Challenges And Opportunities For China’s Efforts In The Fight Against Sea Piracy In Somalia

This dissertation looks at the problem of piracy, maintaining a focus on piracy off the coast of Somalia which has continued to be a menace to the international society despite international anti-piracy efforts. Somali pirates have for a long time targeted both merchant vessels and cruise ships in order to demand ransom in exchange of the captured vessel and crew members. The costs of this illegal activity have therefore been borne by the international shipping industry while creating a hostile environment for international trade. The effects of Somali piracy have been felt on a global scale due to the high dependence on international sea lanes. Approximately90%of goods traded internationally are transported by sea. China, being a leading global trading partner, has taken the prerogative to participate in the ongoing international anti-piracy missions. Its participation is of great significance to the international community as it creates a favorable environment for increased international cooperation to effectively deal with non-traditional security threats.One main contribution made by China is its adoption of the new security concept. This concept acknowledges a transition from traditional security threats (which mainly focused on the state and military issues) to non-traditional security threats, which incorporate non-state actors and non-military concerns. The Cold War period (1947-1991) is a classic example of the centrality of security concerns characterized by inter-state suspicion and hostilities, which led to an arms race. In the period following the end of the Cold War, China realized a change in the nature of international security concerns which lacked the ideological undertones that existed during the Cold War. The new era experienced environmental, economic, social, and political threats that increasingly emerged from non-state actors.China’s new security concept therefore spearheads a radical change in the thinking and analysis of security threats. Moreover, international cooperation was identified as being a useful tool when dealing with non-traditional security threats because they are neither confined to any specific geographic location, nor are their effects limited by time and distance. This argument is in convergence with securitization theory, which advocates for the expansion of the realm of "security threat" to not only include military and political issues but also social, economic, and environmental aspects of security. China’s involvement has therefore created a great piracy.The case of Somali piracy is unique due to its status as a failed state with no navy to patrol its coastal waters. The country collapsed into a civil war in1991following the ousting of the then president Siad Barre. Internal anarchy and extreme poverty provide fertile grounds for the emergence of pirate gangs who take partial or total control of the coastal cities. The high revenues from ransom payments allow the pirates to evolve into a sophisticated network of actors across the globe. The Somali case is also unique in the sense that it is the only region that has witnessed the participation and cooperation between the major global powers in anti-piracy missions. The research questions are as follows:Ⅶ. What are the main drivers and enablers of piracy in Somalia?Ⅷ. Who have been the main players in tackling piracy globally and what legal instruments have they used?IX. What theories have supported the interventions and how far have they succeeded?Ⅹ. What role can China play in containing Somali piracy?Ⅺ. How is the Somalia situation similar different from other piracy prone areas/countri es?Ⅻ. What new strategies could be used to counter piracy based on the past experiences?CHAPTER2:WHAT ARE THE MAIN DRIVERS AND ENABLERS OF PIRACY GENERALLY AND IN THE CASE OF SOMALIA IN PARTICULAR?Having the longest coastline in Africa, the lack of a central government and functioning navy in Somalia makes the country very volatile and susceptible to fragmentation. The country lies next to the Gulf of Aden which is a major sea route for international commerce. The country has therefore witnessed an increase in foreign intervention by the Unites Nations, the United States, Ethiopia, the African Union, and Kenya, all of whom have tried to enforce peace. However, the past efforts have not yet fully succeeded to provide order in a country that is deeply fragmented along clan identities resulting in competition for control and resources.Some of the root causes of piracy in Somali include illegal exploitation of Somalia’s marine resources and the dumping of toxic waste by foreign vessels, social unrest, poverty, and dissatisfaction due to unmet basic needs with few opportunities for development. Early cases of piracy involved Somali fishermen who captured foreign vessels within Somalia with an aim of repulsing illegal fishing. The ease at which the attacks took place and the profitability of the practice encouraged more youths to join such activities and it continued to spread over time. The nature of Somali piracy may be divided into two main categories namely:Kidnap for ransom and ship hijacking based in the value of the ship and/or its content.Modern pirates have adopted an economic model which involves re-investing their income in order to acquire technologically advanced weapons and equipment so as to improve their chances of success. As the fight against piracy continues at sea, its root causes, which exist on land should not be sidelined from the overall agenda