Corruption as the factor prohibiting the resolution of maritime - - PowerPoint PPT Presentation

Corruption as the factor prohibiting the resolution of maritime piracy within the Indian Ocean Rim

Dr Jade Lindley Law School and Oceans Institute The University of Western Australia

“…any illegal acts of violence or detention,

• r any act of

depredation, committed for private ends by the crew or the passengers

• f a private ship.”

UNCLOS Article 101

“…seeks to promote and strengthen measures to prevent and combat corruption; promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; and to promote integrity, accountability and proper management of public affairs and public property.” UNCAC Article 1

Main Heading

(Transparency International Corruption Perception Index 2017)

Situational Crime Prevention Mechanisms 1. Increase the effort to behave corruptly 2. Increase the risks of corrupt behaviour 3. Reduce the rewards of corrupt behaviour 4. Remove excuses for corrupt behaviour (Clarke and Cornish 1986)

Corruption control mechanisms to address piracy

PREVENTION STRATEGY CONTROL AREA (Graycar 2014) SUGGESTED ACTIVITY REDUCE THE REWARDS SOCIAL CAPITAL Investing in social capital will reduce the need/desire to engage in illegal activity, for pirates and corrupt officials. INCREASE THE EFFORT INTEGRITY PILLARS Greater investment in stopping weapons entering Somalia will have a real and long term impact on piracy, but also internal conflict. INCREASE THE RISKS RULE OF LAW Re-establishing a functioning government, corruption is more likely to dissipate. CRIMINAL PENALTIES Strengthening penalties for corrupt officials will remove the acceptance for corruption and in turn will impact on piracy and

• ther activities in Somalia.

BETTER PROCESSES Greater technology encryption may prevent pirates from using technology to their advantage to aid future attacks. WHISTLE BLOWING By removing acceptance for criminal behaviour, means

• ffenders were more likely to be intercepted by authorities.

REMOVING EXCUSES LEADERSHIP/ CULTURE Increasing the salary and improving the equipment provided to law enforcement and border control officials, removes excuse to engage in corruption.

Thank you

Jade.Lindley@uwa.edu.au @DrJadeLindley

References United Nations, "Convention on the Law of the Sea." New York: United Nations, 1982 United Nations Office on Drugs and Crime, “Convention Against Corruption.” Vienna: United Nations Office on Drugs and Crime, 2004 Transparency International. (2018) Corruption Perception Index https://www.transparency.org/news/feature/corruption_perceptions_index_2017 Cornish, D. and Clarke, R.V. (Eds) (1986), The Reasoning Criminal, Springer, New York, NY. Adam Graycar, 2014, ‘Understanding and Preventing Corruption’, World Bank 20 November 2014. Retrieved from http://siteresources.worldbank.org/PUBLICSECTORANDGOVERNANCE/Resour ces/285741-1233946247437/Graycar_World_Bank_20November2014.pdf.