Issue 5, October 2022
Welcome!
Reporting to you on our activities these past months. Our esteemed implementing partners have made great strides in contributing to improving maritime security in West Africa. Read on!
Contents
1. Editorial
2. News roundup from our implementing partners
3. News from SWAIMS Technical Assistance Team
1. EDITORIAL
Maritime boundaries – from problems to solutions
A founding principle of the African Union, at the time it was known as the Organisation of African Unity, was that the boundaries inherited at independence, however unsatisfactory and damaging to local communities, were to remain.
Wherever disputes have arisen, international jurists are guided by agreements forged between colonialists. In maritime disputes, the legal notion of uti possidetis juris (meaning ‘as [you] possess under law’: a principle of customary international law that serves to preserve the boundaries of colonies emerging as States) offers scant guidance.
The delimitation of a country’s territorial waters (12 nautical miles from the shore baseline) and its exclusive economic zone (EEZ – up to 200 nautical miles) could only be agreed upon in 1982 at the 3rd conference of the United Nations Convention on the Law of the Sea (UNCLOS), long after the last European flag had rolled down the mast.
Demarcating a maritime boundary is complicated by the shallow history of precedent and the lack of unanimity over the guiding principles. For instance, should boundaries run as parallel extensions of the land boundaries or tangentially? The situation is further complicated by offshore islands that can be used for extending further out claims to territorial waters and EEZ. Where the contested territory contains valuable resources, resolving such differences adds urgency, as the lack of legal clarity can impede the development of resources, particularly the exploitation of mineral deposits, or alternatively, attract illegal operators, where state and local populations gain minimal benefits, as is the case with illegal fishing.
Fortunately, West Africa has so far wisely sought to arrive at amicable solutions using various existing mechanisms. Guinea Bissau decided to submit to the findings of an Arbitration Tribunal in settling both northern and southern borders. But while reaching an accord with Guinea, it did not accept the decisions along its northern border with Senegal. As a mechanism, arbitration may be attractive precisely because a party may choose to repudiate its conclusion, with little consequence, albeit at the cost of retaining the status quo, or returning to a status that does not sit well with all parties in the dispute. Arbitration is also less expensive than involving the International Court of Justice (ICJ), which does, however, have the power to pass a binding judgment. It is probably precisely to avoid such finality – as well as the expense – that Senegal and Guinea Bissau discontinued their proceedings in 1995. For their part, Ghana and Cote d’Ivoire, turned to the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS), the Hamburg-based dispute-mechanism created by UNCLOS, which arrived at a judgement on merit in 2017.
But the most congenial arrangement was between Nigeria and Sao Tomé. Instead of delimiting the boundary, the two countries agreed on sharing petroleum and other living maritime resources of the EEZ on a 60/40 basis, respectively. Initiated by the presidents of the two countries, this approach delivered a speedy, low-cost resolution.
With increasing pressure on fish stocks and the invariable discovery of hydrocarbon deposits and other mineral reserves, it is conceivable that maritime boundaries will continue to be contested in West Africa. Fortunately, countries have a range of options for arriving at an equitable distribution of maritime resources, for as long as they resolve to negotiate in an amicable fashion. And with amiability abundant in the ECOWAS region’s maritime space, there is ample room for exploring the different options available.
2. News roundup from our implementing partners
Progress by our partners to enhance West Africa's maritime security
UNODC – Cross-country transfer of piracy suspects, property and evidence for prosecution
In July 2022, ECOWAS approved the Supplementary Act on the Conditions of Transfer of Persons Suspected of Having Committed Acts of Piracy and Their Associated Property and/or Evidence for prosecution among member states. The Act was to further strengthen gains made in securing ECOWAS' maritime domain from piracy.
In drafting the Act, ECOWAS worked in partnership with the United Nations Office on Drugs and Crime (UNODC) with support from the European Union (EU) through the SWAIMS Project. More
GIABA – Following the money to curb the crime
As we reported in Issue 2 of SWAIMS News last year "One of the tenets for any criminal investigation is to follow the money. But when it comes to maritime crime, be it piracy, armed robbery at sea, IUU fishing, oil theft and so on, the financial circuits have for long been steeped in mystery."
