Annexes to JOIN(2013)31 - Elements for the EU's Strategic Response to the Challenges in the Gulf of Guinea - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2013)31 - Elements for the EU's Strategic Response to the Challenges in the Gulf of Guinea. |
|---|---|
| document | JOIN(2013)31  |
| date | December 18, 2013 |
The region is an increasing magnet for European investment, not only in the natural resources but in the consumer goods and services sectors, including mobile telephony. That combines with a growing importance as a potential market for exports as the region's economic growth accelerates. All this makes for a growing mutual interest in a partnership to promote growth and jobs by ensuring security and stability.
It is equally in the EU's interests to promote stability in the Gulf of Guinea to protect the EU's own citizens from the threats of drugs, terrorism, piracy and armed robbery, and other forms of crime emanating from the region.
WHAT HAS BEEN DONE
The responses so far to these threats have included a range of initiatives over the last 5 years at international, regional and national levels:
- Two UN Security Council resolutions on Piracy and Armed Robbery in the Gulf of Guinea[8] that set-out the need for adopting “a comprehensive approach led by the countries of the region to counter the threat of piracy and armed robbery at sea in the Gulf of Guinea and their underlying causes”; and the need to build on “existing national, regional and extra-regional initiatives to enhance maritime safety and security in the Gulf of Guinea”. Both resolutions focus on promoting the maintenance of peace and stability in general in the Gulf of Guinea region.
- Under the auspices of the G8, a Friends of the Gulf of Guinea Group (FOGG) initiative has been launched to address maritime security in the Gulf of Guinea, of which the EU is a member. It focuses on the importance of African ownership; the link between economic development and security; the importance of coordination and exchange of information; and the need for a comprehensive response including governance and justice.
- The EU is addressing IUU fishing through the implementation of the IUU Regulation and through EU Fishery Partnership Agreements with many of the coastal countries of West and Central Africa helping regulate fishing, including by EU vessels, and supporting development/improved governance and control efforts in the fishing sector.
- Regional Organisations ECOWAS and ECCAS have adopted policies and launched specific actions, mainly as a result of both increasing international pressure and international support, including for ECOWAS a comprehensive Crisis Prevention Framework in 2008 addressing inter alia cross border and maritime security issues, a landmark Praia Plan to address the growing drugs problem, and a Counter Terrorism Strategy and Implementation Plan. ECCAS has an Integrated Strategy for Maritime Security since 2008 and set up the CRESMAC (Regional Centre for Maritime Security in Central Africa). The African Union adopted an African Integrated Maritime Security Strategy (2050 AIM Strategy) in 2012.
- Individual countries in the Gulf of Guinea have begun to increase resources and develop strategies in partnership to address organised crime both offshore and on land such as the joint patrols (Operation Prosperity) by the Federal Republic of Nigeria and the Republic of Benin.
- Increasing support from bilateral EU Member States programmes, and other international partners such as the US, Brazil, China, India, South Africa, and others, for policy formulation, coordination and institutional capacity building. EU Member States support is already very substantial, notably as regards capacity building of key institutions and services.
- The Summit of Gulf of Guinea Heads of State held in Yaoundé on 24-25 June 2013 has led to:
(a) The Adoption of a 'Code of Conduct Concerning the Prevention and Repression of Piracy, Armed Robbery against Ships, and Illegal Maritime Activities in West and Central Africa' which will be reviewed in 3 years[9].
(b) The Adoption of a Memorandum of Understanding (MoU) signed by the ECCAS, ECOWAS and GGC Heads on Maritime Safety and Security in West and Central Africa, setting out the establishment of an experts group to prepare a follow-up action plan for implementation of the Code of Conduct.
(c) Decision to locate the Intra-regional Coordination Centre (as outlined in the MoU) in Yaoundé. This will be the mechanism to oversee implementation, under AU auspices.
In terms of defining the strategic requirements and necessary policies, much work has therefore been done. Implementation, however, has been severely limited by resource constraints and the gap with the level of further investment needed to reverse the rising trend of organised crime remains wide.
THE WAY FORWARD
The Yaoundé Summit signalled a firm commitment from individual states, the regional organisations and GGC to work together and with international partners to develop regional maritime security in its widest sense.[10] Follow-up to this Summit is therefore a useful starting point for the EU's approach.
The EU's approach should be based on three principles:
- partnership with the countries of the Gulf of Guinea, their regional organisations and other international organisations active in the region (ECOWAS, ECCAS, GGC, Maritime Organisation for West and Central Africa (MOWCA), plus UN Offices for Central and for West Africa, UNOCA and UNOWA, and international organisations including the AU, UN agencies such as International Maritime Organisation (IMO), as well as INTERPOL, World Customs Organisation (WCO) and others);
- a comprehensive approach to the problems, ensuring that security, development and governance issues are integrated in to a single strategic framework.
- applying the lessons learnt from our strategies in other regions of Africa.
