NEED FOR RESOLVING THE PROBLEM OF OVERL APPING CL AIMS HAS BEEN BROUGHT ABOUT BY THE POTENTIAL FOR VALUABLE OIL AND GAS RESERVES IN THE DISPUTED AREA
Ghana’s President, John Atta Mills, turns on the valve to allow the first barrel of crude oil to flow from the Jubilee offshore oil field (15 December 2010).
A crew member sits on a fishing net as Sierra Leonean security forces guard the Marampa 803, a vessel apprehended for alleged illegal fishing activities (January 2012).
GALLO IMAGES/REUTERS
Many observers share such optimism surrounding current oil and gas discoveries in Africa. There has been little or no exploration in the past, and technical solutions necessary for many ambitious offshore projects have only been developed in recent years. While offshore oil and gas provides huge opportunities, the necessary security measures have to be implemented at the same time.
Otherwise, exploration vessels, oil and gas installations or offshore supply ships could become prime targets for pirates, local rebel groups or terrorists. Due to a lack of assets, equipment and training, national security forces may not be able to provide the level of security required by oil majors, but private security companies could be an effective short-term remedy.
Private Maritime Security is Professionalising The private security industry gained a notorious reputation after civilians were killed in various incidents involving US-based security firms in Iraq and Afghanistan.
Even before that, many African governments were wary of private security after different companies were involved in a number of conflicts and coup attempts. Arguably, the most prominent one was Executive Outcomes (EO), a private army that consisted of ex-South African combat veterans. EO’s interventions in civil wars in Angola and
Sierra Leone received much attention. Despite significant criticism, however, both governments were essentially saved from being overthrown by rebel forces, as EO was brutally effective in all operations for which the company was contracted.11
All these operations, however, were conducted on land. Private security at sea is a much more recent phenomenon, with very different characteristics. Faced with a growing number of pirate attacks off Somalia, the shipping industry quickly realised that even large-scale naval operations combined with various measures to protect merchant ships (for example, travelling on different routes or at higher speeds) were not enough to contain the threat. Even though most ship operators had been at least sceptical towards armed security guards on their vessels, the mindset within the industry changed almost overnight when it became clear that embarked security personnel were able to protect ships, crews and cargoes.
Armed security personnel on merchant ships were an unforeseen development, so there were almost no rules and regulations in place. Many aspects of PMSC operations were conducted in ‘grey areas’, further complicated by the interplay between various jurisdictions. By its very nature, the maritime industry
operates in an international context and PMSCs had to observe local laws in their own country of registry, the countries surrounding the western part of the Indian Ocean and in the respective flag state.12 A typical example would be a United Kingdom-based PMSC sending a team of four armed guards (two of them British, the other two Indian) to Sri Lanka, where they would embark on a Liberian-flagged ship on a voyage to Egypt.
Despite the legal challenges and the fact that private shipping companies were employing armed security personnel to conduct military-style operations, private maritime security became a billion-dollar industry within a very short time. In a comprehensive analysis for 2012, Oceans Beyond Piracy estimated that the shipping industry spent between US$1.1 billion and US$1.5 billion on armed guards,13 yet there was virtually no PMSC that had been founded more than three years ago.
More recently, however, the industry has faced various challenges. Growing competition and a reduced threat level in the western part of the Indian Ocean have led to declining revenues for many companies. At the same time, many efforts have been made towards the regulation of PMSC operations, driven by national governments and the
shipping industry. Many larger private security companies were also the driving factor behind a new International Organization for Standardization (ISO) standard that companies have been able to obtain since early 2014.
Such an internationally recognised standard allows for independent certification, while national governments are able to maintain control over aspects they regard as critical.
For security companies with a certain market share, it makes commercial sense to support the introduction of an ISO standard. Although every bit of regulation will make it slightly more expensive to conduct their business, economies of scale will work in favour of the larger companies. Many smaller companies will struggle to obtain an ISO certification, making it less attractive for potential clients to employ their services.
Even though regulatory efforts are directed almost solely to the employment of armed guards on merchant ships, such efforts should be regarded as an opportunity by African governments. They could put the expertise PMSCs are able to offer to good use. While the provision of armed guards for the protection of merchant ships has been the most widely discussed service, PMSCs
Private security at sea is a fairly recent phenomenon, but has become very popular overnight as it is clear that embarked security guards are necessary to protect ships, crews and cargoes.
GALLO IMAGES/REUTERS
often employ former military personnel – and more often than not, they are highly trained and vastly experienced.
Coastal states in Africa could use these skills to address their short-term needs with maritime security problems, some of which have already been discussed.
For governments, cooperation with partners from the private sector is a controversial issue, particularly when it comes to security-related tasks. Such tasks are regarded as one of the most important obligations of any nation-state and African governments are highly suspicious, as they want to avoid constraints on their sovereignty. Being able to assert that sovereignty in an area that stretches more than 350 kilometres out to sea, however, means that a government has to provide ships, personnel and a sufficient operating budget, among other things. If only
some parts are missing, sovereignty at sea will be virtual.
Organised criminals or foreign fishing vessels can then use this ungoverned space to their advantage.
Private-sector involvement cannot be the solution to all security problems in the maritime domain. The necessary legal framework, for example, has to be provided by national governments, while politicians are usually reluctant when the provision of security is outsourced to the private sector. Employing private companies to provide specific services, however, could help many African governments address short-term gaps and give them time to develop their own capabilities.
Af ter all, even an unlimited budget would not instantly enable any nation to protect its EEZ. Sustainable development of naval or coastguard capabilities should take place within a strategic framework, involving all stakeholders in the maritime domain – such as local fishing communities, police and customs authorities or port operators. Long-term procurement and recruitment plans have to be derived from such a framework, and capability gaps can then be addressed individually.
In the meantime, some problems have to be solved sooner rather than later. For example, EEZ surveillance is an issue for virtually all coastal states in Africa, resulting in problems with smuggling and illegal fishing. Such aspects have long been ignored, but perceptions are changing – Private maritime security companies often employ former military personnel who are highly trained and vastly experienced.
GALLO IMAGES/REUTERS