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Session 5-1
Japan-India Dialogue on Ocean Security
Prof. Hajime HIROSE
Emeritus Professor of Japan Coast Guard Academy
Professor of Kure University
Proposals for Ocean Security
1 Preface
This dialogue is to examine and study the fundamental attitude towards securing and protecting the security of the Sea Lines of Communication (hereinafter referred to as SLOC), which originally covered not only the issue of security but also that of safety, for the sea area extended from Japan located in the Far East to India located in South Asia. Japan and India are geographically divided by the Malacca Strait. The close involvement of Singapore and Malaysia in the transit through Malacca Strait has made the transit a complicated issue and as such can be a subject for study. There have already been lots of studies as well as legal and conventional frameworks, and I will not go into their detailed arguments. What I would like to do is to study the maritime security between Japan and India as a whole.
Japan's oil route passes through the Indian Ocean immediately after it leaves the Mid-East. Maritime security for the Indian Ocean is secured by India, which is a great power in South Asia, though I don't know much about the complicated sea power situations in the Indian Ocean and unable to give any detailed information. According to Japan-India Dialogue on Ocean Security Prof. Hajime HIROSE Emeritus professor of Japan Coast Guard Academy Professor of Kure University "Emerging Power" by STEPHEN P. Cohe, the trade volume between Japan and India, which accounts for 5.3% of all foreign trade in India, is tending to increase gradually. For your information, India's trade with the US accounts for 14.54%, and that is the largest proportion. Therefore, this fact alone can make the secure of safety in SLOC an extremely important issue. I presume that after 1945, India has contacted China, Myanmar, Tibet, Bangladesh and other countries concerning each issue. And the actual threats to India seem to come from its sealines. It seems to be a matter of course for India to turn her eyes toward sea and recognize its importance. By the way, I recall that I ever referred much to 'Maritime Flag and International Law' written by Nagendra Singh in 1977 when I studied 'the flag'. India is also an ocean state.
According to a document titled "Indian Coast Guard", after the enactment of the Maritime Zone of India Act which was adopted on August 25, 1976, India claimed exclusive rights over living resources and non- living resources, then the decision to establish the Coast Guard in 1977 was made, and the Indian Coast Guard was established as an independent armed force of the Union under the Coast Guard Act adopted in the congress on September 19, 1978. The motto of the Indian Coast Guard is "We Protect", while Japan Coast Guard's motto is "Humanity and Justice", for USCG, it is "Always Ready" and for Malaysia "Guard Protect Safe". The mottos for the coast guard agencies must reflect their distinctive characteristics. According to the explanation of the background of the establishment of Indian Coast Guard, it was established to protect national interests in the area under the jurisdiction of India. Article 14 of the Indian Coast Guard Law stipulates its duties and functions. And the explanation of the article states "The duties and functions of the Indian Coast Guard are clear, specific futuristic in an evolving maritime scenario. They are flexible and at the same time bounded within. They are specified in Section 14 of the "Coast Guard Act" that specifies about "safety and protection of offshore installation and artificial island", "providing protection to the fishermen including assistance to them at sea while in distress", "preservation and protection of marine environment", "prevention and control of marine pollution", "assisting customs and other authorities in anti-smuggling operations", "enforcement of maritime laws", "safety of life and property at sea" and "search and rescue".
It can be said that the duties and responsibilities stipulated in Indian Coast Guard Law are the same as Japan Coast Guard Law. The public order in Indian Ocean has been maintained by Indian Sea Power.
In all cases, SLOC between Japan and India means life or death. It is also a big concern for the safety of Japan's oil route, especially the route in South Asian area. It is natural for Japan to consider the responsibility divided roughly for the two lanes, which are from the Indian Ocean to Malacca and from the Malacca to Japan. This establishment of the cooperative relationship with India is not to make light of the cooperative relationship with other nations such as North-East Asian and South-East Asian countries and Australia etc, I will come to that point later on. The cooperation with the above mentioned countries is important as a cog and so it is in the maritime security system of SLOC from India to Japan as a relevant cog. And it is a matter of course to establish cooperation within coast guard agencies of the countries located between Japan and India. It is important to recognize that the cooperation within the framework in peacetime is absolutely necessary and indispensable.
