Report On The Webinar On Maritime Security in The Gulf of Guinea 03.2023
Report On The Webinar On Maritime Security in The Gulf of Guinea 03.2023
Report On The Webinar On Maritime Security in The Gulf of Guinea 03.2023
2023 | MARCH
In collaboration with Dr. Ian Ralby of I.R. Consilium, the NATO Strategic
Direction-South Hub organized a W ebinar on 3 November 2022 to develop
this report.
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TABLE OF CONTENTS
Executive Summary ......................................................................... 4
Background ..................................................................................... 6
Discussion ...................................................................................... 9
Making Sense of UNSCR 2634 ..................................................... 10
The Current Context .................................................................... 11
W hat is Being Done and W hat Needs to Be Done? ........................ 12
Possible Roles for NATO ............................................................. 14
Conclusion From the W ebinar ......................................................... 16
Recommendations From the Panellists: ........................................... 16
Panelists: ..................................................................................... 19
Acronyms ...................................................................................... 20
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EXECUTIVE SUMMARY
On the 3 r d of November 2022, the NATO Strategic Direction South – Hub
(“the Hub”) hosted a two -panel discussion centred on interpreting and
implementing United Nations Security Council Resolution (UNSCR) 2634
– the first Resolution on Gulf of Guinea maritime security in a decade.
This conversation – involving some of the leading experts, policy -makers
and practitioners on the subject – was the continuation of a discussion
hosted by the Hub in February 2021. W hile piracy and armed robbery at
sea may be at a 30-year low in the Gulf of Guinea, all speakers agreed
that the conditions for piracy and armed robbery at sea have n ot been
addressed, meaning that a resurgence remains possible, if not likely.
This reality has been borne out in the attacks that have occurred in the
region in the weeks immediately following this event.
W hile the panellists all indicated that there was a potential role for NATO
to play, the prevailing message to NATO was to only act where and when
requested to engage by the states and institutions of W est and Central
Africa. Listening to the needs and interests of the region was repeatedly
emphasized as various partners have, often unwittingly, created tensions
by acting in a manner that was not welcomed by the sovereign states of
the Gulf of Guinea (GoG). Such tensions only make future partnerships
more difficult.
Perhaps the key lesson emanating from this W ebinar is that the approach
to engaging with the Gulf of Guinea is actually more important than the
substance. A well-meaning effort can become a cautionary tale of failure
if the external actor does not proce ed in right relationship with the states
of the region.
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W ith that in mind, however, there are a number of areas in which NATO,
specifically, could play a useful role, so long as it takes this collaborative
and respectful approach.
There are five leading recommendations for NATO emerging from this
discussion:
BACKGROUND
Much of the contextual background for understanding the current
maritime security situation in the Gulf of Guinea is available in the Hub’s
2021 Report 1. W hile that W ebinar and the corresponding Report both
focused on coordination of education, training an d exercising in the
region, it provided a good primer on regional maritime security threats
and the responses to them. There are, however, some important
contrasts to raise and additional aspects to review to understand the
current state of affairs for mar itime security in the Gulf of Guinea.
Central to the most recent event at the Hub, the United Nations Security
Council in May of 2022 passed Resolution 2634 2, specifically focused on
maritime security in W est and Central Africa. This latest Resolution ca lls
on states in the Gulf of Guinea to criminalize a wide spectrum of maritime
offenses in their domestic laws and to cooperate, not only on pursuing
interdiction of maritime crimes, but prosecution of them, as well. It
encouraged the states to continue t o build out the regional architecture
for maritime security, and it encouraged enhancing bilateral cooperation
and, when requested, cooperation with the international community. It
also encouraged the states to work to address the root causes of
maritime crime including piracy and armed robbery at sea, but also
transnational organized crime and terrorism. Beyond this Resolution,
however, a few other aspects have changed since the last Hub W ebinar
on this subject.
At the time of the Hub’s February 2021 event on maritime security in the
Gulf of Guinea, piracy in the region, particularly focused on kidnap for
ransom, was at a peak, as 95% of all seafarers abducted at sea in 2020
were taken in the waters of W est and Central Africa 3. By contrast this
latest event took place amid the period with the fewest incidents of piracy
in decades 4 . That said, 2022 has seen other significant securit y
challenges, most notably Russia’s invasion of Ukraine on 24 February.
