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Transnational organised crime at sea as a threat to the sustainable development goals: Taking direction from piracy and counter-piracy in the Western Indian Ocean

 

ABSTRACT

Malcolm asserts that ‘[t]he relationship between sustainable development and maritime security thinking and practice should be explored in greater detail if the global community is to meet the sustainable development goals’. This article considers the impact of transnational organised crime at sea on achieving the Sustainable Development Goals (SDGs) by demonstrating how selected goals are affected by illicit activities at sea. The nexus between maritime security and development, both on land and at sea, is then demonstrated by the case study of Somali piracy. The response to Somali piracy is then used to illustrate how a multi-actor response to achieve security in the maritime domain can contribute to the sustainable use of the oceans, thereby promoting development and security on land and at sea. Finally, the paper concludes that such a response will be most effective if it is guided by the SDGs and rooted especially in SDG 16 aimed at establishing peace, justice and strong institutions and SDG 17, forming partnerships in doing so.

Acknowledgements

This paper was prepared for the 2019 Academic Council of the United Nations System (ACUNS) Workshop on the Sustainable Development Goals and Security. The author wishes to thank all the participants for their valuable feedback. This work is based on the research supported wholly or in part by the National Research Foundation of South Africa (Grant Numbers: 47303). The author wishes to thank their NRF for their support.

Notes on contributor

Carina Bruwer is a PhD candidate at the University of Cape Town's Centre of Criminology and holds an LLB and LLM degree from Stellenbosch University. Her current research is focussed on transnational organised crime at sea and explores responses to ivory and heroin trafficking to and from Eastern Africa. Potential responses are considered by drawing from the international counter-piracy response off the Horn of Africa and the wider Western Indian Ocean. Her research is inter-disciplinary and explores subjects such as transnational organised crime, maritime security, global governance, international criminal law and maritime law enforcement.

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Notes

1 Hudson, ‘Blue Economy’.

2 International Maritime Organization, ‘IMO and Sustainable Development’.

3 See, for example, United Nations General Assembly, Oceans and the Law, 15–32; Klein, Maritime Security, 9–10.

4 International Maritime Organization, ‘IMO and Sustainable Development’.

5 May, ‘Transnational Crime’.

6 Vorrath, Organized Crime and Development, 12.

7 See Gastrow, Termites at Work; West African Commission on Drugs, Not Just in Transit.

8 Vorrath, Organized Crime and Development, 8.

9 Malcolm, ‘Sustainability as Maritime Security’, 237.

10 Ibid., 238.

11 Barrett, ‘The Development-Security Nexus’.

12 Germond, ‘The Geopolitical Dimension’, 137–41.

13 Klein, Maritime Security, 8–11; Raymond and Morrien, ‘Security in the Maritime Domain’, 9; Malcolm, ‘Sustainability as Maritime Security’, 239.

