42
Trust Fund to Support the Initiatives of States Countering Piracy off the Coast of Somalia Annual Report 2010

Trust Fund to Support the Initiatives of States Countering Piracy off

  • Upload
    vomien

  • View
    217

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Trust Fund to Support the Initiatives of States Countering Piracy off

Trust Fund to Support the Initiatives of States CounteringPiracy off the Coast of Somalia

Annual Report 2010

Page 2: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 3: Trust Fund to Support the Initiatives of States Countering Piracy off

UNITED NATIONS OFFICE ON DRUGS AND CRIMEVienna

UNITED NATIONS DEPARTMENT OF POLITICAL AFFAIRSNew York

Trust Fund to Support the Initiatives of States Countering Piracy off the Coast of Somalia

Annual Report 2010April 2011

United nationsnew York, 2011

Page 4: Trust Fund to Support the Initiatives of States Countering Piracy off

© United Nations, November 2011. All rights reserved.

The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

This publication has not been formally edited.

Publishing production: English, Publishing and Library Section, United Nations Office at Vienna.

Report jointly prepared by:

The Fund Manager, United Nations Office on Drugs and Crime The Fund Secretariat, Department of Political Affairs

Page 5: Trust Fund to Support the Initiatives of States Countering Piracy off

iii

Contents

1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2. Key initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Utilizing media to prevent and combat piracy . . . . . . . . . . . . . . . . . . . . . . . . 13

Implementing reforms and creating sustainable capacity in Somaliland and Puntland prisons (phase 1) . . . . . . . . . . . . . . . . . . . . . . . 15

Somaliland and Puntland law reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Seychelles Regional Centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Somalia Prosecutor Programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Improving conditions in Kenyan prisons. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Additional projects approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3. The Trust Fund Expedited Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Use of the ExFac—first tranche . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Use of the ExFac—second tranche . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

4. Governance of the Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

5. Financials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Annex 1. Certified financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Annex 2. Projects reviewed by the Trust Fund in 2010 . . . . . . . . . . . . . . . . 43

Page 6: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 7: Trust Fund to Support the Initiatives of States Countering Piracy off

1

1. InTRoduCTIon

The problem of piracy

Piracy off the coast of Somalia is a crime of growing global concern. The number of pirate attacks has risen steadily since 2007, growing more organized, more violent and covering an increasingly large geographic area, spanning from the Red Sea to the Indian Ocean. The crew members of hijacked ships are held hostage for many months, sometimes years, in appalling conditions, and the lives of many innocent seafarers have been lost. In 2010 alone, pirates captured 1,181 sailors aboard 53 vessels, and a number of the captives died or were killed while under the control of the pirates. Ransom demands run into hundreds of millions of dollars a year, with the total cost of piracy to the global economy estimated to be in the billions.

The Contact Group on Piracy off the Coast of Somalia

In recognition of the growing impact of piracy on humanitarian aid, commercial shipping, and regional trade in the Horn of Africa, the international community created the Contact Group on Piracy off the Coast of Somalia (henceforth CGPCS or “Contact Group”), which had its inaugural meeting in New York in January 2009. Pursuant to Security Coun-cil resolution 1851 (2008), the Contact Group was established as a voluntary, ad hoc international forum to coordinate international efforts in the fight against piracy off the coast of Somalia and its subsequent work has been welcomed by the Security Council. Since its initial meeting, the CGPCS has nearly doubled in size—a testament to the global consensus that piracy poses a shared security challenge. Today, over 60 nations and inter-national organizations participate in the CGPCS, which meets regularly.

The CGPCS operates through four thematic working groups: Working Group 1 on mili-tary and operational coordination, information sharing and capacity-building, chaired by the United Kingdom; Working Group 2 on legal issues chaired by Denmark; Working Group 3 on the strengthening of shipping self-awareness and other capabilities chaired by the United States; and Working Group 4 on public information chaired by Egypt. The CGPCS also convenes on an ad hoc basis to foster international cooperation to disrupt the illicit financial networks that fuel piracy.

Trust Fund to Support Initiatives States Countering Piracy off the Coast of Somalia

In January 2010, at the request of CGPCS, the United Nations Secretary-General established the Trust Fund to Support Initiatives of States Countering Piracy off the Coast

Page 8: Trust Fund to Support the Initiatives of States Countering Piracy off

2

trust fund to support the initiatives of states countering piracy off the coast of somalia

of Somalia (henceforth “the Trust Fund”). The objective of the Trust Fund is to “help defray the expenses associated with prosecution of suspected pirates, as well as other activities related to implementing the Contact Group’s objectives regarding combating piracy in all its aspects.”1

Specifically, the Fund is intended to: expand the current possibilities available to States and relevant industry to make tangible contributions to combat piracy off the coast of Somalia; permit the payment of expenses associated with prosecution and detention of suspected pirates as soon as possible; provide for an expedited distribution mechanism to allow for the payment or reimbursement of short-term prosecution-related expenses; and support relevant capacity-building activities for legal institutions and individuals.

Structure of the Trust Fund2

The creation of the Trust Fund was approved by the United Nations Controller at the end of January 2010, with the United Nations Office on Drugs and Crime (UNODC) serving as the Fund Manager. The Department of Political Affairs (DPA) serves as the Secretariat of the Fund. Governance is provided through a Board consisting of ten Member States of the Contact Group (who serve on a rotating basis), with DPA serving as a non-voting Chair of the Board.3

The Trust Fund was established with two “windows” to allow donors to make contributions to specific categories of activities. These windows correspond to the characterization of expenses incurred in addressing piracy in all its aspects. These windows are:

A. Prosecutions and detentions-related activities

The nature of activities under this window are practical, operational and require rapid response, as well as those of an ordinary project nature. They include:

(i) Enabling the payment or reimbursement as quickly as possible of specific expenses associated with investigating or prosecuting suspected pirates, or imprisoning those convicted.

(ii) Enabling other relevant financial support to national jurisdictions, in particular for national legal capacity-building, including supporting evidence gathering capacities, capacities in the field of detention and imprisonment, and mutual legal assistance among and between the regional States.

1 Terms of Reference, 27 January 2010, para. 4. 2 All information herein is derived from the Terms of Reference, 27 January 2010. 3 The seats on the Board are divided as follows: three seats for regional and piracy-affected States, and the remaining seven seats for Contact Group Member States. The International Maritime Organisation (IMO), the United Nations Country Team (UNCT) and UNODC have non-voting seats on the Board, and the Fund Manager is an ex-officio Member.

Page 9: Trust Fund to Support the Initiatives of States Countering Piracy off

3

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

B. Other priority activities

(i) Enabling other activities related to implementing Contact Group objectives regarding combating piracy in all its aspects, including public communication.

To be used in circumstances where immediate funding to pay or reimburse short-term prosecution-related expenses is required, the terms of reference of the Trust Fund specifi-cally created a fast track mechanism, the “Expedited Facility” (ExFac) as a project that is replenished on a revolving basis.

