Posted: October 26th, 2023

Assessing the Effectiveness of Maritime Centres in the Context of the Implementation of the Code of Conduct Concerning the Repression of Piracy

Assessing the Effectiveness of Maritime Centres in the Context of the Implementation of the Code of Conduct Concerning the Repression of Piracy, Armed Robbery against Ships and Illicit Maritime Activity in West and Central Africa

Maritime security is a vital component of the economic and social development of West and Central Africa, a region that encompasses 25 coastal and landlocked countries with a population of over 500 million people. The region’s maritime domain is rich in natural resources, such as oil, gas, fish and minerals, and serves as a major conduit for international trade and transportation. However, the region also faces significant challenges in terms of piracy, armed robbery against ships, and illicit maritime activity, such as illegal fishing, smuggling of drugs, weapons and migrants, and environmental crimes. These threats pose serious risks to the safety and security of maritime traffic, offshore installations, coastal communities and the marine environment, as well as to the stability and prosperity of the region as a whole.

In response to these challenges, the regional states, with the assistance of the International Maritime Organization (IMO) and other international partners, have developed and adopted a comprehensive framework for enhancing maritime security and cooperation in West and Central Africa. This framework is based on two key instruments: the Code of Conduct concerning the repression of piracy, armed robbery against ships, and illicit maritime activity in West and Central Africa (hereinafter referred to as the Code of Conduct), signed in Yaoundé in June 2013 by 25 Heads of State or their representatives; and the Memorandum of Understanding on the establishment of an integrated coastguard function network in West and Central Africa (hereinafter referred to as the MoU), signed in Abidjan in October 2014 by 20 Ministers or their representatives. The Code of Conduct and the MoU are aligned with the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and other international instruments related to maritime security.

The Code of Conduct provides a political commitment by the signatory states to cooperate in the prevention and repression of piracy, armed robbery against ships, and illicit maritime activity in West and Central Africa. It also establishes four maritime zones for coordination and information sharing among the regional states: Zone A (West Africa), Zone B (Central Africa), Zone C (Gulf of Guinea) and Zone D (Islands States). The MoU complements the Code of Conduct by providing a legal framework for the establishment of an integrated coastguard function network in West and Central Africa. It defines the roles and responsibilities of the national authorities responsible for maritime law enforcement, such as navies, coastguards, marine police, customs, fisheries, port authorities and environmental agencies. It also sets out the principles and modalities for cooperation among these authorities at national, bilateral, subregional and regional levels.

One of the main objectives of both instruments is to enhance the capacity of the regional states to monitor, control and secure their maritime spaces, through the establishment of effective maritime centres at national, zonal and regional levels. These centres are expected to perform various functions, such as collecting, analysing and disseminating maritime information; coordinating maritime operations; providing training and education; facilitating legal cooperation; promoting best practices; and liaising with relevant stakeholders. The effective functioning of these centres is essential for achieving a common maritime situational awareness, improving operational coordination, fostering interagency cooperation, strengthening legal frameworks, enhancing human resources development, and ensuring sustainability.

This paper aims to assess the effectiveness of these maritime centres in the context of the implementation of
the Code of Conduct and the MoU. It will first provide an overview of the current status of these centres at national,
zonal and regional levels. It will then identify some of the main achievements and challenges faced by these
centres in fulfilling their functions. Finally, it will offer some recommendations for improving their performance
and impact.

Current Status of Maritime Centres

National Maritime Centres

According to Article 6(1) of the Code of Conduct, each signatory state shall designate or establish a national
focal point for coordination on matters relating to piracy, armed robbery against ships or illicit maritime activity.
This national focal point shall be responsible for collecting information on such incidents occurring within its
national jurisdiction or affecting its interests; sharing such information with other signatory states through zonal
and regional centres; requesting assistance from other signatory states or organizations when necessary; providing
assistance to other signatory states or organizations when requested; facilitating legal cooperation on matters
relating to piracy, armed robbery against ships or illicit maritime activity; cooperating with other national focal
points through bilateral or multilateral arrangements; participating in joint training programmes or exercises;
and implementing best practices.