14 Germond, ‘The Geopolitical Dimension’, 138.

15 Malcolm, ‘Sustainability as Maritime Security’, 238; Klein, Maritime Security, 2–5.

16 International Maritime Organization, ‘IMO and Sustainable Development’.

17 Seyle and Madsen, Non-state Actors, 23–6; Trelawny, ‘Maritime Security’, 49.

18 Klein, Maritime Security, 1.

19 Ibid., 6–7.

20 Germond, ‘The Geopolitical Dimension’, 137–41.

21 Colona and Jaffe, ‘Hybrid Governance Arrangements’, 176.

22 Klein, Maritime Security, 4, 7.

23 Herbst, States and Power, 252–9.

24 Garland, ‘The Sovereign State’, 445–71.

25 Vreÿ, ‘Entering the Blue’, 208–9; Vreÿ, ‘Perspectives on Maritime Security’, 22.

26 Klein, Maritime Security, 4, 7.

27 Ibid., 10–11.

28 Vreÿ, ‘Entering the Blue’, 203, 206, 215; Malcolm, ‘Sustainability as Maritime Security’, 237.

29 United Nations, ‘#Envision2030 Goal 1’.

30 United Nations, ‘#Envision2030 Goal 2’.

31 International Maritime Organization, ‘IMO and Sustainable Development’.

32 UN Security Council, Resolution 1801 (2008), 12.

33 Isaacs and Witbooi, ‘Fisheries Crime’, Forthcoming.

34 FAO, ‘Nutrition and Food Security’.

35 United Nations, ‘#Envision2030 Goal 3’.

36 Bruwer, ‘From Afghanistan to Africa’.

37 Newshub, ‘Pirates Attack Japanese Ship’.

38 United Nations, ‘#Envision2030 Goal 8’.

39 Tondo, ‘A Free Army’.

40 Human Rights Watch, Hidden Chains.

41 Shelley, ‘Human Trafficking at Sea’, 306–7.

42 Mutaqin, ‘Modern-Day Slavery’, 75–97.

43 United Nations, ‘#Envision2030 Goal 14’.

44 United Nations, ‘Life Below Water’.

45 United Nations, ‘#Envision2030 Goal 15’.

46 Bruwer, ‘Lions, Tigers and Bears’.

47 United Nations, ‘#Envision2030 Goal 16’.

48 United Nations Office on Drugs and Crime, ‘Organized Crime and Corruption’.

49 Von Lampe, Organized Crime, 27–8; Varese, ‘What Is Organized Crime?’.

50 United Nations, ‘Transnational Organized Crime Convention’.

51 Haysom, Gastrow and Shaw, The Heroin Coast, 7, 16, 18.

52 World Bank, The Pirates of Somalia, xi, xxi; Kraska, ‘Freakonomics of Maritime Piracy’, 111–12.

53 United Nations Security Council, Report of the Secretary-General.

54 Menkhaus, ‘Somalia’, 7.

55 Schbley and Rosenau, Piracy, 13.

56 United Nations Office on Drugs and Crime, Transnational Organized Crime, 35; Bueger, ‘Practice, Pirates and Coast Guards’.

57 Samatar, Lindberg and Mahayni, ‘The Dialectics of Piracy’, 1386–9; Keating, ‘The Political Economy’, 184–1386; Schbley and Rosenau, Piracy, 19.

58 Menkhaus, ‘Somalia’, 9.

59 United Nations Security Council, Resolution 1816 (2008).

60 McGahan and Lee, ‘Frames, Humanitarianism, and Legitimacy’, 149.

61 Willett, ‘Pirates and Power Politics’, 20–5; Samatar, Lindberg and Mahayni, ‘The Dialectics of Piracy’, 1389.

62 United Nations, ‘Law of the Sea Convention’.

63 UNCLOS Articles 101 and 58.

64 Bueger, ‘Responses to Contemporary Piracy’, 96.

65 United Nations Security Council, Resolution 1851 (2008).

66 Bueger, ‘Responses to Contemporary Piracy’.

67 United Kingdom Marine Trade Operations, ‘Best Management Practices 5’.

68 United Nations Office on Drugs and Crime, ‘Counter-Piracy Programme’.

69 UNODC, ‘Maritime Crime Programme’.

70 United Nations Office on Drugs and Crime, ‘Detention and Transfer Programme’.

71 International Maritime Organization, Djibouti Code of Conduct.

72 Bueger, ‘Orchestrating the Response’, 91.

73 Bueger, ‘Practice, Pirates and Coast Guards’, 13–16.

74 Jacobi, Global Governance and Transnational Crime, 5–6.

75 Monks, ‘Piracy Threat Returns’.

76 Oceans Beyond Piracy, ‘Somali Perspectives on Piracy’; Stop Illegal Fishing, ‘Somali Fishermen Struggle to Compete’.

77 Roberts, Moge and Hurlburt, Somali Coastal Development Opportunities.

78 United Nations, ‘#Envision2030 Goal 17’.

79 Maresca, ‘Fighting Piracy’, 55.

80 World Bank, The Pirates of Somalia, xi.

81 United Nations, ‘#Envision2030 Goal 16’.

82 World Bank, The Pirates of Somalia, 88.

83 Clapham, The Horn of Africa, 160–6.

84 See, for example, Wambua, Kenya's Role in Counter-Piracy.

85 United Nations, ‘#Envision2030 Goal 17’.

86 EUNAVFOR, ‘Shared Awareness and Deconfliction’.

87 United Nations, Adopting Resolution 2240 (2015).

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