Contributions to the Trust Fund

Donor contributions to the Fund are used to finance projects carried out by United Nations System organizations (the “participating United Nations organizations” and implementing partners). Participating United Nations organizations become party to the Trust Fund through the signature of a memorandum of understanding with the Fund Manager. Following this, the participating United Nations organization assumes full programmatic and financial accountability for the funds disbursed to it, in accordance with their own regulations, rules, directives and procedures.

In the reporting period up until 31 January 2011 (henceforth, “reporting period”), a total of US$ 5,080,918 was received from a total of 10 Member States.4 Of the total contributions, US$ 929,042 was earmarked to window A, and the remaining balance of US$ 4,151,876 was received into the Fund un-earmarked.

Expenditure of the Trust Fund

In the reporting period the Trust Fund reviewed a total of twenty projects submitted by seven different United Nations organizations. The Trust Fund approved ten of those projects with a total value of US$ 3,760,678.5 The approved projects included a range of initiatives aimed at strengthening the criminal justice and law enforcement institutions in regional states, as well as in Somalia itself, to respond to the challenges of piracy. A media project supporting the objectives of Working Group 4 of the Contact Group was also funded, with the goal of disseminating anti-piracy messages in Somalia.

At its first meeting in March 2010, the Board approved the creation of the ExFac mechanism, under the direction of UNODC, with an initial allocation of US$ 200,000. This was replenished by a further US$ 200,000 in November 2010.

The Fund was created with a total overhead rate of 10 per cent: a 3 per cent fund manage-ment fee and 7 per cent for the project support costs incurred on top of the project value for each accepted proposal.

4 It should be noted that some contributions were made in December 2009, before the formal creation of the Trust Fund, as a sign of support and to give momentum to the process. 5 This sum includes all project support and fund management costs.

Page 10: Trust Fund to Support the Initiatives of States Countering Piracy off

4

trust fund to support the initiatives of states countering piracy off the coast of somalia

Impact of the Trust Fund

This section attempts to assess the scope and impact of the Fund as a whole in its first year of operation. Detailed information on the individual projects that are resourced through the Trust Fund is provided in section II below.

Most of the funding awarded in 2010 was dedicated to activities that built the capacity of Somalia, as well as regional Members States, in the area of law enforcement, including coastguard support, prosecution and detention. The Board put an immediate priority on these activities in the response to piracy on land for a number of reasons. Firstly, the aim was to facilitate a greater piracy prosecution rate. This is due in part to the fact that appre-hended pirates are sometimes released due to the lack of a host State willing or capable of prosecuting them, leading to the phenomenon of repeat offenders. It has been estimated that more than 90 per cent of the pirates apprehended by States patrolling the seas are currently released without being prosecuted, though in many cases their release is due to a lack of prosecutable evidence.6 The seeming impunity resulting from the “catch and release” practice has de facto further encouraged piracy.7

When the Trust Fund began operations in early 2010, Kenya was the only state to accept the transfer of pirates from foreign navies for prosecution. Having entered into an agree-ment with the European Union (EU) in this regard, Kenya received substantial support from a joint EU-UNODC project to reinforce its criminal justice institutions to prosecute piracy suspects. In February 2010, the Seychelles agreed to support this regional effort, and a similar package of assistance was provided through the EU-UNODC joint initiative. The Trust Fund supplemented this project to provide critical assistance to the endeavours of the Government of the Seychelles by building capacity of the Seychellois judiciary and supporting an upgrade of its prison facilities. Following the rescinding of Kenya’s transfer agreements at the end of September 2010, Kenya has accepted transfers of suspected pirates on a case-to-case basis. By the completion of the reporting period, Seychelles remained the only country in the region with standing transfer agreements in place that accept pirates for prosecution, though Kenya does continue to accept pirates on an ad hoc basis. The Trust Fund Board also recognized the important role Kenya continues to play by awarding a project to raise standards in Kenya’s prisons, six of which will be holding convicted pirates for the duration of their sentences.

Through the Trust Fund, the Contact Group signalled to Member States willing to prose-cute pirate suspects that there was political will and commitment towards resourcing such efforts. The Trust Fund provided sustained support to the Seychelles, awarding another grant in January 2011 to support its police and coastguard. Such sustained support is also building the confidence of other States in the region to pursue piracy trials. For instance, a project submitted by UNODC to provide support to Mauritius has proved an important factor in discussions with the Government of Mauritius regarding their participation in regional counter-piracy efforts.

6 Data communicated by EU NAVFOR, as of 26 January 2011. 7 S/2011/30 (January 2011): Report of the special Advisor to the Secretary-General on Legal Issues related to Piracy off the Coast of Somalia, para 14 [Lang report].

Page 11: Trust Fund to Support the Initiatives of States Countering Piracy off

5

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

As the report of the former Special Advisor to the Secretary-General on legal issues relating to piracy off the coast of Somalia confirmed, solutions in Somalia, being both the base for and a victim of piracy, are an integral component of the international community’s counter-piracy efforts.8 In the long term, the goal is to address the root causes of piracy in Somalia. As the United Nations Secretary-General has stressed, this can only be done through a holistic approach that integrates deterrence efforts, works to improve the security situation and the rule of law in Somalia, as well as fostering sustainable develop-ment. In the short to medium term, however, the Trust Fund Board has focused on rein-forcing Somalia’s criminal justice capacity to suppress and thereby deter acts of piracy. Three components were identified as necessary to achieve this: (a) the establishment of a Somali body of law which authorizes the prosecution of suspected pirates, but complies with international human rights norms; (b) the building of Somali judicial capacity, and (c) the creation of correctional facilities for the effective execution of sentences in Somalia.9 The Trust Fund has supported all three of these goals.

Regarding the first area (a), the Trust Fund financed a Somalia Law Reform project that worked with the trilateral Law Reform Commission. This project supported the re-drafting of the criminal and procedural codes of Somalia to ensure their relevance and applicability to criminal proceedings in general. It also works to re-draft piracy-related laws, such as the anti-Piracy law itself, as well as generally supporting prosecutions related to illegal activities off the coast of Somalia.

With regard to the second area (b), the building of Somali judicial capacity, the Trust Fund financed two projects supporting the criminal justice sector. The UNODC Somalia Prosecutor Programme provides training and logistical support to the prosecutors in Somalia to allow for fair and efficient trials of individuals charged with criminal offences. The programme also aims to support Somalia in the establishment of effective mechanisms to facilitate the transfer of suspected pirates arrested by international navies to Somalia for trial. In addition, the Trust Fund is supporting a United Nations Development Programme (UNDP) project that will train and provide logistical support to criminal investigators of the Puntland Police Force. The objective is to build the capacity to undertake professional criminal investigations of suspects of crimi-nal offences, including piracy; to present investigative evidence effec-tively to support the trial process and to ensure the compliance of criminal investigations of the “Puntland” Police Force with inter-national policing benchmarks and human rights standards.

