Law Watch
Bangladesh's response to piracy: A legal and policy perspective
S. M. Mohiuddin Hasan
Although the majority of maritime crimes occurring in Bangladeshi waters falls within the category of 'armed robbery against ships' under international law, yet Bangladesh is affected directly or indirectly by 'piracy'. The country faces the challenge of its ships and seafarers becoming hostages in the hands of pirates. Bangladesh is a maritime nation and has a long tradition of supplying experienced seafarers to port of world fleets. In recent times, a large number of Bangladeshi seafarers are employed on board national foreign flagships. The demand for Bangladeshi seafarers is also increasing significantly in the global market. However due to the escalating trend of piracy worldwide, Bangladeshi seafarers have increasingly become victims of piracy. Quite a few numbers of Bangladeshi seafarers have been held hostages by pirates. Bangladesh also faced the shocking experience of its ships becoming hostages in the hands of pirates. For the first time on December 05 2010, a Bangladeshi-owned ship MV Jahan Moni, belonging to Brave Royal Ship Management, was hijacked in the Western Indian Ocean. The merchant ship was carrying 43, 150 tons of nickel ore and was sailing from Indonesia to Greece after refuelling at Singapore. The Bangladesh-flagged bulk carrier had 26 crew members all of whom were Bangladeshis. The vessel and her crewmembers were released after three months of captivity on March 14, 2010. The General Manager of the Brave Royal Shipping Management claimed that the ship and crew were freed as a result of intense diplomatic and private negotiations and declined to specify whether any ransom was paid to the pirates. However, according to media reports, the owners had to pay USD$ 700,000 as ransom to secure the release of the vessel.
Following the hijacking and release of MV Jahan Moni, piracy has become a major concern for the ship owners and insurance companies of Bangladesh. However, it is unfortunate to note that Bangladesh does not have a law or policy of its own to protect the industry and the seafarers. As the piracy tragedy of MV Janahan Moni suggests that Bangladesh's seafarers and ships are vulnerable to pirate attacks, action on the part of the government is inevitable. Given the increasing incidence of piracy and armed robbery against ships, there is an urgent need for a domestic legislation on piracy that provides the necessary legal framework for prosecution of persons for piracy-related crimes. At the moment, Bangladesh does not have any laws governing piracy, since that has not been included as a crime in the Penal Code, 1860. The Code does not specifically define piracy. Instead, it provides for definition and punishment for murder, robbery, deprivation of liberty, physical injury etc. that share some common characteristics with piracy. This fragmented approach does not fully cover the definition of piracy as provided for in Article 101 and other related provisions of the United Nations Convention on the Law of the Sea (UNCLOS). Bangladesh has ratified the Convention in 2001, and thus has become committed to the provisions in the Convention concerning combating the crime of piracy. Bangladesh also acceded to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA), 1988 on June 09, 2005. The Convention obliges States Parties to establish jurisdiction over offences which are committed within the territory or territorial sea of the State Party and also over acts which occur beyond such area. Bangladesh should be seen as a responsible nation in this regard to adhere to the international obligations under the conventions.
Piracy poses real challenges for Bangladesh. Bangladesh lags far behind from other South Asian countries in the fight against piracy. Bangladesh should demonstrate its strong commitment in countering maritime piracy in the international arena. The offer made by the Prime Minister of Bangladesh to the Secretary General of IMO to deploy a Bangladesh Navy Taskforce to counter piracy in and around Somalia is perceived by many as a manifestation of Bangladesh's willingness to take on a larger role on the global stage. Besides national efforts, regional or global cooperation is also necessary. No doubt, Bangladesh is actively engaged with different regional bodies, including the Regional Co-operation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), and the South Asia and Africa Regional Port Stability Cooperative (SAARPSCO). However, the present political and social instability in Bangladesh may allow piracy to flourish as a business. Therefore there is no scope to remain complacent about the issue. Bangladesh's short and medium-term interest could be at risk if proper steps are not taken immediately.
Considering the gravity of the threat, Bangladesh should adopt a more cogent approach towards combating piracy. There are several steps that might be considered by the Government of Bangladesh to fight piracy more aggressively. Some of the possible measures that could be implemented to respond more effectively to the threat may be summarised as follows:
(a) Develop a national anti-piracy action plan to articulate its interests in combating maritime piracy. Such plan should include several national goals, including prevention of piracy, deterrence through maritime presence, working with industry and port facilities to reduce vulnerability to attack by pirates, ensuring that persons who commit piracy are prosecuted in court, preservation of freedom of the seas, and a commitment to broaden efforts to combat piracy.
(b) Update the national legal framework against piracy and, in particular, its judicial component. In accordance with its international commitments, Bangladesh should criminalize maritime piracy under its domestic law, which should include penal and procedural provisions for the criminal prosecution of suspected pirates.
(c) Establish a central national organisation to deal with piracy. The organisation may be named 'National Maritime Commission' to co-ordinate all activities related to detection and prevention of security threats emanating from the sea. The purpose of such commission may be to promote cooperation amongst various maritime enforcement agencies so they can act together to fight threats to the maritime community and act as liaison between law enforcement agencies, maritime community and government.
(d) Set up on a permanent basis a state-of-the-art monitoring of piracy and a prevention unit in the Ministry of Shipping or in the Ministry of Defence. Early warning about possible acts of piracy must be put in place so that ship captains are aware of impending dangers.
(e) Enhance the capacity of Bangladesh Navy and the Coast Guard to protect Bangladesh's interests in the Bay. Bangladesh Navy must be able to coordinate with other maritime forces, which include coast guards and other government agencies charged with sovereignty, security, law enforcement and constabulary functions at sea.
(f) Consider providing cover by the national insurance industry for Bangladeshi seafarers working under flags of other states so that the seafarers and their families can be provided with assistance in the case of piracy incidents.
(g) Adopt a united front with neighbouring coastal countries and intensify interaction with them. Mechanisms to enhance communication and coordination among the navies concerned should be encouraged. Bangladesh should consider signing protocol agreement with different countries such as the UAE, Bahrain and India, to protect Bangladesh's ships and crew.
The writer is a Masters by Research Candidate at the University of Western Sydney.