According to Article 2(1) of the MoU, each signatory state shall designate or establish a national authority
responsible for performing an integrated coastguard function. This national authority shall be responsible for
coordinating the activities of all national agencies involved in maritime law enforcement, such as navies,
coastguards, marine police, customs, fisheries, port authorities and environmental agencies; ensuring compliance
with national and international laws and regulations applicable to the maritime domain; preventing and
suppressing piracy, armed robbery against ships and other illicit maritime activity; protecting the marine
environment and natural resources; ensuring maritime safety and security; facilitating maritime trade and
transportation; promoting maritime search and rescue; cooperating with other national authorities through bilateral
or multilateral arrangements; participating in joint training programmes or exercises; and implementing best
practices.

In practice, most of the signatory states have designated or established national maritime centres that perform
both functions of a national focal point under the Code of Conduct and a national authority under the MoU. These
centres are usually located within the premises of the navy or the coastguard, and are staffed by representatives
of various national agencies involved in maritime law enforcement. Some examples of these centres are: the
National Maritime Operations Centre (NMOC) in Angola; the Maritime Operations Centre (MOC) in Benin; the
Maritime Operations Centre (MOC) in Cameroon; the Maritime Operations Centre (MOC) in Côte d’Ivoire; the
Maritime Operations Centre (MOC) in Ghana; the Maritime Operations Centre (MOC) in Nigeria; the Maritime
Operations Centre (MOC) in Senegal; and the Maritime Operations Centre (MOC) in Togo.

However, not all signatory states have designated or established such centres, or have done so only partially or
provisionally. Some of the reasons for this include: lack of political will or commitment; lack of financial or human
resources; lack of technical or logistical support; lack of legal or institutional frameworks; lack of interagency
coordination or cooperation; lack of public awareness or support; and lack of external assistance or cooperation.
Some examples of these states are: Burkina Faso, Cape Verde, Central African Republic, Chad, Congo,
Democratic Republic of Congo, Equatorial Guinea, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Mali,
Niger, Sao Tome and Principe, and Sierra Leone.

Zonal Maritime Centres

According to Article 7(1) of the Code of Conduct, each signatory state shall cooperate with other signatory states
within its maritime zone to establish a zonal centre for coordination on matters relating to piracy, armed robbery
against ships or illicit maritime activity. This zonal centre shall be responsible for collecting information on such
incidents occurring within its maritime zone or affecting its interests; sharing such information with other zonal
centres and the regional centre; requesting assistance from other zonal centres or organizations when necessary;
providing assistance to other zonal centres or organizations when requested; facilitating legal cooperation on matters relating to piracy, armed robbery against ships or illicit maritime activity; cooperating with other zonal centres through bilateral or multilateral arrangements; participating in joint training programmes or exercises;
and implementing best practices.

According to Article 3(1) of the MoU, each signatory state shall cooperate with other signatory states within its
maritime zone to establish a zonal authority responsible for performing an integrated coastguard function. This
zonal authority shall be responsible for coordinating the activities of all national authorities involved in maritime law enforcement within its maritime zone; ensuring compliance with national and international laws and regulations applicable to the maritime domain; preventing and suppressing piracy, armed robbery against ships and other illicit maritime activity; protecting the marine environment and natural resources; ensuring maritime safety and security;
facilitating maritime trade and transportation; promoting maritime search and rescue; cooperating with other zonal authorities through bilateral or multilateral arrangements; participating in joint training programmes or exercises;
and implementing best practices.

In practice, most of the signatory states have cooperated with other signatory states within their maritime zones to establish zonal maritime centres that perform both functions of a zonal centre under the Code of Conduct and a zonal authority under the MoU. These centres are usually located within one of the signatory states within each zone,
and are staffed by representatives of various national authorities involved in maritime law enforcement from each zone. Some examples of these centres are: the Multinational Maritime Coordination Centre (MMCC) Zone A in Benin (covering Benin, Burkina Faso, Côte d’Ivoire, Ghana, Niger, Nigeria and Togo); the Multinational Maritime Coordination Centre (MMCC) Zone D in Cabo Verde (covering Cabo Verde, Gambia, Guinea Bissau,
Mali and Senegal); and the Regional Coordination Centre for Maritime Safety and Security in Central Africa (CRESMAC) in Gabon (covering Angola, Cameroon, Congo, Democratic Republic of Congo,
Equatorial Guinea, Gabon and Sao Tome and Principe).

