The Somali Piracy Epiphenomenon about to End. V – Successful Negotiations

By: Muhammad Shamsaddin Megalommatis

[ Posted On: 2009-02-06 ]

The developments that led to the successful termination of the negotiations and the subsequent release of MV FAINA hostages are to be found in the Ecoterra 126th Press Release Update. In further updates, developments are being progressively presented.

126th Update 2009-02-02 10h28:41 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 131 - 3116 long hours into the MV FAINA Crisis - Update Summary

Efforts for a peaceful release continued, but the over four months long stand-off concerning Ukrainian MV FAINA is not yet solved. Contacts and direct negotiations had been arranged and commenced, but the talks are said to have not been forthcoming, though the decision maker on the side of the owner is desperate to conclude the issue.

Somali pirates holding the Ukrainian ship MV FAINA with 33 battle tanks on board said on Monday they expect it to be released within days for a $3 million ransom, according to Reuters. The MV FAINA -- the highest-profile of a dozen ships being held off Somalia -- was captured in September with its 20-man crew and a cargo of Soviet-era T-72 tanks plus other weapons. "The negotiations between us and the owners of the ship are in the final phase. We are about to agree $3 million, then we will release the ship, probably after four days", pirate Aden Gelle told Reuters from Haradheere port. "We are hopeful of wrapping up the affair of this ship as soon as possible", added Gelle, who said he had come ashore from the FAINA for a rest.

The seizure of the FAINA drew international attention, not only for its dramatic military cargo, but for a regional row over the destination of the tanks. Kenya said it had bought them for its army, but foreign diplomats said the arms were bound for south Sudan -- a potential embarrassment to Nairobi which brokered a peace pact there. Fahran Muse, a self-styled spokesman for the gang holding the FAINA, also said talks were at an advanced stage. "The negotiations are going on now and may be completed within several days, probably four", he said. "The owners of the ship make good contacts with us every day". All sides are hoping that this time a tangible result and the peaceful release of crew and vessel is achieved and not only another hoax is produced.

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 and 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 environment and its natural resources are all too often forgotten as the long-term casualty of war. Environmental security must no longer be viewed as a luxury but needs to be seen as a fundamental part of a long-lasting peace policy". - UNEP

The 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 don’t 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

It has transpired that the illegally fishing Chinese vessel FV TIAN YU 8 had been in Mombassa / Kenya to re-supply food and water before she ventured into Somali waters and was subsequently seized by an armed group in Somalia. Since then she is held at a location in the South of Somalia and the negotiations have dragged on without tangible result. A Japanese fishing officer as well as 15 Chinese, four Vietnamese, three Filipinos and one Taiwanese seamen are held since 13th November 2008 together with the vessel. Tixiang Fishing Co., Ltd (aka Tianjin Ocean Fishing Company, Tianjin Deepsea Fishing Co.) a notorious fish-poacher from Tianjin, China is responsible.

The four Filipino seamen from the Chinese fishing vessel FV WUNAN are on their way home. As earlier reported the vessel and crew were arrested and prosecuted by authorities of Madagascar for illegal fishing. The vessel is held by the authorities until the fine is paid. Since the company so far failed to pay, the boat's crew, though it had been released from detention was stuck on Madagascar since 6 months. The prosecuting court made the crew subject to repatriation, but the men were stranded, since their manager had not provided them with the fare to return home. With the intervention of the Seafarers Assistance Programme, the Overseas Workers Welfare Administration the, the Department of Foreign Affairs and the Nairobi Philippine Embassy at least for the Pinoy seafarers a solution was now found and they are on their way home. Illegally fishing Chinese vessels in the Indian Ocean are a constant threat and their crews are kept like slaves.

With the latest captures and releases now still at least 15 foreign vessels with a total of 254 crew members accounted for (of which 56 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 (for Somalia, incl. the presently held) and the mistaken sinking of one vessel by a naval force. For 2009 the account stands at 15 averted or abandoned attacks and 6 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 ------------------

Somalia's new president is calling for a united front against violent extremists, reports AP. He has also signaled his intent to try to bring together the country's feuding Islamic factions. Moderate Islamist leader Sheikh Sharif Sheikh Ahmed was sworn in Saturday and faces the daunting task of leading a Western-backed government that wields little control over a country that has suffered nearly 20 years of violence and anarchy. Ahmed was chairman of the Islamic Courts Union that ran Mogadishu for six months in 2006 before Ethiopian soldiers drove them from power. The group's extremist breakaway militia, al-Shabab, has now taken much of the country, forcing lawmakers to meet outside of the country. The U.S. considers al-Shabab a terror organization with links to al-Qaida. Al-Shabab did not recognize the last government and also disapproves of Sharif, but his election raises hopes that he will bring many of Somalia's Islamic factions into a more inclusive government. The U.S. government welcomed Sharif as leader Saturday and said that he had worked diligently on reconciliation efforts in Somalia.