As was highlighted in the opening discussion, howev er, Russia’s
invasion was partly guaranteed by a trade deal with China on 4 February
2022 5. Given that China, and to a lesser extent, Russia, were focal
points of the discussion in 2021, it is significant to note that the
1https://thesouthernhub.org/systems/file_download.ashx?pg=285&ver=12&name=MARITIME%20S
ECURITY%20IN%20THE%20GULF%20OF%20GUINEA.pdf
2 http://unscr.com/en/resolutions/doc/2634
3
https://thesouthernhub.org/systems/file_download.ashx?pg=285&ver=12&name=MARITIME%20S
ECURITY%20IN%20THE%20GULF%20OF%20GUINEA.pdf
4 https://gcaptain.com/global-piracy-falls-amid-cautious-gains-in-gulf-of-guinea/
5 https://www.politico.com/news/magazine/2022/02/27/russia-weaponizing-food-supply-chains-
00012130
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This confluence of issues and actors has led the NATO STRATEGIC
DIRECTION – SOUTH Hub to question whether NATO may have a useful
role to play in addressing the maritime security challenges in the Gulf of
Guinea. This e vent, therefore, centred on the May 2022 UN Security
Council Resolution 2634, and explored what, if any, assistance NATO
could provide in implementing it.
6 https://www.imf.org/en/Publications/fandd/issues/2022/09/Cafe-Econ-a-looming-Food-Crisis
7 http://unscr.com/en/resolutions/doc/2018
8 http://unscr.com/en/resolutions/doc/2039
9 https://reliefweb.int/report/nigeria/piracy-armed-robbery-declining-gulf-guinea-enhanced-
national-regional-efforts-needed-stable-maritime-security-top-official-tells-security-council
10
https://thesouthernhub.org/systems/file_download.ashx?pg=285&ver=12&name=MARITIME%20S
ECURITY%20IN%20THE%20GULF%20OF%20GUINEA.pdf
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Then at the most operational level, the creation of zonal centres under
the auspices of the Multinational Maritime Coordination Centres
(MMCC), such as Zone D in Camer oon, Zone E in Benin and Zone F in
Ghana, have all been working on getting fully operational.
Zone A remains inchoate, but just before the 3 r d of November event at
the Hub, Zone G signed the memorandum of understanding between the
states to establish a multinational maritime coordination centre (MMCC)
in Praia, Cabo Verde, bringing to life the latest piece of the YAMS.
11 https://news.usni.org/2021/11/25/danish-navy-frigate-kills-4-pirates-in-gulf-of-guinea-anti-
piracy-mission
12 https://safety4sea.com/legal-concerns-raised-after-danish-frigate-kills-pirates-off-nigeria/
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Ensuring a path to legal finish – as was not done with the ESBERN
SNARE – is a major challenge. UNSCR 2634 places particular emphasis
on filling current legislative gaps, but as a point of process, even where
the law exists, there are exigent concerns. The HEROIC IDUN, a tanker
currently held in Nigeria, is becoming a key example of this issue, as
well. In August 2022, the vessel arrived in Nigeria to load crude, was
partially loaded, and then told to leave and come back. It was 200 miles
off Nigeria, waiting, when it claims it was under apprehension of being
attacked by pirates 14. The suspected pirate vessel was actually a patrol
ship of the Nigerian Navy. The HEROIC IDUN fled and was captured at
gunpoint by the Equatorial Guinean Navy, accused of oil theft from
Nigeria. Equatorial Guinea transferred the vessel back to Nigeria and
the captain and crew are being held pending a trial on 10 January 2023.
Meanwhile, international actors including the major shippi ng
associations, are all calling for the crew’s release given the strange
circumstances and unclear accusations 15.
DISCUSSION
The discussion, which spanned more than four hours, covered four main
themes:
1. The content of UNSCR 2634, 2. The current context in the Gulf of
Guinea, 3. Efforts that are underway or need to be undertaken in
13 https://euobserver.com/world/156362
14 https://www.hellenicshippingnews.com/statement-issued-by-owners-of-the-heroic-idun-idun-
maritime-limited/
15 https://maritime-executive.com/article/ics-calls-for-nigeria-to-release-crew-of-heroic-idun
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Unlike the previous UNSCRs 2018 and 2039, this new UNSCR 2634 is
not limited to piracy and armed robbery at sea. This new Resolution
includes more emphasis on a few areas that were either not mentioned
or lightly treated in the previous Resolutions. Th ose include:
1. Terrorism
2. Transnational Organized Crime
3. The Proceeds of Crime
4. Sustainable Development
5. Root Causes of Piracy and Other Maritime Crimes
Some panellists felt that these were part of the spirit of the earlier
Resolutions, while others, particularly the lawyers, highlighted that these
differences were significant. Indeed, the mention of the 1988
Suppression of Unlawful Acts at Sea (SUA) Convention was note d as a
new development, distinct from the previous Resolutions and indicative
of the added emphasis on terrorism. Even the mention of the African
Union itself was a contrast to previous Resolutions.