At the time, GIABA (Groupe intergouvernemental d'action contre le blanchiment d'argent en Afrique de l'Ouest | Inter-Governmental Action Group against Money Laundering in West Africa) was then embarking on research to unravel how the proceeds of criminal activity at sea enter the economy, the laundering mechanisms, and the consequent dependencies and relationships that arise.
Just slightly over a year later, research results are now steadily streaming in. Preliminary conclusions of country-level reports are now undergoing validation, after which a consolidated regional report will be drafted. Between 22nd September and 12th October 2022, six national validation workshops have been held in Bissau, Abidjan, Accra, Lomé, Cotonou and Abuja.
We shall bring you more updates as the research results unfold.
Boats, equipment and training to enhance regional maritime security: Camões IP presses on
SWAIMS is a large, multi-dimensional project, with equipment provision right at its core. Of this equipment, rigid-hull inflatable boats (RHIBs) kitted with forensic tools are the centrepiece, to further enhance the capacity of Coast Guards and naval forces when patrolling national waters. Portugal’s Camões IP partnered with the Portuguese Navy to deliver these RHIBs and necessary customised training for receiving countries.
For the RHIBs, modalities were agreed upon in April at an ECOWAS-convened high- level seminar in Abuja organised by SWAIMS and attended by government delegations mainly from the Ministry of Foreign Affairs, maritime authorities, Ministry of Transport and the navy (reported in SWAIMS News Issue 4).
Matters progressed positively and rapidly from that point primarily powered by the country-level facilitative memoranda of understanding (MoUs) whose signing began in June. Following the Abuja seminar in April, at the time of reporting, six governments have thus far signed the facilitative MoU: Liberia (27th June), Guinea Bissau (29th June), Sierra Leone (5th July) Cabo Verde (13th July), Nigeria (23rd August) and Senegal (29th September). Three others – Benin, Guinea-Conakry and The Gambia – are close to signing, while discussions are underway with the authorities in Côte d’Ivoire, Ghana and Togo.
In addition, since the Abuja seminar, Camões IP has conducted training needs assessments in Liberia, Cabo Verde and Guinea Bissau in June and July (see photos), and in Sierra Leone in August.
Running in parallel with the MoU process, matters are moving apace on procuring the boats. The tender notice was published on 10th August, with a decision expected in October/November. Watch this space!
MARSUREX22 kicks off in Liberia
 During the consultation visit of the SWAIMS Technical Assistance Team (TAT) to Liberia in December 2021, one of the key priorities listed by the Liberian Coast Guard (LCG) was testing their existing standard operating procedures. The best way of putting theory to practice for naval forces is going out on patrol.
It was therefore agreed that LCG would organise a patrol of territorial waters, with an inspection of vessels of interest, by using multiple information and systems for maritime domain awareness. The exercise – dubbed MARSUREX22 Liberia – was conducted by LCG in conjunction with other maritime authorities in Liberia (details further below), in coordination with Camões IP, and with technical assstiance and support from SWAIMS TAT. Camões is one of SWAIMS' implementing partners. They participated in the Liberia LCG activity as part of their training needs assessment (see related Camões story above on boats and equipment).
Here is how MARSUREX22 went down in Liberia:
- On 20th of June, a roundtable was held at the LCG headquarters with representatives from all the participating maritime authorities, the Liberian Maritime Authority (LIMA) the National Fisheries and Aquaculture Authority (NaFAA) and Skylight. Each of the participating organisations outlined their respective responsibilities, competencies and objectives.
- Day Day 2 (21st June) was devoted to planning, using information from various sources, including Skylight – an open-source (free-of-charge) tool for detecting suspicious events in real time in the maritime domain, primarily illegal, unreported and unregulated (IUU) fishing. But it can also be deployed to detect other illicit maritime activities. At MARSUREX22, Skylight provided several real-time satellite images of interest during the preparation and planning phases.
- On day 3 (22nd June) two LCG boats, one of the Defender 33 class accompanied by a 7-meter length rigid-hull inflatable boat (RHIB), embarked on an inspection mission in Liberian territorial waters. The joint inspection team included officers from LIMA, NaFAA and LCG. At 15 nautical miles, the suspected target identified in the planning phase was hailed and stopped. The team then boarded, inspected the fishing trawler, communicated the information and then moved back to base. It was followed by a debriefing session and review by Liberian maritime agencies and SWAIMS Maritime Security Adviser, Cmdr Rui Amado.
