1/29/2009 10:37:36 AM
January 2009 – The Somali Piracy Records. XI – The Rise of the Islamic Courts and War Scenarios
Dr. Muhammad Shamsaddin Megalommatis
January 29, 2009

With a Press Release issued by the Internal Administration of the Islamic Courts, the news pertaining to the informal and unrepresentative elections for a TFG īpresidentī, and the rumored scenarios about naval conflicts with the pirates, the Ecoterra 120th Press Release Update covers all the significant developments in the Horn of Africa region.

120th Update 2009-01-26 17h06:51 UTC

Ecoterra Intl. - Stay Calm & Solve it Peaceful & Fast !

Ecoterra International – Update & Media Release on the stand-off concerning the Ukrainian weapons-ship hi-jacked by Somali pirates and related news.

We also can make sea-piracy in Somalia an issue of the past - with empathy and strength and through coastal and marine development as well as protection!

New EA Seafarers Assistance Programme Emergency Helpline: +254-738-497979

East African Seafarers Assistance Programme - Media Officer: +254-733-385868

EA Illegal Fishing and Dumping Hot line: +254-714-747090 (confidentiality guaranteed)

Day 124 - 2955 long hours into the MV FAINA Crisis - Update Summary

Efforts for a peaceful release continued, but the four months long stand-off concerning Ukrainian MV FAINA is not yet solved. Contacts and direct negotiations had been arranged and commenced, and the talks are said to have continued today.

Time to demand that pirates release body of FAINA master

Monday 26 January 2009

Letter from CR Kelso,

Sir, perhaps we could spare a thought for the 17 Ukrainian, one Latvian and two Russian seafarers incarcerated in the 31-year-old FAINA anchored off the coast of Somalia following its hijacking four months ago.

The ship is owned in Panama City, operated by a company in Odessa, sails under the flag of Belize and its cargo comprises Ukrainian military hardware ostensibly bound for Kenya but more likely destined for a rebel group in Sudan — all factors which make negotiations for its release complex in the extreme.

Two days after the hijacking, the Russian master died of a heart attack and since that day his remains have rested in the aged shipīs domestic refrigerator. The same receptacle is used for storing the vesselīs dwindling food stocks for the crew and their pirate captors. Last week we read with little surprise that "illness has broken out among crew members".

Of the various indignities that have been heaped on seafarers in recent years, surely this situation must rank as one of the most objectionable?

Some months ago we read that the pirates had demanded a ransom of some $5m and that "Russia, Somalia, Ukraine, the United Kingdom, the United States and NATO were co-operating to secure the shipīs release".

A Puntland minister advocated storming the ship with commandos and, later, another minister said: "The international community has permission to fight with the pirates". But still nothing has been achieved.

Somali pirates have demonstrated a certain flair for communicating and īpublic relationsī insofar as they invariably hasten to reassure the world that everyone is being well treated and that they keep their captives well supplied with local food and water.

Possibly, just possibly, they would respond positively to a request for the release of the masterīs body for return to, and burial by, his grieving relatives.

signed CR Kelso Captain (Rtd) Southampton SO31 8DB

N.B.: While in the very beginning the pirates were not clear how and to whom they could release the body and therefore refused, they later agreed, but then the Ukrainian side insisted to have the body released in one go together with vessel and crew. Though this made sense at the time, when everybody believed that the two sides would work on a fast release, Capt. Kelso is right to ask now for another attempt to have at least the deceased captain's body secured and transferred to the family, if the negotiators can not ensure the relatives that the vessel will be free within this week.

In order to match the ransom demands, relatives of the 17 Ukrainians on the ship had collected money, media reports stated on Saturday, 18th October 2008. Relatives told reporters back then that most of the collected ransom money had come from friends and relatives as well as with a larger amount from leading politicians including Viktor Yanukovych, a former prime minister who leads Ukraine's main opposition party, the pro-Russian Regions Party. But today nobody from the families seems to know where that money is and who manages it to achieve the release, while the representatives of the vessel-owner stated several times that the company is close to bankruptcy. Though it is believed that the Ukrainian authorities control these funds and will safeguard that the money is not embezzled in the meantime, families are wondering, who from the Ukraine actually negotiates with that money collected for the release of the seafarers.