1. Legal
2. Political
3. Security
4. Economic
5. Social
At present, these five conditions are not, according to the panel, being
met in the Gulf of Guinea, and all five are required to rid the region of
piracy and armed robbery at sea, as well as to diminish other maritime
crime.
W hile some states have adopted new legislation to criminalize piracy and
other maritime offenses, many have not. But even beyond the specific
status of maritime crime legislation, many of the legal capacities and
institutions are not in place in the s tates of the region. Because the legal
and political conditions are insufficient, so, too, are the security
conditions and the UNSCR 2634 even links terrorism to the legal,
political and economic conditions, underscoring what a critical
vulnerability these voids create. W hen you’re lacking in legal, political
and security conditions, it is very hard to have good economic conditions,
so in the Gulf of Guinea, you have the co -existence of poverty and
abundant resources, a contrast felt particularly by the youth. Not
surprisingly, therefore, the social conditions are also lacking, creating a
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The Resolution highlighted both some of what is being done and what
still needs to be done. The discussion on the 3 r d of November centred
primarily on these two questions. Development of national maritime
strategies, improvement of national legislation and enhancement of
national maritime security capacity were all emphasized as critical to
realizing a regional approach to security. The di scussion drew attention
to the varying laws across the region, noting that only a few states have
piracy legislation, but underscoring that when it is implemented,
particularly through prosecution, it seems to have a profound deterrent
effect. To that end , it made sense that UNSCR 2634 put such an
emphasis on the need to criminalize maritime offences and cooperate on
ensuring the prosecution of them. At the same time, the discussion noted
that more legislation is not always a uniformly positive factor, as laws
that curtail the ability to pay ransoms hamper international commerce by
making it difficult for ship owners to risk entering the region. The goal
of shipping is to reduce the friction for trade getting into and out of the
region, but laws can actual ly have the opposite effect when their
implications are not fully considered.
This puts the emphasis on the regional bodies as well as the states of
the region to have the capacity and capability – as well as the will – to
address maritime crime in all its forms. These regional bodies, however,
have proliferated over the years, and it was suggested by several of the
panellists that there is a need to revisit them.
Two keywords were put forward to guide the process of analysing what
has been done and what should be done in the future: 1) practical and
2) coordination. Many of the efforts have seemed sensible on paper, but
have not been practical in reality. There is often a disconnect between
external actions and the actual needs of the region, as well as a lack of
convergence between the efforts of external actors and local actors.
Everyone needs to come together to determine how to make that work
better.
W ith regard to the Yaoundé Architectur e, the need for the Code of
Conduct to be upgraded to a legally binding mechanism was emphasized
repeatedly. The Gulf of Guinea Commission was noted as being a
potential focal point for all of this engagement, though at present it does
not serve that funct ion. The relationship between the YAMS and the
Maritime Organization of W est and Central Africa (MOW CA) was also
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noted as an area for greater development. And talk of Task Force within
African Standby Force led to questions about whether its mandate –
effectively to prevent wars – made it even viable for dealing with maritime
crimes. Above all these questions, however was an important note: the
Yaoundé Architecture was born in 2013 through a meeting of the heads
of state of the regional states. Since th en, however, those heads of state
have not come back together. In the views of several participants, the
heads of state must meet again to jump start progress toward any kind
of revised architecture or even improved functionality.
Everyone agreed that cooperation is the only way for the states of the
region to successfully combat the transnational maritime threats in the
region. But that cooperation has to originate from the states. As was
noted, the national, regional and international layers to this cooperation
are formed with states as the fundamental building block, so the heads
of state must direct how things proceed from here.
To that end, it was recommended that NATO not take any action unless
requested to do so. That does not mean, however, just waiting. It means
that NATO must educate itself on what the region has done, is doing and
wants to do, and identify offerings it can put forward in support. Notabl y,
UNSCR 2634 was not under Chapter 7, meaning that the UN is not going
to act directly – it is leaving the responsibility and onus on the states of
the region. UNSCR 2634 even expressly asks the UN Secretary General,
the UN Office for W est Africa and the Sahel (UNOW AS) and the UN
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Office for Central Africa to “ continue to report and to support States and
sub-regional organizations in their efforts to combat piracy and armed
robbery at sea in the Gulf of Guinea, including with respect to mobilizing
resources following the adoption of the Yaoundé Code of Conduct to
assist in building national and regional capacities in close consultation
with States and regional and international organizations.” Thus the
extent to which NATO could be involved is up to those so vereign states
and the regional organizations that represent them. The responsibility is
on NATO, however, to offer up what support it could provide – be it
through deployment of assets, provision of training, technical assistance
or otherwise.
2. There is a potential role for NATO to play in the region and it should
explore what is might be able to offer based on what was said at this
event and others.
