POLICING AFRICA’S SEABORDERSHenri FoucheTshwane University of Technology

2

DIFFERENCES BETWEEN LAND AND SEA

BORDERS

- At sea there are no clear visible borders

- To access the area one needs a sophisticated contrivance capable of supporting life in a hostile environment for humans

- Foreigners can freely cross your borders and have certain rights in your sovereign territory

- There are different zones within your borders and in each of these zones different laws apply

ZONES OF COASTAL STATES

The sea area is divided into 6 zones, defined in geographic terms and relating to their distance from the land

-internal waters

-territorial waters

-contiguous zone

-exclusive economic zone

-continental shelf

-high seas

INDUSTRIES AND THREATS AT SEA

Industries conducted off the coast of Africa

-oil

-gas

-mining

-fishing

Threats associated with violation of sea borders

-conventional military threat

-piracy

-smuggling

-terrorism

-pollution

-illegal immigration

-illegal exploitation of resources

INTERNAL WATERS

Sovereignty the same as for terrestrial territory with 2 exceptions

-Normal rules of diplomatic privilege are accorded to state owned vessels

-A flag states laws apply on board its vessels through the powers of the captain and the local consul. The host state leaves the internal management of the ship to the authorities of the flag state

TERRITORIAL SEA

Sovereignty the same as for the terrestrial territory with the following exception

-International law makes provision for a foreign vessel to cross this border and pass through the states territory without being hampered and without being discriminated against as to from where and to where a particular cargo is going

PROVIDED

-Such passage is not prejudicial to the peace, good order or security of the coastal state

POSSIBLE EXCEPTION

Where states have specifically legislated against the transfer of material, equipment and technology for use in any nuclear weapons programme, even of a state party to the Non proliferation of nuclear weapons treaty

TERRITORIAL SEA (2)

Rights of foreigners in territorial sea

-the right to an environment in which seafarers can exercise innocent passage through the sovereign territory of a states territorial waters

METHODOLOGY

-Due to complexity states should not task a single department or agency with responsibility

-A multi agency approach encompassing all the lawful actions to create enabling national law, pursuant of the requirements of international law, and for the administration and execution of such laws

-maximum cooperation (nationally and regionally)

-integration of resources

-harmonization of laws with states in the region

-national, bilateral and trilateral initiatives to ensure border security

PATROLLING

-Effective national and regional patrolling implies a measure of success and plans need to be in place to deal with the consequences

-States need to have policies and procedures in place to deal with offences and arrested offenders of transnational crime to ensure effective and coordinated action

-Between national departments of a state

-Between regional groupings

To ensure that there are no loopholes for perpetrators of cross border crimes to avoid prosecution

INTELLIGENCE

.Proactive investigation is particularly effective in dealing with organized crime.

A proactive approach implies foreknowledge

“ Now this foreknowledge cannot be elicited from spirits; it cannot be obtained inductively from experience, nor by any deductive calculation. Knowledge of the enemy's dispositions can only be obtained from other men”

Sun Tzu (The art of war)

TECHNOLOGY

-unmanned aerial vehicles

-unmanned submarine vehicles

-Airborne maritime surveillance systems

-high altitude airships

-satellite remote sensing

RECOMMENDATIONS

STATES NEED TO –

Preserve the integrity of the sea borders

-have legislation in place to deal with violations

-have the means to implement and enforce statutes

-ensure compliance with the requirements of international law

-ensure laws relating to cross border violations are harmonized with those of other states in the region

-have policies and procedures based on a multi agency approach in place to deal with arrested offenders

-gather good intelligence to combat organized crime committed across borders

Thank You

Questions?