There is no limit to what a person can do or how far one can go to help - if one doesn't mind who gets the credit!

The Somali as well as the Ukrainian/Russian/Israeli sides must come to terms now and set the innocent seafarers free with first priority ! And in order to avoid the destruction of the vessel and its cargo by anybody as well as to avert the subsequent humanitarian, health and environmental horror-scenario, such can only be achieved together with the release of the ship, where also the body of deceased Capt. Vladimir Kolobkov is still kept.

If the stand-off can not be resolved within the next days Ecoterra Intl. demands immediate humanitarian assistance to be allowed, facilitated and dispatched to the vessel, the body of deceased Capt. Vladimir Kolobkov transferred to his family with respect. Ecoterra Intl. also calls for human rights protection to be provided for all crew members, their families in Russia, the Ukraine and Latvia as well as for all well-meaning people assisting in solving the case, many of whom have been subjected already to serious threats, acts of intimidation and persecution.

Ecoterra Intl. repeats its call to solve the FAINA case now with absolute top priority and peaceful in order to avert a human and environmental disasters at the Somali coast. Humanitarian assistance must be allowed by the captors and facilitated by the owners. Anybody encouraging hot-headed and concerning such difficult situations inexperienced and untrained gunmen or those, who believe they would be capable to try an attempt of a military solution, must be held fully responsible for the surely resulting disaster. The saga and secrecy surrounding MV FAINA must not - like in the MS ESTONIA case, which is the worst naval disaster in Europe since WWII - become the shroud for its 20 seafarers.

The MV FAINA is one of at least 49 ships that pirates seized last year off the Horn of Africa during a surge in piracy driven in part by Somalia's growing poverty and instability. The multimillion dollar ransoms are believed by many to be one of the only ways to "make money" in the impoverished nation. But while the many cases of sea-jacked merchant vessels on innocent passage (sailing even outside the EEZ e.g. in the Indian Ocean) constitutes clear piracy, Somali actions against illegal fishing or against any transport of illegitimate or clandestine goods has a legal standing. Ecoterra advocates to end all destructive, detrimental, criminal and illegal activities in Somali waters.

Raising public awareness through legitimate criticism of government actions is a fundamental part of human rights work. We know the Ukrainian authorities donīt welcome facts or information about allegations, but governments trying to prevent torture or other internationally outlawed human rights violations or crimes should encourage reporting of complaints, but not retaliate against human rights defenders. Article 25 of the International Covenant on Civil and Political Rights guarantees the right to take part in the conduct of public affairs.

The UN Human Rights Committee has stated that, "Citizens also take part in the conduct of public affairs by exerting influence through public debate". States also have obligations specifically relating to protecting and ensuring the right of human rights defenders to do their work. The United Nations Declaration on Human Rights Defenders states that everyone has the right to promote the protection and realization of human rights and that individuals or groups have the right to articulate criticism and make proposals for improving the work of government bodies, among other rights. Article 10 of the European Convention on Human Rights and article 19 of the International Covenant on Civil and Political Rights guarantee free speech. Government officials are expected to be more receptive to criticism than private citizens, especially when it concerns the carrying out of their official duties.

Clearing-house:

News from other abducted or newly attacked ships --------

Games Crazy People Play: Kidnapping, Pirating, and War & Naval War-games to protect Fish-piracy and to cover the real agenda

MT SEA PRINCESS II, a coastal fuel-transporter, has been transferred by her captors from the area of Eyl further south towards Harardheere, local marine observers report.

The negotiations concerning MV BOSPHORUS PRODIGY seem to have been concluded and her release is expected soon.

Local elders and businessmen try to secure a fast release of an abducted Indian vessel loaded with fuel and also to resolve another business-conflict involving the Indian flagged Dhow MSV Shaba.

MASINDRA 7 and its large barge ADM1 lost its anchorage overnight and was pushed by heavy seas towards the shore, but the captain managed to get her clear and to a safe anchorage two miles off the coast of Baargaal, while everybody including the Malaysian navy vessel is waiting that the owner comes to terms with the pirates.

