Maritime piracy in Africa: The humanitarian dimension
Donna Nincic

Until the recent attacks off the coast of Somalia, maritime piracy in general – and in Africa in particular – has received scant scholarly attention. While this gap is being remedied with increased study of the current increase in attacks, most of it has focused on the problem from the point of view of the nations whose vessels are targeted (whether merchant vessels should be armed, the role of the international community in combating piracy, etc). What has received little attention to date is the profound social, economic and political costs pirates can impose on the people of their own countries. This article presents a study of the impact maritime piracy has had on the peoples of Nigeria, Somalia, and Kenya and Tanzania, with a particular emphasis on its humanitarian implications.

Bad order at sea: From the Gulf of Aden to the Gulf of Guinea
Francois Vreÿ

Piracy at sea not only features prominently in the current news media, but has also come to depict much of what analysts and decision-makers view as bad order at sea. Although piracy represents only one threat to good order at sea, it appears to be misused as a general term for a spectrum of maritime threats and vulnerabilities. It should be noted, however, that bad order at sea stems from more than piracy, which occurs along both the African east and west coasts. Closer scrutiny shows that piracy against the shipping trade accounts for much of the threat–vulnerability interface off the coast of Somalia. To the west, in the Gulf of Guinea, the situation is more complex and the threat–vulnerability continuum more extended and politicised, although the salience of piracy is lower. Nonetheless, developments in the Gulf of Guinea portray more progress on arrangements and activities to prevent bad order at sea.

Sea piracy and maritime security in the Horn of Africa: The Somali coast and Gulf of Aden in perspective
Freedom C Onuoha

Regrettably, Africa’s waters now represent one of the world’s most dangerous waterways for vessels and their crew members in terms of pirate attacks. In the last few years the Somali coast and the Gulf of Aden in the Horn of Africa have emerged as Africa’s – and by extension the world’s – most dangerous waters. This article examines the dimension that maritime piracy has assumed in the region, identifies the factors contributing to the upsurge of piracy in the area, and gives an overview of the responses to the growing piracy in the region. It concludes with suggestions on how to effectively and sustainably combat the scourge of piracy.

Enhancing regional maritime cooperation in Africa: The planned end state
Paul Musili Wambua

Africa has many maritime interests, including trade and the use of its marine resources, which it can use to support development on the continent. Unfortunately, these resources are illegally plundered by others (illegal, unreported and unregulated fishing is an example) and free trade is hampered by phenomena such as piracy and organised crime. This is to the disadvantage of the people of the African continent. At the same time, little is being done in Africa to protect these interests and resources. The Common African Defence and Security Policy pays little attention to the maritime dimensions in addressing threats to peace, security and development. The African Standby Force, as an instrument for the implementation of the policy, also does not address maritime forces or the contribution they could make to African security and development. Africa needs to become more maritime conscious and consider maritime matters at a continental and sub-regional level and not only as national issues.

Maritime security and international law in Africa
John Gibson

Ships and those who sail in them face many potential dangers, both from the natural perils of the sea and from the results of human conduct, which demand a precautionary response from seafaring nations. The promotion of maritime security in Africa depends on an international legal framework that provides both opportunities and constraints. Traditional principles of the law of the sea are not always appropriate to current needs, but they have been supplemented by more specific measures dealing with maritime search and rescue, weapons proliferation, piracy and terrorism against ships. Although good laws are a necessary pre-condition for the achievement of maritime security, they will only be effective if there is also the political will and the practical capacity among states to implement them. While much remains to be done, recent developments in Africa provide some positive grounds for encouragement.

