INGENIEUR
comprehensive set of maritime security measures
in 2002, which came into force in July 2004.
The most important and far reaching of these
is the International Ship and Port Facility Security
Code (ISPS Code). Among its requirements are that
Governments should undertake risk assessments
to establish the level of security threats in their
ports and that both ships and ports should
appoint dedicated security officers and have
formal security plans drawn up and approved by
their Governments.
IMO has adopted other maritime security
instruments including recommendations on
security measures for passenger ferries on
international voyages shorter than 24 hours
and on security measures for ports; guidelines
on the allocation of responsibilities to seek the
successful resolution of stowaway cases, and
guidelines for the prevention and suppression of
the smuggling of drugs, psychotropic substances
and precursor chemicals on ships engaged in
international maritime traffic.
4. PIRACY AND ARMED ROBBERY AGAINST
SHIPS
The problem of increasing acts of piracy and armed
robbery against ships was first raised at IMO in
the early 1980s. In the late 1990s, IMO initiated
an anti-piracy project, with the aim of fostering
the development of regional agreements on
implementation of counter-piracy measures. The
Regional Co-operation Agreement on Combating
Piracy and Armed Robbery against ships in Asia
(RECAAP), which was concluded in November
2004 by 16 Asian countries includes the RECAAP
Information Sharing Centre (ISC) for facilitating the
sharing of piracy-related information. The RECAAP
ISC is a good example of successful regional cooperation which IMO seeks to replicate elsewhere.
Guidance to Governments, ship owners, ship
operators, shipmasters and crews on preventing
and suppressing acts of piracy and armed robbery
against ships was first issued in the 1990s and
this guidance has been kept updated and revised.
More recently, guidance has been issued on
piracy and armed robbery against ships in waters
off the coast of Somalia. IMO has also developed
and issued interim guidance to ship owners,
ship operators and shipmasters on the use of
privately-contracted armed security personnel on
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board ships in the High Risk Area; guidance for
flag States on measures to prevent and mitigate
Somalia-based piracy; and interim guidance to
private maritime security companies providing
privately contracted armed security personnel on
board ships in the High Risk Area.
In 2009, an important regional agreement was
adopted in Djibouti by States in the region, at a
high-level meeting convened by IMO. The Djibouti
Code of Conduct concerning the repression
of piracy and armed robbery against ships in
the Western Indian Ocean and the Gulf of Aden
recognizes the extent of the problem of piracy and
armed robbery against ships in the region. In it, the
signatories declare their intention to co-operate to
the fullest possible extent, in a manner consistent
with international law, in the repression of piracy
and armed robbery against ships.
A dedicated Project Implementation Unit has
developed a detailed implementation plan, funded
primarily through the IMO Djibouti Code Trust
Fund, in co-operation with the 20 signatory States
to the Djibouti Code of Conduct. Signatories to the
Djibouti Code of Conduct undertake to co-operate
in a variety of activities, including:
●●
the investigation, arrest and prosecution
of persons reasonably suspected of having
committed acts of piracy and armed
robbery against ships, including those
inciting or intentionally facilitating such
acts;
●●
the interdiction and seizure of suspect
ships and property on board such ships;
●●
the rescue of ships, persons and property
subject to piracy and armed robbery and
the facilitation of proper care, treatment
and repatriation of seafarers, fishermen,
other shipboard personnel and passengers
subject to such acts, particularly those who
have been subjected to violence; and
●●
the conduct of shared operations – both
among signatory States and with navies
from countries outside the region – such
as nominating law enforcement or other
authorized officials to embark on patrol
ships or aircraft of another signatory. The
Djibouti Code encourages the sharing
of related information, and a regional
network has been established, with three
Information Sharing Centres based in
Sana’a, Mombasa and Dar es Salaam.