1 Following adoption of United Nations Security
Council resolution 1851 (2008), the Contact Group on Piracy off the
coast of Somalia (CGPCS) was established and held its inaugural meeting
on 14 January 2009 to facilitate discussion and coordination of actions
among States and organizations to suppress piracy off the coast of
Somalia. The participants in the CGPCS, inter alia, agreed to establish
four working groups, one of which (Working Group 3) was to address
the strengthening of shipping self-awareness and other capabilities.
2 In order to progress the work of Working Group
3, 11 industry organizations developed the Best Management Practices
to Deter Piracy in the Gulf of Aden and off the Coast of Somalia (Best
management practices), attached in annex 1.
3 The Maritime Safety Committee (the Committee),
at its eighty-sixth session (27 May to 5 June 2009), considering the
distinctive nature of the incidents of piracy and armed robbery against
ships in waters off the coast of Somalia, and deciding that guidance
specific to the area was warranted, endorsed the work of Working Group
3 and agreed to promulgate the Best management practices to all interested
parties.
4 The Committee, noting that vessels engaged in
fishing in piracy affected areas off the coast of Somalia were particularly
vulnerable to attack, also endorsed the additional guidance to vessels
engaged in fishing attached in annex 2. This guidance is intended
to be read in conjunction with the Best management practices attached
in annex 1.
5 Nothing in the Best management practices or
in the additional guidance for vessels engaged in fishing should be
read as contradicting the Organization’s universal guidance
on piracy and armed robbery against ships contained in:
-
.1
MSC.1/Circ.1333 on
Recommendations to Governments for preventing and suppressing piracy
and armed robbery against ships;
-
.2
MSC.1/Circ.1334 on
Guidance to shipowners and ship operators, shipmasters and crews on
preventing and suppressing acts of piracy and armed robbery against
ships; and
-
.3 resolution A.922(22) on Code of practice for
investigation of crimes of piracy and armed robbery against ships,
or subsequent amendments thereto.
6 In considering the guidance in the Best management
practices on the use of non-lethal measures to deter boarding by pirates
or armed robbers, the Committee stressed that seafarers should not
be put at increased risk. With respect to the use of fire-fighting
systems, the Committee also recognized that the types and capabilities
of onboard fire-fighting systems vary on vessels. Such safety implications
should be considered in the vessel’s preparations for the transit.
7 Nothing in the attached Best management practices
should be read as limiting the Master’s authority to take action
deemed necessary by the Master to protect the lives of passengers
and crew.
8 Administrations are invited to bring the attached
Best management practices to the attention of shipowners, ship operators
and managers, companies, shipmasters, ship security officers and all
other relevant parties.
9 Member Governments are invited to bring the
attached Best management practices and the additional guidance to
vessels engaged in fishing to the attention of fishing vessel owners,
operators and managers, regional fishery management organizations,
fishermen and all other relevant parties.
10 Member Governments, Administrations, international
organizations and non-governmental organizations with consultative
status are also invited to bring to the attention of the Committee,
at the earliest opportunity, the results of the experience gained
from the use of the Best management practices and the additional guidance
to vessels engaged in fishing, for consideration of action to be taken.