Ships, guns, but no laws? Whitepaper on piracy in the Gulf of Guinea - Risk Intelligence
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RiskIntelligence Ships, guns, but no laws? Whitepaper on piracy in the Gulf of Guinea January 2019 Advice given and recommendations made do not constitute a warranty of future results by Risk Intelligence or an assurance against risk. Recommendations made are based on information available at the time of writing. No express or implied warranty Risk Intelligence A/S is given in respect of any judgment made or to changes or Strandvejen 100 any unforeseen escalation of any factors affecting any such 2900 Hellerup judgment. Denmark Documents are for the benefit of the client only and may not be disclosed to any third parties without the prior written consent Tel: +45 70 26 62 30 of Risk Intelligence; such consent not to be withheld unreaso- Fax: +45 70 26 62 40 nably. The client agrees to indemnify Risk Intelligence against www.riskintelligence.eu any claims and any resulting damages that may be caused by info@riskintelligence.eu any unauthorised disclosure of such documents.
Definition and background The terms ‘West Africa’ and ‘Gulf of Guinea’ are often used as synonyms, yet there are significant differences. Meaningful research and analysis require an exact definition. Unfortunately, there are no distinct geographic features that could be used to define either region. For any discussion related to maritime security, the Yaoundé Code of Conduct offers the most relevant definition of the region because it is specifically concerned with this issue. The code was adopted in 2013 and covers all 17 coastal states from Senegal in the north to Angola in the south as well as two island nations (Cape Verde and Sao Tomé & Principe). While those countries are located in West and Central Africa, the term ‘West Africa’ is generally used as an easy abbreviation to describe the region. Map of West Africa Whitepaper – Piracy in the Gulf of Guinea Page 2 of 8
The Gulf of Guinea is only a relatively small part of West Africa. Different countries may be included and Risk Intelligence has adopted a relatively large definition, which covers the maritime areas from Côte d’Ivoire in the west to Gabon in the south-east. That includes most of the large ports as well as most of the important offshore oil and gas facilities throughout the region. Security incidents in 2018 The maritime security incidents recorded by Risk Intelligence in 2018 – as shown on the map below – underline that the Gulf of Guinea, particularly the area off Nigeria’s southern Niger Delta, is the main area of concern of the shipping industry. Maritime security incidents in 2018 as recorded by Risk Intelligence. The blue area represents the Gulf of Guinea as defined by Risk Intelligence. (Source: Risk Intelligence System) While the types and distribution of attacks are shifting, highlighting the dynamic nature of maritime security issues in the Gulf of Guinea, the general area of concern has remained very similar over the past years. It is highly unlikely that the focus on Nigeria will change in the coming months, requiring careful analysis of the current situation and ongoing developments. Whitepaper – Piracy in the Gulf of Guinea Page 3 of 8
Good or bad reporting? Looking at the pure number of maritime security incidents in West Africa, the situation has remained remarkably stable. Between 2009 and 2018, Risk Intelligence recorded between 80 and 140 incidents per year in West Africa. The majority of these incidents took place off Nigeria. Number of maritime security incidents per year as recorded by Risk Intelligence between 2009 and 2018. (Source: Risk Intelligence System) For operators of merchant vessels in the region, these figures are certainly a cause of concern and require adequate measures to protect ships, crews and cargoes. However, the graphic above highlights that alarming headlines about the annual number of attacks are not a good representation of the long-term trend. That includes media reports, but also official sources such as the MSCI Advisory 2019-003, issued by the US Maritime Administration. There is no doubt that it is important to highlight the lack of maritime security in the Gulf of Guinea and the resulting threat for seafarers. Nevertheless, the current situation should neither be presented as too alarming nor as almost resolved, which may easily be the case when the number of reported attacks against merchant ships decreases again. Whitepaper – Piracy in the Gulf of Guinea Page 4 of 8
Complicated statistics Different types of statistics about maritime security incidents in West Africa are another problem for maritime operators. Various organisations collect reports about such incidents, yet reporting standards and the classification of incidents are very different. Reports about maritime security incidents in 2018 as recorded by the IMB Piracy Reporting Centre, MDAT-GoG and Risk Intelligence. (Sources: IMB Annual Report, MDAT-GoG Quarterly Reports, Risk Intelligence System) All statistics shown in the comparison above are valid, but a cross-cutting comparison is impossible. Different organisations have different requirements which have to be met so that specific incidents can be included in their statistics. Some incidents are not even included in all datasets, notably incidents that have been reported as ‘suspicious’ by some sources which are classified as not related to piracy by Risk Intelligence. Moreover, the same incident may be classified in different categories. For example: When a ship at anchor is boarded by several men who are noticed by the crew and escape empty- handed, it can be classified as a successful boarding (summarised in the blue column) or as an attempted theft (summarised in the red column). Whitepaper – Piracy in the Gulf of Guinea Page 5 of 8