2 The exchange between Japan and India in the field of maritime safety
Over the last several years, exchanges between Japan and India in the field of maritime safety have been deepened drastically. In the chapter titled "To cope with the globalizing work needs", as "Establishment of collaboration/cooperation partnership with coast guard agencies in Indian Ocean area", it states "To date, Japan Coast Guard has made efforts to reinforce the collaboration and cooperation with coast guard agencies in especially Asia-Pacific region. However, maritime crimes such as piracy cases etc. have occurred frequently in the Indian Ocean, where maritime transport route from mid-East is located. Therefore to ensure safety in that region is also a critical issue for my country. Under such awareness, with Bangladesh, India, Pakistan and Sri Lanka, Japan Coast Guard held the Indian Ocean Region Coast Guards practicality meeting in Tokyo in December 2001, aiming at the maintenance of safety and public order in the Indian Ocean region and Asia/Pacific region by developing international cooperation partnership among coast guard agencies in those regions."
Thus, the provision of a chance to us by the issue of piracy to exchange with India has become a fact. I presume that notably the seizure of Alondra Rainbow by Indian Coast Guard has effected on that fact. The Alondra Rainbow incident happened on October 22 in 1999, she was attacked by pirates immediately after departing a port in Sumatra Island, Indonesia. All crews were rescued by a Thai fishing boat on November 11. And on November 14, Indian Coast Guard found a vessel likely to be the Alondra Rainbow offshore India at about 270 miles west from Goa. Indian Coast Guard gave orders to stop engine and fired warning shots. After that, the vessel was seized and 15 suspected persons were all arrested, and the vessel arrived at Mumbai port. The Alondra Rainbow was 7762 gross tonnage and loaded with about 7000 tons of aluminum ingots at the time. The vessel was Panamanian flagged but Japanese FOC vessel and operated by a Japanese company. The master and chief engineer of the vessel were Japanese and the rest of the crews were Filipino. It is reported that some of the cargo were found in Manila. The mane of the vessel had been changed to "MEGARAMA". And it is reported that Mumbai District Court in India sentenced the pirates to seven years in prison on February 25 in 2000. With the incident as a turning point, Japan Coast Guard has reinforced the closer collaboration, such as being the host for the International Conference on Anti-piracy on April 2000, with the agencies in countries concerned.
Japan Coast Guard has been strengthening mutual cooperation and collaboration with countries concerned for long time based on the "Asia Anti-piracy Challenge 2000". However, the partnership with India has been in place for a much longer period. For instance:
・The goodwill visit to Indian Coast Guard in Madras (Chennai) in 1987 by the patrol vessel "CHIKUZEN".
・The goodwill visit to Indian Coast Guard in Madras in 1989 by the geographic survey vessel "TSUSHIMA".
・Alondra Rainbow incident in October, 1999.
・The visit to Chennai to attend an Anti-piracy joint exercise with Indian Coast Guard by the patrol vessel "SHIKISHIMA" and simultaneously, Mr. Arai, the ex-Commandant of Japan Coast Guard visited Chennai and had a talk with Vice Admiral John De Silva, the Director-General of Indian Coast Guard and they agreed on periodical exchanges by both agencies.
During his talk with Vice Admiral Silva, Mr. Arai said: "This exercise is not an exercise between Navies but a cooperation for 'Friendship for Safer Ocean', and this is the motto for this exercise. For that reason, it may be possible to consider exercises in the fields of search and rescue and oil combating in the future." And furthermore, "In the case of Navies, they look at each other as enemies, on the contrary, it is possible for coast guard agencies to cooperate with each other for common objectives." And he closed his speech by saying "It is important for both coast guards to continue the joint exercise annually. It can send clear messages to pirates and leads to the cooperation in many fields between both countries and both nationals. Pirates must look at our activities".