With the latest captures and releases now still at least 15 foreign vessels with a total of 248 crew members accounted for (of which 44 are Filipinos) are held in Somali waters and are monitored on our actual case-list, while several other cases of ships, which were observed off the coast of Somalia and have been reported or had reportedly disappeared without trace or information, are still being followed. Over 134 incidences (including attempted attacks, averted attacks and successful sea-jackings) have been recorded for 2008 with 49 fully documented, factual sea-jacking cases (incl. the presently held) and the mistaken sinking of one vessel by naval forces. For 2009 the account stands at 11 abandoned attacks and 2 sea-jackings on the Somali/Yemeni pirate side as well as one wrongful attack by friendly fire on the side of the naval forces. Mystery pirate mother-vessels Athena/Arena and Burum Ocean as well as not fully documented cases of absconded vessels are not listed in the sea-jack count until clarification. Several other vessels with unclear fate (also not in the actual count), who were reported missing over the last ten years in this area, are still kept on our watch-list, though in some cases it is presumed that they sunk due to bad weather or being unfit to sail. In the last four years, 22 missing ships have been traced back with different names, flags and superstructures.

Directly related news ------------------

Today the International Marine Organization (IMO) starts off its Djibouti closed door meeting among regional country representatives in order to further push a regional agreement, which is supposed to provide a platform for sharing and reporting relevant information; interdicting ships suspected of engaging in acts of piracy or armed robbery against ships; ensuring that persons committing or attempting to commit acts of piracy or armed robbery against ships are successfully apprehended and prosecuted; and for facilitating proper care, treatment, and repatriation for seafarers and passengers subject to acts of piracy or armed robbery. While these are all noble tasks, a critical issue is the creation of detention, prosecution and jailing centres in the region, where suspects e.g. of Somali Nationality, could be tried. Though at the present time no regional court in Somalia is trusted by the naval powers, to detain, try, convict and jail the suspected culprits properly, the task can not be to create a regional Guantanamo-Bay-like "facilitation centre" for suspected pirates from Somalia.

Countries like France, the Netherlands, Germany and Japan at least stand up to their voluntarily chosen duties and show responsibility by opting to have the arrested suspects tried by their own judiciary, but countries like Britain and the US are spearheading an initiative which would pay incentives to regional countries like Kenya if they do the "dirty work" for them. While all developing countries in the region must be helped to improve their own coastal and marine protection as well as legal system, which can handle then all these cases coming out of their own waters, no cross-border extradition to countries, which all have still at least a questionable legal system or even maintain the death penalty, must be fostered by the participating countries or pushed by IMO. That the IMO as UN body is not more keen to uphold human rights standards must be noted with concern. Since it was not too difficult to set up e.g. a war-crime tribunal for Rwanda in Arusha, which does not put the burden on its host country Tanzania, it should be possible to set up a high-sea-crime-tribunal either in Hamburg at the International Court for the Law of the Sea or by using the facilities and capacity in the UN has already in Tanzania. But no regional country should be coerced into the pitfalls of trying by themselves suspected Somali pirates captured e.g. in the EEZ of Yemen (like it is in an actual case) - no matter how much former colonial powers are willing to pay for such at least questionable service. The best certainly is to really help Somalia to get back on its feet and to become able again to manage their own affairs and prosecute their own nationals engaging in piracy. The offer to even establish an international tribunal inside Somalia might attract little attention but it must be noted that this proposal was made by responsible Somali politicians themselves. So what stops the naval powers, who waste millions of taxpayers money to roam the seas around the Horn of Africa to commit at least some resources to the rehabilitation of Somalia? There in a peaceful, developing and properly governed Somalia lies anyway the key to solving the piracy problem with lasting effect.