Africa Watch

Financial disclosure in three African countries: All bark and little bite
Rosemary Vickerman

Many countries use financial disclosure to manage conflicts of interest. This article examines disclosure in three African countries: Cameroon, Ghana and South Africa. These countries fall on a continuum that sees South Africa as the relative success story, Ghana as occupying the middle position, and Cameroon as failing thus far. Disclosure regulations detailing who discloses, how often this occurs and what and when sanctions are to be taken for breaching regulations are presented in brief. Three key recommendations are made in relation to the legislation and the implementation thereof. First, it is suggested that in South Africa and Ghana the process of instituting sanctions be streamlined and, second, that those tasked with keeping the registers of financial interests are provided with the necessary investigatory powers. Finally, it is recommended that Ghana and Cameroon practise annual disclosure.

Essays

The legal challenge of civil militia groups in Kenya
H Nanjala Nyabola

The proliferation of civil militia groups across Africa poses one of the greatest security tests not only to African nations, but to the greater international community. Given that international criminal law is constantly evolving in response to new and ever more complicated issues, it is important to evaluate the role that this can play in addressing the challenge of civil militia groups. In the case of Kenya, the dual concerns of the rising strength of civil militia groups and a crumbling police and judicial system continue to undermine the ability of the nation to secure lasting peace and thus development. There is a palpable tension between the need to bring civil militias to book over their crimes and the need to respect national judicial sovereignty, particularly in a state that is viewed as failing rather than failed. To gain a better understanding of these legal challenges, it is necessary to develop a framework to assess which crimes committed by civil militia could potentially fall under the mandate of the International Criminal Court. This article makes suggestions for a rudimentary basis for such a framework, and discusses the challenge that civil militias pose to national and international judicial organs. Finally, it evaluates the value that prosecution of such groups could add to the national judicial tradition. It argues that the potential benefits of a prosecution far outweigh the risks, and that a complementarity regime offers opportunities for cooperation between international criminal law organisations such as the International Criminal Court and the national judicial system of Kenya.

Whose security? Understanding the Niger Delta crisis as a clash of two security conceptions
Ufo Okeke Uzodike and Christopher Isike

This article takes an in-depth look at the Niger Delta crisis from two divergent but mutually reinforcing security conceptions, namely national versus people security. It contends that while the Nigerian government views security from the traditional state-centric viewpoint and accordingly acts to ‘secure’ the region, the people view security from a broader human-centric perspective, and thus responds negatively to state securitisation/militarisation. This clash of security perspectives sets the stage for and perpetuates armed conflict in the region as the net result of both sides’ insistence on ‘securing’ their interests, resulting in a situation of mutual antagonism as they bring to bear their often considerable coercive capacities. Therefore, the broad question the paper grapples with is whose security is paramount, and against what threats is it aimed. It reaffirms the need for a paradigm shift in the focus on security by the Nigerian state from a state-centric perspective that views the people’s agitation/resistance as ‘terrorism’, to a human-centric perspective that will justify its Lockean essence. This is essential, because the federal government’s militarisation of the region fans the flames of ethnic-nationalism, exacerbating violence and perpetuating criminality with attendant destabilising consequences for Nigeria’s economy and statehood.

Commentaries

Distance education and e-learning: The SANDF should get it right!
Abel Esterhuyse

Distance education (DE) and e-learning are becoming important for the education of militaries worldwide in an era in which electronic and other forms of communication make distance increasingly irrelevant. The South African military faces a number of problems in this regard and the article challenges the South African National Defence Force (SANDF) to address these issues as a matter of urgency. What are the issues to be addressed? The article highlights the need to address the educational ethos at professional military education (PME) institutions through the appointment of a proper academic faculty as is the practice worldwide. A meritocratic approach should at the same time determine who are allowed access to these institutions. The SANDF should be using DE and e-learning on a grand scale in the education of its cadres. Successful implementation of a DE system requires the appointment of personnel who are well qualified in the educational field in general and who have specialised in DE. Technology is a key feature in the use of DE and e-learning. The SANDF should, however, empower its members in the use of technology as a means to educate. At the same time, the SANDF should carefully consider the cost, financially and otherwise, inherent in the use of DE and e-learning.

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