By Ms Siji Song, Crime Prevention and Criminal Justice Officer at UNODC SWAIMS webinar held on 9th February 2022, with private sector actors in West Africa

1. Improvement of the
legal framework for
maritime security in
West Africa
9 Feb 2022

2. Presentation
• Historical context and types of piracy
• Deep Offshore pirate group structure &
money streams
• Legal finish through legal reform &
hand-over agreement

3. Historical context
Three phases
- MEND-days insurgency piracy
- Post-Amnesty ‘Petro-piracy´
- Current K&R-piracy
Geographical development
- Larger area
- Not only oil cargo at risk (all vessels!)
Why bother?
- Piracy in the Niger Delta region has deep roots.
- It has evolved over almost two decades
- Some key figures still involved (in different
‘sponsor’ roles)

4. 3 types of piracy and maritime criminality
■ Deep Offshore pirates:
– Range: up to 220nm in 2021
– Objective: kidnapping of foreign seafarers
■ Coastal / Low-reach pirates
– Range: close to shore, some up to 40nm offshore
– Objective: attack passenger boats, fishers, or local vessels
■ Riverine criminals (not pirates as per UNCLOS definition)
– Range: creeks and waterways of the Niger Delta
– Objective: attack passenger boats

5. Why is this distinction relevant?
It matters, when answering several
important questions:
- How many pirate action groups exist?
- Who is being arrested?
- How do they recruit?
- What potential link(s) to cultism?
Answers to such questions vary depending
on the type of piracy/riverine criminality.
MSC Lucia: deep offshore pirates

6. Deep Offshore pirate group structure
1: High-level facilitators
Sensitive. Some have been left out from our report. Connections at high-level
2: Leaders & Negotiators
Disagreements over whether there are few negotiators OR few names that several negotiators are using
3: Special Function Pirate Group Members
Interviews suggest that typically so-called PAGs (Pirate Action Groups) comprises both experienced and less
experienced pirates. Some are very experienced.Typically not violent to the crew BUT have been violent in
confrontations with Nigerian Navy.
4: Foot soldiers
People cooking in the hostage camps, boys as young as 10 running errands for the pirates
Important to recall that offshore PAGs are part of a much broader structure onshore

7. K&R Piracy: Money streams

8. How much money did
pirates make?
What is the economic
loss for coastal States?

9. 4
$ 2 billion
According to report by
NGO Stables Seas, GoG
Coast States lose $ 2
billion annually
$ 4 million
Amount of seafarers
hostage-taking against
ransoms per year

10. Beginning of 2021 End of 2021
COMPLETED LEGAL REFORM
CONGRATULATIONSTO
• CaboVerde
• Senegal
• Liberia
• Togo
• Nigeria
• Gabon

11. HAND-OVER AGREEMENT
• WHY do we need hand-over
agreement?
• WHAT is the hand-over
agreement?

12. What if a GoG pirate is arrested at sea?
Arrest
Hand over to your
own prosecution
office
Vessel returning
to base
Universal
jurisdiction?
If not, no trial
Hand over to
another
prosecution office
Trial based on
universal
jurisdiction

13. EUNAVFOR
– Seychelles
Transfer
agreement

14. SWAIMS et
PASSMAR

15. ECOWAS SUPPLEMENTARY ACT
Feb-March
2021
Development of 1st
draft of theAct thr.
technical meetings
btw ECOWAS and
UNODC
29 March 2021
1st consultation FOGG
G7++VWG1 Legal
7-9 April 2021
Independent Expert
Group Meeting
24 May 2021
2nd consultation
FOGG G7++VWG1
Legal
June-August
2021
Revision of the 2nd
draft Act thr.
technical meetings
btw ECOWAS and
UNODC
28 Sep - 1 Oct
2021
ECOWAS
Government
Expert Group
Meeting
Oct 2021
Revision of the 3rd
draft Act thr.
technical meetings
btw ECOWAS and
UNODC
13 Oct 2021
3rd consultation
FOGG G7++VWG1
Legal
Nov – Dec 2021
Preparation for the
Sectoral Meeting of
Ministers of
Defence of the
Mediation and
SecurityCouncil
22 Nov 2021
4th consultation
FOGG G7++VWG1
Legal

16. NEXT STEPS
Dec 2021
Official transmission to
President for further
transmission to Legal
Directorate
Jan 2022
Transmission of the project
to the Sectoral Meeting of
Minsters
Feb 2022
Sectoral Meeting of
Ministers of Defence of the
Mediation and Security
Council (MSC)
March 2022
Transmission to the
Parliament for opinion
April 2022
Draft Act to be sent to
the Legal Directorate for
finalisation and
submission
Between two sessions:
Draft Act submitted
for signature by the
Chairman-in-Office of
the Conference
June: Signature by
the Heads of State
of ECOWAS during
the Ordinary
Session of the
Conference

17. PIRATES CONVCITED
INTOGO AND NIGERIATHISYEAR !
• G-Dona 1,Togo • Hailunfeng 11, Nigeria