8 Ibid, para 79. 9 Ibid, para 101.

Graduates of a Counter-Piracy Training Programme

Page 12: Trust Fund to Support the Initiatives of States Countering Piracy off

6

trust fund to support the initiatives of states countering piracy off the coast of somalia

Finally, the Trust Fund provided substantial support to augment the correctional capacity of Somalia. This need was cited by the Secretary-General’s former Special Advisor as “the main obstacle to prosecuting pirates, in Somalia as well as in the other States of the region.”10 Over US$ 1.5 million of the Trust Fund’s resources in 2010 (37.5 per cent of the total) were provided to resource projects with this objective. This investment contributed to the opening of the first prison built in Somalia in 30 years, Hargeisa prison in Somaliland. It also provided targeted infrastructure investment to Boosaaso prison in Puntland to bring it in line with international minimum standards and to increase its capacity by 200 beds.

Current prison conditions in Puntland

As foreseen in the TOR of the Trust Fund, the CGPCS remains committed to the long-term goal of tackling the problem of piracy through addressing the socio-economic, governance and security challenges in the country. Within the reporting period, the Trust Fund received five proposals which sought to alleviate the root causes of piracy, by promo-ting education, job skills training and other means of discouraging piracy through the provision of alternative opportunities for Somali citizens (hereinafter, “alternative livelihoods”). A communications project to support anti-piracy messaging in Somalia, designed by the United Nations Political Office for Somalia (UNPOS) in response to the action plan developed by CGPCS Working Group 4, was an initial activity resourced by the Fund as part of land-based initiatives targeted at the root causes of piracy.

However, the limited funding available to the Board in the first year (never more than US$ 2.5 million at any given time) resulted in the Trust Fund lacking a sustained and predictable income stream. Therefore, during its first year of operation, the Board decided to focus on supporting prosecution and detention-related activities. While some Board members suggested that this should remain the primary focus of the Fund, other Board Members encouraged further discussions in Board Meetings and at the CGPCS meetings regarding a broadening of support to alternative livelihood approached through the Fund’s second funding window (window B).

10 Ibid, para 109.

Page 13: Trust Fund to Support the Initiatives of States Countering Piracy off

7

2. KEy InITIATIvES

The Board reviewed a total of 20 projects in 2010, and agreed to fund 10, in addition to the Expedited Facility project. The ten projects supported were:

Agency Project title Amount (US$) Duration

UNPOS Media project 214 000 12 months

UNODC Somalia prisons 751 140 12 months

UNODC Somalia Law Reform 205 225 12 months

UNODC Seychelles Regional Centre 415 160 12 months

UNODC Somalia prosecutors 224 786 12 months (delayed)

UNODC Kenya prisons 332 770 9 months

UNDP Civilian police project, rule of law and security programme

362 307 12 months

UNODC Police capacity-building: Seychelles 197 750 12 months

UNODC Boosaaso prison phase 3 826 040 12 months

UNODC Regional prosecutorial capacity 267 500 12 months

Total 3 760 678

As the majority of these projects were not approved until the end of April 2010, none have finished their implementation cycle during the reporting period. Instead, short project summaries are provided below, including an overview of the status of implementation and achievements of the project thus far.

Page 14: Trust Fund to Support the Initiatives of States Countering Piracy off

8

trust fund to support the initiatives of states countering piracy off the coast of somalia

utilizing media to prevent and combat piracy

Objectives

The primary objective of this project is to inform the Somali general population of the negative effects and long-term implications of piracy on their lives, in order to prevent youths from joining in acts of piracy by highlighting the dangers and threats of piracy and presenting alternatives, as well as to discredit and dispel the popular belief that pirates are to be admired because they protect the coastline.

Rationale

The fascination with pirates among Somali youth, their ability to mobilize “home-grown” crews to hijack large freighters, evade the law and come away with awe-inspiring ransom amounts, has resulted in a dangerously alluring portrait of “Robin-Hood” type characters saving their country from illegal fishing and the dumping of toxic waste. Particularly in a war-torn society such as Somalia, where opportunities for employment or education are next to none, unemployed young people are drawn to emulate such role models for profit and excitement. It is therefore critical to shift the perceptions of the young from seeing pirates as “role models” to understanding the risks, long-term consequences and the devas-tating effects that piracy can have on their own lives and on society.

United Nations Policy Office for Somalia (UNPOS) was given US$ 214,000, to work through a local partner, in order to enter into contractual arrangements with local radios and television services, the print media and websites to deliver counter-piracy messages. UNPOS envisaged their campaign to involve the dissemination of leaflets, discussions on local talk shows, televised public service announcements as well as shows, cartoons and cultural performances such as plays, poetry, song and dance. Additionally, UNPOS sought to engage local communities in workshops, seminars, forums, debates and discussion groups with distinguished and influential participants including religious leaders, elders and journalists. The project further aimed to widely publicize land-based job opportunities and employment initiatives in schools and public areas.

Implementation overview

The first phase of this project involved setting the groundwork for the full implementation of the media campaign. UNPOS convened and led a meeting with the Nairobi Cluster, which is a coordinating group, chaired by UNPOS, of the United Nations agencies

Project overview

Agency UNPOS

Project title Utilizing media to prevent and combat piracy

Duration 12 months

Date of approval 23 April 2010

Location Somalia

Funding awarded US$ 214 000

Page 15: Trust Fund to Support the Initiatives of States Countering Piracy off

9

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

covering Somalia. This group discussed various strategic options and opportunities for dealing with piracy in Somalia. UNPOS also engaged with international partners through the Somalia ITF Work Group to share common experiences and expertise, as well as with local media and community groups. Based on these consultations, a six-month action plan was developed and implementation has begun. This has included the local partner setting up logistics and administration of the project via the purchasing of equipment and the hiring of essential staff to conduct the project’s next phase.

A number of minor obstacles were encountered during this initial phase of implementa-tion, which have delayed the start of this project. Additionally, due to the overall security situation in Somalia and the need for this project to penetrate areas that are typically unstable, there is a risk associated for the Somali partners carrying out the project. At this point, however, the project is on track.

Implementing reforms and creating sustainable capacity in Somaliland and Puntland prisons (phase 1)

Objective

The objective of this initiative focused on bringing the prisons in Somaliland and Puntland closer to international minimum standards by renovating Hargeisa prison in Somal-iland and Boosaaso prison in Punt-land and building staff capacity at these prisons. The project also includes a prisoner rehabilitation component that is unique in the Somali penitentiary system.

Rationale

The objective of this project was to build capacity and confidence in the criminal justice sector in Somalia. In turn, this would begin to create the conditions for the transfer to Somalia of convicted Somali pirates prosecuted by regional states, to serve their prison sentences within Somalia. By bringing these prisons up to international minimum stand-ards with adequate facilities, as well as training the staff and building their capacity, this project illustrated to those states in the region that have agreed to prosecute pirates that they will not be required to imprison Somali pirates for the duration of their sentence—which have ranged between 8 and 33 years.

In turn, this provides an incentive for states to actively prosecute, an event which occurs far too infrequently, given the burden on prosecuting states, which struggle with capacity and resources. It also addresses requests from the Somali government that its nationals be permitted to return home.

