Crime Scale
Maritime crimes: Need mechanism to prevent
S. M. Mohiuddin Hasan
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Photo: Star Defense.org |
Maritime crime including boarding, attempted boarding, hijackings, detentions and armed robberies at port or anchorage remains an unnoticed but a genuine problem in many areas of the world. Bangladesh is amongst the maritime nations mostly affected by such types of crimes. The International Maritime Bureau (IMB) reports the territorial waters of Bangladesh as high risk for armed robbery against ships. Such crime is an actual threat to the security of the cargo ships calling at port and outer anchorage in Bangladesh.
The International Maritime Organization (IMO) and the International Maritime Bureau (IMB) provide regular statistical data and reports on incidents of piracy and armed robbery against ships. However, the number recorded by them may not reveal the actual count as ship masters often discourages seamen from reporting pirate attacks either because of the delays that the vessel may encounter to complete the reporting formalities or due to fear of further attacks. Thus a large number of attacks remain unreported.
According to the IMB's yearly Piracy and Armed Robbery Against Ships report, in Bangladesh there were 25 attacks in 1999, 55 attacks in 2000, 22 attacks in 2002 and 58 attacks in 2003. Thereafter, Bangladesh gained significant development in the sea piracy situation following successful implementation of International Ship and Port Facility Security Code (ISPS Code) and concerted efforts of various organisations including the navy and coastguard. However, after experiencing a drop in the number of attacks, maritime crime again escalated in 2010 and 2011. According to the IMB's global piracy report published on January 17, 2011, 21 vessels were attacked in the port area of Chittagong. Considering the trend of the number of attacks in the preceding years, it is evident that piracy incidents will increase in future if appropriate actions are not taken in time.
Maritime crime in Bangladesh often entails activity within the port area ranging from armed robbery, cargo theft, smuggling to fraud. These crime occurs mostly when vessel are at ports. In the vast majority of the cases, pirates attack ships while they are berthed or at anchor for the purpose of stealing cargo or valuables. Violence toward crew members is infrequent, but a potential threat exists, as pirates are often armed with crude weapons (knives). Kidnapping and hijacking for ransom is not a major concern as such incidents are occasionally reported and affect only highly vulnerable local fishing boats. Cutting of mooring ropes from the ships at the time of anchorage at port area is the most common form of crime committed against vessels. Organised rope dealers in the city maintain clandestine links with the pirate groups to get the supply of ropes. This suggests that there is syndication in some of the maritime robberies in the port area. Currently, the more violent forms of armed robbery are occurring in the western waters and up in the Sundarbans. The robbers are known as Dacoits who live in small camps within the mangroves. Cargo vessels also face frequent incidents of armed robbery and theft at the outer anchorage. Organised gangs of pirates and miscreants frequently attack the cargo vessels anchoring at the outer anchorage of port. This location is vulnerable due to its isolation out in the bay and is particularly exposed due to poor law enforcement responses and the high concentration of small vessel traffic such as fishing boats.
According to various reports published, Bangladesh is now considered to be a global hot spot for maritime crime in national waters. These unfortunate incidents is creating image crisis for the Chittagong and Mongla Port. Due to the rampant occurrence of crimes in these ports, foreign ships have labelled them to be vulnerable and insecure for international trade. Moreover, this has forced foreign shipping companies to impose additional charges for discharging cargoes resulting in higher costs for export and import. Bangladesh ratified the UNCLOS 1982 and is a party to Regional Co-operation Agreement Combating Piracy and Armed Robbery (ReCAAP), a government-to-government agreement that addresses the incidence of piracy and armed robbery in Asia but is yet to ratify the 1988 SUA convention (Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation) aimed at curbing piracy and armed robbery at sea. Armed robbery against ships constitutes an offence under article 3 of the Convention and article 6 requires a State party to establish its jurisdiction when the offence is committed against or on board a ship flying its flag, in its territory, including its territorial sea, or by one of its nationals.
Maritime crime is a national issue that requires a nationally coordinated response. To combat the threat of maritime crime, a strategic framework has to be developed by the government wherein there will be guideline for coordination, information sharing and joint activities by all the authorities concerned In Bangladesh, maritime crime has always succeeded due to the poor capabilities of the national maritime enforcement agencies and has generally flourished in both the syndicated and opportunistic realms. There are plenty of opportunistic robbers as well as well-organized syndicates operating in the port area, which will likely continue to warrant continued robberies in the port area. Concerned authorities responsible for addressing the problem are conscious of these activities, but failed to make any significant progress in tackling the problem. In order to combat sea piracy and other crimes with regards to vessels prompt measures at the port channel, jetties and outer anchorage should be taken. Vessels and their companies can prepare themselves to avoid being the target of an armed robbery in the port area and outer anchorage by applying rigid anti-piracy measures. The proper implementation of anti-piracy measures can reduce the likelihood of a boarding. There are examples of vessels neglecting even the simplest measures and therefore succumbing to attacks. As incidents occur at night and involve lightly armed suspects boarding the vessels from boats, increased lighting, doubled duty watches, and reinforced forecastle and ship's store doors are some of the simple measures that may be introduced in preventing attacks. In addition, the shipping agents may consider the deployment of the members of the Bangladesh Ansar (a disciplined force for the preservation of internal security and law enforcement) to ships for strengthening security. The coastguard and Navy should also ensure proper surveillance at the outer anchorage. Patrolling need be intensified at the outer anchorage and port areas to check attacks on ships. If necessary, Bangladesh should consider the prospect of entering into an agreement with India on joint anti-piracy patrol. Regular air patrol may be introduced on the outer anchorage of port area and the Bay of Bengal coast to curb the criminal activities in the ocean-going ships. The Port Authorities have to strictly implement the ISPS Code and take measures to strengthen maritime security and safety of the vessels calling at the ports. The authorities have to ensure that strict physical security is being maintained as per Port Facility Security Plan approved by Designated Authority. A nationally coordinated response only can help the prevention and suppression threat of maritime crime.
The writer is an Advocate, Supreme Court of Bangladesh.
