In April 2022, the International Chamber of Commerce released a report highlighting the critical issue of piracy and armed robbery at sea, revealing that 41% of 37 recorded incidents in the first quarter occurred in Southeast Asian waters, notably in the Singapore Strait, the Strait of Malacca, and Indonesian territories. While media often concentrates on piracy near Somalia, Southeast Asia’s vulnerability stems from socioeconomic disparities among coastal nations, congested shipping lanes, and inadequate legal frameworks.
Southeast Asian states grapple with piracy despite international conventions like the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which attempts to define piracy. However, the convention’s limitations complicate enforcement. First, UNCLOS restricts piracy to acts conducted for “private ends,” excluding politically motivated attacks, which are increasingly common. This narrow definition fails to encompass modern piracy, which often involves sophisticated technology, including GPS systems.
Secondly, UNCLOS defines piracy as occurring on the “high seas,” which undermines the ability of countries like Indonesia and Malaysia to prosecute acts that happen in their territorial waters. This legal gap has allowed numerous attacks in those regions to go unchecked. Moreover, the UNCLOS stipulation that piracy requires the involvement of “two ships” further complicates enforcement, considering that many attacks involve only a single vessel.
Implementation of existing laws is also hampered by flawed processes. Corruption among officials, often stemming from low salaries, allows collusion with pirates, further endangering maritime security. Additionally, law enforcement agencies in the region are often poorly funded, limiting their capacity to combat piracy effectively.
To address the ongoing threats, experts suggest a revision of piracy definitions within UNCLOS to reflect the realities of modern piracy, which involves organized crime and technological advancement. Legal reforms should include provisions for prosecuting acts occurring in territorial waters and recognizing the evolving tactics of pirates.
Moreover, enhancing domestic law enforcement implementation is crucial. Establishing a specialized national agency dedicated to combating piracy could streamline efforts, reduce corruption, and improve coordination among law enforcement bodies. Introducing standardized anti-corruption laws and increasing salaries for public officials might also play a role in mitigating corruption.
In summary, addressing piracy in Southeast Asia requires urgent action from governments to prioritize legal reforms and strengthen enforcement measures. Revising piracy laws and bolstering implementation frameworks can foster a more secure maritime environment, reducing the prevalence of piracy and its associated threats to regional security and economy.