Different types of crimes Genuine concerns of shipping companies operating in West Africa are further complicated by other types of semi-legal or criminal activities at sea. That includes widespread illegal, unreported and unregulated (IUU) fishing, smuggling of illicit goods such as drugs or weapons, illegal migration, oil theft and fuel smuggling as well as some other – often related – issues. In many cases, these are not a concern for crews on merchant vessels. However, when fishing vessels are observed to operate in a specific manner in a region where attacks against merchant ships are relatively frequent, such incidents are frequently reported as ‘suspicious’ despite the lack of an actual threat. Furthermore, even reported attacks should be analysed in this broader context. For example, several kidnap-for-ransom attacks against fishing vessels in the Gulf of Guinea in 2018 were very likely linked to disputes over fishing rights or payments for illegal fuel transfers at sea. While such incidents are of concern to domestic law enforcement agencies, they do not have a direct Criminal activities at sea are of impact on the threat level for crews on merchant concern to law enforcement ships in specific parts of the Gulf of Guinea. agencies, but there is no direct The broader context also has to be considered for impact on the threat level for longer-term trends. Hijackings of product tankers for merchant vessel operations. the purpose of cargo theft were prevalent between 2011 and 2014, but were rarely reported in recent years before several such attacks took place in 2018. The decrease in attacks has often been linked to the oil price which fell from more than $100 per barrel in August 2014 to less than $35 per barrel in January 2016 before it started to climb again. Such an analysis, however, does not account for the fact that attackers are generally trying to steal refined products rather than crude oil. Due to subsidies in Nigeria and most other countries across West Africa, the price of fuel and other refined products is not directly linked to the price of crude oil. Other factors therefore have to be considered to explain the situation, including domestic measures in Nigeria and the increasing responsiveness of the Nigerian Navy. Whitepaper – Piracy in the Gulf of Guinea Page 6 of 8
Regional efforts and trends Based on the Yaoundé Code of Conduct that was mentioned above, governments throughout West Africa have started to address maritime security issues in the region. Various coordination and operational centres have already been created or upgraded. Frequent exercises are supposed to strengthen the existing capabilities of navies and coastguards, which are also supported by external partners. Unfortunately, many externally-funded initiatives are unlikely to have sustainable results. Programmes are often based on political priorities of donors rather than on actual requirements of receiving countries. Furthermore, as with other types of foreign aid, donor-funded actions support activities that a domestic government cannot, making projects unsustainable unless they result in a reduction of expenditures or an increase in government revenues. The latter would be possible, particularly in light of an increasing focus on the ‘Blue Economy’ in West Africa, but requires a long-term involvement. Looking at the issues related to maritime security that are mentioned in the Yaoundé Code of Conduct, it is obvious that the fight against piracy and robbery at sea is not the main concern of governments in West Africa. Moreover, maritime Issues related to maritime security issues in general are generally low on the list security are low on the list of of political priorities in a region where security is political priorities. Land-based dominated by land-based threats which are much more significant for domestic populations. threats are more significant for domestic populations. For shipping industry representatives, who are mostly concerned about attacks against merchant vessels, this means that there is limited overlap. Improvements to the current situation will only be possible – and sustainable – by long-term measures. Support for these measures should not be limited to one specific type of threat. At the same time, the shipping industry can play a vital role in supporting regional measures. Building trust with maritime and law enforcement agencies throughout West Africa will be vital. For example, shipping companies should be more comfortable than today when it comes to reporting security-related incidents to local authorities. Overall, the shipping industry can help to improve maritime situational awareness of coastal nations in West Africa, which is becoming increasingly important due to efforts to strengthen the ‘Blue Economy’. Whitepaper – Piracy in the Gulf of Guinea Page 7 of 8
Summary Due to various reasons, some of which have been outlined above, the situation in the Gulf of Guinea is very unlikely to change significantly in the short or even the medium term. For all types of maritime operations in the region, thorough risk assessments are therefore advisable, based on a sound analysis of current threats and their potential implications on ships, cargoes and seafarers. Nigeria – and particularly the Niger Delta – has been the main concern for ship operators in the past. In recent years, even high-profile incidents in other countries in West Africa have almost always been linked to criminal groups based in the Niger Delta. This situation is very unlikely to change. However, the analysis of individual attacks or incidents that have been reported as suspicious has to take into account criminal patterns that are prevalent throughout the region, for example illegal fishing and fuel smuggling. Governments throughout West Africa are unlikely to prioritise maritime security issues, yet the topic has at least received an increasing amount of attention in recent years. Improving maritime security in the region will nevertheless be a long-term challenge, involving both the public and the private sector. Whitepaper – Piracy in the Gulf of Guinea Page 8 of 8
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