The Code of Conduct and the MoU are two regional agreements that aim to enhance maritime security and cooperation in West and Central Africa. The Code of Conduct, signed in 2013, focuses on preventing and suppressing piracy and armed robbery at sea, while the MoU, signed in 2016, addresses illegal, unreported and unregulated fishing. Both agreements divide the region into five maritime zones, each with a designated zonal centre and a zonal authority.

In practice, most of the signatory states have cooperated with other signatory states within their maritime zones to establish zonal maritime centres that perform both functions of a zonal centre under the Code of Conduct and a zonal authority under the MoU. These centres are usually located within one of the signatory states within each zone, and are staffed by representatives of various national authorities involved in maritime law enforcement from each zone. Some examples of these centres are: the Multinational Maritime Coordination Centre (MMCC) Zone A in Benin (covering Benin, Burkina Faso, Côte d’Ivoire, Ghana, Niger, Nigeria and Togo); the Multinational Maritime Coordination Centre (MMCC) Zone D in Cabo Verde (covering Cabo Verde, Gambia, Guinea Bissau,
Mali and Senegal); and the Regional Coordination Centre for Maritime Safety and Security in Central Africa (CRESMAC) in Gabon (covering Angola, Cameroon, Congo, Democratic Republic of Congo,
Equatorial Guinea, Gabon and Sao Tome and Principe).

However, not all zones have fully operational zonal centres or authorities. Some of the challenges faced by these centres include: lack of adequate resources and infrastructure; overlapping mandates and jurisdictions; insufficient coordination and information sharing; and legal and political obstacles. Therefore, there is a need to strengthen the capacity and effectiveness of these centres to ensure that they can fulfil their roles and responsibilities under the Code of Conduct and the MoU.

One way to achieve this is to promote best practices and lessons learned from the existing zonal centres or authorities that have demonstrated success in their operations. For instance, the MMCC Zone A has been praised for its proactive approach to maritime security, its effective use of joint patrols and exercises, its regular communication and reporting mechanisms, and its strong partnerships with regional and international actors. The MMCC Zone A has also contributed to several notable achievements, such as: the arrest of 10 pirates in 2019; the rescue of 18 crew members from a hijacked vessel in 2020; and the seizure of over 400 kg of cocaine in 2021 (Bueger et al., 2021).

Another way to enhance the performance of the zonal centres or authorities is to foster greater collaboration and integration among them. This could involve: harmonizing their operational procedures and standards; establishing common databases and platforms for information exchange; developing joint training programmes and capacity building initiatives; conducting joint assessments and evaluations; and creating a regional coordination mechanism or body to oversee their activities. Such measures could help to improve the interoperability, coherence and efficiency of the zonal centres or authorities, as well as to avoid duplication or gaps in their functions.

In conclusion, the zonal centres or authorities are key institutions for implementing the Code of Conduct and the MoU in West and Central Africa. However, they face various challenges that limit their capacity and effectiveness. Therefore, it is important to support them by sharing best practices, enhancing collaboration, and providing adequate resources. By doing so, the zonal centres or authorities could play a vital role in improving maritime security and cooperation in the region.

Works Cited

Bueger, Christian et al. “The State of Maritime Security in West Africa.” Stable Seas, 2021,
https://stableseas.org/publications/state-maritime-security-west-africa.

Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships,
and Illicit Maritime Activity in West and Central Africa. International Maritime Organization,
2013,
https://www.imo.org/en/OurWork/Security/WestAfrica/Documents/code_of_conduct%20signed%20from%20ECOWAS%20site.pdf.

Memorandum of Understanding on Port State Measures to Prevent Deter
and Eliminate Illegal Unreported
and Unregulated Fishing in West Africa. Food
and Agriculture Organization,
2016,
http://www.fao.org/3/a-bq893e.pdf.