This practical and real-life maritime exercise was excellent training for all the Liberian martime authorities involved.
Given its success, SWAIMS is considering replicating the exercise in other countries, as well as at zonal and regional levels.
UNODC studies gender and maritime crime
As part of its activities in the SWAIMS Project, UNODC convened a gender assessment workshop at which findings of a forthcoming study entitled Assessing the gendered dimensions of maritime crime responses and capacity in West Africa were presented. The workshop was held in Lagos, Nigeria, from 28th to 29th June 2022.
Dr Ifesinachi Okafor-Yarwood, a specialist in maritime governance and security, presented study findings covering Benin, Côte d’Ivoire, Ghana, Togo and Nigeria.
 Attending were 35 West African representatives from government (armed forces, agencies) and civil society, from whom responses to, and recommendations on, the study were sought, as key stakeholders in the region. Due to its geostrategic location, West Africa is an important trade route for international shipping and economic activities, especially fisheries, with women dominating post-harvest activities whilst men control fishing activities. However, each country has differing dependencies on fisheries, the economic opportunities the sector presents, and the attendant maritime crimes.
Turning to maritime administrative agencies, the staff in four of the five countries is predominantly men, with most countries at approximately 30% for women employees, illustrating the gross gender inequality in West Africa’s maritime sector. And even as there are women in high-level positions, “they are often left out of technical, strategic, operational capacity-building and decision-making processes,” according to Dr Okafor-Yarwood. For both ECOWAS and the EU, gender-balanced participation and representation is a critical mutual goal that is actively pursued and progressively being assured through EU-funded ECOWAS projects, amongst other efforts.
The perpetration of maritime criminality was also discussed through the gender lens, and at three levels: top level (land based), mid-level (sea-based) and bottom level (also land-based). Men dominate the top level but the reality is that women’s perpetration tends to be overlooked. In Nigeria for example, women are purported to own camps for illegal oil refining or crude-oil theft. Generally, these women take advantage of the gender norm where women tend to be perceived as ‘meek and innocent’. And while perpetration by women at mid-level is very minimal, they are however quite active at the bottom-level as ‘couriers’ and ‘criminal caregivers’. It must however be noted that the involvement of women in maritime crime is more anecdotal than empirical, for which Dr Okafor-Yarwood provides two explanations: “The extension of the gendered invisibilities that women experience in the maritime sector more generally, and the fact that maritime security enforcement concentrates on the mid-level of maritime criminality.”
Unemployment and poverty, and erosion of family and traditional values among coastal communities are amongst the impacts of maritime criminality that have a gendered nature. Some of the negative gendered responses to these impacts include sex for fish or money in coastal communities, sexual exploitation at sea, child labour and illegal migration.
Military, customs, immigration and law-enforcement personnel attending the workshop confirmed that they are prohibited from marrying within 2–3 years of joining the service. This tends to disproportionately affect women, as they can get pregnant which is obvious, whilst the men can surreptitiously get married and still serve. This inhibits women from these sectors of employment, on top of the more widespread lack of – or lower – ‘scolarisation’ for girls. Multilevel, concerted solutions to these multiple challenges must be implemented at community, institutional, national and international levels.
For more on gender dimensions in maritime (in)security, please also see Guest Editorial by Dr Okafor-Yarwood in a past issue of SWAIMS News.
SAN-speak: Voices of the SWAIMS Alumni Network
We introduced the SWAIMS Alumni Network (SAN) in SWAIMS News Issue 1 and have faithfully carried a profile in each issue. Thus, the story continues...
Midcourse switch from business to sea in Senegal
What makes a business lawyer switch to maritime law and environmental protection mid-career?
Intriguing, isn’t it? Today, we get answers to this question from Ndeye Ramatoulaye Ba (pictured), who, after 12 years practising business law in Senegal, changed tack.
Let us take a trip back in time with Ramatoulaye to where her journey of change began. Flashback, April 2021. The lovely setting: Abidjan, Côte d’Ivoire’s capital by the seaside, with its balmy weather and beautiful trees. It was here, in the serene and inspiring environment of l’Institut de sécurité maritime interrégional (ISMI – Interregional Maritime Security Institute) that prompted this career change.