Project overview

Agency UNODC

Project title Implementing reforms and creating sustainable capacity in Somaliland and Puntland prisons

Duration 12 months

Date of approval 23 April 2010

Location Somalia: Puntland and Somaliland

Funding awarded US$ 751 140

Page 16: Trust Fund to Support the Initiatives of States Countering Piracy off

10

trust fund to support the initiatives of states countering piracy off the coast of somalia

Finally, the project was designed to include a prisoner rehabilitation effort which aims to provide sewing, welding, woodworking, reading and writing skills. As the UNODC Executive Director noted: “[t]he shift in approach by authorities to supplement incarcera-tion with skills-development and rehabilitation is critical. This level of prison reform will assist in tackling the long-term goal of dealing with piracy and UNODC are glad to be able to be part of this process.”11

Implementation overview

UNODC was awarded US$ 751,140, towards a larger programme with an overall budget of US$ 3,600,000, in order to implement reforms and help improve prison conditions in Somaliland and Puntland.

Given the security situation and limited capacity within Somalia, it was not possible for UNODC to oversee work in both Somaliland and Puntland simultaneously. Thus, the works to Boosaaso prison began immediately following the completion of the Hargeisa prison. At the time of writing, the work in Hargeisa is complete, the renovations at Boosaaso prison are well underway, and the project is on schedule to be completed by the end of July 2011.

UNODC completed the renovations to the physical structures at Hargeisa prison, which included basic construction, an increase in the available accommodation to prisoners, as well as improvement of the infrastructure and sanitation, such as providing generator and perimeter lighting, security doors, hatches and locks. Additional upgrades included the procurement of furniture, medical supplies and a vehicle to permit the safe travel of prison-ers. Based on these improvements, Hargeisa prison is now in line with international minimum standards. It was opened in November 2010, as the first new prison to open in Somalia in 30 years.

11 UNODC Executive Director, Yury Fedotov, 29 March 2011.

Prisoners in Somaliland wearing prison clothing made by fellow detainees

Renovated Hargeisa prison in Somaliland

Page 17: Trust Fund to Support the Initiatives of States Countering Piracy off

11

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

The second component of this pro-ject was to develop staff capacity for effective prison management. Two specific activities were per-formed in order to meet this objective. First, UNODC devel-oped a set of standing orders for prisons which conform with international standards and best practices for prison operations. Second, UNODC provided train-ing to senior management and guards of the prison in order to ensure that the reforms imple-mented would be sustainable. The staff at both locations have now been properly trained, and are capable of following the standing orders introduced.

The work completed in Hargeisa prison increases the total prison capacity in Somaliland by 400 beds, thereby alleviating to a certain extent the chronic prison overcrowding, offering a significant improvement for the prison population in Hargeisa.

Somaliland and Puntland law reform

Objective

The objective of this project was to assist law reform efforts in South Central of Somaliland and Punt-land in updating and making con-sistent the criminal and procedural legal codes of both Somaliland and Puntland.

Rationale

Much of the criminal and procedural legal codes of both Somaliland and Puntland are critically out of date, and do not have their origins in the same legal system. The criminal codes are based upon Italian codes, while the procedural codes are based on British

Project overview

Agency UNODC

Project title Somaliland and Puntland law reform

Duration 12 months

Date of approval 23 April 2010

Location Somalia: Puntland and Somaliland

Funding awarded US$ 205 225

Staff at Hargeisa prison

Page 18: Trust Fund to Support the Initiatives of States Countering Piracy off

12

trust fund to support the initiatives of states countering piracy off the coast of somalia

common law. This inconsistency in the legal framework severely hinders the prosecution of pirates, as well as those engaged in illegal fishing. Therefore, the re-drafting of these codes was a clear priority in ensuring a platform for an effective criminal justice response. In particular, updating the Anti-Piracy Law and putting in place a Prisoner Transfer Law will support allowing prosecutions elsewhere and the transfer of convicted pirates.

Implementation overview

UNODC was awarded US$ 205,225 for this project, and the project has been delivered in full.

Working closely with legal experts from the TFG, Somaliland and Puntland UNODC provided administrative, technical and infrastructure support to the experts. In particular, UNODC provided effective assistance in under-taking a comprehensive assessment of the current legal framework in Somali-land. The Anti-Piracy Law has been passed in Puntland and is in the final stages of being passed in Somaliland.

This project has achieved the immediate goal of ensuring that there is an effective legal framework in place under which prisoner transfers can take place. It also serves the longer-term strategic goal of promoting the rule of law in Somalia. The law reform process had the added benefit of bringing together all three authorities to work together in a cooperative manner.

Seychelles Regional Centre

Objectives

This project sought to support the Seychelles in increasing its capacity at Montaigne Posée Prison, the country’s only prison, and generally improve its health, security and safety standards. The project also provided training opportunities for the Seychelles judiciary.

Project overview

Agency UNODC

Project title Support to Seychelles as Regional Centre for the Prosecution of Piracy

Duration 12 months

Date of approval 23 April 2010

Location Seychelles

Funding awarded US$ 415 160

Outdated legal library in Somaliland courthouse

Page 19: Trust Fund to Support the Initiatives of States Countering Piracy off

13

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

Rationale

Despite being one of the world’s smallest states, Seychelles has been the mainstay of the regional piracy prosecutions framework, and is currently the only country with active transfer agreements in place. As the law of the Seychelles is the most wide-ranging and comprehensive in terms of providing a framework to prosecute piracy, it is a particularly effective partner in the regional prosecutions effort, and its proactive approach serves as a model for other regional states. Therefore, it is critical to the overall effort that the Seychelles is well supported by the international community to continue to play this important role.

The improvements envisaged in this project will build the capacity of the Seychelles criminal justice system as a whole. Once completed, the new wing of the prison will provide a significant addition to the capacity of the Seychelles penal system, which is of long-term and sustainable benefit to the country.

Implementation overview

This project supported by the Trust Fund was part of a larger project by UNODC to provide a comprehensive package of support for Seychelles criminal justice institutions, in order to build their capacity to address the prosecution of individuals suspected of piracy in a fair and efficient manner. The project began construction in September 2010, and is on schedule to be completed by July 2011.

The primary deliverable of this project focused on the construction of a new prison facility capable of accommodating a minimum of 60 inmates and to upgrade and improve current facilities. The increased capacity for prisoners created space in the main facility. The completed upgrades benefited all of the inmates in Montaigne Posée prison, and brought the facility in line with international minimum standards for health and safety.

