1 Maritime Piracy A global threat 2 Source: International - - PowerPoint PPT Presentation

A Presentation on India’s efforts in providing a Domestic Legal Framework to address Maritime Piracy

Vishwesh Negi Director, Ministry of External Affairs 03 March 2015 Tokyo

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Maritime Piracy – A global threat

Source: International Maritime Bureau

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Piracy Defined

“…any illegal acts of violence, detention, or… depredation committed for private ends by the crew

• r

the passengers

• f

a private ship…directed

• n

the high seas against another ship…or against persons or property

• n board such ship…or committed against a

ship…persons, or property in a place outside the jurisdiction of any state.”

• Article 101, UN Convention on the Law of the Sea (UNCLOS)

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The UN General Assembly [Resolution 64/71 (Dec 2009), paragraph 72]

• called upon "States to take appropriate steps under their national law to facilitate the

apprehension and prosecution of those who are alleged to have committed acts of piracy" and urged "all States, in cooperation with the International Maritime Organization, to actively combat piracy and armed robbery at sea by adopting measures.

The United Nations Security Council Resolutions 1816, 1846, 1851, 1897, 1918, 1950, 1976, 2015 and 2020 (2011), inter alia, call upon States to cooperate in the

investigation and prosecution of all persons responsible for acts of piracy and armed robbery and further call upon States to criminalise piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of convicted pirates.

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International Legal Framework:

United Nations Convention on the Law of the Sea (UNCLOS) adopted by the United Nations

• n the 10 December, 1982

(INDIA is a party to the Convention) Mandates States to co-operate to the fullest possible extent in the repression of piracy on high seas As a party to the Convention, it is necessary to implement the provisions relating to piracy contained in the Convention. International Maritime Organisation (IMO): Engaged in the exercise of formulating best practices to counter maritime piracy

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PIRACY: INDIA’S PERSPECTIVE PIRACY: INDIA’S PERSPECTIVE

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India's coastline measures 7,517 kilometres (4,700 miles) in length (18th Largest in the World) 11 major and 168 minor/intermediate ports along the coast India ranks15th amongst the countries with the largest commercial cargo carrying fleet India’s Exclusive Economic Zone measures 2.01 million square kilometers Nearly 100,000 marine vessels pass through the Indian coastal zone

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India’s contribution to the International efforts to Counter Sea-Piracy

• India commenced Anti-Piracy Patrols in the Gulf of Aden from

October 2008

• 49 Indian ships have been deployed in the Gulf of Aden since 2008
• 3066 ships (of which 2721 foreign flagged) escorted by India Navy in

the Gulf of Aden

• 40 potential piracy attempts have been prevented by Indian Navy
• Active member of CGPCS, ReCAAP and SHADE mechanism

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PIRACY TRENDS 2012 (Gulf of Aden) PIRACY TRENDS 2012 (Gulf of Aden)

MV/ Dhow 06 Apr/ 20 Jun

MV Smyrni 10 May 12 (15 58 N 61 03 E)

18 Jun 12/ MV 27 Jun 12/ MV 20 Jun 12/ MV 04 Apr 12/ MV

HIJACKED 3 BOARDED ATTACKED 7 Source: UKMTO

09 May 12/ MV 10 May 12/ MV 13 Apr 12/ MV

Representation Purpose Only 650 E 600 E 550 E

MV Eglantine 26 Mar 12 (07 00 N 69 47 E)

65° East

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HIJACKED BOARDED ATTACKED 2 Source: UKMTO

17 Jan 14 MV

Representation Purpose Only 650 E 600 E 550 E

13 Feb 14 MV

65° East

Piracy: Jan 14 – Jun 14

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HIJACKED BOARDED ATTACKED Source: UKMTO Representation Purpose Only 650 E 600 E 550 E 65° East

Piracy: Jul 14 – Jan15

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120 Nm Representation Purpose Only 190 Nm 480 Nm 440 Nm Cabo Delgado Ras-al-Hadd

Zone of Pirate Activity

65° East

Core Zone of Pirate Activity

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… there has been no pirate activity east

• f 65°E longitude between Sep 2013

upto Dec 2014….

• SHADE

(The Shared Awareness and De-confliction)

Piracy Activity Assessment Piracy Activity Assessment

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HOWEVER…..NEED TO URGENTLY ADDRESS INDIA’S LEGAL MECHANISM ON MARITIME PIRACY

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WHAT IS THERE NOW :

India does not have a specific STAND-ALONE law/legislation

• n maritime piracy

HOWEVER, some of the existing laws with aspects dealing with maritime security and navigation are highlighted below:: Indian Penal Code (IPC) 1860 is the main criminal code of India. However, prosecution for piracy as a crime is NOT covered in the India Penal Code The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976: The Maritime Zones of India Act, 1981: to provide for the regulation of fishing by foreign vessels

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India is in the process of finalising the draft Bill on Anti-Maritime Piracy

Procedure of enactment

• Draft bill to be initiated in the Ministry of External Affairs
• Present-day Laws are being consulted
• UNCLOS will act as Model for defining Piracy
• Stake holders will be consulted
• Ministries of Defence, Shipping and Home (Internal) Affairs will be consulted

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Procedure of enactment (Contd..)

Collation of comments/views from various sources and keeping in mind our international commitments. Draft Bill to be vetted by the Ministry of Law and Justice on aspects relating to the

• legality of language
• Constitutional aspects

Certain amendments, if any, are brought to the notice of the concerned Ministries Submission of the Draft bill to the Cabinet

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Procedure of enactment (Contd..)

Once Cabinet approval attained, the bill is introduced in either house of the Parliament When both houses Pass the bill; it is sent to the President for his approval Once approval of the President is obtained it is notified and comes into the effect The nodal Ministry frames Rule to make the Act operational

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The projected Scope of the proposed Maritime Piracy Act:

a) Piracy as defined in 1982 United Nations Convention on the Law of the Sea (UNCLOS) is comprehensive and can be adapted within our proposed domestic law. b) It is envisioned to involve Fast Track Prosecution: Special Courts with jurisdiction to prosecute for speedy justice (day to day basis)- c) As per the proposed penal aspects, punishments will commensurate the seriousness of the offence of piracy. d) It is hoped through the Bill that it will be possible to provide Mutual Legal Assistance and undertake extradition of pirates involved in the crime of piracy. e) An Act encompassing the entire geographical extent of India including the Exclusive Economic Zone. f) Taking in the best aspects while drafting the maritime piracy law from

• ur partner countries.

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