As the UN continues to debate the piracy issue, the Security Council was told that there have been 139 piracy related incidents with the pirates succeeding in commandeering 30 ships of which 17 are still held along with 450 crew members. The 139 incidents occurred in the past seven months.
Commending the efforts undertaken so far to combat piracy off the coast of Somalia, Secretary-General Ban Ki-moon stressed that more can be done, as the Security Council debated legal options to help bring the perpetrators of such crimes to justice.
“Over the past three years, the international community has made concerted efforts to combat the problem, including by establishing a Contact Group and deploying significant naval assets to the region,” he told the Security Council as it met to discuss the issue.
“Nonetheless, we can do more,” he added. “In particular, we need to implement the existing legal regime, so the fight against piracy in international waters is effective.
In a report released last week, Mr. Ban identified seven options for furthering the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea, which has been a growing problem in recent years.
The first option presented in the report is to enhance ongoing efforts to assist regional States to prosecute and imprison those responsible for acts of piracy and armed robbery at sea.
The second would involve locating a Somali court, applying Somali law, in a third State in the region.
The third and fourth options would involve assisting a regional State or States to establish special chambers, embedded in the State’s national court structure, to conduct piracy trials.
Option five would require active engagement by the States of the region and the African Union to establish a regional tribunal to address the scourge of piracy.
Option six would be an international tribunal – analogous to existing “hybrid” tribunals – with national participation by a State in the region.
Option seven would be a full international tribunal, established by the Security Council acting under Chapter VII of the Charter.
“We will need both to establish the mechanism and ensure that it has the capacity and resources to prosecute a large number of suspects, while ensuring due process,” he stated. “Furthermore, in considering the establishment of such a mechanism, a host State will need to be identified.
“This, in turn, will require adequate arrangements for transferring those convicted to third States for their imprisonment. This is particularly relevant given the large number of suspects apprehended at sea.”
To further explore these issues, the Secretary-General announced that he intends to appoint a Special Adviser on Legal Issues Related to Piracy off the Coast of Somalia.
SHIPTALK:
A GLOSSARY OF SHIPPING AND MARITIME TERMS
UNSEAWORTHINESS – The state or condition of a vessel when it is not in a proper state of maintenance, or if the loading equipment or crew, or in any other respect is not ready to encounter the ordinary perils of sea.
TERRITORIAL WATERS – That portion of the sea up to a limited instance which is immediately adjacent to the shores of any country and over which the sovereignty and exclusive jurisdiction of that country extend. South Africa’s territorial waters extend for 200 n.miles, offshore.
STOWAGE – The placing of goods in a ship in such a way as to ensure the safety and stability of the ship not only on a sea or ocean passage but also while in port when parts of the cargo have been loaded or discharged.
STARBOARD – The right-hand side of a ship when facing the front or forward end. The starboard side of a ship during darkness is indicated by a green light.
STERN – The bow or rear of the ship; an upright post or bar of the bow of a vessel.
STERNWAY – The reverse movement of a vessel.
PILOTAGE – The act carried out by a pilot of assisting the master of a ship in navigation when entering or leaving a port. It is sometimes used to define the fee payable for the services of a pilot.
NATIONAL FLAG – The flag carried by a ship to show her nationality.
LOOKOUT – A member of the crew stationed on the forecastle, bridge, or in the case of sailing vessels, the crow’s nest at the top of one of the main masts. His duty it is to watch for any dangerous objects or for any other vessels approaching
LIGHTERING – Conveying cargo with another vessel known as a lighter from ship to shore, or vice versa.
INCOTERMS – Incoterms are a set of uniform rules codifying he interpretation of trade terms defining the rights and obligations of both buyer and seller in an international transaction. The terms recognised by Incoterms 1990 are: EXW – ex works (named place); FCA – Free Carrier (named place); FAS – Free alongside Ship (named port of shipment); FOB – Free on Board (named port of shipment); CFR – Cost & Freight (named port of destination); CIF – Cost, Insurance and Freight (named port of destination); CPT – Carriage Paid To (named point of destination); CIP – Carriage & Insurance Paid To (named point of destination); DAF – Delivered at Frontier (named point); DES – Delivered ex Ship (named port of destination); DEQ – Delivered ex Quay (duty paid) (named port of destination); DDU – Delivered Duty Unpaid (named point); DDP – Delivered Duty Paid (named point).
….And 81 Filipinos Still Held By Somali Pirates
A total of 81 Filipino seafarers are still being held by pirates in the east African state of Somalia and “negotiations for their release continue,” according to the Philippine Department of Foreign Affairs.