Somali parliamentarians meeting in Djibouti have overwhelmingly endorsed the enlargement of the legislative assembly to include opposition members in accordance with a power sharing deal reached last year. Somali lawmakers held their session in the Djibouti People' s Assembly where 220 members of parliament converged to approve the crucial legislation that will pave the way for an inclusive parliament and a National Unity Government. Sheik Adan Madoobe, speaker of the parliament and the acting president of Somalia who chaired the session, announced after the vote on the enlargement motion that out of the 220 members present 211 voted in favor of the motion, 6 voted against while three abstained. The parliament is expected to amend the country's interim charter to allow for the extension of the one-month deadline for the election of the president which will expire on Wednesday. Under an agreement reached between a major opposition faction, the Alliance for the Re-liberation of Somalia (ARS), and the Somali transitional government, the membership of the current 275-member Somali parliament will be doubled to include 200 members from ARS and 75 from Somali civil society groups, women and the Diaspora. Reports from Djibouti say that the new 200 opposition members of parliament will be sworn in Tuesday while the remaining 75 will be included at a later date when their allocation is agreed upon. The top United Nations envoy to Somalia today welcomed the decision by the Transitional Federal Parliament. "This is a very good result and will demonstrate to the Somali people that their leaders are committed to moving forward together to restore peace and stability. This is a very good result and will demonstrate to the Somali people that their leaders are committed to moving forward together to restore peace and stability", said UN Special Representative for Somalia Ahmedou Ould-Abdallah. Mr. Ould-Abdallah expressed the hope that the decision taken today will mean that Somalia will have a new president who will be able to attend the African Union Summit of Heads of State in Addis Ababa on 1 February, "demonstrating the progress that was made here in a short space of time".

While most MP's are in Djibouti high tension mounted in the southern Somali town of Baidoa as uncertainty prevails following the withdrawal of Ethiopian troops from the town which has been the seat of the Somali transitional parliament for the past three years. Two people have already been killed and four others wounded after a shoot-out between Somali government forces and local militias vying for control of strategic locations as they prepare to confront a possible assault on the town by insurgent fighters stationed around it. Reports say already that Al-shabab seized Baidoa and most remaining MPs surrendered. Both Somali government officials and Islamist commanders have said they want a peaceful resolution of the standoff in the town which is witnessing widespread looting of government properties including the presidential residence and parliament house. The hard line Islamist Al-shabaab movement already declared that it has taken over Baidoa. The spokesman for the Al-Shabaab movement, Sheik Muqtar Robow Abu Mansuur, who was leading the insurgent fighters, said that his forces have taken over much of the town of Baidoa including the interim parliament building in the south of the town, while Mohamed Ibrahim Habsade, a senior Somali cabinet minister told Xinhua in Baidoa that government forces as well as local militias are still fighting to defend the town from Al-Shabaab forces who he said now "took parts of the town". Habsade is one of a number of senior Somali government officials including several parliamentarians from the town trying to protect Baidoa.

The Somali government said on Monday Ethiopia had completed its military withdrawal after a more than two-year intervention to combat an Islamist movement. The last Ethiopian troops in Somalia pulled out on Sunday night from the provincial town of Baidoa, where the TFG parliament is based, and crossed the border on Monday morning, government spokesman Abdi Haji Gobdon confirmed to Reuters. "The Ethiopians have fulfilled their promise. Their last troops crossed the border this morning", he said.

The internal administration of Islamic courts issued today a six-point press statement in Mogadishu, reports Mareeg. The following press statement was issued by the Islamic Courts:

The Internal Administration of the Islamic Courts held a meeting to discuss the difficult situation of the country in light of the recent events. The meeting also discussed the differing views and ways they can be resolved and the following points have been made in their resolution.

1. First of all, we would like to thank God for the victory he has bestowed upon us. We would also like to thank Somali civilians for the role they played in the long struggle that cannot be forgotten. May God grant paradise to those of you who were martyred in the struggle, a quick recovery for the wounded and those who lost their property, may God give them a more blessed one. We acknowledge that the civilian population were the ones that led the Jihad and provided all sorts of support. It is not right for us to be ungrateful to them today.

2. The internal administration of Islamic courts today sees a golden opportunity that is not worth loosing. We would therefore like to ask the various sections of Somali people to consult each other in ways of attaining peace and security in the country and particularly in Mogadishu.

3. The administration proposes that following the withdrawal of Ethiopian troops from the country, the issue concerning foreign troops like AMISOM in the country be resolved through dialogue bearing in mind the interests of the Somali people. The issue should be decided by various sections of the civilian population such as the Mujahidin, religious leaders, scholars, the business community, traditional elders, women and the youth.

