ADVISORY PANEL ON THE QUESTION OF THE SOUTH CHINA SEA (APQ) COMBATTING THE PIRACY OF MERCHANT VESSELS ENTERING THE SOUTH CHINA SEA TEOMAN KERKİ ...
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RESEARCH REPORT
ADVISORY PANEL ON THE QUESTION OF THE
SOUTH CHINA SEA (APQ)
COMBATTING THE PIRACY OF MERCHANT
VESSELS ENTERING THE SOUTH CHINA SEA
TEOMAN KERKİ
MUNDP 2021 – Commitment to Development – Research ReportCommittee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
Basic Overview of the Issue
Piracy has been a problem in the South China Sea since the 14th century. Due to the
geography of the region, especially the geography of the Strait of Malacca, the region has
been a hotspot for pirates. Piracy is most common in three regions near the South China
Sea, the Strait of Malacca, the Strait of Singapore and the coast of Sabah, Malaysia, but
attacks happen to ships in almost all parts of the South China Sea. Although recent
collaboration between both regional and non-regional nations have drastically improved the
issue, without taking solid action the issue will continue.
When it comes to the act of piracy, methods remain similar to the methods of the 14th
century. Pirates are armed with guns, knives, and matchetes, usually attack vessels during
night, both when the ship is at sea or anchored. Piracy acts in this region are mostly non-
violent ones, meaning that targets try not to harm the crew. However, violent acts are also
present.
Explanation of Important Terms
Piracy
According to Merriam-Webster dictionary, piracy can be defined as “robbery on the high
seas”. Furtheremore boarding vessels without permission, and taking ship crews hostage
also counts as piracy.
Merchant
According to Merriam-Webster dictionary, a merchant can be defined as “a buyer and seller
of commodities for profit”. It is important that experts understand the definition because they
need to know the distinction between merchant vessels and military vessels in order to fully
understand the issue.
CAT Levels
According to ReCAAP, a CAT Level is a classification piracy and armed robbery incidents.
Based on 2 factors -violence and economic impact- there are 4 levels of CAT. CAT 4 being
the least violent and least in terms of economic loss, and CAT 1 being the most violent and
having most economic effect.
MUNDP 2021 – Commitment to Development 1Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
Detailed Background of the Issue
History of Piracy in the Region
Pirates have been present in the region since the early 14th century, and rulers in the
past have used them to control the region. Some pirate gangs had loyalties to certain
families which helped them increase power. During the colonial era pirates regularly attacked
Portuguese, Dutch and British vessels. The 18th century saw the peak of piracy in the region.
As the region got richer due to the increase spice trades, the piracy in the region also
increased. In order to combat piracy, the Dutch Empire and the British East India Company,
the two biggest imperial powers in the region, signed the Anglo-Dutch treaty of 1824. This
treaty also marks the first major regional cooperation in order to combat piracy. In the treaty,
the British and the Dutch drew a fixed line, and both nations agreed to fight against piracy in
their own side. Additionally, the treaty enabled safe trade in the region. The same line drawn
in 1824 remains the border between Malaysia and Indonesia.
One prominent pirate in the late 18th and early 19th century was Chen Tianbo. Unlike
most pirate crews, his crew didn’t operate near the Strait of Malacca but rather operated off
the shore of South China. His crew was also larger than most of the other pirate crews.
Named the Red Flag Fleet, it had around 30000 crew members and multiple ships during its
peak. The Qing Dynasty and the Portuguese powers had to collaborate with each other in
order to defeat the Red Flag Fleet. When attacked by two big nations, and backstabbed by
one of his high officers, Chen Tianbo was defeated. He was then hired by the Qing Dynasty
in order to finish piracy once for all. On May 24, 1810 the Qing Dynasty, with the help of
Chen Tianbo, destroyed the remaining of the pirate crews and ships.
