Three Filipino seafarers received a combined total of more than P10 million (USD$224,000) in disability benefits after the Department of Labor and Employment (DOLE) settled their maritime disputes at three ship manning companies: Bahia Shipping Services, Ventis Maritime Corporation and Phoenix Maritime Corporation.
According to DOLE news, 4th engineer Froilan S Vallano, oiler/fitter Rufino Boco Jr and Remo Jungco Jr were able to claim disability benefits with the assistance of the National Conciliation and Mediation Board (NCMB).
The settlement of Vallana and Boco’s claims was facilitated by NCMB-National Capital Region (NCR) conciliator-mediator Angelita Narvaez, while Jungco’s was facilitated by NCMB-NCR conciliator-mediator Jay Jasper Javines
Vallano suffered a multiple ribs fracture and eye hemorrhage on August 26, 2009, resulting in his repatriation and hospital confinement in the Philippines. He was employed on board MS Braeman, through Bahia Shipping Services Inc on behalf of Fred Olson Cruise Lines Ltd, for nine months.
Vallano filed with the NCMB-NCR a notice to arbitrate his claim for full disability benefits on February 12, 2010. The claim is in accordance with the collective bargaining agreement (CBA), illness allowances and reimbursement of medical expenses.
After a series of conciliation-mediation, the parties mutually agreed to the payment of US$95,000.00 on January 7, 2011, representing the full and complete payment of Vallano’s claim.
Meanwhile, Boco suffered an injury on March 1, 2010 while on board MV Triton Highway, resulting in his repatriation and hospital confinement. He had been employed through Ventis Maritime Corporation.
He filed a notice with NCMB-NCR to arbitrate his claim for full disability benefits on January 3, 2011. The initial conciliation-mediation meeting was held January 4, and the parties mutually agreed to the payment of P4,273,300.00 as full and complete settlement of Boco’s claims.
Finally, the dispute at Phoenix Maritime Corporation was settled on December 22, 2010 after the company and Good Hope Management Inc paid $55,000.00 or P2,388,540.00 in disability benefits to seaman Jungco through their legal counsel.
The seaman suffered an injury resulting in disability while on board MV Iris Sky. He was discharged and repatriated on March 6, 2010. Through his legal counsel, Jungco filed with NCMB-NCR a notice to arbitrate his claim for disability benefits in accordance with CBA on October 18, 2010
Study Confirms 780 Pirates Held in 13 Countries
According to a UN study that calls for stepped- up security and a pirate court, there are around 780 pirates currently being held in 13 countries.
The report by former French minister Jack Lang suggests establishing a court under Somali jurisdiction but based in a foreign country in order to address the phenomenon, which has grown in recent years.
It said the international naval force in the Indian Ocean should patrol closer to the pirates’ coastal hideouts and that economic incentives should be offered to Somali youth to dissuade them from joining the buccaneers.
Somali pirates have captured nearly 2,000 people and been paid ransoms of up to $9.5 million for seized tankers since 2008. As of December 31, 612 people and 26 ships were still being held, according to UN figures.
“The battle is being won by the pirates,” Lang told reporters.
“They are going further out into the Indian Ocean and with more high-tech equipment to help them.”
The pirates are even taking counterfeit bank note detectors out to sea to check ransoms, the report said.
Lang’s report, to be debated by the UN Security Council on Tuesday, said pirate raids are now costing at least $7 billion a year, a sum that includes the military force, lost merchandise, ransom fees and higher insurance.
“If the international community does not act with extreme urgency, the pirate economy off the coast of Somalia will continue to prosper until it reaches the point of no return,” the report said.
Dozens of warships from the European Union, the United States, Russia, China, Saudi Arabia, Japan, South Korea and other countries patrol the Indian Ocean shipping lanes off Somalia. Even Iran takes part.
Some 780 pirates are currently being held in 13 countries, but nine out of 10 pirates caught at sea by the international fleet are freed almost straight away because there is nowhere to try them.
Five Somali pirates captured during a dramatic raid by South Korean commandos on a hijacked ship last week should face trial in South Korea, Seoul’s defence ministry said Tuesday.
“The basic stance of our government is that they must be punished here,” spokesman Kim Min-Seok said.
The navy commandos on Friday stormed the Samho Jewelry, a 11,500-ton freighter hijacked on January 15 in the Arabian Sea, and rescued all 21 crew members.
Eight pirates were killed and five seized. None of the crew were hurt apart from the skipper, who suffered a gunshot wound to his stomach from a pirate’s bullet.
Defence Minister Kim Kwan-Jin said Monday that the captured pirates should be tried in South Korea.
Seven Somali pirates captured by Malaysian forces in a raid to free a hijacked oil tanker in the Gulf could face prosecution in the Southeast Asian nation, authorities said Tuesday.
Defence Minister Zahid Hamidi said the pirates were being held on board the rescued Malaysian tanker MT Bunga Laurel along with its crew of 23.