In May 2001, Indians Coast Guard's patrol vessel "Sangram" visited Japan and attended the Japan Coast Guard's Sea Review and participated in the joint exercise with the 10th regional Headquarters located in Kagoshima prefecture. And Vice Admiral Silva visited Japan and attended the joint exercise to inspect it in Kagoshima and had a talk with Japan Coast Guard's Commandant. In his address during the talk, JCG Commandant said "Although the form of piracy etc. is changing, I would like to cooperate closely." Vice Admiral Silva said in his address "I would like to continue to strengthen cooperative partnership and exchange with securing precious lives and properties as the objective." Then Japan asked for concrete cooperation between Navy and Coast Guard in India because Japan Coast Guard has cooperated with Japan Maritime Self-Defense Force. He explained "Navy as well as Coast Guard are in action at sea. Indian Coast Guard will not do what Navy does. However, Navy and Coast Guard can use installations in common. Communication between Navy and Coast Guard is relevant, in this case, it is easy for us to communicate with each other because our training body has something in common and joint exercises for wartime have been carried out".
The patrol vessel "YASHIMA" paid a goodwill visit to Chennai and the joint search and rescue exercise was carried out with Indian Coast Guard in November 2002.
Indian Coast Guard's patrol vessel "Sangram" visited Japan and participated in joint exercises such as search and rescue exercise and anti-piracy exercise with patrol vessels and craft belonging to the 5th Regional Headquarters. At the same time, Vice Admiral Metta, the Director-General of Indian Coast Guard, held talks with Commandant of Japan Coast Guard, and paid a courtesy call to the Minister of Land, Infrastructure and Transport. He also inspected the joint exercise held in 5th Region and visited Japan Coast Guard Academy together with Vice Commandant for Operation of Japan Coast Guard. In the address by the Minister of Land, Infrastructure and Transport, he mentioned "it is important for both Japan Coast Guard and Indian Coast Guard to collaborate with each other for the maintenance of sea use safely and orderly. And I feel reassured that the cooperation between both Japanese and Indian coast guard agencies has further strengthened by having joint exercises and periodical talks between commandant and director-general." I would like to cite the article from the Coast Guard News about this event since it is brand new.
The joint exercises of search and rescue and anti-piracy were carried out by JCG 5th Region Headquarters and Indian Coast Guard in Oosaka Bay off shore Kobe in the morning on September 18. Eight patrol vessels such as "SETTSU" (Kobe) and "SHIMANTO" (Kochi) and its two helicopters of JCG, and patrol vessel "SANGRAM" and its helicopter of Indian Coast Guard have participated in the exercises. The assumption was that an undergoing cruise ship was attacked and set fire by pirates, then one crew and one passenger were dropped into the water when they were evacuating, and eventually the pirates fled by a ship . The exercises stated from the information transmission to the 5th Regional Headquarters from Sangram, which received the distress call of the fire on board and piracy attack. The communication system between both patrol vessels was established, and patrol vessels and helicopters of respective countries carried out joint search operation after searching area was set. "KAIRYU" and "SANGRAM" sprayed water on the burning cruise ship named "SHIMANTO" set on fire by pirates. Helicopters of both "SANGRAM" and "SETTSU" rescued two people dropped into the water. In Anti-piracy exercise, "MURODUKI", "KOMAKAZE" and "KIKUKAZE" pursued fleeing suspected vessel carrying the pirates. The suspected vessel slowed down due to the downwash control done by the helicopter of "SANGRAM". "MURODUKI" shot in self-defense the suspected vessel on board which pirates had fired rifles toward the helicopter. Therefore, "KOMAKAZE" and "KIKUKAZE" shouldered the stopped suspected vessel, and dispatched Special Security Team and two pirates had become under their control. The situation of the exercises was taken a video by a helicopter from YAO Air Station and the video was transmitted to the Headquarters and 5th Regional Headquarters by using the Satellite Video Transmission System. After the exercises, Director-General of the 5th Regional
Headquarters, who was also the on-scene commander in the exercises, commented "The exercises successfully end under the sufficient skills of both agencies without having any difficulties in language". The Vice Commandant for Operation, who reviewed the exercises, mentioned "Our close partnership between both agencies has started due to the arrest of the pirates by Indian Coast Guard in the incident of piracy attack against Japanese related vessel. The both agencies could have shown fully their skills cultivated. I would like to develop multilateral cooperation including South-East Asian nations". Then ICG Director-General Metta has shown his desire for cooperation in Anti-piracy by saying 'The exercises are effective for protecting safety of navigation. Joint exercise in the area off shore India is planned in next year. I would like to make it the joint exercise with many participants from many countries".