Foreign Affairs Undersecretary for Migrant Workers Affairs Esteban Conejos assured the Philippine Daily Inquirer the foreign office has been addressing the problem.
Foreign Affairs Secretary Alberto Romulo earlier said the DFA was coordinating with “concerned foreign countries” for the safe release of the Filipino hostages.
“We continue to work with our friends in the international community, as well as those who are patrolling the waters,” Romulo also said.
DFA spokesman J. Eduardo Malaya earlier said in a statement the foreign office has been “coordinating with (the MT Motivator’s) principals and the naval authorities in the region on measures to ensure the safety and security of the Filipino seafarers.”
The DFA “continues to provide assistance to our seafarers held captive by Somali pirates through domestic and multilateral channels,” said DFA spokesman J. Eduardo Malaya.
Malaya said it was “against government policy to negotiate directly with the pirates.”
Aside from ensuring the hostages get paid despite their ordeal, DFA personnel “also meet regularly with the seafarers’ families to update them on the condition of the captives,” Malaya told the Philippine Daily Inquirer.
On August 25, Carlos Sorreta, the Philippines’ deputy permanent representative to the United Nations, called anew for “greater global cooperation in the fight against piracy.”
Sorreta told a meeting of the 15-member UN Security Council “to fight piracy, we believe that broader cooperation is key.”
“Piracy is a grave threat to international security and we join others in citing the importance of addressing its root causes through a comprehensive approach,” he said, noting the Philippine government was “grateful to the many countries involved and committed to this task,” he told council members.
The five permanent council members are the US, Russia, France, China, and the United Kingdom.
The body also groups the following UN member-countries: Austria, Japan, Mexico, Turkey, Uganda, Bosnia and Herzegovina, Brazil, Gabon, Lebanon, and Nigeria.
At the same time, Sorreta emphasized “beyond ships and cargoes, there is the crew.”
According to Sorreta, “the security, protection and welfare of Filipino seafarers have always been the primary concerns of the Philippine government, concerns which I am sure are shared by others with nationals serving on these ships.”
To date, nearly 500 Filipino crew members of at least 46 foreign-flagged ships have been seized by Somali pirates, he disclosed.
“Many suffer prolonged captivity, some as long as 10 months (including some of the 81 seafarers who are still being held by the pirates). It is a testimony to their courage, clear thinking and fortitude that they survive. It is a tribute to their resilience and that of their families that many are able to return to the sea,” he said.
Sorreta added they were praying for the safe release of the 81 Filipinos and hoping that “our actions today will somehow help lead to their freedom and to preventing others from suffering the same fate.”
The latest hostage-taking incident took place sometime in early July when a group of Somali pirates seized the chemical tanker MT Motivator, whose crew included 18 Filipinos.
The Marshall Islands-flagged vessel was hijacked off the Bab-Al Mandeb Strait, located between the Arabian Peninsula and the Horn of Africa.
The 63 other Filipino hostages are crew members of the following vessels: three from the Taiwanese fishing vessel Tai Yuan; 19 from MV Samho Dream; one from MV Iceberg; 19 from MV Eleni P; and 21 from MV Voc Daisy.
Early this month, the European Union Naval Force foiled an attack by Somali pirates on a Norwegian-flagged ship with 29 Filipino seamen.
The chemical tanker MT Bow Saga was attacked by seven Somali pirates in the early morning of Aug. 3 while it was sailing on the UN-recommended transit corridor in the Gulf of Aden, said a report to the DFA by the manning agency ODF JELL Philippines, Inc.
“The ship’s captain sent out a distress call and a nearby EUNF vessel, the Spanish frigate SPS Victoria, promptly responded. The pirates tried to flee, but the frigate gave chase and after warning shorts were fired, the skiff stopped. Weapons were recovered from the pirates,” the report said.
It added, “none of the Bow Saga crew was injured. The ship only suffered superficial damages and was able to continue its journey (to an undisclosed port of all) after the attack.”
Filipinos comprise about 30 percent of the world’s 1.2 million-plus seafarers.
During the first nine months of 2009 alone, Filipino sailors reportedly remitted around $2.5 billion to their families in the Philippines.
The UN International Maritime Organization has dedicated 2010 to seamen worldwide for their “exceptional role and contribution” to the maritime industry.
