DJIBOUTI CODE OF CONDUCT A REGIONAL COOPERATIVE MECHANISM

DJIBOUTI CODE OF CONDUCT A REGIONAL COOPERATIVE MECHANISM Osamu Marumoto Counter-Piracy Project Implementation Unit IMO

Djibouti Code of Conduct * n Adopted in January 2009 after 5 years work by IMO to create a regional maritime security apparatus, it is a framework within which 21 States in the western Indian Ocean and the Gulf of Aden combine efforts to counter piracy and armed robbery against ships. * Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden 2

Signatory States (19): Comoros Djibouti Egypt Eritrea Ethiopia Jordan Kenya Madagascar Maldives Mauritius Oman Saudi Arabia Seychelles Somalia South Africa Sudan Ut. Arab Emirates Tanzania, Ut. Rep. Yemen Djibouti Code of Conduct Non-Signatory States (2): France Mozambique 3

Djibouti Code of Conduct The work outlined in the Djibouti Code of Conduct is aimed at improving regional coordination and co-operation based on 4 broad pillars: Information Sharing • National Legislation Update • Regional Training • Capacity Building •

DCo. C Info Sharing Centres Sana’a ISC Mombasa ISC Dar es Salaam ISC

Jordan Oman Saudi Arabia Egypt U. A. E. Djibouti Sana’a ISC Somalia (Somaliland + Puntland) IMO MSCHo. A UKMTO NATO SC Re. CAAP ISC Yemen Ethiopia PIRACY INFO Mauritius Kenya Sudan Shipping Mombasa ISC Reunion (France) S. Africa Maldives Comoros Seychelles Dar es Salaam ISC Tanzania Madagascar Somalia (South Central) The Regional Information Sharing Network Mozambique

National Focal Points Internal & External information sharing Fishery Government Agencies ministries Coast Guard Marine Police Focal Point Ship Registry Navy Ship Agencies ISC Port Authorities Custom (Marine) Ship Owners Seafarers

Challenges – Info Sharing 3 Info Sharing Centres: Short of staff or funding, Lack of expertise DCo. C National Focal Points: Despite the 24/7 requirement, many State designated non-operational individuals rather than the op centre/organization. Typically Ministry of Transport maritime administrators are designated, without proper comm means & channels to operational interdiction authorities. Inter-agency approach for counter-piracy highly encouraged.

Legal Legislative regime for the prosecution of Piracy requires: (i) criminalization; (ii) jurisdiction; (iii) participation, conspiracy and attempts; (iv) detention and arrest at sea; (v) trials; (vi) identifying, tracing, freezing, seizing and confiscating criminal assets; and (vii) international co-operation. 9

Review of National Legislation DCo. C Article 11: Each signatories are reviewing its national legislation with a view towards ensuring that there are national laws in place to criminalize piracy and armed robbery against ships, and adequate guidelines for the exercise of jurisdiction, conduct of investigations, and prosecutions of alleged offenders. 10

Legal: Future Work • • Check if legislation has provision to criminalize piracy and armed robbery. Ensure that States have signed all the relevant international instruments. Tabletop the whole legal process: from law writing to prosecution to establish the linkages between agencies. Ensure that the law empowers the law enforcers at sea to conduct boarding, arrest and criminal investigation of piracy and armed robbery cases.

Embarked Officers - DCo. C Article 7 A signatory State may nominate law enforcement or other authorized officials (hereafter referred to as “the embarked officers”) to embark in the patrol ships or aircraft of another signatory State (hereafter referred to as “the host State”) as may be authorized by the host State. Embarked officers may assist the host State and conduct operations from the host State’s ship or aircraft if expressly requested to do so by the host State, and only in the manner requested.

Embarked Officers Shared Operations Requirements Bilateral/multilateral agreement on the operation National law giving authority to the Embarked Officers to exercise jurisdiction from foreign ships/aircraft Common SOPs and ROEs Political Will of the State providing Embarked Officers to receive suspects/criminals and prosecute. Benefits This would provide a blue water platform for smaller States with limited or no ocean going capabilities. Share the cost of deployment of the sea-going assets. Could be applied in a single State; ex. , Navy providing the ships ride for police officers who have law-enforcement authority.

TRAINING Training is implicit in every Article of the Djibouti Code of Conduct. If training is to be effective then the right people should be trained, and this only works if the National Focal Point offers training opportunities to all the relevant authorities involved in a State’s counter-piracy work.

Regional Training Centre Djibouti (DRTC) Primal function of DRTC: Regional Training Coordination One stop shop which produces the overall regional training plan. Single portal access: www. edumar. org IMO/Japanese project: Building of a new facility is in progress and currently on schedule for completion by end 2012.

DRTC site

Future…

DRTC training at Interim Centres

IMO/NMIOTC Training

IMO-NATO Partnership DCo. C Train-the-trainer programme for Maritime Law-Enforcement Officers (Police/Coast Guard/Navy) delivered by NMIOTC • • • March 2012: Trainers were trained at the same regional standard by NMIOTC; On-going: National training delivered in their respective countries by the trained trainers; Oct-Nov. 2012: Trainers are invited to use the NMIOTC for the delivery of their national training in the presence of the NMIOTC instructors. Their national boarding teams are invited.

Training: On-going & Future Work • • • Identify and nominate personnel to be trained in skills to act as both boarding and embarked officers Train interdiction and arrest at sea Train interdiction personnel into the gathering and protection of evidence Train a prosecution service able to prosecute maritime crimes Develop joint-training workshops between the law enforcement agency and the judiciary through tabletop exercises

Training: On-going & Future Work Train the relevant authority to make it capable of investigating cases of piracy and armed robbery against ships Concentrate training on operational interdiction skills, criminal investigation, and legal training for law enforcement Continue training of handling of information, both externally and internally

Capacity Building: Future Work Priority 1 • • • Create maritime situational awareness (MSA), so that States have information on where illegal acts are taking place and the ability to locate and track suspected vessels. Plan and implement MSA in key countries for accurate assessment of risk and ability to react to threats. After all, sharing MSA info is the cost effective solution for counter-maritime threat. Future Goal: Regional common maritime picture

Capacity Building: Future Work Tabletop a permissive process to allow foreign ships to contact States to request to enter a State’s territorial waters in pursuit of pirates. Review crisis management mechanism within the State. Conduct joint operational exercises involving more and more countries and agencies, ships & aircraft. and many more…….

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