Montaigne Posée prison in the Seychelles

The project also worked to strengthen the capacity of the judiciary and law enforcement to respond to the challenges of piracy, through a series of training sessions undertaken on a regular basis throughout the year. The last session was provided in February 2011. These training sessions reinforced the existing capacity of the judiciary to handle complex criminal trials and develop knowledge of the intricacies of maritime law and crimes

Page 20: Trust Fund to Support the Initiatives of States Countering Piracy off

14

trust fund to support the initiatives of states countering piracy off the coast of somalia

conducted at sea. On certain occasions, the capacity-building initiatives for the judiciary were coordinated with other UNODC training provided to other branches of the criminal justice sector (e.g. police, prosecutors and coastguard) to strengthen the collaboration between these units, and to ensure effective case manage-ment and procedural and substantive due process in each instance. Many of the training sessions that have a specific piracy focus are equally applica-ble to other serious criminal cases, and thus will contribute to an overall strengthening of criminal justice capacity in the country. Additionally, Seychelles judicial officials were also given the opportunity to participate in regional learn-ing exchanges with other states prosecuting pirates. This exposure to legal systems in other countries contributed to the development of regional cooperative networks.

Somalia Prosecutor Programme

Objectives

This project aims to train and provide logistical support to prosecu-tors in Somalia in order to establish a system that could provide fair and efficient criminal trials for piracy and other serious crimes.

Rationale

The criminal justice situation in Somalia presents complex challenges, due to the need for wide-ranging reform of the criminal justice sector. Currently, many areas of Somalia are without a functioning criminal justice system. Due to serious concerns over the respect for international and human rights standards in the criminal justice system in Somalia, many States with naval forces in the area have been hesitant to transfer suspected pirates for

Project overview

Agency UNODC

Project title Somalia Prosecutor Programme

Duration 12 months (delayed)

Date of approval 23 April 2010

Location Somalia: Puntland and Somaliland

Funding awarded US$ 224 786

Defence counsel with a Somali client and a UNODC interpreter in the Seychelles

Page 21: Trust Fund to Support the Initiatives of States Countering Piracy off

15

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

prosecution to Somalia. However, there are areas (notably Somaliland and some areas of Puntland) where United Nations initiatives have delivered marked improvements in the quality and delivery of justice. It is therefore in these areas that the Prosecutor Programme will seek to deliver training.

Regardless of its limited national capacity, Somalia remains the country undertaking the highest number of piracy trials by a significant margin. At the time of writing, Somaliland had tried 88 pirates which resulted in successful convictions of all of them. Puntland had tried and convicted an estimated 200 pirates, with a further 60 waiting on remand.

Increasing the capacity of the national criminal justice system in Somalia will encourage the transfer of suspected pirates to Somalia by navies, and the overall goal of having Somalia in a position to accept pirates captured by foreign navies for prosecution.

Implementation overview

UNODC was awarded US$ 224,786 to develop the capacity of Somali prosecutors in Somaliland and Puntland. UNODC envisions a three-stage implementation programme, based on the mock trial model. The principal activities UNODC will engage in include: specialist courses in maritime crime, piracy and organized crime; forensic techniques; advocacy; case preparation; and prosecuting sexual offences. These projects will run in Somaliland and Puntland, and will be delivered by UNODC instructors and local univer-sity staff (thereby also building capacity of the national legal training institutions). The supporting legal training materials and relevant statutory and case law will be provided as a resource to the local law libraries and universities to ensure sustainability of the training. The project further aims to provide transportation assets which will allow prosecutors who lack access to transportation because they have no vehicles to reach court.

UNODC had scheduled to begin the initial phase of the legal training programme, but the practicing prosecutor required for the training sessions was denied leave at the last minute. For obvious reasons, this has delayed implementation of the training phase until September 2011.

Courtroom in Hargesia, Somaliland

Page 22: Trust Fund to Support the Initiatives of States Countering Piracy off

16

trust fund to support the initiatives of states countering piracy off the coast of somalia

Improving conditions in Kenyan prisons

Objectives

This project sought to improve conditions in Kenyan prisons in order to bring them in line with international minimum standards, as well as reduce overcrowding through remand review.

Rationale

In the context of ongoing piracy prosecutions in Kenya, Kenyan authorities have high-lighted the burden of imprisoning those convicted after trial and have called for interna-tional assistance in addressing this challenge. Prisons in Kenya are plagued by severe over-crowding. The Kenyan prison system has a design capacity of 18,000 yet holds 52,000, exacerbating poor living conditions for prisoners and dampening the positive effects UNODC investments could otherwise have. In two prisons where convicted pirates are to carry out their sentences—Nakuru and Kamiti—conditions remain very poor. Significant improvement to these prisons’ facilities was needed if convicted pirates detained there were to be held in humane conditions. Additionally, in Kenya remand prisoners account for a disproportionately high 43 % of the prison population, occupying much needed space and resources.

Implementation overview

UNODC was awarded US$ 332,770 to engage in two related initiatives with the aim of improving the conditions of prisons in Kenya. The first aspect of this project was the refurbishment of Nakuru and Kamiti prisons, where piracy suspects are held. The project began in December 2010, to bring these prisons in line with basic international standards. These renovations included physical improve-ments to the prisons’ water supplies, santitation systems and kitchen facilities. UNODC has also agreed to provide upgrades to the prisons’ health, education and welfare services. Firefighting equipment at Kamiti prison

Project overview

Agency UNODC

Project title Improving conditions in Kenyan prisons

Duration 9 months

Date of approval 23 April 2010

Location Kenya

Funding awarded US$ 332 770

Page 23: Trust Fund to Support the Initiatives of States Countering Piracy off

17

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

The second component of this project was a remand review programme aimed at reducing prison overcrowding. This model was successfully utilized in Shimo La Tewa prison, the first Kenyan prison that UNODC worked in. Five hundred prisoners were released, who had been held on remand longer than the expected sentence for their crimes. Following the prior initiative, this project identified Kenyan judges to conduct a comprehensive remand review of all of the Kenyan prisons which will hold suspected and convicted priates: Kamiti, Malindi, Manyani, Nakuru and Shimo La Tewa. These will be underway during the first half of 2011, and will be finished by the scheduled completion date of the project, 31 August 2011.

Additional projects approved

At the January 2011 Board Meeting, the Trust Fund Board approved four projects. These have not yet begun implementation, and will be reported on in the 2011 annual report. Below is a short overview of the projects approved at the January 2011 Board Meeting.

Civilian police project, rule of law and security

UNDP was awarded US$ 362,307 for 12 months to assist Puntland to develop a civilian police service that is a professional and accountable institution, compliant with and strictly adhering to international human rights standards in all its activities. The project has two components:

(i) Basic criminal investigation training: Training of 100 police officers on a four week internationally accredited course. The training would be held in Punt-land and facilitated by UNDP staff. The training covers the basics of inves-tigation and preparation of cases for the prosecution service.

(ii) Rehabilitation of Boosaaso police station: The main police station serving Boosaaso needs improvement to strengthen police investigative operations and to help ensure that those in police custody are held according to inter-national standards. The works proposed would involve rehabilitation and improvement of holding areas, examination/interview rooms and exhibit areas.

Police capacity-building in the Seychelles

UNODC has been awarded US$ 212,100 to train/assist the police force in the Seychelles on using and maintaining communications and to equip the police force with a working communications network. The project includes the construction and provision of a working communications network, consisting of both VHF (very high frequency) and HF (high frequency) equipment. The project also includes funding for refresher/initial training of the 600 police officers in the Seychelles, many of whom have never used VHF or HF communications.

