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 1
Maritime Piracy – A global threat 2 Source: International Maritime Bureau
Piracy Defined “…any illegal acts of violence, detention, or… depredation committed for private ends by the crew or the passengers of a private ship…directed on the high seas against another ship…or against persons or property on 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) 3
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. 4
International Legal Framework: United Nations Convention on the Law of the Sea (UNCLOS) adopted by the United Nations on 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 5
PIRACY: INDIA’S PERSPECTIVE PIRACY: INDIA’S PERSPECTIVE 6
India's coastline measures 7,517 kilometres (4,700 miles) in length (18 th 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 7
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 8
PIRACY TRENDS 2012 ( Gulf of Aden ) PIRACY TRENDS 2012 ( Gulf of Aden ) MV/ Dhow 06 Apr/ 20 Jun 20 Jun 12/ MV 04 Apr 12/ MV 10 May 12/ MV MV Smyrni 27 Jun 12/ MV 18 Jun 12/ MV 10 May 12 (15 58 N 61 03 E) MV Eglantine 09 May 12/ MV 26 Mar 12 (07 00 N 69 47 E) HIJACKED 3 BOARDED 0 55 0 E 60 0 E 65 0 E ATTACKED 7 13 Apr 12/ MV 9 Source: UKMTO Representation Purpose Only 65° East
Piracy: Jan 14 – Jun 14 17 Jan 14 MV HIJACKED 0 13 Feb 14 MV BOARDED 0 ATTACKED 2 10 Representation Purpose Only 65 0 E 55 0 E 60 0 E Source: UKMTO 65° East
Piracy: Jul 14 – Jan15 HIJACKED 0 BOARDED 0 ATTACKED 0 11 Representation Purpose Only 65 0 E 55 0 E 60 0 E Source: UKMTO 65° East
Core Zone of Pirate Activity 120 Nm Ras-al-Hadd 190 Nm Zone of Pirate Activity 480 Nm 12 65° East 440 Nm Cabo Delgado Representation Purpose Only
Piracy Activity Assessment Piracy Activity Assessment … there has been no pirate activity east of 65°E longitude between Sep 2013 upto Dec 2014…. - SHADE (The Shared Awareness and De-confliction) 13
HOWEVER…..NEED TO URGENTLY ADDRESS INDIA’S LEGAL MECHANISM ON MARITIME PIRACY 14
WHAT IS THERE NOW : India does not have a specific STAND-ALONE law/legislation on 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 15
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 16
Procedure of enactment (Contd..) Draft Bill to be vetted by Collation of the Ministry of Law and comments/views from Certain amendments, if Justice on aspects relating various sources and any, are brought to the Submission of the Draft to the keeping in mind our notice of the concerned bill to the Cabinet international Ministries • legality of language commitments. • Constitutional aspects 17
Procedure of enactment (Contd..) Once Cabinet approval When both houses Pass Once approval of the The nodal Ministry attained, the bill is the bill; it is sent to the President is obtained it frames Rule to make the introduced in either President for his is notified and comes Act operational house of the Parliament approval into the effect 18
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 our partner countries. 19
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