The Hub is a uniquely well -placed vehicle for supporting the Gulf of
Guinea’s efforts to secure the region’s waters. Bringing different voices
to the conversation – like independent experts, analysts from other parts
of the world, and industry actors (not just trade associations), the Hub
can continue to contribute meaningfu lly to the conversation around
implementation of UNSCR 2634 and the wider maritime securit y
ambitions of W est and Central Africa.
Among other things, the Hub could help with some of the analysis of what
has led to this downturn in piracy and what could c ontinue to not only
suppress it, but root it out.
As a platform, the Hub can also help to amplify the voices of African
experts who would not otherwise be heard in Europe, North America or
beyond. This is a critically important role to support the ongoi ng
development of regional capacity.
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In that vein, it was specifically noted that positive success stories don’t
often get communicated to actors outside the region, so the Hub could
also help balance out what has otherwise been a strongly critical
understanding of maritime security in the Gu lf of Guinea.
The theory of being a multinational force is one thing, the practical reality
of it is another. NATO, as the largest military alliance – and the one with
the most linguistic diversity – could be hugely helpful in supplying advice
and assistance as the Gulf of Guinea seeks to operationalize military and
law enforcement cooperation into one unified security construct. As was
noted, there is no jurisdictional gap when it comes to the maritime la w
enforcement concerns – any such challenges can be overcome – so
NATO could really help the region by sharing insights on how to make
things work operationally.
W hile in 2011 and 2012, there were many re asons to emphasize the
distinctions between piracy off the Horn of Africa and piracy (and armed
robbery at sea) in the Gulf of Guinea, there is now a need to revisit both
and draw lessons. NATO is uniquely well placed to do this. As one
panellist put it, NATO could help the Gulf of Guinea “adapt” the lessons
from the Gulf of Aden to meaningful effect.
To the extent that NATO could support bringing the heads of state
together, it would provide tremendous benefit to all. The need for
revisiting the approach has come, and given NATO’s own experience in
rallying the leadership of all the allies to help mak e progress on key
security initiatives, NATO could be a useful voice in calling for such a
meeting. NATO’s experience in general of having to revise its own
internal structure and cope with contextual changes make it a credible
potential partner to the Gu lf of Guinea. It is from that standpoint of
credibility – through analogous experiences – that it could work to help
the region achieve its ambition on maritime security cooperation.
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PANELISTS:
The 3 r d of November event at the Hub was split into two panels, each
with four panellists. The full event was moderated by Dr. Ian Ralby, CEO
of I.R. Consilium, an expert in maritime law and security, and moderator
of the 2021 event at the Hub, as well.
The second panel was titled “Options for Implementing UNSCR 2634
Through Both the Yaoundé Architecture and the African Standby Force.”
The four panelists were:
ACRONYMS
AIMS Africa Integrated Maritime Strategy
ASF African Standby Force
AU African Union
CEMLAW S Centre for Maritime Law and Security
CFMCC Combined Forces Maritime Component Commanders
CIC Centre Inter -Regional Coordination
CMP European Union’s Coordinated Maritime Presence
CRESMAC Maritime Security Regional Centre for Central Africa
CRESMAO Maritime Security Regional Centre for W e st Africa
ECCAS Economic Community of Central African States
ECOW AS Economic Community of W estern African States
FOGG Friends of the Gulf of Guinea
GGC Gulf of Guinea Commission
GoG Gulf of Guinea
HSOP Harmonized Standard Operating Proced ures
ICC Inter-Regional Coordination Centre
IUU Illegal, Unreported and Unregulated
MARCOM NATO Allied Maritime Command
MARSEC COE Maritime Security Centre of Excellence
MDA Maritime Domain Awareness
MOC Maritime Operations Centre
MOW CA Maritime Organization of W est and Central Africa
MMCC Multinational Maritime Coordination Centre
NATO North Atlantic Treaty Organization
NIMASA Nigerian Maritime Administration and Safety Agency
NMIOTC NATO Maritime Interdiction Operational Trainin g
Centre
NSC NATO Shipping Centre
NSD-S Hub NATO Strategic Direction – South Hub
REC Regional Economic Community
SHADE Shared Awareness and De -confliction
SOP Standard Operating Procedures
SUA Suppression of Unlawful Acts at Sea Convention
UNCLOS United Nations Convention on the Law of the Sea
UNODC United Nations Office on Drugs and Crime
UNSCR United Nations Security Council Resolution
YAMS Yaoundé Architecture for Maritime Safety and Security
YARIS Yaoundé Architecture Region al Information Sharing
Platform
ZOPACAS Zone of Peace and Cooperation of the South Atlantic
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