Page 24: Trust Fund to Support the Initiatives of States Countering Piracy off

18

trust fund to support the initiatives of states countering piracy off the coast of somalia

Refurbishment of Boosaaso Prison, Puntland: phase 3

UNODC was awarded a further US$ 826,040 to finalize the rennovations and capacity- building initiative for the prison in Boosaaso, a project whose first phases were also funded by the Trust Fund. This project will continue to improve the standards of imprisonment in Puntland’s largest prisons. Phase 1 and 2 provided for a basic refurbishment of the existing facilities (with focus on water, sewage, and the construction of a small women’s wing and kitchen). At the time of the award, the prison held 260 piracy suspects/convicted pirates including approximately 80 transferred by foreign navies. This final tranche of funding for Boosaaso will support the third phase of renovations and capacity-building, which will result in:

• Additional accommodation capacity (200 bed male wing);• Management training for Custodial Corps Officers;• Prisoner training and rehabilitation facilities.

Building regional capacity for piracy prosecutions

The Board awarded a grant of US$ 235,400 to UNODC to provide a central substantive and coordination capacity for prosecutions that will fulfill the following functions:

• Liaise between EUNAVFOR, CMF and other naval forces communicating legal and evidential requirements, liaise between (military) witnesses and police/ prosecution in regional state and ensure that transferring donor and regional states are kept appraised of trial issues in a timely manner.

• Ensure that provision of defence lawyers is assured in all regional states. • Support additional countries to revise their laws to allow prosecution of pirates.• Ensure that lessons from UNODC in-country prosecution mentors (Seychelles,

Somalia) are widely learnt and investment capacity is long term. • Support judicial processes associated with repatriations and prisoner transfers to

Somalia.

This project complements and enhances two existing CGPCS Trust Fund financed projects: “Support to the Seychelles Piracy Prosecutions Team” and “Somalia Prosecutions Programme”.

Page 25: Trust Fund to Support the Initiatives of States Countering Piracy off

19

3. ThE TRuST Fund ExPEdITEd FACIlITy

The terms of reference of the Trust Fund (section VI, para 24) state that “[i]n circum-stances where an immediate funding to pay or reimburse short-term prosecution related expenses is required, a Fast Track Mechanism will be developed in the form of a project proposal for review by the Fund Board at the earliest opportunity.” This “Expedited Facility” (hereinafter, ExFac) is intended to allow the Fund Board to delegate authority of approval to UNODC in circumstances where immediate action is needed to pay or reimburse short-term prosecution-related expenses, or to support any other activities high-lighted as urgent priorities by the Board.

At the request of Member States participating in the CGPCS and the Board of the Trust Fund, UNODC has agreed to manage the ExFac as part of the Trust Fund’s supported projects. The ExFac is operated from UNODC’s Regional Office for East Africa (ROEA) in Nairobi, under the direction of the UNODC Counter-Piracy Programme Coordinator. The Programme also draws on other specialist staff within UNODC ROEA and from UNODC Headquarters in Vienna. A number of administrative functions for UNODC’s Regional Office are performed by UNDP, including the issuance of travel arrangements, financial payments and reimbursements. Additional services are provided through the United Nations Office on Project Services (UNOPS).

UNODC has established a close working relationship with regional authorities, and helped establish a number of protocols that allow expedited processing to be possible in the case of urgent piracy-related matters. UNODC has also established standing arrangements with local contractors, suppliers and service providers in Mombasa, Kenya and the Seychelles who would be prepared to work outside normal hours to deliver support to the prosecutions process. Relationships have also been developed with local NGOs to be able to respond quickly in the case of specific emergencies relating to imprisoned pirates.

The ExFac serves to ensure that the ongoing and upcoming piracy trials are conducted in a fair and efficient manner, and that trials are not aborted due to an inability to meet short-term but critical prosecution-related expenses. The general criteria for funding from the ExFac are prosecution and detention-related activities which, if not implemented, will (a) impede administrative processes and progress related to the prosecution and detention of suspected pirates, such as the failure of witnesses to appear in court or a lack of equipment; (b) undermine the administration of justice and/or compromise ongoing prose cutions; or (c) negatively impact public standing and confidence in ongoing prosecu-tions of suspected pirates. The Expedited Facility is also be used to support any other activities highlighted as urgent priorities by the Board.

Page 26: Trust Fund to Support the Initiatives of States Countering Piracy off

20

trust fund to support the initiatives of states countering piracy off the coast of somalia

use of the ExFac—first tranche

The first request for use of the ExFac was reviewed by the Trust Fund Board at their March 2010 meeting and US$ 200,000 were subsequently approved by the Board. This first tranche of funds were used to support ongoing Trust Fund initiatives in Kenya and Seychelles.

Kenya

In Kenya, the Kenya Prison Service had no means of securely transporting con-victed pirates from Shimo La Tewa prison to the prison where their sentences were to be served. This endange-red the Kenyan public, the detainees and the prison service staff. Verdicts were expected in the remaining cases hence the urgency to procure a vehicle. The Ken-yan Government had identi-fied the prisons in which convicted pirates would serve their sentences, and the ExFac was utilized to fulfill an urgent request for the provision of a secure vehicle for prisoner transport. In total, the ExFac distributed US$ 45,000. US$ 30,000 was provided for the provision of motor transport, US$ 10,000 for security upgrades to transport and a further US$ 5,000 for insurance for one year.

Seychelles

In Seychelles, three activities were funded via the ExFac. The first line of activities involved defence and welfare costs for ongoing piracy trials. The Government of Seychelles received reimbursement for the costs of defending the first piracy trial in the country. Attorneys were funded through the Seychelles legal aid system to ensure the defendants had proper representation. The total cost to the ExFac was US$ 30,000. Also funded under this line of activities was the provision of funds for clothing, devotional material, washing materials and religious counsel to Somali prisoners in the Seychelles, administered via local and reputable NGOs. Because these defendants were far from home, there was an urgent need to provide them with these basic materials, which UNODC and the Government of Seychelles identified as essential requirements. The total cost to ExFac was US$ 12,000 for supporting the 31 piracy defendants.

The second line of activities involved a short-term increase in prosecutorial capacity. The Seychellois Attorney General made an urgent appeal to UNODC to supplement his

Kenya prison transport

Page 27: Trust Fund to Support the Initiatives of States Countering Piracy off

21

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

prosecutorial staff to meet the demands of ongoing piracy trials and investigations. In order to ensure a fair and effective trial, the ExFac provided for car hire for two inter-national prosecutors for 12 months which cost US$ 6,000 and an apartment costing US$ 15,000, a total expenditure of US$ 21,000.

