Participants at the meeting
The University of Ghana School of Law (UGSoL) under the Ocean Governance, Research and Development Project has conducted a round table discussion on aligning the definition of maritime piracy under Ghanaian law within the United Nations Convention on the Law of the Sea (UNCLOS), 1982.
Speaking at the event, the chairman for the discussion, Vice Admiral Issah Yakubu, mentioned that the definitions of maritime piracy under UNCLOS are not semantics but rather authority.
He stressed that the law defines “who may act where and with what mandate at sea”.
He said, “They determine whether a criminal is punished or escape justice, in short, the precision of our law determines the effectiveness of our security.”
He added that the real problem lies with Ghana, as the country has not yet enacted specific legislation criminalising piracy as defined under the UNCLOS, 1982, stating that the Criminal and Other Offences Act (Act 29, 1960) addresses armed robbery at sea, “which is within our territorial waters thus 12 nautical miles but does not extend to offences committed beyond 12 nautical miles in the Exclusive Economic Zone (EEZ) or on the high seas where the UNCLOS definition of piracy applies.”
He emphasised that the legal gap leaves Ghana unable to prosecute piracy properly in line with international standards.
He said, “I recall a real incident when Ghana Navy patrol vessel intercepted armed men attacking a tanker some 25 nautical miles off Tema. The attackers were subdued, the crew rescued. Yet when it came to prosecution, our legal basis was unclear. The act occurred outside territorial waters, and while UNCLOS clearly defines it as piracy, Ghanaian law did not.”
He disclosed that other neighbouring countries have enacted their laws in adherence with the resolution.
Vice Admiral Issah expressed excitement as progress is being made through the draft Maritime and Related Offences Bill, which seeks to criminalise piracy and other serious maritime offences in accordance with UNCLOS and related conventions such as the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, commonly known as the SUA Convention, adding that once the bill is passed, the navy, marine police and prosecutors will have the legal clarity and jurisdictional reach needed to act decisively whether an incident occurs within or beyond our territorial waters.
In an interview with the Project Coordinator for Ocean Governance Project, Dr. Godwin Djokoto mentioned that the definitions of piracy in the Ghanaian law is limited to the territorial waters, which is not the current definition of piracy.
He added that prosecution cannot be done in the country, which is a challenge, stating that the UNCLOS was signed about 40 years ago.
He stressed that much attention has not been given to the ocean, even though it covers about 70% of the earth, adding that ignoring security at sea has consequences on trade.
By Florence Asamoah Adom