OPEN LETTER FROM MINISTER JOEL MORGAN TO REGAR ON THE SUBJECT OF PIRACY |29 March 2010

The article implies that the new law passed against the crime of piracy will mean that Seychelles will become a dumping ground for all pirates caught in the Indian Ocean. 

The new law against piracy was necessary because our existing law is derived from British common law which is not adapted to the modern-day manifestation of piracy off the coast of Somalia. 

The new law gives a clear outline of how to deal with the problems when they arise and is in accordance with the International Law of the Sea. The new law reflects the practices of a large body of states committed to eradicating this scourge. 

The new law necessarily also refers to offences of piracy even outside Seychelles’ waters, for the very reason that we have to tackle this problem before it reaches our shores.  Seychelles is part of the coordinated effort together with the EU, Nato, France, UK, US, India, China and a number of other bilateral partners. 

Without this law, we are simply waiting for the problem of piracy to go away, and the reality of the situation in Somalia is that this will be a problem that will persist for years to come. We cannot afford to say that we will just wait and hope for the best – we have to act to protect our interests.

This law does allow us to try any act of piracy committed in the Indian Ocean region, but the trial of any pirates caught is not automatic in Seychelles. We are a sovereign state, and any arrest made by any vessel in the Indian Ocean will not automatically be brought to Seychelles.

In any case of arrest of pirates, Seychelles’ attorney-general may decide to prosecute the pirates based on the guidelines that Seychelles has circulated to all its partners.  These guidelines fully take into account the limitations of our justice system and our prison system.

Our partners have widely recognised these limitations and we are working with them to ensure that Seychelles is given all support necessary. 

Our agreements with bilateral partners also ensure that in the event that pirates are transferred to Seychelles for prosecution, but subsequently this prosecution is unsuccessful, our partners will undertake all repatriation measures necessary.

We are working with our partners to ensure that there is a long-term commitment to the fight against piracy and also that there is an improved situation in Somalia. Building appropriate state infrastructure there will be a long process. Part of the medium-term solution will also involve the possibility of Seychelles transferring captured and prosecuted pirates to purpose-built prison facilities in Somalia. The overall fight against piracy is a long-term issue.  And Seychelles must be prepared for the long term.  Piracy will not end unless positive action is taken.  “Wait and see” is not an option. 

Joel Morgan,
Minister for Environment, Natural Resources and Transport,
Chairman of the High-level Committee on Piracy