The third activity line was for the provision of a dedicated interpreter. In order to ensure the protection of the rights of the accused, Somali translators were required to be present at police interviews and during trial. There are no local Somali interpreters in Seychelles. Due to the limited availability of flights to the Seychelles and the costs of hotel accommodation and airline tickets, it was much more cost effective to hire a Somali/English interpreter to remain in Seychelles for the duration of the trial. Additionally, the interpreter was also available for all new arrests and interviews, as well as for any medical emergencies amongst the defendants. The interpreter also taught English to the Somali detainees. The total cost to the ExFac was a salary for the interpreter of US$ 12,000 for three months, car hire for three months at US$ 1,500 and an apartment rental for three months at US$ 3,750 —a total expenditure of US$ 15,900.

use of the ExFac—second tranche

On 28 July 2010, the Programme Coordinator of the CPP requested a replenishment of the ExFac to restore it to the original figure of US$ 200,000. The request for replenishment was based on three possible costs. The first was that the Kenyan Minister of Foreign Affairs was concerned about the security of the continued transfer of piracy suspects. In particular, there were worries that armed groups would attack the convoy, attempting to release the suspects. Further funding was therefore requested in order to strengthen security of such transfers. The second rationale for replenishing the ExFac was to continue to provide support to the Seychelles in its prosecution and detention of Somali piracy suspects and convicts. At the present date, none of the replenished funds have been utilized. The third was to pay for repatriation flights to ensure Somalis who are not prosecuted or acquitted can be returned to Somalia. In cases of large groups, an aeroplane would be chartered to ensure return flights from either Kenya or Seychelles.

Table of ExFac expenditures to date

Country Activity Cost breakdown (US$)Total expenditure

(US$)

Kenya Prison transport for Kenya

32-seat bus 30 000 45 000

Security upgrades 10 000

Insurance (1 yr.) 5 000

Seychelles Defence and welfare costs for ongoing piracy trials

Reimbursement for defence lawyers (hourly)

30 000 42 000

12 month welfare support contract

12 000

Page 28: Trust Fund to Support the Initiatives of States Countering Piracy off

22

trust fund to support the initiatives of states countering piracy off the coast of somalia

Prosecutorial capacity 12 month apartment rent (1 250 p/m)

15 000 21 000

12 month car hire (500 p/m)

6,000

Dedicated interpreter 3 month salary (4 000 p/m) 12,000 15 900

3 month apartment rent (1 250 p/m)

3 750

3 month car hire (500 p/m) 1 500

Total project expenditure 123 900

Project support costs (7 %) 8 673

Total ExFac expenditure 132 573

Page 29: Trust Fund to Support the Initiatives of States Countering Piracy off

23

4. GovERnAnCE oF ThE TRuST Fund

The Trust Fund Board was appointed in January 2010 at an informal meeting of Member States of the Contact Group hosted by the German Permanent Mission in New York. There are three seats on the Board allocated for regional and piracy-affected States, with the remaining seven seats for donors. The International Maritime Organization (IMO), the United Nations Country Team (UNCT) and UNODC have non-voting seats on the Board, and the Fund Manager is an ex-officio Member. DPA is designated as the non-voting Chair of the Board. Board members were intended to serve a two-year term, but due to high interest among Member States, a term-sharing arrangement was agreed so that most members would rotate after one year. Board membership is depicted in the table below:

Board members year 1 (2010) Board members year 2 (2011)

Regional:

• Kenya

• Djibouti

• Seychelles

Regional:

• Kenya

• Djibouti

• Yemen

Donor:

• Germany

• Norway

• France

• Egypt

• Greece

• Marshall Islands

• United States

Donor:

• Germany

• Norway

• France

• Italy

• Japan

• Netherlands

• United Kingdom

The Trust Fund Board has had six official meetings within the reporting period. The inaugural meeting of the Board took place in New York on 24 March 2010, followed by meetings on 16 and 23 April 2010, 10 June 2010, 9 November 2010 and 11 January 2011.

Aside from the regular project review, the main issues which the Board discussed and deliberated on were fundraising strategies, governance and strategic priorities, the role of non-United Nations entities in accessing the Fund, and addressing alternative livelihood options related to fighting piracy.

Page 30: Trust Fund to Support the Initiatives of States Countering Piracy off

24

trust fund to support the initiatives of states countering piracy off the coast of somalia

Fundraising strategy

The Trust Fund has a significant and unique role to play as a funding source to support land-based support to counter piracy in the Horn of Africa. Since its inception, the Trust Fund has been in high demand, and has received numerous applications.

It was noted early on that there would be a need for a sustained and predictable funding base for the Fund to be able to have a strategic and visible impact. While the Fund contin-ued to receive a steady stream of contributions from Member States throughout the year, the Board emphasized the need to have a proactive fundraising strategy that would widen the potential donor base.

The Board identified two target groups at which to tailor its fundraising efforts—United Nations Member States (in particular those members of the Contact Group) and the private sector, particularly shipping and related industries. Appeals were made through Security Council resolutions (1918 (2010) and 1976 (2011), calling upon Member States and private industry to contribute to the Fund. A note verbale was sent to Member States by the Chair of the Board of Trustees in 2010, also appealing to them to financially support the efforts of the Trust Fund.

Internal governance and the strategic priorities of the Fund

The Board of the Trust Fund was concerned that the lack of regularly scheduled Board meetings, an explicit process for vetting proposed projects, and an absence of an overarch-ing strategy for effecting the objectives of the Fund as described in the terms of reference prevented the Fund from functioning optimally. The Board noted that clarifying and solidi fying these issues was necessary in order to ensure that the Fund honoured the original intentions of the CGPCS. Based on these concerns, the Board decided to establish clear guidelines and strategies relating to meetings of the Board, the solicitation and review of applications and monitoring, reporting and evaluation.

In order to streamline the meeting process and ensure an effective and efficient review of applications, the Board agreed to a schedule of a minimum of four meetings per year, with additional meetings to be convened as necessary. The Fund Manager was called to establish a public website on which an open call for proposals, including a published cut-off date for the acceptance of proposals, would be posted, in addition to all necessary application materials and supporting information.

The Board noted the need to strengthen the monitoring, reporting and evaluation of projects that receive resources from the Trust Fund. To showcase the impact of the Fund and to promote fundraising, the Board considered it imperative that the Fund require rigorous monitoring and evaluation. In this vein, the Fund Manager was assigned to maintain a complete list of projects that have been submitted and reviewed, recording the decisions taken and progress achieved thus far. This would ensure that there is no duplication of work, and that good oversight on the impact and efficacy of the Fund is

Page 31: Trust Fund to Support the Initiatives of States Countering Piracy off

25

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

maintained. The participating United Nations organization that submitted a funded project is required to submit interim progress reports to the Fund Manager twice a year, or at the midpoint of the project if its duration is less than one year. The Fund Manager, in close consultation with the Fund Secretariat, has committed to provide a short report summarizing inputs from the various projects at each meeting. The Fund Manager and/or the Secretariat will flag any issue related to the implementation of approved projects to the Board at this time. The Fund Manager will provide a comprehensive written report on the status of funding and expenditures of the Expedited Facility (ExFac) at each Board meeting.