Modern Issues
Although the power of centralized governments have increased drastically since the 18th
century, piracy in the high seas is still a problem. According to the International Maritime
Bureau, in 2017 40% of piracy in the high seas happened near the South China Sea and
most recently, in the first half of 2020 almost 50 acts of piracy was reported. Most of these
reports come from either the Strait of Malacca or the Strait of Singapore. With the piracy
issue near the African continent, especially of the coast of Somalia, gaining global attention
and with solid actions being taken against them, pirates have now chosen Strait of Singapore
MUNDP 2021 – Commitment to Development 2Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
and Strait of Malacca as the law enforcement in this region is less familiar with the issue.
Strait of Malacca
Due to its geography, being very thin and strait, this strait is a hotspot for pirates. Controlled
by the Indonesian government, it has been regarded as one of the deadliest and most
dangerous bodies of water after the Strait of Singapore. Although the Indonesians have been
taking measures to combat pirates, it has not been enough to stop piracy in the region. Most
pirates in the region are not associated with a larger crime syndicate or terrorist organization
and they usually attack easy looking targets, plundering the goods on the ship. The
Indonesian government has taken efforts such as creating an international operation
(detailed below) to fight piracy in the region.
Strait of Singapore
Similarly, to the Strait of Malacca, the Strait of Singapore has been a hotspot for pirates. Just
like the Strait of Malacca, the Strait of Singapore also has geographical features which allows
pirates to easily attack merchant vessels. Most reported acts of piracy in the Strait of
Singapore are classified as CAT 4, meaning that there is usually no violence involved. The
state of Singapore has always supported international cooperation in order to stop piracy in
the region, therefore they work with Indonesia, and other ASEAN members to stop piracy in
the Strait of Singapore.
Recent Events
There have been a lot of of recent piracy events in the region, which has let this issue to be
debated on the international platforms once again. One of these events was when pirates
attacked the Sam Jaguar, a Liberian bulk carrier ship. The pirates boarded the ship only to
be locked in the engine room by the ship’s crew, showing that if necessary education is given
to crews, both the economic and other losses could be minimized.
Counter Measurments
As the issue of piracy is both a national and international problem there are various counter
measures that can be implemented. This section will not be focusing on the national methods
such as the special anti pirate/terrorism units of nations.
MUNDP 2021 – Commitment to Development 3Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
International Measures
As mentioned above, with the leadership of the Indoneian government, an international task
force named the Malacca Strait Patrol (MSP) has been created in order to tackle the issue of
piracy in the region. Alongside Indonesia, Thailand, Singapore, and Malaysia, are also part of
this joint operation. Since 2004 this operation has the mission to stop pirate attacks before
they take place, meaning that there is strong information sharing between the police forces of
each respective nation. Similar to the MSP, there is also the Information Sharing Center,
created by ASEAN. The main purpose of this Information Sharing Center is to share
information regarding ongoing and possible pirate attacks in order to increase cooperation in
the region.
Measures Taken By The Ship’s Crew
There are multiple measures taken by different crews across the world in order to stop piracy
attacks and ensure safety. These include: anti-pirate laser devices, a nonlethal weapon that
distracts the pirates while the crew calls for help; water cannons, weapons that can be
remotely activated that shoots a strong stream of water that stops pirates from boarding the
ship; electric secure fences that go around the ship that gives a small (non-lethal) shock of
electricity to pirates who try to board the ship; razor wire cannisters that act as barriers
between the vessel and the pirate ship; and lastly panic rooms, a secure room that the crew
can retreat into in the case of pirates boarding the ship, it is usually armored and contains
some communication method.
The Private Sector
As the piracy rates have increased in the region, companies have chosen Private Mairitme
Security Companies (PMSC’s) for their protection. These PMSC’s do everything from anti-
piracy trainings for vessel crews to armed escorts. Although PMSC’s have authority to act in
Singapore waters, they don’t have the authority the act in Indonesian or Malaysian waters.
