[Congressional Record Volume 147, Number 119 (Thursday, September 13, 2001)]
[Senate]
[Page S9389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    GROWING PROBLEM OF PIRACY AT SEA

  Mr. AKAKA. Mr. President, I rise today to call attention to the 
growing problem of piracy at sea. The days of Blackbeard and Captain 
Kidd may be gone, but pirates are still with us.
  In February 2001 the International Maritime Bureau, IMB, of the 
International Chamber of Commerce reported that piracy attacks jumped 
57 percent from 1999 to 2000. The IMB reported a total of 469 attacks 
on ships either at sea, at anchor, or in port. Today's pirates prowl 
the sea in speedboats, armed with automatic weapons, satellite phones, 
and global positioning devices. They are often backed by organized 
crime syndicates, making use of forged registration documents and bills 
of lading to offload hijacked cargo. Rarely are hijacked ships 
recovered or pirates arrested.
  We should be concerned with this because U.S. trade and national 
security depend upon maritime transportation. Ninety percent of the 
world's cargo is carried over the seas. In addition to its role in 
foreign commerce, our Nation's merchant shipping fleet provides vital 
national security sealift in the event of war or other crisis. Crews 
and cargo are coming under increasing attack from pirates. Through 
violence or the threat of force, pirates are boarding vessels and 
looting cargo. Last year, there were 72 reported deaths of mariners and 
99 injuries due to pirate attacks.
  Maritime crime, in general, can take many forms including low-level 
assaults, thefts, armed robbery, organized hijacking, environmental 
crimes, and smuggling of humans or contraband. Criminals use violence 
or the threat of violence to target seafarers, cargo, and ships. 
Attacks may occur while at dock, in territorial waters, or on the high 
seas. Piracy can result in immediate loss of life and property and may 
present a threat to navigational safety.
  Under international law, piracy is defined as theft or other illegal 
acts of violence committed on the high seas for private gain by the 
crew of a private ship against another ship, or the persons or property 
on board. The phrase ``on the high seas'' is a legal term of art. It is 
any area not within the territorial sea, or sovereignty, of another 
state. Under the United Nations Convention on the Law of the Sea, a 
state's territorial sea extends 12 nautical miles from its coastline. 
Piracy on the high seas is considered a crime against all nations. 
Accordingly, under international law every state has the right to seize 
pirate ships on the high seas and arrest pirates who are subject to the 
jurisdiction of the courts of the state which carried out the arrest.
  The true scope of the piracy problem, however, is not known. Despite 
numerous press reports, current sea piracy statistics are incomplete. 
There is no consensus among reporting organizations on what constitutes 
a reportable piracy attack. Although the definition under international 
law requires that the attack occur on the high seas, some organizations 
include attacks at port. In addition, it appears that instances of 
piracy among noncommercial vessels such as yachts and regional 
fishermen may be significantly underreported.
  Although the risk of attack on U.S. flag ships is not significant, 
piracy is a problem for our trading partners in Asia. The nations of 
this region account for more than $435 billion in trade with the U.S., 
more than any other region in the world. Approximately 98 percent of 
this commerce moves by sea. The Malacca Straits, separating the Malay 
Peninsula with the island of Sumata, is one of the most important 
shipping lanes in the world. Surrounded by the nations of Indonesia, 
Malaysia, and Singapore, it is the shortest route between the Indian 
Ocean and the South China Sea. Asian allies, dependent on oil imports 
from the Arabian Gulf, rely upon ships passing safely through the 
straits. It also happens to be a pirate hot spot.

  The piracy problem in Southeast Asia has resulted in several regional 
responses. In July 2000 Indonesia set up a special court to try piracy 
cases. In November 2000 the Japanese sent a coast guard vessel to India 
and Malaysia to participate in joint exercises. In January 2001 
Malaysia launched an operation to reduce piracy in the Malacca Straits 
in cooperation with Indonesia, Singapore, and Thailand. In June 2001 
the Japanese Coast Guard announced that it is planning to send patrol 
boats to the region periodically to participate in joint training 
exercises.
  The U.S. has also responded to this issue through the U.S. Coast 
Guard, USCG. The Coast Guard's Deepwater Program is responsible for 
conducting operations 50 miles or more out to sea. The Coast Guard is 
leveraging its maritime law enforcement expertise by providing training 
to foreign maritime law enforcement agencies to combat sea piracy. For 
example, in June 2001 the USCG led a cooperation afloat readiness and 
training, CARAT, exercise on maritime law enforcement techniques with 
the Royal Thai Navy. CARAT is an annual series of bilateral exercises 
between the American military and that of several Asian nations 
including Indonesia, Malaysia, Singapore, the Philippines, and Brunei. 
Although well-suited for this mission the Coast Guard is currently ill-
equipped. It is in the process of modernizing its aging fleet to carry 
out more deepwater missions. The current plan calls for the replacement 
of approximately 100 cutters and more than 200 aircraft in the 
Deepwater Program.
  The rise in the number and seriousness of pirate attacks has drawn 
the attention of the United Nations' International Maritime 
Organization, IMO. The IMO encourages cooperation among governments in 
the area of regulations and standards concerning maritime safety. Since 
1998, the IMO has sponsored a series of seminars around the world to 
study the piracy problem and heighten awareness. At a June 2001 meeting 
the IMO renewed its call for all governments and industry to intensify 
their efforts to eradicate sea piracy and encouraged regional 
agreements supported by appropriate national piracy laws and adequate 
enforcement and prosecutorial capabilities. The IMO also approved a 
draft resolution for submission to the U.N. General Assembly session in 
November 2001.
  As the Bush administration reviews its policy on the issue of sea 
piracy, I strongly encourage consideration of the following points: (1) 
We need better statistics on pirate attacks to assess the national 
security risks. More detailed reporting and analysis is needed to 
determine the appropriate response to this problem. (2) The U.S. should 
commend those nations in the region that are attempting to police the 
waters within their jurisdiction and reduce the number of pirate 
attacks. (3) The U.S. should encourage further regional cooperation, 
such as the recent agreement between Japan and Southeast Asian nations 
regarding joint training exercises. (4) Finally, the U.S. should 
continue to support the actions of the United Nations in addressing the 
issue of sea piracy. This would include determining the scope of the 
problem, whether regional actions are adequate, whether further 
legislation is needed in some countries, and how the U.N. can be of 
assistance in drafting these new laws and encouraging more effective 
enforcement capabilities.
  Modern-day piracy must be stopped, and the United States can and 
should be an active partner in the fight against pirate attacks.

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