WEEKLY PIRACY REPORT
01.09.2010:
0100 LT: Posn: 03:14.3N – 105:19.6E, Off Pulau Mangkai, South China Sea.
Six pirates armed with guns, knives and steel rods boarded a tanker underway. They entered the bridge and took hostage three crew members and tied up their hands. The pirates also took hostage master when he opened his cabin door. Pirates stole ships cash, crew and ship’s properties before escaping.
31.08.2010:
0300 LT: Posn: 03:13S – 116:23E: Tanjung Pemancingan anchorage, Indonesia.
While at anchor, alarm for forecastle watertight doors was activated indicating that they had been opened. Investigation carried out revealed forecastle store door was broke open and ships stores and properties stolen. The whole incident was unnoticed.
31.08.2010:
0110 UTC: Posn: 05:52.4S – 013:01.9E, Boma anchorage, Democratic Republic of Congo.
Three robbers armed with knives boarded a product tanker at anchor. They stole ships stores and escaped.
30.08.2010:
2330 LT: Posn: 03:03.8N – 105:21.6E, 12 nm NW of Pulau Mangkai (Indonesia), South China Sea.
Six pirates armed with guns and long knives boarded a tanker underway. They entered the bridge and took the D/O and A/B hostage. One pirate remained on the bridge to guard the D/O. The others took the A/B to the captain’s cabin and stole ships cash and other items. The pirates also ransacked the C/E cabin. The deck anti piracy crew noticed the pirate’s craft and raised the alarm. All crew mustered with anti-piracy weapons. The pirates took hostage the C/E as hostage, tied him at the guardrail and escaped.
30.08.2010:
0254 LT: Posn: 02:59.7N – 105:12.2E: Off Mangkai Island, South China Sea.
Six pirates armed with long knives boarded a bulk carrier underway. They took hostage bridge duty crew and went to master’s cabin and damaged the cabin door. Master raised alarm and all crew mustered and approached the master’s cabin. Pirates stole ship’s properties and escaped.
28.08.2010:
0800 UTC: Posn: 13:31.9N – 049:58.2E, Gulf of Aden.
Eight pirates armed with automatic guns in a high speed boat chased a cement carrier underway with intent to hijack. Master raised alarm, activated SSAS, increased speed, took evasive manoeuvres, contacted warship for assistance and activated fire hoses. The pirates fired at the bridge from a distance of 200 metres. Master continued with the evasive manoeuvres until the pirates aborted the attack. An aircraft and a helicopter searched the area. No injuries to crew.
Again, Stakeholders Knock MASECA Bill
The Maritime Security Agency (MASECA) bill which recently scaled through the House of Representatives and billed for hearing at the Senate has received yet another knock as stakeholders in the maritime sector last week argued that should the bill be passed into law, it will create nothing, but confusion.
The bill is among those that were recently forwarded to the upper chambers for consideration and is also reported to be among those on the front burners as soon as the law makers resume seating in few weeks time.
But stakeholders who converged in Lagos last week at a one day seminar on ‘’the implication of the proposed maritime security agency law for the maritime industry’’ put together by the Maritime Reporters Congress of Nigeria (MARCON) stressed that the bill has the potential of causing clashes between the already existing government agencies in the maritime sector.
Leading the pack of opposition is the special guest of honor at the seminar, the Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA) Mr. Temi Omatseye who was represented by the Executive Director of Maritime Safety and Shipping Development of NIMASA, Mr. Ishaku Shekarau who pointed out that the bill “will create a reporting conflict as IMO that superintends the implementation of the code amongst other member states does not recognize structures outside its institutions which NIMASA represent in Nigeria” .
Speaking further, Omatseye said: “it is practically impossible to carry out maritime security functions independent of flag, coastal and port state activities, these functions are interwoven and inherently require system process and procedural protocols as a separate security agency will add to the already bogus size of agencies already operating within our maritime industry”.
The chairman of forum and Registrar of the Certified Institute of Shipping (CIS) Dr. Alex Okwuashi also pointed out that the Merchant Shipping Act which establishes NIMASA and other international conventions has delegated all maritime security functions which the MASECA bill seeks to perform to NIMASA.
According to him “if you set another agency to midwife the issue of maritime security, it will be counter productive because we are going to see the conflict that will emanate later, except the proponents of this bill are telling us that when the bill is passed, the agency that will run it will be a department of NIMASA”.
And while welcoming guests to the event, the president of MARCON, Mr. Valentine Ekwomadu cautioned that “we must tread carefully as we examine the necessity of the bill in the works because bills by their very nature are easily adjusted to meet the wishes of the people when so expressed in the law making process, but when bills pass through the legislative theatre and transmutes into law, they disrespect the human person for laws must be interpreted exactly the way they are enacted”.
