Addressing the Issue of Piracy off Indonesia and Nigeria: The Need for a Paradigm Change

• Author: Kalu K. Anele
• Position: Cultural Heritage Preservation Research Institute, Pusan National University, The Republic of Korea
• Pages: 245-276

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2020 e Institute for Migrant Rights Press

ADDRESSING THE ISSUE OF PIRACY OFF

INDONESIA AND NIGERIA

The Need for a Paradigm ChaNge

Kalu Kingsley Anele

Cultural Heritage Preservation Research Institute,

Pusan National University, e Republic of Korea

E-mail: kkanele@gmail.com

Given the abundant natural resources, especially oil and gas, including rened

products, in Indonesia and Nigeria, which essentially rely on the maritime sec-

tor for their exploitation, exportation, and importation, a coastline devoid of

piracy becomes imperative. Indeed, piracy signicantly aects the exportation

and importation of nished goods. More importantly, piracy has humanitarian,

economic, and sociopolitical eects on both countries. Whereas the waters of

both countries are deemed risky for navigation, the governments of Indonesia

and Nigeria do not seem to be doing enough to curb piracy. is paper observes

that due to the signicant commonalities between both countries in terms of the

nature of piracy, the signicance of the maritime sector, internal security, and

the geographical and economic positions in their regions, similar measures to

curb piracy can be recommended for both countries. Consequently, the paper

argues that strengthening legal regime and institutional framework, cooperation

with regional countries, including other relevant institutions, and the political

will to curb piracy by both governments are vital in suppressing piracy o Indo-

nesia and Nigeria.

Keywords: Law of the Sea, Law Enforcement, International Law, International Coop-

eration, International Criminal Law.

VII Indonesian Journal of International & Comparative Law 245-76 (April 2020)

246

Kalu

INTRODUCTION

It is a notorious fact that piracy is a threat to global shipping and other

maritime activities like international trade, shing, oshore oil explo-

ration, maritime transportation, maritime security of riparian states,

and leisure cras, including yachts.1 Unlike olden days pirates, con-

temporary pirates, inter alia, use global positioning system (GPS) to

track potential vessels that are targets for attack, deploy small arms and

Rocket Propelled Grenades (RPDs) to intimidate ships to reduce speed

or stop to allow them to board the ships, obtain information about

ships manifests and schedule, and operate mother ships (these include

very large merchant vessels, shing vessels and dhows).2 Additional-

ly, contemporary piracy targets oil and gas platforms and pipelines at

sea. e import of this is that technology, globalisation, government

bureaucracy, inadequate legal framework, compromised maritime reg-

ulatory and security agencies, and lack of prosecution have created a

conducive environment for piracy to be a sophisticated, brazen, and

lucrative industry.

Aside from the absence of piracy prosecution by some riparian states

like Nigeria and the fact that little capital is required to kick-start the

crime; the growing nancial crisis and recessions, political instability,

and heightened level of transnational organised crime motivate pirates

in some regions. For example, Indonesian piracy arose not only as a

result of the consequences of the Asian nancial crisis of 1997/8 (which

1. For details of piracy attacks on cruise ships and yachts, see Nebojsa Nikolic &

Eduard Missoni, Piracy on the high seas-threats to travelers, 20 J.  T

M. 313, 314-315 (2014), DOI: 10.1111/jtm.12051. Due to the threat posed

by piracy to maritime activities, those engaged in leisure sailing (cruise ships

and yachts) in high risk waters have been advised to make contact in advance

with the naval/military authorities. e implication of this is that piracy is a

potential threat to their safety. See BMP , B M P 

P  S  P, 71 (2011). Pirates also attack

all types of vessels, including yachts and sailboats. Kanee K. L. Panjabi, e

Pirates of Somalia: Opportunistic Predators or Environmental Prey?, 34 W. 

M E’. L.  P’ R. 377, 379 (2010).

2. BMP , B M P  D P  E

 D P  E M S   R S, G

 A, I O  A S 4 (2018).

247

Addressing the Issue of Piracy o Indonesia and Nigeria

Kalu

led to untold poverty, unemployment, and hardship) but also due to

the marginalisation of the minority tribes, such as the Aceh tribe, in the

country.3 On the other hand, the pollution of the environment of the

Niger Delta region due to oil exploration (which has resulted in poverty,

unemployment, health challenges, and infrastructure decadence) and

the weaponisation of militants and “area boys” by corrupt politicians

in the region culminated in the destruction of oil and gas installations,

stealing of crude oil and, subsequently, piracy o Nigeria.4

Unlike Somali pirates who specialise in kidnapping seafarers

for ransom, piracy o Indonesia and Nigeria essentially involves

the stealing of cargo which include natural resources, like crude oil

and palm oil. ese attacks adversely aect the exploitation of these

resources in Indonesia and Nigeria. While it is true that other vessels,

like container vessels and shing trawlers, are attacked and instances

of kidnapping and petty the are recorded, pirates o Indonesia and

Nigeria ordinarily target tankers because of their cargo (crude oil, palm

oil, and chemicals) which they steal and later sell at the black market.

us, the exportation of crude oil and other natural resources from

both countries, and, in particular, the importation of rened products,

for example premium motor spirit (PMS) to Nigeria, are threatened

with its attendant eect on the economic development of Indonesia

and Nigeria.5

It is pertinent to note that incidents of piracy o Indonesia has

continued at a high frequency as more brazen attacks are perpetrated

against vessels. Take piracy in the Strait of Malacca as a case study, it

has been reported that the number of piracy attacks has increased from

8 in 2018 to 30 in 2019, with the possibility of further attacks as the

perpetrators are yet to be arrested and, so, the increase in piracy is a

serious concern to the region.6 is heightened level of piracy does not

3. See Eric Frecon, Maritime Predations in the Malacca Straits: Treading New

Waters, NTS I, Aug. 1, 2009, at 3; and Brigitte Rohwerder, Piracy in the

Horn of Africa, West Africa and the Strait of Malacca, R L R.

Sept., 2016, at 5.

4. A.T. Simbine & O.N. Neji, e Niger Delta crisis: perspectives of its domino eect

on the Gulf of Guinea, 4 J. Pol. Sci. & Leadership Res. 57, 58-63 (2018). See also

Rohwerder, supra note 3, at 4.

5. Rohwerder, supra note 3, at 4-5.

6. Ann Koh, Piracy along Malacca-Singapore Straits jumps nearly Fourfold,