of anti-piracy activities.CHAPTER3:WHO HAVE BEEN THE MAIN PLAYERS IN TACKLING PIRACY GLOBALLY?Before discussing China’s participation in anti-piracy activities, chapter three began with a brief account of other state and non-state actors that have participated in anti-piracy activities off the coast of Somalia. All the actors involved do not carry out their missions independently as they have to cooperate with each other so as to synchronize their activities to increase efficiency. This has been achieved through carrying out joint anti-piracy drills, sharing patrolling responsibilities, and sharing information. Among the active participants include the following:a) The European Union Naval Force (EUNAVFOR) whose operation is code named Operation ATALANTAb) The North Atlantic Treaty Organization’s Operation Ocean Shieldc) Combined Maritime Task Forces (CMT)d) The United Nations Office on Drugs and Crime (UNODC)e) The People’s Republic of ChinaChina’s participation demonstrated its willingness to take part in the pursuit of international security with the emergence of non-traditional security threats. This has a positive impact on its image as a responsible global power as well as increases its capacity to deal with non-traditional security threats while building trust with other stakeholders through cooperation. In addition to all these, China has also been a victim of pirate attacks which have greatly increased the costs of international trade due to increased insurance premiums, ransom payments, mapping of alternative routes which are longer and costlier, etc.As a sovereign state therefore, China has the right to ensure the safety of its merchant vessels and citizens operating in the international waters. In the recent past, China surpassed the US to become the world’s largest trading partner, making it the largest importer and exporter of goods.With regards to piracy as a non-traditional security threat, a major contribution made by China is its adoption of a new security concept. This concept, which was initiated in1996serves as a milestone in security analysis as it captures the transition of security from the traditional to non-traditional nature of security. The end of the Cold War in1991marked an evolution of security from being purely military and political in nature to include economic, environmental, social, and technological aspects of society.The new security theory as advocated by China therefore underlines the need for a paradigm shift in dealing with security issues through increased dialogue and cooperation. This sentiment is shared by the proponents of securitization theory which calls for a de-securitization process. De-securitization would involve looking at security issues from other aspects other that military and political such as the economic, social, and environmental factors of security. Through widening the scope of analyzing international security, the root causes of the problem can be identified more accurately and energy directed towards their resolution. China therefore has the potential to increase the scope of security analysis by fully implementing its new security concept.CHAPTER4:WHAT LEGAL INSTRUMENTS HAVE BEEN USED TO FIGHT PIRACY?Under international law, piracy is documented in the United Nations Convention on the Law of the Sea of1982(UNCLOS). The Convention made piracy the first universal crime with universal jurisdiction. Piracy is therefore referred to as being an enemy to all mankind, thus authorizing any state to suppress it regardless of the geographic location of the act or nationalities of the perpetrators and victims. The suppression of piracy by states however remains a voluntary exercise.The main legal challenge when dealing with cases of piracy has been the prosecution of captured pirates. The lack of an international institution that may have been responsible prosecuting and apprehending pirates forces the international community to rely on the services of domestic courts of wiling states. The fallacy here is that piracy jure gentium (under the law of nations) has been accorded universal jurisdiction while the prosecution of pirates has remained the responsibility of domestic courts. As easy as it may sound, there are no legal obligations under international law for states to act decisively and take appropriate action against pirates. States may therefore choose whether or not to take part in the anti-piracy initiatives.The willingness of a country to prosecute pirates may be influenced by the following factors:the domestic courts may not have the legal instruments for dealing with cases of piracy, and the costs of prosecuting and detaining pirates is often very high. For as state to be able to prosecute cases of piracy, amendments need to be carried out on the domestic law to accommodate piracy, and/or special courts and prison facilities need to be established. Moreover, legal practitioners also have to undergo retraining on the legal issues surrounding piracy jure gentium and how such cases are to be handled under domestic law. Therefore, piracy under international law is still in the development state as the dynamics of piracy keep changing while geographic locations change over time. More resources need to be channeled towards establishing concrete legal underpinnings and institutions to deal with maritime piracy.CHAPTER5:WHAT THEORIES HAVE SUPPORTED THE INTERVENTIONS AND HOW FAR HAVE THEY SUCCEEDED?This chapter looked at the various theoretical underpinnings that relate to piracy and may be used as an analytic tool. Among the theories looked at include realism, which focuses on