“I think the combination of the coalition working together [with] the maritime community has decreased the pirate activity over the last couple of months”, Navy Rear Adm. Terry McKnight, also the commander of Expeditionary Strike Group 2, told bloggers and online journalists during a Defense Department bloggers roundtable yesterday, as reported by the Law Enforcement Examiner. The presence of partner nations and the newly formed task force to reduce the number of pirate attacks in the Gulf of Aden seem to be working, the commander of Combined Task Force 151 said. The task force was formed earlier this month and comprises three ships—USS San Antonio, USS Mahan and HMS Portland—that are collaborating with other nations to deter future pirate attacks. While a number of factors—even the weather—can impact the number of attacks, McKnight gave credit to the European Union and the nations involved in anti-piracy operations, as well as the task force, with helping to decrease attacks since early December.

“Some things have changed that have helped us in this case to combat piracy”, McKnight said. “The United Nations has come out with several resolutions … that give us more authority to combat piracy”. U.N. Resolution 1846, approved by the United Nations Security Council on Dec. 2, authorizes states and regional organizations cooperating with the Somali transitional government to enter Somalia’s territorial waters and use ”all necessary means” to combat piracy. Two weeks later, U.N. Resolution 1851 was approved, and calls for those states and organizations to “actively participate in defeating piracy and armed robbery off Somalia’s coast by deploying naval vessels and military aircraft, and through seizure and disposition of boats and arms used in the commission of those crimes”. The other recent change that has assisted in combating piracy is the maritime community itself, McKnight said. “We have tried very hard to say to the maritime community, there are just not enough Navy ships out there to cover 1.1 million square miles”, he said.

McKnight added that creating a safe corridor allows the nations involved in combating piracy to offer protection to the maritime vessels transiting through the Gulf of Aden. In standing up Combined Task Force 151, McKnight said, he hopes to “make it unpleasant to be in the pirate business”. “Right now, we have about 14 nations out here with about 20 ships”, he said. “We’ve had some encouraging signs from other ships and other nations to join the task force. I expect that by the spring we will have quite a few ships joining”. McKnight said these and other nations involved and those interested in participating in the future all share the same goal of “free commerce”. “We have to make sure that we have free commerce throughout the open seas and throughout the world”, McKnight said. But the seizure of a German gas tanker by Somali pirates, just as the Gulf of Aden coastal states concluded a meeting on piracy, indicates that tightened security around shipping in the region is having only limited success. The adverse weather conditions seem to have had a larger impact than the global naval forces.

Impacting news from the global village ----------------

United Nations Under-Secretary-General for Peacekeeping Operations Alain Le Roy met today with Ambassador Ramtane Lamamra, the African Union Commissioner for Peace and Security at the AU Headquarters to discuss issues of mutual interest including the latest developments in Darfur and Somalia. The two parties agreed to continue their close consultations and cooperation in the interest of peace and security in Africa. Present at the meeting was the AU/UN Joint Special Representative, Rodophe Adada, who had held a working session earlier with Commissioner Lamamra to review UNAMID's ongoing efforts to implement its mandate. JSR Adada conducted a series of consultations with several delegations attending the 14th Ordinary Session of the Executive Council of the AU, including the Libyan Arab Jamahirya Secretary for African Affairs Dr Ali Triki, the Deputy Minister of Foreign Affairs of Norway, Raymond Johansen, and the EU Special Envoy for Sudan, Torben Brylle. They all reiterated their continued support for UNAMID.

End of Ecoterra 126th Press Release Update

Note: The Horn of Africa

Article Source: http://www.afroarticles.com/article-dashboard

About The Author: Dr. Muhammad Shamsaddin Megalommatis - is Orientalist, Assyriologist, Egyptologist, Iranologist, Islamologist, Historian and Political Scientist. Dr. Megalommatis, 52, is the author of 12 books, dozens of scholarly articles, hundreds of encyclopedia entries, and thousands of articles. He speaks, reads and writes more than 15, modern and ancient, languages.

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