“Immediately upon arrival, they will be handed over to the Royal Malaysian Police for further action,” he was quoted as saying by Bernama.
Lang said all countries should adopt legislation so they can handle pirates who have committed acts outside their territory, in addition to establishing the extra-territorial Somali court.
Tanzania has indicated it would be ready to accept such a court, Lang’s entourage said. It could perhaps use the same facilities as the UN-backed international court on Rwanda, which sits in Arusha.
A similar system was used for the trial of the Libyan bombers of the Pan-Am jet blown up over the Scottish town of Lockerbie in 1988. Under a deal with Libya, the Scottish court sat in the Netherlands.
Lang’s report said the cost of the court, new prisons and other measures to strengthen Somalia’s judicial system would be about 25 million dollars, a tiny fraction of today’s piracy losses.
Puntland and Somaliland, the two regions in lawless Somalia where most pirates are based, would need major economic aid to encourage young people not to join what Lang called the pirate “mafia.”
The report said the international flotilla should operate “as close as possible” to the Somali coast in order to intercept the pirates’ mother ships, which can only dock in a few known ports to get supplies.
SHIP TALK: A GLOSSARY OF SHIPPING AND MARITIME TERMS
Apron: The area immediately in front of or behind a wharf shed on which cargo is lifted. On the "front apron," cargo is unloaded from or loaded onto a ship. Behind the shed, cargo moves over the "rear apron" into and out of railroad cars.
Berth: (verb) To bring a ship to a berth. (noun) The wharf space at which a ship docks. A wharf may have two or three berths, depending on the length of incoming ships.
Consolidator: The person or firm that consolidates (combines) cargo from a number of shippers into a container that will deliver the goods to several buyers.
Customs broker: This person prepares the needed documentation for importing goods (just as a freight forwarder does for exports). The broker is licensed by the Treasury Department to clear goods through U.S. Customs. Performs duties related to documentation, cargo clearance, coordination of inland and ocean transportation, dockside inspection of cargo, etc. (Also known as a customhouse broker.)
Deadhead: When a truck returning from a delivery has no return freight on the back haul, it is said to be in deadhead.
Deck barge: Transports heavy or oversize cargoes mounted to its top deck instead of inside a hold. Machinery, appliances, project cargoes and even recreational vehicles move on deck barges.
Pilot: A licensed navigational guide with thorough knowledge of a particular section of a waterway whose occupation is to steep ships along a coast or into and out of a harbor. Local pilots board the ship to advise the captain and navigator of local navigation conditions (difficult currents; hidden wrecks, etc.).
Quay: A wharf, which parallels the waterline.
Rubber-Tired Gantry (RTG): Traveling crane used for the movement and positioning of containers in a container field. RTG’s may also be used for loading and unloading containers from rail cars.
Sheddage: Regardless of the length of stay, a vessel is charged a one-time fee for use of shed space and/or marginal (waterside) rail track space. The charge is based on the length of a vessel.
Tugboat: Strong v-hull shaped boat used for maneuvering ships into and out of port and to carry supplies. A ship is too powerful to pull up to the wharf on its own. It cuts power and lets the tug nudge it in. Generally barges are pushed by towboats, not tugs.
Wharf: The place at which ships tie up to unload and load cargo. The wharf typically has front and rear loading docks (aprons), a transit shed, open (unshedded) storage areas, truck bays, and rail tracks.
Wharfage fee: A charge assessed by a pier or wharf owner for handling incoming or outgoing cargo.
NIMASA To Collaborate With US Anti-Terrorism Team
The Nigerian Maritime Administration and Safety Agency (NIMASA) and the United States Bureau of Diplomatic Security Anti-Terrorism Assessment Team have strengthened their agreement to curtail Terrorism and related activities on Nigerian Coasts.
At a meeting held at the NIMASA Corporate Headquarters in Lagos last week, the African regional head of the US team, Tony Elonzalez identified the areas of US assistance to include Crisis Management in the waters and the ports coast guard working and training management causes.
The Director-General of NIMASA, Mr Ziakede Akpobolokemi, in his welcome address expressed appreciation to the United States Government’s initiative as a further demonstration of the consistent commitment of the US towards the enhancement of security and eradication of terrorism in Nigeria in particular and the global environment at large.
The DG also recapped on the past successes of the collaborative effort as in the 2009 Maritime Interdiction of Terrorism course and other Marine Safety and Security exercises that were carried out by the United Coast Guard Cutter “Mohawk”, under the US Naval Forces Africa of 2010 in Lagos.
The on-going effort according to Mr Akpobolokemi is hoped “to culminate in major strides towards the protection of Nigerian Maritime assets from water borne threats and would significantly update our insight into terrorist operations and how to guard against them”.
In his response, US African Regional Team leader Tony Elonzalez acknowledge that Terrorism is not located in any one jurisdiction but can only be tackled by cooperation and developing relationships. This he stressed was the reason behind for the US initiative. Other delicate areas of the cooperation such as protection against explosions by dangerous chemicals were also discussed.