Also adding weight to the opposition are the trawler owners under the aegis of the Nigerian Trawler Owners Associations (NITOA) who in recent time have become the focus of most sea robbery attacks on the Nigerian waters especially along the Que Iboe axis of Calabar Cross River state as well as other parts of the country, resulting in killing of pilots and theft of huge sums of money.
But while speaking, the president of NITOA Mrs. Margaret Orakwusi argued against the creation of another agency , saying that “the setting up of another maritime security agency will be too cumbersome for the maritime sector, too many cooks they say spoil the broth, the proliferation of agencies in the sector will lead to confusion and the space will be choked up as each agency struggles for relevance and to outsmart the other” she noted.
Orakwusi however suggested that to boost security on the Nigerian waters, a dedicated special armed force known as coast guard should be established to monitor the waters, even as she canvassed that security agencies should be given the financial platform to enable them carry out their duties.
Turkey Signs Ship Recycling Convention
Turkey, one of the five major ship recycling nations in the world, has signed, subject to ratification, the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009….
….The Hong Kong Convention, adopted at a diplomatic conference in May
2009, is aimed at ensuring that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risk to human health and safety or to the environment.
The Convention has been open for signature by any State from 1 September 2009 and will remain so until 31 August 2010. Thereafter, it shall be open for accession by any State. It will enter into force 24 months after the date on which 15 States, representing 40% of world merchant shipping by gross tonnage, have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the IMO Secretary General. The combined maximum annual ship recycling volume of those States must, during the preceding 10 years, constitute not less than 3% of their combined merchant shipping tonnage.
The Convention addresses all major issues surrounding ship recycling, including the fact that ships sold for scrapping may contain environmentally hazardous substances such as asbestos, heavy metals,
hydrocarbons, ozone-depleting substances and others. It also addresses concerns raised about the working and environmental conditions at many of the world’s ship recycling locations.
Regulations in the Convention cover the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships; the operation of ship recycling facilities in a safe and environmentally sound manner; and the establishment of an appropriate
enforcement mechanism for ship recycling, incorporating certification and
reporting requirements.
The text of the ship recycling Convention was developed over a three year period, with input from IMO Member States and relevant non-governmental organizations, and in co-operation with the International Labour Organization and the Parties to the Basel Convention.
To date, the Convention has been signed, subject to ratification or acceptance, by France, Italy, the Netherlands, Saint Kitts and Nevis and
Turkey.
EU Introduces Advance Manifest Rule
The European customs advanced manifest rule will be enforced from December 31, 2010 and apply to all 27 European Union (EU) member states.
The primary purpose of this regulation is to ensure security risk assessment is performed before goods arrive in the EU.
In case of non-compliance, the most serious consequence would be halting of loading or unloading and the consequent disruption of cargo flows and supply chains. Furthermore, customs authorities will impose fines or other penalties on the carriers and other parties responsible for the submission of cargo declarations.
For all cargo entering the EU, shipping lines must submit an entry summary declaration (ENS) to the first port of call in the EU, at least 24 hours before cargo is loaded onto the vessel bound for the EU, at the non-EU port of loading.
Intertanko Applauds US Plea Bargaining To Send Somali Pirates To Jail
London, 31 August – Independent tanker owners’ association Intertanko has applauded the result of a plea bargaining agreement in the US whereby a Somali national, who a few weeks ago escaped trial when a US federal judge threw out a case accusing him and five colleagues of piracy, has pleaded guilty to piracy-related acts and will receive a significant prison sentence.
Jama Idle Ibrahim, who took part 10 April in an attack on a US Navy vessel, USS ASHLAND in the Gulf of Aden after mistaking it for a merchant ship, has pleaded guilty to piracy-related acts including attacking to plunder a vessel, engaging in an act of violence against people on a vessel, and the use a firearm during a crime of violence. The more serious charge of piracy was dismissed a few weeks ago by a federal judge because the group did not rob, board or take control of the USS Ashland but only attempted to do so.
Under a plea bargaining agreement, the man is likely to receive a 30-year prison sentence, according to the US Attorney’s Office.
“This decision sends a clear warning to those involved in attacks on merchant ships in the Gulf of Aden, that such illegal behaviour will not be tolerated,” states Intertanko. “It may also encourage naval vessels to arrest pirates caught red-handed rather than letting them go because of difficulties in obtaining prosecutions under national and state jurisdiction.”
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