a report outlining the problem in the Strait of Malacca. Among other things, the report was to contain recommendations on safety precautions and enforcement arrangements appropriate for crews, shipowners, flag States, coastal States and port States (individually or collectively on a regional basis) for dealing with piracy and armed robbery against ships.

While the Working Group was instructed to focus on the situation in the areas around the Malacca Strait, it was also instructed to prepare recommendations which could be applied in other parts of the world affected by piracy and armed robbery. The Working Group visited Indonesia, Malaysia and Singapore, between February and March 1993, and prepared a report covering navigation, radiocommunications, search and rescue and piracy and armed robbery in the Malacca Strait region.

As a result of the recommendations of the Working Group, the Assembly in 1993, adopted a new resolution A.738(18) recommending additional measures to prevent and suppress piracy and armed robbery against ships. The new resolution:

• recommended that masters of ships immediately report attacks or threats of attack to the nearest rescue and co-ordination centre and request such co-ordination centres to immediately warn shipping in the immediate vicinity of the attack, as well as inform promptly the local security forces to implement any contingency plans they have for dealing with such incidents;

• requested the Maritime Safety Committee to adopt a special signal for use by ships under attack or threat of attack. Pursuant to this request, IMO working in collaboration with the International Telecommunication Union (ITU) and the International Mobile Satellite Organization (Inmarsat) has included "Piracy/armed robbery attack" as a category of distress message which ships can now transmit through either their DSC (Digital Selective Calling) or Inmarsat equipment by pressing a button. The message can be received automatically by shore stations and ships in the vicinity. An invitation and recommendation to shipmasters to use such facilities was circulated to Member Governments by MSC/Circ.805 of 6 June 1997. But masters of ships under attack or threat of attack are warned about using the facility if they have been ordered by the pirates to maintain radio silence. This is because there is equipment available capable of detecting all radio signals, including satellite communications, to which the pirates may have access.

IMO has also prepared two circulars - MSC/Circ.622 and MSC/Circ.623, directed at Maritime Administrations and Ship-operators. The Guidance to Administrations analyzes the types of attacks encountered by ships in different parts of the world and suggests possible counter-measures that could be employed by Rescue Co-ordination Centres and security forces. The circular addressed to ship operators contains advice on measures that could be taken onboard to prevent attacks or, when they occur, to minimize the danger to the crew and ship.

Prior to the establishment of the Working Group, the three littoral States of the Malacca Strait (Indonesia, Malaysia and Singapore), in response to the concerns expressed by IMO, had started implementing a co-ordinated patrol and other counter-measures in the region. These measures, which started in 1992, have resulted in a marked decline in the number attacks in the region. The effectiveness of these measures is believed to have acted as a great deterrent to pirates.

South China sea

Just as the situation was improving in the Malacca Strait, it was deteriorating in the South China sea. Statistics compiled over the 7-month period from May to December 1993, showed that 42 incidents were reported in East and South China sea out of 67 world-wide. Most of the attacks took place in international waters and in some cases the safety of the ships and the lives of those onboard were put at risk as a result of the use of firearms.

A number of reports described persons attempting to stop and board the ships in the guise of officials or wearing uniforms. It has not been possible to confirm whether those involved were officials acting within their jurisdiction, officials acting outside their normal duties or private individuals dressed as officials. In the majority of the cases, such persons were armed with low velocity weapons such as pistols and in a number of cases with assault rifles.

Fishing vessels, particularly around the Philippines, also received the attention of pirates and armed robbers. Very often they were waylaid by faster boats that came alongside without stopping them. The attacking boat would synchronize its speed with that of its target and the armed bandits would simply hop over the gunwale, leaving their boats as guards. The bandits operated swiftly and accurately, taking the fish catch, boat engines, fuel, personal effects, or worse, the boat itself. Effective law enforcement is difficult in the area of the South China sea because of its vastness (more than 200 miles wide) and the fact that it is dotted with several uninhabited islands to which the pirates can retreat. The problem has been exacerbated by the lack of co-operation, particularly exchange of information, between the law enforcement agencies of the neighbouring countries.

Against this background and in response to a request by the Maritime Safety Committee for a report on the situation in the South China sea, IMO sent a fact-finding mission, in March 1994, to China, Philippines and Hong Kong. The mission provided an opportunity to discuss with senior officials in the three countries, the guidance materials available in IMO which would be of assistance to their enforcement agencies in preparing measures to prevent and deal with piracy in their waters. The South China sea remains a problem area. Of the 228 cases reported in 1996, incidents in the South China sea accounted for 134.

South America

Attacks have been reported in various ports in South America including Colombia, Venezuela, the Guianas and the Caribbean. However, the Brazilian ports of Rio de Janeiro and Santos remain by far the most affected areas, accounting for more than 80% of all the cases reported in the region. With 20 incidents reported in Brazil in 1996, it was the largest number of attacks for a single country world-wide in that year. Attacks usually occur in ports or anchorages and occasionally, extreme violence has been reported.

IMO's future work

The Maritime Safety Committee at its sixty-eighth session in 28 May 1997, reviewed the situation with regard to piracy and armed robbery and noted with deep concern the continuing increase in attacks in many parts of the world. In 1994, there were 56 reported cases world-wide, in 1995, 126 and in 1996, 228. The Committee therefore requested the Secretary-General of IMO to enter into consultations with Governments of countries in whose waters these acts had most frequently been reported.

The main purpose of the consultations would be to discuss the problems associated with piracy and armed robbery against ships in their regions and to inform them of the guidance materials prepared by IMO to assist Governments and seafarers in combatting the problem. If, as a result of the proposed consultations, it was considered appropriate, IMO would organize a mission of experts to those regions for an on-the-spot assessment, in co-operation with national experts, on how IMO's recommendations could best be adapted to meet any special situation that might arise.

Subject to the availability of funds and the consent of Governments in the region, it is intended to organize a series of regional seminars to explain the problem to representatives of selected countries and elaborate on IMO's recommendations on how to deal with it. It is hoped that such seminars would provide an opportunity for the government agencies responsible for combatting piracy and armed robbery in the regions to exchange views, with one another and with IMO experts, on how to develop a regional response to the problem.

The response received from the Governments consulted so far, has been positive and it is hoped sometime in 1998, to embark on organizing the mission of IMO experts to selected countries and on planning the regional seminars in different parts of the world.

NB Views expressed in this paper are entirely those of the writer and are not to be construed as reflecting in any way the policies or views of IMO or its Secretariat.