The biggest reason for this is that most PMSC escort ships have personnel that carry
weapons, and while Singapore allows this, the Malaysian and Indonesian governments have
different policies on gun control. There are other questions regarding PMSC’s including the
capability of their crew, the size and the power of their ship, and their place in the
international maritime laws.
MUNDP 2021 – Commitment to Development 4Committee Name: Advisory Panel on the Question of the South China Sea Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea Student Officer & Role: Teoman Kerki, Deputy President International Convention for the Safety of Life at Sea (SOLAS) Without a doubt the most important piece of international agreement on this topic. This treaty has the sole purpose of protecting merchant vessels. It includes points on the definition of merchant vessels, safety procedures, the required safety systems, protocols on cargo carriage, and protocols on safe navigation. After this treaty, regulations on all these point were created in order to ensure the safety of the merchant vessels and their crews. Major Parties Involved Indonesia Between 2004 and 2008 Indonesia was the nation with the most reported pirate attacks. It is still one of the most dangerous nations for merchant vessels to travel through. The biggest reason of this is because it is home to the Strait of Malacca, a hotspot for pirates. The geography of the nation is the biggest reason why piracy is most common in the nation. Having over 17 thousand islands, pirates are able to hide in one of these many islands in order to escape law enforcement. Due to these reasons, the Indonesian government has been working with Singapore and Malaysia since the beginning of the 1990s. Furthermore in 2004 they have created an international operation called the MSP with Thailand, Singapore and Malaysia. This international operation has the goal of stopping pirate attacks both before they happen, and while happening. This operation was regarded as successful by many international platforms, and in the year 2009 number of reported piracy attack was the fewest in the country’s recent history. However, as the piracy rates in rest of the world increased, the rates also increased in Indonesia. Furthermore, According to Janes, the Indonesian navy alongside with the Malaysian navy had to dispatch some of their naval resources to fight illegal fishing done by Chinese fishers and Chinese government. This has led to piracy to once again increase in the region. Singapore Singapore has the second most reported cases of piracy. Similarly to Indonesia, most of these pirate attacks happen in a strait. The Strait of Singapore is currently the most dangerous region for merchant vessels near the South China Sea, and perhaps the whole Asian continent. As of writing this chair report, there were at least 6 reported incidents of MUNDP 2021 – Commitment to Development 5
Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
piracy in the last 2 months.
Association of Southeast Asian Nations (ASEAN)
ASEAN is an intergovernmental organization with the purpose of solving issues in the South
East Asia region and improving collaboration between the nations. In order to solve the issue
of piracy, ASEAN has created “Information Sharing Center” also known as the Malacca Strait
Patrols Information System. This system enables nations to share live information of acts of
piracy. Loh Ngai Seng, the permanent secretary of Minister of Transport of Singapore, has
said “Piracy is a transnational problem, and this is the first time an international body has
been set up to deal solely with the problem of piracy in Asia” (Strait Times).
India
India, due to its geographical location, is directly affected by piracy in the South China Sea.
Recently, the Foreign Minister of India, Mr. Jaishankar, has stated that India is aiming to
increase cooperation in the Indian ocean with their SAGAR (Security and Growth for all in the
Region) policy.
Chronology of Important Events
1810 The Qing Dynasty wages war against piracy and ends piracy off the
Southern coast of China
1824 The Anglo-Dutch treaty of 1824 is signed between British and Dutch
forces in order to combat piracy
1965 International Convention for the Safety of Life at Sea (SOLAS 1) is signed.
2004 Malacca Strait Patrol, an international program in order to combat piracy in
the Strait of Malacca is launched.
2006 ASEAN creates the Malacca Strait Patrols Information System in order to
combat piracy.
MUNDP 2021 – Commitment to Development 6Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
Relevant International Documents
- The Anglo-Dutch treaty of 1824, 1824
- International Convention for the Safety of Life at the Sea (SOLAS), 1974
- Statement by the President of the Security Council at the 6865th meeting, 19 November
2012 (S/PRST/2012/24)
Past Attempts to Resolve the Issue
All regional powers have taken action regarding the piracy in the region but sadly
none of them were successful at fully eradicating piracy once and for all. Regardless,
measures taken by member states have managed to significantly lower piracy indicents near
the South China Sea.