The Board decided that for projects under the overall value of US$ 1 million, a critical self-evaluation would be required annually, and/or at the conclusion of the project, using the self-evaluation form provided by the Fund Manager. For projects above the value of US$ 1 million, fund recipients would be required to factor in, as part of the project proposal, a budget for an independent evaluation once a year and/or at the conclusion of the project. The independent evaluation would be undertaken by an independent consultant whose terms of reference would be supported and cleared by the Fund Manager and the Secretariat. Furthermore, any agency carrying out projects supported by the Fund with a cumulative value of over US$ 1 million would undergo an independent evaluation of the projects, which should be factored in the budget of the proposals.

Addressing alternative livelihood options related to fighting piracy

The Trust Fund received a great number of proposals which sought to address the root causes of piracy by promoting education, job skills training and other means of discourag-ing piracy and providing alternative opportunities for Somali citizens (hereinafter, “alterna-tive livelihoods”). Due to the limited funding available to the Board (as discussed above, never more than US$ 2.5 million at any given time) and the significant amount of money which would be required to seriously impact the livelihoods of Somalis, the Board decided that the Fund’s emphasis would remain on resourcing projects supporting the judiciary and rule of law sectors, especially prosecution and detention in the Fund’s first year of operations. Discussions on possibly expanding the second window of the Fund are continuing.

Page 32: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 33: Trust Fund to Support the Initiatives of States Countering Piracy off

27

5. FInAnCIAlS

Contributions to the Trust Fund

Country Currency Pledge amount US$ Conditions

Cyprus Euros 50 000 75 301 Un-earmarked

Denmark DKK 2 000 000 329 042 Window 1

France Euros 100 000 150 602 Un-earmarked

Germany US$ 1 000 000 1 000 000 Un-earmarked

Greece Euros 100 000 144 300 Un-earmarked

Japan US$ 500 000 500 000 Window 1

Netherlands Euros 1 000 000 1 371 464 Un-earmarked

Norway NOK 8 000 000 1 318 208 Un-earmarked

Sweden US$ 100 000 100 000 Un-earmarked

United States US$ 100 000 100 000 Window 1

Total 5 088 918

During the reporting period from the Trust Fund’s inception until 31 January 2011, contributions to the Trust Fund were received exclusively from ten Member States, with contributions ranging in size from US$ 50,000 to US$ 1.3 million.12

The contributions were divided so that US$ 929,042 was earmarked to window A, and the remaining balance of US$ 4,151,876 was received into the Fund un-earmarked. As shown in the graph overleaf, this equated to 82 per cent of funding coming to the Trust Fund unearmarked.

Analysis of expenditure

As previously noted, during the reporting period, funding was allocated to ten projects of United Nations System agencies, plus the Expedited Facility (ExFac) vehicle of the Trust Fund, which was divided as per the graph overleaf: UNODC received 76 per cent of fund-ing granted by the Board; UNPOS received 8 per cent, and the two tranches of the ExFac represented 16 per cent of approved expenditure.

12 It should be noted that some contributions were made in December 2009, before the formal creation of the Trust Fund, as a sign of support and to give momentum to the process.

Page 34: Trust Fund to Support the Initiatives of States Countering Piracy off

28

trust fund to support the initiatives of states countering piracy off the coast of somalia

Figure 1. Contributions by earmarking

Earmarked 82 %

Un-earmarked 18 %

Figure 2. Breakdown by receiving agency

Regional ExFac 16%

UNPOS 8 %

UNODC 76 %

Figure 3. Breakdown by country

Regional 16 %

Kenya 8 %

Seychelles 14 %Somalia 62 %

Page 35: Trust Fund to Support the Initiatives of States Countering Piracy off

29

MULTILATERAL AND INTERNATIONAL APPROACHES AND ISSUES

The other pie chart above indicates the breakdown of funding by the recipient country. The graph clearly shows that the majority of funding was directed at Somalia itself (62 per cent), while remaining shares were used to build capacity in the two regional prosecuting states, Kenya (8 per cent) and Seychelles (14 per cent). A further 16 per cent was directed through the ExFac and the Regional Prosecution capacity projects for the benefit of all countries supporting piracy prosecutions in the region.

Page 36: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 37: Trust Fund to Support the Initiatives of States Countering Piracy off

31

AnnEx 1. CERTIFIEd FInAnCIAl STATEmEnTS

Page 38: Trust Fund to Support the Initiatives of States Countering Piracy off

Note on the financial statement

As none of the projects had been completed at the close of the financial year (31 December 2010), the expenditure has not yet been reported, hence the large balance of the Fund. This will be rectified and fully reported in the financial statements for 2011.

Page 39: Trust Fund to Support the Initiatives of States Countering Piracy off

33

AnnEx 2. PRojECTS REvIEwEd By ThE TRuST Fund In 2010

Agency Project titleAmount (US$) Duration

Date reviewed Status

UNODC Expedited facility 200,000 Revolving 23 Apr 10 Approved

UNODC Somalia prisons 751,140 One year 23 Apr 10 Approved

UNODC Somalia Law Reform 205,225 One year 23 Apr 10 Approved

UNODC Seychelles Regional Centre 415,160 One year 23 Apr 10 Approved

UNODC Somalia Prosecutors 224,786 One year 23 Apr 10 Approved

UNPOS Media project 214,000 One year 23 Apr 10 Approved

OLA Somalia maritime zone and piracy legislation

255,297 9-12 months

23 Apr 10 Rejected

UNODC Kenya prisons 332,770 9 months 10 Jun 10 Approved

UNODC Expedited facility: replenishment 200,000 Revolving 9 Nov 10 Approved

FAO Institutional capacity-building and private sector fishing industry revitalization

500,000 One year 10 Jan 11 Rejected

FAO Improve livelihoods of the fishing, pastoral and agro pastoral communities in the Berbera and Lughaye districts of Somaliland

500,000 One year 11 Jan 11 Rejected

UNDP Civilian police project, rule of law and security programme

362,307 One year 11 Jan 11 Approved

UNDP Legal aid assistance 177,834 One year 11 Jan 11 Held

UNDP Strengthening legal capacity and oversight for judicial personnel in Somalia

244,211 One year 11 Jan 11 Held

WFP Emergency set up of port and storage facilities in Hobyo

722,990 Six months 11 Jan 11 With-drawn

WFP Port operation personnel training for Berbera and Boosaaso

186,500 One month 11 Jan 11 Rejected

WFP Rehabilitation of the Berbera to Ethiopian Border road

567,100 10 months 11 Jan 11 Rejected

UNODC Police capacity-building: Seychelles 197,750 One year 11 Jan 11 Approved

UNODC Boosaaso prison phase 3 826,040 One year 11 Jan 11 Approved

UNODC Mauritius courtroom 497,550 18 months 11 Jan 11 Held

UNODC Regional prosecutorial capacity 267,500 One year 11 Jan 11 Approved

UNICRI Community-based prevention of maritime piracy in Somalia

235,400 One year 11 Jan 11 Rejected

Total value of projects reviewed 8,083,560

Page 40: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 41: Trust Fund to Support the Initiatives of States Countering Piracy off
Page 42: Trust Fund to Support the Initiatives of States Countering Piracy off

Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org

V.11-85975—November 2011