4. We are urging armed insurgent groups in the country to start a dialogue amongst them and free the civilian population of fear. We are urging them to listen to the calls and decisions being made by the Somali religious leaders who have taken the responsibility of resolving the conflict among the Mujahidin. We are asking them to listen and accept everything that is in line with the Islamic Shariah that will bring peace and stability in Somalia. We are asking them to consider the interests of the Somali people before their own.

5. The internal administration of Islamic Courts is urging the various sections of the Somali population such as the religious leaders, traditional elders, business community, scholars and women to work towards the establishment of Shariah law and resolve all conflicts through it.

Finally, we are asking Somali civilians to ask for God's forgiveness and to pray more so that God can uplift their suffering which they have inflicted upon themselves.

Moderate Somali Islamist leader Sheikh Sharif Sheikh Ahmed announced Monday he was running for the country's presidency, left vacant after Abdullahi Yusuf Ahmed resigned last month. "I will do all that I can to serve honestly if elected president", Ahmed told AFP by phone from Djibouti. Ahmed is the leader of the Djibouti faction of the Islamist-dominated Alliance for the Re-Liberation of Somalia, or ARS, which has signed a peace deal with the Somalia's transitional government under U.N.-mediated talks in Djibouti. Part of the agreement is to double the parliamentary seats from the current 275 to accommodate members of his group. More than 1,000 Somali politicians are currently meeting in Djibouti to agree on an enlarged parliament, swear in the new legislators and elect a new president. At least 16 other candidates, including current Prime Minister Nur Hassan Hussein and his predecessor Ali Mohamed Gedi have declared interest. Other contenders include Hassan Abshir Farah, a former prime minister, lawmakers Abdi Abdulle Jini Boqor, Mohamud Mohamed Gulled, Mohamed Qanyare Afrah and former Mogadishu mayor Adde Hassan Gabow.

Members of the U.S. 26th Marine Expeditionary Unit (MEU) are participating in counter-piracy operations off the coast of Somalia, a spokesman for Marine Corps headquarters said, as Trista Talton reports in the Marine Corps Times. Amphibious transport dock San Antonio, the flagship for Combined Task Force 151, is carrying a reinforced Marine platoon, said 2nd Lt. Josh Diddams. Officials will not say how many Marines are on the ship, which left Camp Lejeune, N.C., in late August with the Norfolk, Va.-based Iwo Jima Expeditionary Strike Group. A typical Marine infantry platoon consists of about 40 troops. Task Force 151 is a multinational force recently organized to conduct land and air attacks on pirate bases along Somaliaīs coast. The task force is operating in the Gulf of Aden, Arabian Sea, Indian Ocean and Red Sea. Sailors and Marines on the San Antonio spent weeks preparing the ship for its role as the command ship and afloat forward staging base for the task force, according to a Navy report. Marines on the ship include those with 3rd platoon, Golf Infantry Company, a military police detachment and intelligence personnel, according to the report. The MEU, which recently left Kuwait after two weeks of training at Camp Buehring, did not respond to questions about the anti-piracy mission.

Japan's Defense Minister Yasukazu Hamada will, possibly as early as Tuesday, order the Maritime Self-Defense Force to start preparing for an anti-piracy mission off Somalia as part of Japan's maritime policing activities, the Daily Yomiuri reports. However, in the course of their duties, MSDF officers likely will have to face several challenging legal issues, as outlined below.

Possible scenario 1: A foreign cargo vessel recently attacked by pirates asks an MSDF destroyer for help. The foreign vessel carries neither Japanese crew nor Japan-related cargo. The government plans to send two MSDF destroyers to waters off Somalia to escort to a safe area a Japanese ship, a foreign-registered vessel operated by a Japanese agent and another foreign-registered ship carrying Japanese crew members or Japanese cargo. After requesting the three ships form a flotilla, the destroyers plan to monitor and patrol the area within 100 kilometers of the ships with helicopters and radar. Special commando units armed with machine guns and tear gas guns also will participate in the mission in case pirates try to hijack the ships and take crew members hostage.

