Somali “piracy” which began in the early 2000s is in fact Somalis effort to deter illegal dumping, fishing and pollution. It is no secret that the US (which refused to sign the ratified Basel Convention and the major exporter of toxic wastes) and some European nations prefer to use “third world” nations as dump sites for harmful wastes that they would not bury in their own nations.
Until 1995 when the Basel Convention was ratified, making it illegal to dump toxic wastes in developing nations, several “developed” nations dumped their toxic wastes in developing nations; most in Africa. Unfortunately, even when the governments of developing nations under the original Basel Convention could accept toxic wastes, some willingly accepted without knowing the contents, seeing some were sent under false labels.
There are International laws that govern activities in the high seas inside and beyond the jurisdiction of Coastal Nations/Countries:
*UNCLOS Article 101(a)(ii);
UNCLOS Article 107;
UNCLOS Article 228;
*UNGA Resolution 44/225;
UN Convention on Environmental Impact Assessment
*United Nations Convention on the Law Of the Sea – UNCLOS
*United Nations General Assembly – UNGA
While these laws are expected to be implemented by the various nations, some nations and people often exempt themselves from those portions that do not please them; such as in the case of Taiwanese Chai Ding Bong who claimed “nobody has the right to tell you what you can do in International waters.”
True, people ought to be free to navigate the high seas commons (provided they are not in violations of International laws) or be free to sail any body of water (provided their flag nation is not noted for violation of International marine laws). On the other hand, International laws give coastal nations the right to claim certain portions of the high seas as their territory. And while Coastal nations cannot prevent people from freely sailing the high seas commons or those portions considered their jurisdictions, Coastal nations can, by mandate of International laws, prevent violators whose acts threaten their resources or ecosystem. These laws, like several International Conventions, are based on a precautionary principle.
Driven by a Self-Defense doctrine, the International protective principle and the precautionary principle give coastal nations not only the power, but the obligation to take affirmative actions to prevent people from degrading world marine resources. Accordingly, Nations whose resources are threatened by illegal fishing, dumping and pollution are given the right under both the protective and precautionary principles to take action! The US, Soviet Union and others have in the past seized vessels and/or arrested violators operating within their high seas jurisdiction.
These considered, it appears the Somali “pirates” are acting in accordance with International laws! A vessel just does not go in the high seas jurisdiction of another nation (especially if its flag nation is noted for violations), unless of course when in distress – in which case, the trespasser will have to bear the burden of proof. Some nations, such as the US, even have national rules governing activities in the high seas for their coastal states for those portions of the high seas considered the territory of the US. Please see Oregon’s ORS chapter 509.365 and ORS 509.015.
The actions of the Somalis are in accordance with International laws! I believe the Somalis are simply applying Newton’s Third Law of Motion, which states that action and reaction forces are equal! If there are pirates in the high seas, then I believe it is the drifters who are busy illegally fishing, dumping and polluting the environment! All the US and its allies need to do is to learn to respect the rights of other nations and to learn to mind their various domestic businesses and they will not have to worry about Somali “pirates.”
I also think that Luo Barack Hussein Obama should be held liable for the murder of those Somalis killed on Easter Sunday 2009! Being a law scholar, the US president should have had better sense to investigate International laws about this matter before taking any action. The Somalis are within the rights given them by International laws! It is obvious that the situation in the Somali coast is an issue of “developed nations” wanting to dominate those they would like to see subservient to them!
What decent people do not take into consideration regarding this matter is the fact that there are people who know nothing about Blacks and Africans, and often base their perception of Africans on the unfortunate relationship between White and Black Americans; and thus assuming that Blacks and/or Africans ought to be subservient to them. Black Americans, as you very well know, are a group of people who unfortunately have been scarred by years of psychological games, the result of slavery. Unlike other Blacks, most Black Americans tend to be very subservient as a way of life. And when a Black or partial Black (as in the case of Barack Obama) unjustly takes action against Africans or Blacks, to these degenerates, it is open house or game season! While the same could be said of any other group of people, it is never to the same degree as when reference is made to Blacks.
While Barack Obama is encouragement and hope to Black Americans and American Mulattos, he is a danger to other Blacks and Africans. And despite the fact that the man is an African national, he is however an agent of the US government which has the technology to ascertain that its agents always perform as it wishes (though not necessarily to the best interest of its people).
To you Africans: Be always suspicious of any African with dual or multiple citizenship, even when the result of birthplace or parentage.
Although there are various statistics from studies on various aspect of life conducted on Blacks (all mostly unfavorable and the majority or all of the subjects being Black Americans), these statistics are not accurate markers and definitely not to be considered universal. Nothing would be more false than data collected on a psychologically oppressed and suppressed group, and the group being merely a tiny fraction of the whole it is supposed to represent. Besides, I have found that about 70% of the immigrants in the US (the mayflower and slave ship riders excluded) are often the rejects and lowlifes of their original nations; thus making it unwise to judge any nation by its people in the US. You will be doing yourself a disservice by making any study or statistic data of people in the USA a universal marker!
Any statistic data on or study of Blacks where Black Americans are the subjects would be inaccurate and void! To analyze or judge a group of people based on its few oppressed and disadvantaged is a disservice to that group of people: This will be equivalent to judging, say, White American men based on statistics from Jim Jones, or Charles Manson, or Jeffrey Dahmer, or Gerald Eugene Stano, or John Wayne Gacy; or to concluding that because some Catholic priests are pedophilias, that all Catholic priests are pedophilias; or to judging the mental health of all Americans based on statistics from Andrea P. Yates, or Columbine High School shooters, or Virginia Tech shooter (especially since findings by both the Harvard School of Public Health and the US National Institute of Mental Health show that, although Blacks are more likely to suffer severe and disabling depression, it is Whites that are more likely to become mass murderers of innocent people); or to assuming that because the US government is very hypocritical and evil, that every American is hypocritical and evil; or to assuming that because slavery was justified and fueled by Christians, that every Christian is for slavery, etc.
While Somalia has not a stable government, the Somalis are not stupid and definitely not ignorant when it comes to their rights! Did you notice that the Somalis often pose for pictures with confidence to the world media after the seizure of vessels? Those Somalis are not pirates! Those Somalis are vigilantes with a mission for the welfare of their nation!
The actions of the Somalis are in accordance with International laws! US Secretary of State Hillary Clinton was not merely joking when she spoke of 17th century crime and 21st century solutions! The woman is knowledgeable, and obviously sees the irony in this Somali “piracy.” I believe the Somalis and all coastal nations should continue to protect and defend their territories! The Somalis are within the rights given them by International laws! No one and definitely no nation should succumb to intimidation tactics by bullies, jingoes seeking to dominate them! I believe that the lack of respect for others and disregard for the rights of others in their territories appear to be the major problem in most of our International disputes. Learn to show respect for the rights of other nations, or else keep out!