Full Circle Moment

By Anna Goldfinch

I started out my internship knowing virtually nothing about maritime piracy, let alone the laws that surround this issue. I had a million questions. After a summer at Oceans Beyond Piracy, I know a lot more, but I have a million and one questions. This is because the issue of maritime piracy is complex, with intersecting issues, lots of gray areas, little precedent, and no concrete answers. As I worked my way through a variety of topics this summer, it all felt a little disjointed.

That was until I started working on the issue of Private Maritime Security Companies (PMSCs). PMSCs provide armed guards to ships to protect them from piracy. Generally speaking, having armed guards on ships has been found to reduce the number of pirate attacks. This issue is good indicator of what is actually happening in the maritime domain to respond to piracy and also brought all the work that I had been doing full circle.

Initially, the response to a surge in violent pirate attacks was governance. This was the first thing I learned about during my internship. International treaties mandate signatories to pass national anti-piracy legislation. Nations create anti-piracy strategies, plans, and legislative frameworks. However, this is foiled by the fact that the reporting of piracy is actually very low. There is no way to enforce anti-piracy laws if piracy is going completely unseen. Reporting is low because there are major financial disincentives for ships to report that they have been attacked. Costly inspections that would follow a report of piracy hurt the shipping companies’ bottom line and the seafarers’ wallets.

With a lack of reporting comes a lack of prosecution. There are very few cases of countries using universal jurisdiction to prosecute for piracy. While there has been some success in Somalia through a United Nations Office on Drugs and Crimes (UNODC) project that involves special courts, prisons and transfer agreements for accused and convicted pirates, this has not been seen elsewhere in the world.

Because of this, the shipping industry has looked for alternative ways to protect their workers and their goods. Their solution is hiring privately contracted, armed security guards (PMSCs), which was previously prohibited. As previously mentioned, this has seemingly led to a reduced amount of violence against seafarers. However, anecdotally these armed guards are often poorly trained in the escalation and use of force and will commonly open fire on boats that may try to approach their ship. After having researched PMSCs further, they aren’t necessarily a solution, but rather a simple reversal of those doing the attacking and those being attacked at sea.

From a human rights perspective, this bothered me. Pirates, while engaging in criminal activity, should still have all of their human rights guaranteed to them, including due process and a fair trial. Currently, it seems that a pirate may walk free if it is deemed they would be too costly to prosecute, or killed if an embarked guard feels threatened. This complete unpredictability of punishment is, in my view, unjust.

And this is where my work was brought full circle. My last task at Oceans Beyond Piracy was to research ways of holding PMSCs more accountable for their actions, providing better standards, training, and recourse for wronged parties. Essentially, I was looking into how to use governance to solve the problem of violence at sea.

In this exercise, I realized that so many of the problems that we try to address through human rights work are so intertwined, so complex, that sometimes we end up governing ourselves full circle. My millionth and one question is how do we make human rights focused interventions that break these full circle moments to provide solutions that are just and lasting?

Same, same, but different

2016 Goldfinch AnnaAnna Goldfinch

I find that whenever I go somewhere new I play the “same, same, but different” game. I think it is human nature to try to find similarities between new places and home, but we are also quick to spot differences. My first few weeks in Colorado have not been an exception to this human quirk. Everywhere I go, I find myself relating it back to home in some way, while finding strange but subtle differences. For example, all the amenities in kitchens here are obviously the same as at home, except for the fact that all sinks have garburators (which are banned in most Canadian cities). My roommate makes fun of me for how afraid I am to turn it on.

Where I’m from, there are lots of mountains just like there are here in Colorado. However, the mountains at home are little, rolling and green; the tail end of the Appalachians. Here, we are at the height of the Rockies in all their glory; towering and jagged. While I’ve done quite a bit of hiking on the east coast, nothing could have prepared me for the outdoors culture of Colorado. I spend at least one day per weekend scampering up mountainsides, cursing the altitude, and marvelling the views.

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Kitchens and mountains aren’t the only place where things are same, same, but different. Having worked at a student-run not-for-profit organization for two years, working at One Earth Future (OEF) has a comfortable familiarity about it. I am, once again, surrounded by passionate and incredibly intelligent people, working for a cause they believe in. One Earth Future has similar successes and growing pains that most not-for-profits have. In a lot of ways working here is very “same same” as my previous job.

However, the organization I previously worked for was structured much like a union; we recognized that students could not accomplish much individually, but collectively they could advocate for a better world and create change. One Earth Future is the complete opposite. The organization was born out of one family’s generosity and vision for world peace. This is the greatest difference I have noticed so far.

One Earth Future’s unique structure speaks to the reality of a large portion of international human rights work. With a lack of global governance, individual actors who care about specific problems try to make a difference in whatever way they can. The founders of One Earth Future saw maritime piracy as an issue that was receiving little attention, and focused their resources there as a result.

In my first few weeks here, I spent a lot of time thinking about this dynamic. I wondered what the state of maritime piracy would be like if One Earth Future had not chosen to focus its resources in that direction. Would piracy off the coast of Somalia have decreased in the same way as it has under the watch of OEF? I also wondered about all the other important causes that don’t get attention from international human rights organizations. I worry about the “too small” issues, and the “too political” issues. Who is caring about them?

I haven’t stopped worrying and I haven’t stopped wondering about this, but I have forged ahead with my work on piracy. I don’t expect these questions to ever go away. In fact, I expect any time I work in international human rights I will ask similar questions, just maybe about a different topic. Same, same, but different.

 

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