3 Anti-piracy countermeasures centering upon Japan
First of all, I would like to introduce the timeline for anti-piracy countermeasures from the point of view of Japan.
3.1 Preparatory Meeting for International Conference on Anti-piracy (Singapore)
With the hijack incident of "Alondra Rainbow" occurred in October 1999 as a trigger, there was a growing tendency for the people concerned to discuss piracy issue, which had become a more serious problem for international maritime shipping industry.
At the ASEAN Summit held in November 1999, the late Mr. Obuchi, ex-Prime Minister, proposed that an International Conference on Anti-piracy be held to discuss information exchange, reinforcement of control by respective countries, mutual cooperation/collaboration with the presence of representatives from coast guard agencies in Asian countries.
For this reason, "International Conference on Anti-piracy" was scheduled at the end of April in 2000 in Tokyo mainly by Japan Coast Guard. Prior to the conference, the preparatory meeting was held on March 7-9 in Singapore. Representatives, from ASEAN and mainly coast guard agencies in 13 countries in East Asia such as Cambodia, China, Hong Kong, India, Indonesia, South Korea, Malaysia, Myanmar, Philippines, Singapore, Vietnam and Japan, have attended the preparatory meeting, which was supported by Nippon Foundation and was hosted by Japan Coast Guard.
In the meeting, Japan Coast Guard, which was the host of the meeting, explained "Because there were many piracy cases considered to involve international syndicates, the reinforcement of the international cooperation among coast guard agencies is indispensable for eradication of piracy incidents", followed by Mr. Terashima, executive director of Nippon Foundation supporting the meeting, emphasizing "The cooperative relationship among respective countries in South-East Asian region will be the key for the success of anti-piracy countermeasures in the future.
In the meeting, which lasted for 3 days, country reports of piracy and armed robbery and countermeasures for them by respective countries were delivered, and the establishment of cooperative relationship, such as information exchange, reinforcement of control, mutual collaboration/cooperation and holding periodical expert meetings among respective coast guard agencies, was discussed.
The participants in the meeting shared the view that reinforcement of control against piracy incidents was indispensable, and decided that respective agencies concerned practically, mutually and promptly collaborate and cooperate and made out "The contact list for information of piracy and armed robbery"
In the first day of the meeting, lots of Japanese, local and international media collected news materials and the meeting was reported to the public by TV news and news papers, which showed strong Singaporean awareness against piracy.
3.2 International Conference on Anti-piracy (Tokyo)
International Conference on Anti-piracy was held in Tokyo on April 28-29, 2000. In this conference, the countermeasures, which were discussed in the preparatory meeting in Singapore on March 7-9, were finalized, and 'Tokyo Appeal", "Asia Anti-Piracy Challenges 2000" and "Model Action Plan" were adopted as outcomes of a series of meetings by 16 countries and regions.
In "Asia Anti-piracy Challenge 2000", Japan Coast Guard has expressed its consideration such as the establishment of contact window for exchange of piracy information, the international collaboration/cooperation in control and search and rescue, acceptance of foreign cadets to Japan Coast Guard Academy and etc. for cultivation of human resources, holding seminars on maritime crimes control, and assistance in maintenance of equipment. Moreover, the mutual consent was made by the conference to tackle suppression of crimes with the united efforts of governments and people among Asian countries to ensure the safety of navigation and crew of a ship.