the state and looks at the importance of power in inter-state relations. Anarchy in the international system makes states view each other as potential threats leading to competition and constant balancing amongst states. However, piracy has been carried out by non-state actors who have continued to cause havoc despite their relative weakness in comparison to states. Non-state actors have therefore forced nation states to come together and employ advanced naval machinery to counter piracy.Institutionalism on the other hand argues that inter-state cooperation is indeed possible when the environment is conducive. This favorable environment is often created by institutions which regulate the behavior of states. With regards to piracy however, there is no global institution that may have been responsible for dealing with the global cases of piracy, which is considered a universal crime. Despite the use of regional institutions, member states may in some cases lack adequate resources and the capacity to pursue and prosecute captured pirates.Securitization theory therefore provides an alternative lens from which piracy opportunity for global powers to set aside differences in order to collectively pursue solutions to common international security threats.Increased attacks by Somali pirates have led to increased international cooperation by both state and non-state actors. The absence of an international legal body that may have been responsible for the apprehension and prosecution of pirates has led to the reliance of domestic courts to fulfill this duty. Piracy has been classified as a universal crime with universal jurisdiction. This enables pirates to be captured by any state without being constrained by the geographic location of the attack, nationality of the crew, or flagship of the vessel. Prosecution of the pirates has remained the responsibility of domestic courts, creating a complex situation whereby an international crime exists without adequate international legal mechanisms.The aim of this research is therefore to contribute to the body of knowledge on piracy and rejuvenate the existing debate on the same. Furthermore, the paper will look at China’s new security concept alongside securitization theory as an alternative lens through which piracy may be analyzed. The paper is divided into five chapters, each making its contribution in the pursuit of a logical understanding of Somali piracy and how the international community has responded to it. A brief outline of each chapter is captured in the text below.CHAPTER1:INTRODUCTIONThe first chapter contained the introductory information of the project including the problem statement, key definitions, hypothesis, research questions, methodology, and literature review. The hypothesis of the study is:Strategies aimed at containing piracy in the Gulf of Aden are deemed to fail due to weak regional governments and the use of domestic courts to prosecute pirates.International efforts aimed at have had significant levels of success in the short-term but their sustainability has proven to be very costly. One distinct feature of sea piracy is its tendency to shift pivots from one geographic location to another: success in the Strait of Malacca saw an upsurge of piracy activities off the coast of Somalia. Currently, there is an increasingly worrying trend of emerging piracy activities off the Gulf of Guinea in West Africa. This therefore necessitates for the development of effective strategies which will be cost-effective in fighting maritime may be looked at. There are five distinct categories that may be used when looking at security threats (piracy) namely military, political, economic, social, and environmental. The theory points out that security has evolved and they should not be looked at from military and political dimensions at the expense of the environmental, economic, and social ones. By incorporating all these categories, it becomes more feasible to accurately identify the root causes while dealing with the symptoms of the problem. Such a process is referred to as de-securitization-moving a security issue from a purely military realm to one in which economic, social, and environmental aspects are taken into consideration.CHAPTER6:WHAT NEW STRATEGIES COULD BE USED TO FIGHT PIRACY IN A COUNTRY LIKE SOMALIA?To look at the alternative strategies that may be applicable to Somalia, a comparison was carried out between the Strait of Malacca and the Gulf of Aden near Somalia. The regional states around the Strait of Malacca succeeded in suppressing acts of piracy through carrying out joint patrols and sharing information through the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). In the case of the Horn of Africa (HOA) region, it was found that the regional states were generally unstable. Stability of the regional states is a good indicator when determining whether or not regional cooperation will succeed in suppressing piracy.The member states that made up ReCAAP, namely Indonesia, Malaysia, Singapore, and Thailand were relatively stable and had adequate resources to implement the task of patrolling the regional waters. In the HOA, the status of Somalia as a failed state further destabilizes the region which. The Somali case therefore requires additional resources to sustain naval patrols, reconnaissance missions, pirate prosecution, and information sharing. Some efforts should also be channeled towards dealing with the root causes of piracy within Somalia by ensuring that Somalia’s marine resources are safeguarded, stability is achieved, and the country’s economic sector is revived.