Ramatoulaye attended a SWAIMS maritime security course at ISMI from 19th to 23rd April last year. Her views on the course? “It was and refreshing, taught mainly by practitioners in the field of maritime security. Our teachers were commanders, colonels, captains – people deeply steeped in the marine domain. So they gave us hard facts and real-life experiences, not just theories,” Ramatoulaye recalls. The course was very fulfilling for Ramatoulaye as her own country, Senegal, is confronted by illegal migration and illegal, unreported and unregulated (IUU) fishing.
The sheer magnitude and complexity of maritime security along the West African coast can be daunting, something she sees borne out in the very title of the certificate she obtained in: Repression of Crimes Committed at Sea: Armed Robbery, Maritime Piracy, Illegal Migration, Narcotraffic and IUU Fishing.
“When one mentions piracy, most people think of the romanticised Pirates of the Caribbean, not the actual predatory pirates that ply the Gulf of Guinea!” Ramatoulaye quips with a wry smile. “In Senegal, when there are drug seizures, the citizens tend to ignore or have no clue about the connection between narcotraffic at sea and the drugs being seized. We do not know that there is a very large problem of surveillance of the seas where a great deal is happening.”
When it comes to strengthening security in the Gulf of Guinea, she doesn’t believe in reinventing the wheel, but that we must strengthen pre-existing structures. The states should find logistical and financial means to support organisations fighting insecurity in the Gulf of Guinea. The ECOWAS states must be more rigorous. They must stop granting fishing licences to foreign vessels and do a lot more monitoring with the right people in place.
The short ‘taster’ course at ISMI was both game-changer and pace-setter rolled into one for Ramatoulaye. It charted for her a course that led her right back to where it all began, while also reaffirming her resolve.
Ramatoulaye’s transformative journey of change ended with her completing a Master of Law: Law and Security of Maritime and Oceanic Activities last year, also at ISMI. And she is already putting what she has learnt to practice, currently working on a maritime pollution case.
Ramatoulaye can be reached through the SAN Secretariat.
3. News from SWAIMS Technical Assistance Team
Come on in! CRESMAO opens its doors
With the technical and financial support of the SWAIMS Project's Technical Assistance Team (TAT), and under the aegis of the ECOWAS Commission, CRESMAO held a high-profile Open Day on 21st September 2022 in Abidjan, Côte d’Ivoire.
The goal was to increase the visibility of the regional centre. It drew 142 participants from the private sector, civil society, academia, state actors (navy, maritime affairs, fisheries, port authorities), shippers' councils, embassies and communications. There were 11 presentations and exhibitions.
The occasion was graced by Mr Abroulaye Fofana, Permanent Secretary of the Ivorian Inter-ministerial Committee for the State Action at Sea; Dr Abdourahmane Dieng, Head, ECOWAS Regional Security Division and Mrs Anne-Catherine Claude, Team Leader for Democratic Governance and Employment of the European Union (EU) Delegation to Côte d'Ivoire.
Several embassies were also represented, namely, Ghana, Guinea, Niger, Nigeria and Senegal, as well as Brazil, Britain, China and USA.
The Head of CRESMAO, Rear Admiral Istifanus Mu'azu ALBARA, presented the challenges facing the centre, including funding.
Mr Fofana reaffirmed Côte d'Ivoire’s steadfast commitment to continue supporting CRESMAO, and to establish a more suitable permanent headquarters. The EU representative likewise reiterated that EU will continue to support the fight against maritime insecurity and organised crime, and advised that a regular dialogue be maintained between non-state actors and state actors. The representative of the ECOWAS Commission noted that the event was unprecedented in the region, and should be institutionalised.
Role of landlocked countries in maritime security
SWAIMS Technical Assistance Team organised a workshop on The role of landlocked countries in securing ECOWAS maritime domain from 13th to 14th July 2022 in Niamey, Niger. Cap Mohammed and Mr Maliki Salifou respectively represented ECOWAS and CRESMAO.
 The main objective of the workshop was to discuss with civil society organisations (CSOs), shippers' councils, chambers of commerce and transport departments on the interests and rights of landlocked countries in the maritime sector, and their role in the fight against maritime insecurity.
The workshop brought together 28 participants, of whom 18 were from Niger and six from Burkina Faso. Women were well-represented. Three of ECOWAS’ 15 countries are landlocked. The third landlocked country, Mali, was not represented as the country was under an ECOWAS embargo during the workshop’s planning and preparation stages.