3.3 "Anti-piracy measures research mission"
Japan Coast Guard has dispatched "Anti-piracy measures research mission" to South-East Asian countries aiming at the meeting for promotion of collaboration/cooperation and taking shape of other assisting measures based on "Asia Anti-piracy Challenge 2000" adopted by "International Conference on Anti-piracy" held in Tokyo in April 2000.
The mission visited Philippines, Malaysia, Singapore and Indonesia on September 19-26 in 2000, and Japan Coast Guard showed its positive attitude to tackle piracy issues in Asia, and to strengthen further the collaboration/cooperation with countries concerned.
3.4 Anti-pfracy Joint Exercises
In November 2000, Japan Coast Guard carried out Anti-piracy collaboration/cooperation Joint Exercises with Indian Coast Guard and Malaysian Maritime Police based on "Asia Anti-piracy Challenge 2000" adopted by "International Conference on Antipiracy" held in Tokyo in April 2000. Although Japan Coast Guard had carried out joint exercises with Philippines, Indonesia and South Korea etc in oil spill combating and search and rescue, it was the first time for Japan Coast Guard to carry out exercise in cooperation with other countries in anti-plracy. This first joint exercise in responding to special security incidents in a foreign country was quite a successful event.
The successful exercise led Japan Coast Guard to dispatch its patrol vessels and air craft periodically to promote communication as well as the awareness of collaboration and positive attitude towards anti-piracy among the personnel of respective organizations. Following that first exercise, Japan Coast Guard has carried out joint exercises with coast guard agencies in India, Malaysia, Philippines and Thailand. The summaries of the results are as follows:
3.4.1 Indian Coast Guard
Commandant for Japan Coast Guard and Director-General for Indian Coast Guard held talks in Delhi, India in November 2000, and the Anti-piracy Joint Exercise was carried out by patrol vessels of both coast guards off Chennai. In this exercise, Japan Coast Guard's patrol vessel named "SHIKISHIMA" and its two helicopters from Japan side and two patrol ships and a helicopter from India side were present. And the missions, aiming at pursuit of suspicious ship, arrest of perpetrators and rescue of crews, were done under an assumption that a Japanese flagged merchant ship sailing at Bengal Bay was assaulted and hijacked by pirates. The point of this exercise was to exact transfer of information avoiding information jam, and to take unified actions by patrol vessels of both countries. In their talks, the Commandant of Japan Coast Guard and Director-General of Indian Coast Guard agreed that collaboration/cooperation should be positively promoted to ensure safety of ocean in Asian region.
3.4.2 Malaysia Maritime Police
After the joint exercise with Indian Coat Guard off Chennai, Japan Coast Guard's patrol vessel named "SHIKISHIMA" called at Port Chelan, Malaysia and carried out the first large-scale Joint Exercise for Anti-piracy at off shore the port.
Four patrol ships, two air craft, anti-terrorist special squad (SMART) and about 200 personnel participated in the exercise. Establishment of communication between both patrol vessels and air craft, repelling down from helicopter to both patrol vessels, and control of pirates by special squad, etc. were carried out during this exercise. This joint exercise was carried out concurrently with the "Anti-piracy Expert Meeting" held in Kuala Lumpur, Malaysia. Representatives from the coast guards from South-East Asian countries, high-level officials from Malaysian Government and the press observed this exercise.
Japan Coast Guard cooperated closely with Malaysian special squad in its actions of pursuit and arrest and communicated with patrol vessels of both countries. This exercise is the second one for Japan Coast Guard following the joint exercise with India.
3.4.3 Philippine Coast Guard
Two- helicopter-type patrol vessel "MIZUHO" and its two helicopters, and three Philippine Coast Guard patrol ships and a Philippine helicopter participated in a joint exercise at off Manila Port on October 31, 2001. The focus of this exercise was on measures for search and rescue of victims, pursuit and arrest of the piracy boat, and board and inspection by officials taken in cooperation/collaboration of both coast guards under the assumption that a Japanese concerned vessel has got damage by pirates.