The Construction and Transport Ministry will be responsible for handling rescue requests, but will decline pleas for help from vessels in designated categories. Commenting on such a scenario, an MSDF officer said, "While calling on the pirates to desist, we'd contact countries in the neighborhood as well as the navies of other countries and ask them to take action". However, this response very likely would cause serious problems from the standpoint of international cooperation. In an emergency situation, the MSDF vessels might have to maneuver between a foreign-registered ship and a pirate vessel to protect the foreign craft. However, under an envisaged new law to be submitted by the government to the Diet during the current session, the MSDF will be allowed to offer protection to any ship.

Possible scenario 2: An MSDF destroyer orders an approaching pirate ship to stop and fires warning shots if it fails to comply. The pirate ship opens fire with machine guns. MSDF crew must then decide if retaliation is the only possible response. If an MSDF vessel spots a pirate ship approaching, it will use flashing caution signals and radio messages to order the pirate vessel to stop. If the ship does not comply with the order, the destroyer will fire a warning shot using its 12.7-millimeter cannon if the pirate ship is below a certain size. If the pirates are using a large hijacked vessel, a destroyer will fire 76-millimeter and 127-millimeter canons around the hijacked vessel to stop it. However, depending on the circumstances, crew members aboard the destroyers will have to make a difficult decision over whether to fire directly at the pirate vessel. If the destroyers are directly attacked by pirates, they can legitimately retaliate in self-defense or as an emergency measure, both of which are permitted under the Penal Code. However, the scope of the code is very narrow and MSDF officers will be required to make a rapid and appropriate decision under pressure. British and Indian navy ships have already had armed encounters with pirates in waters off Somalia, during which pirates were killed and their vessels were destroyed. Therefore, the possibility that the MSDF could become involved in gunfights with pirates is very real. During maritime policing operations in Japanese territorial waters, MSDF vessels are allowed to use weapons under the Japan Coast Guard Law against a vessel that refuses to comply with orders to stop. The government plans to make it easier under the new law for the MSDF to decide whether to use weapons to carry out its duties and to make anti-piracy operations more effective.

However, some members of New Komeito--the ruling coalition partner of the Liberal Democratic Party--are cautious about relaxing the conditions concerning the SDF's use of weapons. As a result, it could take a considerable amount of time to draw up the bill.

Possible scenario 3: A vessel is attacked by pirates and a Japanese crew member is injured. An MSDF destroyer captures the pirates. The government and ruling parties firmly believe that the Japan Coast Guard should head the anti-piracy operation. However, the JCG claimed it was impossible for it to act against pirates armed with rocket launchers and machine guns in waters far removed from domestic shores. This led to the planned dispatch of the MSDF. However, MSDF officers have no judicial authority and are not permitted to arrest and interrogate pirates. Because of this restriction, JCG officers will travel with the MSDF destroyers and carry out such functions. Cases in which pirates kill Japanese nationals and seize Japanese property will be dealt with under the Penal Code as cases of murder and robbery, respectively. The government plans to transfer murder and robbery suspects to Japan for trial. Lesser crimes would be dealt with by countries in Africa and the Middle East.

An estimated 17 million people are in need of emergency food assistance and over 25 million are food insecure in the Horn, East and Central Africa regions, Oxfam said on Monday. Oxfam's Regional Campaigns Manager Michael O'Brien told journalists in Nairobi that about 2.5 million Burundians are receiving humanitarian assistance and or at risk of food insecurity by last year. O'Brien said recent price increases following the harvest are of particular concern as this should be when prices are at their lowest. "The climate change and global financial recession which are going to continue in the foreseeable future will affect food security across the region. These will make hunger worse", O'Brien said according to Xinhua. "Across the Great Rift Valley and the Horn of Africa, it had been hoped that the near to normal October-December rains will ease pasture shortages, replenish water resources and improve livestock conditions and pastoral terms of trade in Ethiopia, Somalia, Kenya and Djibouti. Unfortunately, the rains were not adequate and overall, pastoral food security may not improve significantly in 2009", he said. O'Brien called on governments in the Horn, East and Central Africa to ensure the realization of the right to food and social protection of people living in extreme poverty.

End of the Ecoterra 120th Press Release Update

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