In a letter to parliament, the Dutch government announced on Friday that it needs more council on the matter. Since the revival of piracy in the waters around Somalia several years ago, ship-owners and their crews have been waiting for permission to arrange private security aboard their ships.
Tineke Netelenbos, chairwomen of the Royal Association of Netherlands’ Shipowners (RANS) is disappointed: “We had really hoped for permission this time, because our members can’t wait. Current measurements like barbed wire and water cannons don’t work anymore. We want certified private security companies to take over.”
Marines
Both the RANS and the International seafarers trade union Nautilus are happy that the Dutch government is willing to be more flexible in deploying military teams for special transports. Recently, several squads of Marines have been protecting two large and slowly sailing vessels that sailed through the Gulf of Aden. Until now, both ships have not been attacked. The Ministry of Defence is working with parliament to streamline the application procedures for military protection of commercially owned ships.
Nautilus assistant general secretary Marcel van den Broek: “We appreciate that this government is actually showing some movement on changing procedures. But I have been lobbying on this issue for too long, our men abroad can’t wait.” Netelenbos agrees: “Now a new committee will have to study the issue of private security. I don’t see anybody in that committee who has experience with this, or knows what the reality is out on the ocean. The government received an influential report just two months ago, it advised to let us take care of it!”
The report that Netelenbos refers to is a publication of the Dutch Advisory Council on International Affairs. Joris Voorhoeve, former minister of Defence who co-authored the report understands that the government needs specific legal counsel. “Allowing private security companies to bear arms is a precedent. We don’t allow that back home in the Netherlands, so we shouldn’t rush into it when our merchant fleet is concerned.” Dutch law applies to cargo and crew of any vessel that flies the Dutch colors in international waters. If there would be an incident in which PSC’s engaged with pirates, the Dutch public prosecutor will have to start an investigation. “That is why they asked Joan de Wijkerslooth to deal with this, he used to be attorney general and he knows exactly what changes in the legislation could mean for the liability of the state.”
The new Dutch approach in anti-piracy efforts encompasses some experimental elements as well. Both the Somali diaspora community in the Netherlands and opposition MP’s have underlined that the roots of the piracy problem lies in Somalia itself. But since the country has no effective central government, not much can be achieved there. Currently, the government is floating the idea of forcing neighboring countries like Kenya and Tanzania to try and imprison pirates that have been arrested by international naval forces in the area. “The government will put pressure on surrounding countries to counter with impunity. It remains to be seen if development funds can be used to achieve this” says the letter that was published today.