Pirates make a mockery of NATO and EU efforts

24 juni 2009

Dutch Ministerof Defence, Eimert van Middelkoop, is confident that Dutch ships will be OK in the Gulf of Aden as long as they dont brave the high seas alone but travel in convoy. However, according to research conducted by the Hague Centre for Strategic Studies (HCSS), ships moving in convoy have been attacked by pirates. For instance, on 5 May 2009, a German-owned ship with 11 crew was seized by pirates 120 nautical miles north of the Somali port of Boosaaso. The ship was traveling in a convoy, and a helicopter from the nearest warship arrived too late to prevent the attack. This is not an isolated event. HCSS has documented 285 cases of piracy and related maritime security incidents since 2008. This may be the tip of the ice-berg as shipping agencies are reluctant to report such incidents. The establishment in August 2008 of the Maritime Security Patrol Area (MSPA) in the Gulf of Aden, where NATO and EU accompany merchant vessels in convoy, at first seemed to lead to a decrease in pirate attacks. Yet, a month or so later, the number of attacks inside the MSPA increased as pirates knew better where the ships were moving and simply changes their tactics. The same accounts for the International Recommended Transit Corridor, which was implemented in February 2009 and still needs to prove its function as a 'safe zone.' While the number of attacks increased, the number of successful seizures of ships decreased. At present, around 14 ships are hijacked by pirates and over 200 seafarers held hostage. "Pirates are making a mockery of NATO and EU effort," Tineke Netelenbos, president of the organization of Dutch shipping agencies, said recently.

If accompanying merchant ships is no deterrent against piracy, what is? Shipping agents have argued Dutch marines should be stationed on board merchant ships that are particularly vulnerable, such as slow-moving or low-lying ships. An estimated 70 of such ships pass the Gulf of Aden a year. Yet, van Middelkoop refuses to allow Dutch marines on board merchant vessels. This would raise medical and legal difficulties, he stated in the daily Dutch news program NOVA. He also warned against inciting a spiral of violence.

HCSS has advised against the stationing of marines on board merchant vessels. Yet, the Minister's refusal to have Dutch marines on board Dutch ships puts Dutch ships at special risk. Pirates are not attacking ships at random; they know where ships move and who is particularly vulnerable. HCSS research has shown that piracy attacks have become more sophisticated, more professional and more deadly over the years. Other countries, such as China, Japan, France and Belgium, do protect their merchant vessels militarily.

The flat refusal of the minister to offer armed protection is therefore curious. One of the core tasks of the Dutch navy, which was originally established to protect trade at sea, is to provide security at sea worldwide. Not allowing military protection on board may trigger the use of private military companies; a development which would undermine the monopoly on the use of force by states and endanger the lives of the crew. The involvement of private security companies would also provoke more unregulated violence in the interaction with pirates. According to the policy guidelines of the ministry of transport and water, shipping agencies are primarily responsible for providing safety on board their ships. However, protecting merchant shipping and commercial sea lanes is also a Dutch national interest, as the Dutch economy depends on trade and 80% of international trade is conducted by sea. Pirates don't shun deadly force; we need to take measures to prevent or to deter them from using it against Dutch interests, ships and lives. In the end, the problem of piracy cannot be solved by fighting it. The problem of piracy is caused by the lack of a functioning government in Somalia, the absence of maritime patrol and law enforcement capacity, weak enforcement of maritime regimes, poverty and the easy spoils of piracy. To really protect our economic interests, we should put more effort into fighting the causes instead of the symptoms.