The first major successful attempt to solve the issue was back in 1810 with the Qing
Dynasty’s war against the pirates. This solution was raging all-out war against pirates,
however, this wouldn’t be exactly possible in 2020 as most pirate crews are not organized as
they were back in 1810.
One other attempt to solve the issue was the creation of the MSP. This solution
drastically helped the issue but as it is extremely hard to coordinate a joint military operation
nations couldn’t fully benefit from the program. This program was great for international
cooperation between the Member States and nations should expand further on it.
Another attempt to solve the issue was ASEAN’s creation of Malacca Strait Patrols
Information System. This system was praised by local authorities and was generally seen as
a big step on solving the issue. However, as this server only tackles on-going piracy attacks
and doesn’t try to prevent possible piracy events it is not a sustainable solution. Experts
should take this solution attempt as a great example but build on it.
Lastly, methods taken by crews of vessels in order to stop piracy also helps diffuse
piracy threats. Self defense methods like the water cannons or methods for protecting the
lives of the crew like the panic rooms are definetly helping the issue. Going into the future,
there should be international standardats for these methods so that all vessels use
internationally agreed and effective methods.
MUNDP 2021 – Commitment to Development 7Committee Name: Advisory Panel on the Question of the South China Sea
Agenda Item: Combatting the piracy of merchant vessels entering the South China Sea
Student Officer & Role: Teoman Kerki, Deputy President
Solution Alternatives
Experts have to find a way to increase collaboration between both regional powers
and other nations. Intergovernmental organizations like ASEAN and the International
Maritime Organization (IMO) could help with this collaboration. Furthermore, experts have to
realize that the reason this issue is not solved yet, is the geopolitical conflict that is also on-
going. If nations deploy their navy’s to fight other nations or to fight illegal fishing done by
other nations, that takes away the necessary sources to fight piracy.
There are more practical solution attempts that all the nations can agree on. As seen
most recently with the Sam Jaguar pirate attack, the knowledge and preparation of the crew
is a crucial factor that decides on the fate of both the crew and the ship. If all nations were to
cooperate in order to create international standards for the education of sailors, more piracy
attacks could be resolved without harm.
There is also a more controversial addition to this solution, arming the crew of the
vessels. Each nation has different gun policies so it is harder to come to agreement on this.
Regardless, arming crews would both intimidate pirates and allow ship crews to feel and be
safer. Another practical solution that could be done is creating new international standards
for panic rooms and anti-pirate non-lethal weapons in ships. Requiring a panic room in ships
would ensure the safety of the crew in violent piracy attacks and would stop any possible
kidnappings. Having at least one non-lethal weapon, such as a water cannon, in the ship
may prevent the pirates from entering the ship in the first place.
One other obvious alternative to fight piracy is to fight poverty in the region. The
reason citizens commit piracy is because they don’t have a steady income. Nations have to
create necessary programs to find sustainable solutions to poverty in order to stop citizens
from committing piracy. With the economic effects of COVID-19, the issue of piracy might
worsen as more citizens will be out of jobs. Nations have to prevent these citizens from
turning to piracy as a solution if they don’t want to lose their grasps on the high seas.
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MUNDP 2021 – Commitment to Development 8Committee Name: Advisory Panel on the Question of the South China Sea
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Student Officer & Role: Teoman Kerki, Deputy President
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MUNDP 2021 – Commitment to Development 10Committee Name: Advisory Panel on the Question of the South China Sea
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Student Officer & Role: Teoman Kerki, Deputy President
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Useful Links
A news source that keeps up with the news about the Straits of Malacca and Singapore.
The Strait Times
A map of reported acts of piracy incidents in 2021.
IBM Piracy Map
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