The EU proposes an integrated approach to governance issues and all security risks and challenges on land and sea, addressing all aspects of transnational organised crime in the maritime domain as set out in the Code of Conduct signed in Yaoundé, tackling the underlying causes, and promoting regional peace, security, stability, good governance and development. Supporting border management, the rule of law, reforming legal and security frameworks, ensuring access to justice and human rights, fighting corruption and organised crime including illegal migration, are essential components of the long term work ahead. Economic governance is also key, such as better management and societal participation in the exploitation of natural resources, including oil, fisheries and others. Other important elements should include building on existing successful EU actions and learning the lessons of the EU Sahel and Horn of Africa strategies; working at national, regional and international levels, with individual or groups of States which have the political will to act (and encouraging others to join).
Bearing that in mind, the EU approach will focus on the following four objectives:
Objective 1 – Building a common understanding of the scale of the threat in the Gulf of Guinea and the need to address it among the countries in the region and the international community.
The aim is to develop a sound, factual basis for policy-making and action, promote a sense of ownership among African countries, and encourage the political will to tackle the problems. It will also enable the EU to judge better the cost and benefit of actions proposed.
Cooperation with key stakeholders in countries and regional organisations, including civil society organisations, Non-Governmental Organisations (NGOs), Regional Fisheries Management Organisations (RFMOs) and the private sector will make it possible to define a comprehensive picture of the scale of the threat, identify opportunities and agree priorities.
Possible action:
- improve data collection (currently only 30-50% of maritime incidents are reported) and information sharing;
- identifying geographic and thematic priority zones to focus the EU response, including in cooperation with other international actors;
- address the wider drivers of instability according to the level of risk using tools like the Conflict Early Warning System and Conflict Risk Assessments, and EU Human Rights strategies;
- ensure alignment of thematic (security, drug trafficking, and counter-terrorism) and geographical policies/strategies;
- maintaining close links with the private sector, notably industrial, artisanal fisheries and mining sectors, and shipping companies to ensure their perspectives are taken into account by governments.
- Support dialogue with civil society, industry and governments.
Objective 2 - Helping regional governments put in place the institutions and capabilities to ensure security and the rule of law.
Resilient national (and regional) institutions able to counter the threats on a sustainable basis are essential for an effective fight against organised criminal networks. These institutions need to have the will to counter criminality, the mandate and resources to do so, as well as the technical capability, including in specialist areas. The EU has the experience and resources to help build local capacity, and should encourage the necessary political support through political dialogue.
The institutions include:
- political institutions (for example parliaments, election management bodies, political parties) that can provide other institutions with a mandate to intervene and an appropriate legal framework to do so;
- security institutions (for example internal security forces, coastguards, port authorities, customs authorities and military – land, sea and air forces, all with associated intelligence gathering functions) that can conduct surveillance operations and where necessary, intervene to protect trade routes, oil installations and disrupt illegal activities such as drug and human trafficking. A suitable legal framework and political accountability need to be in place to ensure clear responsibilities in relation to serious crimes on land or sea. Capacity reinforcement is needed in specific areas where they are weakest (for example countering piracy at sea, or detecting drugs).
- rule of law institutions (for example police, courts and prisons, including specialised tribunals for example in the areas of customs or fishing) that can a) enable suspects to be investigated, tried and suitably punished according to law and with respect for human rights standards; b) facilitate access to justice and human rights protection (also for victims of human trafficking); to promote judiciary and home affairs reform. Some key dimensions here are the independence and protection of judges and investigating magistrates, forensic capacity to provide evidence in court and reduce the use of illegal interrogation methods.
- economic and environmental management institutions: national authorities need to reduce corruption where it exists, prevent money-laundering through national financial institutions, avoid corrupt or incompetent management of natural resources contracts, and ensure sound environmental management by commercial operations.
- oversight institutions and civil society (for example auditor general, ombudsman, anti-corruption institutions, media, NGOs, think tanks, community groups) that can encourage good governance and rule of law to counter the enabling space for organised criminal networks to operate in.
The EU should seek to engage with the local communities, civil society and media to help citizens hold these institutions accountable.
Possible action:
a) to improve the rule of law through strengthening national law enforcement agencies and the judiciary; improving sea and land surveillance capacity; supporting enhanced interagency and regional coordination in the fight against drugs and organised crime including security and legal cooperation, data sharing, and cross-border anti-trafficking joint actions; supporting the development of the 2050 Africa Integrated Maritime Strategy and improving monitoring and reporting of maritime security breaches, including collection of evidence for prosecution
b) to improve economic and environmental governance through development or enforcement of legal frameworks for fishing and offshore mineral exploitation, including fish licensing systems; working with international organisations, Regional Fisheries Management Organisations, and other key bodies in ensuring respect for international law and regional norms; working with the private sector – including oil and maritime industry to promote corporate responsibility actions and consultation with civil society and local communities.
Objective 3 – Supporting the development of prosperous economies in the coastal countries, enabling them to provide basic services, employment opportunities and poverty reduction for their citizens.
Many States of the Gulf of Guinea are fragile Least Developed Countries (LDCs), with low key development indicators such as life expectancy, health and literacy. Widespread poverty, poor governance and under-development can facilitate the emergence of criminal activities. Generating legitimate and sustainable jobs for young people could help tackle some of the underlying causes feeding insecurity in many Gulf of Guinea countries.
