Human trafficking, piracy and maritime terrorism
Address by Justice and Law Reforms Minister
Milinda Moragoda, at the 48th Annual Session of the Asian-African Legal
Consultative Organization at Putrajaya, Malaysia on the August 18.
The Asian-African Legal Consultative Organization, which emerged from
its origins as a “Committee” of legal experts always had its roots in
the reality of international politics. For well over half a century, it
has provided an increasing membership with both information and analysis
of important legal issues confronting Asian and African States. The
Secretary-General and Staff of this institution, from its inception
under the guidance of B. Sen, have performed admirably the complex task
of advising the great majority of its membership that are developing
countries, while taking due account of the fact that some of its members
are among the more economically advanced, and others are gradually
emerging to claim that distinction.
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Justice and
Law Reforms Minister Milinda Moragoda |
This has been achieved by presenting the facts, while ensuring that,
to the extent opinions are expressed, they are well researched and
scrupulously fair. In this way, all our Members have gained from
association with this institution. One may only recall the Committee’s
valuable work in preparing Members for the great global conferences such
as those that dealt with the Law of Treaties, the Law of the Sea, and
legal issues associated with protection and preservation of the
environment and biodiversity, as well as with the status and rights of
refugees and internally displaced persons.
Continuing this great tradition, the Organization now focuses on
trafficking in people, a problem of high priority for us in Asia; and on
post-1982 issues of the Law of the Sea. On the latter subject, special
meetings to be held at this session will seek from our Members
constructive proposals on dealing with a problem that was, in a sense,
created by the 1982 Convention.
Traditional terms
When the Convention was negotiated between 1973 and 1982, piracy was
no longer considered a serious threat, and so was provided for in the
very traditional terms of the High Seas Convention of 1958, as an
offence that was, in essence, robbery with violence taking place in the
open sea. When those provisions were first written, the “open sea” began
just three miles from the coast. But then the 1982 Convention gave every
coastal State forms of jurisdiction over vast areas of what had been
formerly “the open sea”. The result was, first, that the “open sea” in
which all States had been traditionally entitled to act against pirates,
came to be limited; and second, that pirates could seek sanctuary by
simply crossing a maritime boundary into the jurisdiction of any State
other than that of the pursuing vessel, causing the latter to move
cautiously, and less effectively in pursuit.
Another aspect of the problem, is that piracy today is no longer as
contemplated by the 1982 Convention, an act of violence carried out only
for private gain: it is now more often motivated by disruptive political
aims as well. Sri Lanka has, in recent years, been gravely troubled by
attacks of the latter kind perpetrated by a terrorist group. I take this
opportunity to express my Government’s gratitude to all those States in
our region, whose full co-operation has enabled us to terminate and
banish that scourge forever.
Defensive capability
Sri Lanka will endeavour to contribute to the discussion of ways and
means of securing the co-operation necessary to facilitate the
apprehension and punishment of pirates, and keep our vital sea lanes
free of the modern threat of maritime terrorism. Sri Lanka, and other
developing countries in our region moreover provide the crews of ships
now at risk from these new forms of terrorism, and need to equip
themselves with both the necessary legislation and defensive capability
for that purpose.
My Government is currently engaged in organizing an international
seminar on the subject of maritime terrorism. Having noted the plans of
our Secretary-General for new initiatives to develop this Organization’s
advisory and co-ordinating role, my Government would be ready to assist
him in that important endeavour.
The Asian-African Legal Consultative Organization has, since its
inception, devoted its energies to the study of issues of international
law, and typically to those issues under study by the International Law
Commission. Before concluding my statement, I would like to invite your
attention to an important set of legal issues that has been under study
by an independent commission established under the auspices of the
United Nations.
I would like to propose that our Organization request its Secretariat
to examine and advise us concerning a somewhat different set of legal
issues that must surely be of importance to us all.
I refer to the issues dealt with in the Report of the Commission on
Legal Empowerment of the Poor. That Commission, co-chaired by Madeleine
Albright, and by the Peruvian economist, Hernando De Soto who pioneered
the work, focused for the first time on the links between social
exclusion, poverty and the law.
The Report, published last year, tries to demonstrate how the law can
be made to work for everyone in society. Having had the honour of
participating as a member of the Commission, and convinced of the
relevance of its work to all our Member States, I recommend the Report
for study by our Organization. |