In Philippines, due to the higher awareness of anti-piracy as a result of "Alondra Rainbow" and "Inabukwa" accidents, this joint exercise was considered to be practical and positive.
3.4.4 Thai Marine Police and Port Authority
Japan Coast Guard dispatched one-helicopter-type patrol vessel "RYUKYU" to Thailand and carried out joint exercise for anti-piracy with Thai Marine Police and Port Authority. A total of 8 ships and 2 helicopters, including three Thai Maritime Police's patrol ships, a Royal Thai Police's helicopter, two Thai Authority's patrol boats and Japan Coast Guard's patrol vessel "RYUKYU" and its helicopter and guard and rescue boat, and a chartered cargo ship as a victim of a piracy case were present at the exercise.
The exercise was carried out under an assumption that a cargo ship named "HARIN" sailing on the high sea off Thai coast was attacked by pirates, then Thai Marine Police Emergency Center received alert signal of attack, the Center transferred the information to Thai organization concerned and Japan Coast Guard, after that, Japan Coast Guard dispatched patrol vessel "RYUKYU", and rescued six crews from the cargo ship and its rescue boat in cooperation with Marine Police and Port Authority. The exercise, though the first time for participants, proceeded smoothly because coordinator officials had been mutually dispatched to the three organizations. Thailand is highly concerned with anti-piracy and thinks highly of Japan's positive attitude toward anti-piracy countermeasures made by Japan so far. It is believed that Thailand will take further positive actions against pirates.
3.5 Acceptance of foreign cadets to Japan Coast Guard Academy
Based on "Asia Anti-piracy Challenge 2000" adopted by "International Conference on Anti-piracy" held in Tokyo in April 2000, Japan Coast Guard made the decision that Japan Coast Guard Academy, which educates future executives for Japan Coast Guard, would accept personnel as foreign cadets from the coast guards of South-East Asian countries,.
This programme started since April 2001 aiming at reinforcement of coast guard systems in South-East Asian countries by giving highly professional expertise and skills related to maritime safety operations to the personnel of maritime safety organizations in such countries.
Additionally, I would like to say something about the collaboration between Japan Coast Guard and Philippine Coast Guard.
Philippine Coast Guard, which is independent from Navy and a subordinate to the Ministry of Transport and Communication, is in charge of maintaining public order at sea in the Philippines. However due to a lack of basic curricula and equipment for training and education, PCG has found it difficult to foster its human resources. Therefore, Japan Coast Guard launched the "Project of cultivation of human resources for Philippine Coast Guard" by "Project-type Technical Cooperation", which is one of the activities of JICA (Japan International Cooperation Agency). Under the project, Japan Coast Guard has dispatched its 3 persons as long-term experts to the Philippines since July 2002. Their technical contributions have helped PCG to improve its training course, develop curricula, maintain equipment for training and education and strengthen lecturers in the fields of "training and education", " maritime environment protection and oil combating", "search and rescue and safety of navigation" and "law enforcement" at the Training Center as a base. As a part of the project, Japan Coast Guard accepted 4 personnel from Philippine Coast Guard for study in September 2002, and Japan Coast Guard dispatched its personnel to the Philippines to transfer search and rescue techniques and held a seminar on education and training and etc. in January and February 2003.
In this education and training seminar entitled "JICA-PCG SEMINAR on International Trend for Maritime Law Enforcement System and International Trend for Maritime Navigation Safety System", I have been given an opportunity to give a lecture titled "Seminar on Transition of the World Situation over the Ocean and the Role of Coast Guard and Personnel Education and Training". Furthermore, in the "Seminar on Japan Coast Guard" hosted by Malaysian Government, at Penang Island, Malaysia on July 9-10 in 2003, I have given a lecture titled "Fundamental Law and Regulation of the Coast Guard regarding its Missions and Responsibilities". Actually, this manuscript also includes some of the drafts for both seminars.
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