EU development policy, including the EU’s Agenda for Change, prioritises assistance to the poorest countries, particularly fragile states. Key issues addressed in the Agenda for Change include good governance, inclusive and sustainable growth, agriculture, food security, clean energy, and improving resilience to the consequences of climate change. In terms of nutrition, trade, economic development and employment, the importance for the region of improvements to the management of the fisheries sector, notably artisanal coastal fishing, is evident.[11]
Possible action
- Continue and extend the ongoing work to improve regulation and management of key industries in Gulf of Guinea countries including fishing and extractives;
- Increase community participation in local economic development and support communities through expansion of access to energy and basic services;
- Engage with Gulf of Guinea countries, Regional Fisheries Management Organisations, International Organisations and other key stakeholders to improve regulation and management of fisheries and extractive industries.
Objective 4 – Putting in place cooperation structures between the countries of the region to ensure effective action across borders at sea and on land.
The importance of information sharing and cooperation among a wide range of agencies and actors, public and private, makes it essential to build strong planning and coordination among them, notably with the key regional organisations; ECOWAS, ECCAS and GGC. The broader coordinating role of the African Union has proven its value in the Horn of Africa and is increasingly appreciated by the regional organisations in the Gulf of Guinea. EU cooperation needs to support this integration and coordination of effort.
Possible Action:
- Improve planning, coordination and communication amongst regional partners; help regional organisations work more collaboratively in follow-up to the Yaoundé Summit;
- Identify where active partners like the US, Canada, Japan, China, as well as the UN, World Bank, and other multi-lateral organisations/institutions can have a positive impact, including the Gulf of Guinea in our political dialogue with these partners;
- EU Political Dialogues with the States and the Regional Organisations and other regional bodies should regularly assess the security at sea and on land as well as the development situation, trends and needs;
- Support ECOWAS, ECCAS, GGC and the African Union in their efforts to coordinate internally, with their Member States and with each other, and with external partners.
CONCLUSIONS
Although some promising steps have been taken nationally, regionally and internationally, the scale, variety and shifting nature of criminal activities and the complexity of the underlying problems require much more attention at national, regional and international levels. This approach is fully consistent with and complementary to national poverty reduction policies and regional initiatives, as well as in synergy with actions implemented through the Fisheries Partnership Agreements and actions implementing the IUU Regulation. It is clear that activity across the different objectives as set out in this framework can be mutually reinforcing and complementary.
It will be important however to coordinate all these different initiatives both in the region and amongst EU institutions in Brussels, and with EU Member States own programmes as well as the international community. Our level of ambition, albeit broad and encompassing the full range of economic, social, governance, security and development challenges, is the right approach at this stage.
It will be wise to concentrate where the EU can have the most effect. Post-Yaoundé there is an opportunity to lever support to the regional African-led coordinating platforms that are developing.
Ultimately, this strategic framework will allow us to better judge and plan the EU’s work with its partners in the Gulf of Guinea in a more coherent way. Increasing the EU’s focus now on coordinating better will have significant effects on security, investor confidence, prosperity, livelihoods, the environment, and energy supplies.
[1] Including the many neighbouring landlocked countries whose supplies depend on coastal economic activities.
[2] International law differentiates between "piracy" – incidents which take place in international waters – and "armed robbery at sea" – incidents which take place in territorial waters.
[3] Examples of illegal waste include herbicides and pesticides, oil spill, untreated industrial wastes including nuclear and aerosol contaminants.
[4] 5-7 million Small Arms and Light Weapons are estimated by UNODC to be in circulation in the Gulf of Guinea region.
[5] Diamonds have contributed to the fuelling of conflict in the region, which led to the establishment of the Kimberley Process (KP) Certificate Scheme to stop conflict diamonds reaching international markets.
[6] European Parliament report Aug 2011, PE 433.768: "The Effects of Oil Companies' Activities on the Environment, Health and Development in Sub-Saharan Africa" focuses on lessons from Angola and Nigeria.
[7] Examples include iron ore (Nigeria, Gabon and Cameroon), diamonds (Guinea, Liberia, Sierra Leone), manganese (Gabon), bauxite (Guinea), cobalt and timber (Cameroon) and cocoa (Ghana, Ivory Coast).
[8] UNSCR (2011) 2018 and (2012) 2039
[9] The Code is inspired by the IMO Djibouti Code of Conduct for the Western Indian Ocean. Its main features are a particular emphasis on information sharing and coordination, facilitated by a designated national contact point in each State, and a number of regional transnational and trans-regional maritime security coordination centres; and clear engagement by States to declare their exclusive economic zones and enforce their own laws, including on fishing, piracy and armed robbery at sea, environmental protection, waste dumping and mineral resources including oil. The Code will be kept under the African Union auspices, rather than the IMO, for greater African ownership. The Code is non-binding for now.
[10] The EU defines maritime security Regulation 725/2004, Art. 2.5 as the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts.
[11] For the EU there are also considerable potential gains from strengthening local capacities to conserve and manage fish stocks, in the form of improved perspectives for EU fishing fleets and increased security of maritime routes due to better local surveillance.