Specific objectives were: (i) to present the ECOWAS Integrated Maritime Strategy (EIMS) and the West African Maritime Security Architecture; (ii) explain the rights of landlocked countries to maritime spaces in accordance with the United Nations Convention on the Law of the Sea (UNCLOS); (iii) leverage the role of CSOs from landlocked countries in maritime security; and, (iv) increase the visibility of the ECOWAS Commission, the European Union and the SWAIMS Project.
Amongst the recommendations from the workshop were:
- that EIMS be evaluated every six months;
- operationalising a one-stop port and international commercial windows;
- creating a framework for consultation between customs, shippers' councils, and other players in the transport chain;
- intensifying the sensitisation of CSOs of landlocked countries on seas and oceans; and,
- concerted and federated action between countries with and without coastlines.
It was clear that the workshop had convinced participants that despite their countries lacking direct sea access, they are affected by maritime (in)security.
Future SWAIMS activities with civil society should include discussions on other areas connected to maritime insecurity, which are as important as the previous ones. Additional important areas include:
- illegal migration by sea,
- the fight against marine pollution and illegal fishing, and
- the empowerment of young people.
Equally important is a regional strategy that can serve as a guide for the ECOWAS Commission for future action with civil-society actors in the maritime sector.
The event was well covered by national and international media, including same-day news coverage by Niger’s national television station Labari, including in its Hausa broadcast; and in Le Monde newspaper.
Workshop photos | presentations
The Gambia - Steps towards information-sharing MoU for maritime stakeholders
Over several months now beginning in February, SWAIMS' Technical Assistance Team has been deeply involved in the conceptualisation and drafting of a memorandum of understanding (MoU) on the sharing of information between maritime stakeholders.
In early September, the MoU was validated by representatives from 21 agencies, departments and ministries in The Gambia.
 The MoU was thereafter submitted to relevant departmental directors for signature, and is expected to come into force later this year. More details | photos
TAT also continues to contribute to efforts towards Gambia's Integrated Maritime Strategy.
SWAIMS TAT at G7++ Friends of the Gulf of Guinea meeting
By Marta Vazquez-Pimentel, Project Director, SWAIMS Technical Assistance
Stakeholders from the region and partner countries met in Berlin, Germany, on 5th and 6th July 2022. The G7++ Group of Friends of the Gulf of Guinea (G7++ FoGG) has supported the regional mechanisms of the Yaoundé Code of Conduct by improving coordination among all stakeholders, including civil and military agencies.
It was the first of two plenary meetings organised by the current Côte d’Ivoire–Germany co-presidency.
SWAIMS was instrumental in ensuring the participation of the ECOWAS Commission, represented by Col Abdourahmane Dieng, Head of the Regional Security Division, and Ms Odette Gabson Kouao, Maritime Legal and Policy Officer. Both were panellists, actively participated in discussions, and were in the Working Group on Finance.
Funding for maritime security, particularly the Maritime Multinational Coordination Centres (MMCCs) collectively known as the Yaoundé Architecture, is a pressing concern. Also, more avenues for strategic private-sector integration should be explored, and awareness raised on the importance of developing a culture of national maritime security that translates into practical and proactive actions from the public and private spheres, which, collectively, will enhance regional maritime security.
SWAIMS TAT also arranged for a visit by Col Dieng to the German Ministry of Foreign Affairs, during which he explained the working of the system in more detail and outlined the rising needs. From the outset, Germany has been one of the key supporters of regional maritime security, setting up radio masts for VHF and HF transmission beyond the three zonal maritime centres. The German authorities re-affirmed that the Gulf of Guinea remained a priority for Germany, with focus on supporting activities undergirded by inter-governmental accords such as the Yaoundé Architecture. Firmly anchored in the Yaoundé Code of Conduct, formulated through an inter-regional agreement, and having an elaborate institutional arrangement of capacities and mandates, the Yaoundé Architecture meets all those criteria.
The Berlin meeting also provided opportunity for SWAIMS to report on progress so far. The follow-up G7++ FoGG meeting is planned for the last week of November 2022 in Abidjan, Côte d’Ivoire. We would like to thank the G7++ FoGG convenors for the good organisation and warm welcome. We learnt a lot and we look forward to the next one!
Meantime, here are more photos from the July meeting.
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