Somalia’s New Anti-Piracy Bill: What It Means and Why It Matters

A joint civil society analysis

On 10 November 2025, Somalia’s House of the People of the federal parliament approved a revised Anti-Piracy and Anti-Kidnapping Law during its third reading. A total of 140 Members of Parliament voted in favor of the bill, which updates a law originally enacted in 1975. This development marks an important legal step for Somalia at a time when maritime insecurity, illegal fishing, and transnational crime remain serious national concerns.

While the passage of this bill is positive, legislation alone does not guarantee results. The real question is not only what the bill says, but how it will be implemented once it is signed by the assent of the President and enters into force.

Why Somalia Needed a New Anti-Piracy Law

Somalia has one of the longest coastlines in Africa and lies along major international shipping routes. For many years, the country has suffered from piracy, illegal foreign fishing, smuggling, and other maritime crimes. These activities have damaged the national economy, reduced government revenue, and harmed coastal communities that depend on fishing and maritime trade.

The previous Anti-Piracy Law of 1975 was written in a very different era. It existed before state collapse, before modern maritime crime networks, and before Somalia’s current international obligations. Over time, the law became outdated and no longer matched today’s security realities.

As a result, Somalia struggled to protect its territorial waters or hold offenders accountable. The revised bill aims to correct this by providing clearer legal tools to address present-day maritime challenges.

Aligning Somali Law with International Practice

Somalia is a signatory to international maritime agreements including the Maritime Labour Convention (MLC, 2006), International Convention for the Safety of Life at Sea (SOLAS), International Convention for the Prevention of Pollution from Ships (MARPOL), and UNCLOS that give it the right and responsibility to protect its waters and combat piracy. However, for many years, weak domestic laws and institutions limited Somalia’s ability to act on these responsibilities.

The revised Anti-Piracy Law brings Somali legislation closer to international standards by clarifying definitions, expanding jurisdiction, and modernizing legal procedures. It clearly explains what constitutes piracy, kidnapping, and related crimes, and outlines how these offenses should be investigated and prosecuted.

This alignment strengthens Somalia’s position when working with regional and international partners. Clear laws make cooperation easier, improve trust, and support the handover and prosecution of suspects within Somalia’s legal system.

Key Improvements in the Revised Law

The updated law introduces several important changes that improve clarity and enforcement:

1. Clear definitions: The law now clearly defines piracy, kidnapping, and maritime crimes, including those who organize, assist, or facilitate such acts.
2. Expanded scope: It explicitly includes illegal foreign fishing, ship hijacking, hostage-taking, and violent robbery at sea.
3. Stronger penalties: Depending on the seriousness of the crime, punishments range from 5 to 20 years in prison.
4. Improved legal procedures: The law follows Somalia’s criminal procedures to ensure fair investigations, trials, and protection of legal rights.

These changes strengthen the legal framework and send a message that maritime crimes are serious offenses under Somali law.

Joint Concern on Implementation After Presidential Assent

Together, Mohamed Aded Ali and Hussein Mohamed Iyaye raise serious concerns about how this law will be implemented after it is signed by the President. While passing the bill into law is an important achievement, implementation remains the most difficult stage.

They question whether Somalia currently has the institutional capacity, financial resources, and human capital needed to enforce the law effectively. Maritime security requires significant investment in patrols, surveillance, investigations, prosecutions, and detention facilities. At present, resource mobilization remains a major challenge.

There are also concerns about the availability of trained personnel, including maritime police, coast guard units, security forces, prosecutors, judges, and technical experts. Without sufficient training, coordination, and equipment, enforcement will be weak.

In addition, Somalia faces broader challenges such as limited maritime infrastructure, weak coordination between institutions, and competing national priorities. These factors may make implementation slow and uneven.

Mohamed and Hussein stress that without addressing these challenges, the law risks remaining strong on paper but weak in practice.

From Law to Practice

The revised Anti-Piracy and Anti-Kidnapping Law provide a stronger legal foundation, but laws alone cannot eliminate maritime crime. Effective enforcement depends on political will, institutional coordination, and sustained investment.

To succeed, Somalia must strengthen maritime security institutions, improve cooperation between agencies, invest in human capital, and engage coastal communities who are often the first affected by maritime crime.

Looking Ahead

The passage of this law marks a meaningful step toward improving maritime governance and protecting Somalia’s waters and resources. It modernizes outdated legislation and aligns national law with international standards.

However, this reform should be seen as a starting point, not a final solution. Its success will depend on how seriously implementation challenges are addressed after presidential assent. With strong commitment, investment, and continued public oversight, Somalia can move closer to safer seas and stronger state institutions.

Conclusion

In conclusion, the revised Anti-Piracy and Anti-Kidnapping Law is an important legal step for Somalia. It shows Parliament’s commitment to addressing maritime crime and protecting national waters. However, passing the law is only the beginning. Real success will depend on how the law is implemented after presidential assent.

To make this law effective, Somalia must invest in capacity-building, strengthen coordination among institutions, and mobilize the necessary financial and human resources. Only through practical action, sustained commitment, and public oversight can this law move from paper to real impact.