Other members of the US six (6) member team were: Donald Heaky, Robert Keith, John Shea, Carolyne Reck and George U. Anyim (Secretary Officer).
Meanwhile, talks between the two bodies are supposed to continue with attention to a lot of technical details.
The Executive Director (F&A) of NIMASA, Mr Adeniran Aderogba, who represented his colleague Mr Ibrahim Shekarau of the Maritime Safety, reiterated noted the onerous responsibilities of NIMASA to provide coastal security and the great fortune to have the US Bureau facility as a boost to ensure the Agency’s constraints in the areas of inadequate platforms for full patrol and piracy interdiction on Nigerian waters.
WEEKLY PIRACY REPORT
23.01.2011: 0320 LT: Conakry anchorage, Guinea.
Four robbers armed with knives boarded a container ship at anchor. Duty AB noticed the robbers, informed bridge thru vhf radio and took shelter from the pirates. D/O raised alarm and crew mustered. Upon hearing the alarm, the robbers jumped overboard and escaped with a drum of oil. Port control informed.
24.01.2011: 0300 LT: Posn: 10:42N – 109:44E, South China Sea.
Duty officer onboard a product tanker underway spotted a suspicious vessel approaching from the stbd bow on a collision course. The vessel adjusted her course to maintain a collision course as the tanker altered courses. The suspicious vessel directed her search light towards the main deck area, ship’s name and accommodation of the tanker. Master altered course, increased speed and took evasive manoeuvres. The suspicious vessel followed the tanker for 30 minutes and later lost contact on the radar.
26.01.2011: 0630 UTC: Posn: 11:14N – 062:50E around 490 nm east of Socotra island, (Off Somalia).
Pirates in two skiffs chased and fired upon a general cargo ship underway. Master took evasive manoeuvres. The onboard security team and the pirates exchanged fire for around 15 minutes before the pirates aborted the attack.
Merchant Navy Institute Fights Back, Says Closure of School, Arrest Is Unlawful
About two weeks after the Nigerian NVAY swooped on its premises and arrested its top officials, the Nigerian Merchant Navy (NMN) has denied the report that its Merchant Navy Maritime Academy was fake, saying there are moves to disrupt its effort to develop the nation’s maritime sector to international standard.
Its Director of Communication, Lt. Sunday Adelani is a statement, described the recent arrest of the NMN Commandant-General, Commodore Aderemi Olatinwo, as unlawful and calculated attempt to sabotage the body’s commitment to the maritime industry’s development.
Policemen had last week arrested Olatinwo and three other senior officers of the NMN for allegedly running a fake maritime academy.
The academy, which had been operated in Iperu, was reportedly being moved to the coastal town of Iwopin in Ogun Waterside Local Government Area of Ogun State.
But Adelani maintained that the Merchant Navy Maritime Academy remained a legal and duly registered institute.
He said apart from being recognized by the National Assembly, the NMN had trained its first set of cadets who are now abroad for their mandatory courses.
He wondered how an institution that had interacted with the National Assembly on different occasions and sponsored a bill before the federal lawmakers could be accused of operating illegal academy.
He said” “Describing Nigerian Merchant Navy illegal is an act to sabotage the move to develop the nation maritime industry, as we have Merchant Navy in all maritime countries like Ghana, United Kingdom , America and host of others. It is only in Nigeria that Merchant Navy is relegated to the background.
“The Nigerian Merchant Navy which was described as illegal has bill before the National Assembly. The Coast Guard Station Bill, if passed, will provide adequate security on the nation’s waterways, and all the security agencies will be accommodated in that operation.
“We have been invited to the National Assembly on several occasions as regards to this bill. The Committee on Marine Transport in the House of Representatives had invited us for a meeting on two different occasions. The chairman of the committee, Hon. Ifeanyi Ugwuanyi chairs the meeting, while the secretary of the committee, Mohammed Sadiq was there. And in one of these meetings, the then- Director General of NIMASA, Barrister Omatseye was invited. If we are illegal, I think the then- NIMASA boss would have handed over us to the police.”
He disclosed that the first set of cadets of the NMN academy had been sent to Warsash Maritime Academy, Southampton in the United Kingdom for their mandatory courses.
Adelani explained that the NMN established the Merchant Navy Maritime Academy in line with the Federal Government policy to reduce number of unemployed youths on the streets.
“There is a law promulgated during the eight years of Chief Olusegun Obasanjo called cabotage law. This law implies that any ship that is going to ply our waterways must be designed, constructed and manned by Nigerians but where there are no trained Nigerians to do these, foreigners are permitted to do it, they will just pay waiver grant to the Federal Government till we will have Nigerians that can do it,” he said.
“There are vacancies on our waterways and Nigerians are jobless because they do not have the required knowledge. That is why Nigerian Merchant Navy established Merchant Navy Maritime Academy in line with Federal Government policy to reduce number of unemployed youths on the streets. It is act of disservice to this nation for somebody to call Nigerian Merchant Navy and Merchant Navy Maritime Academy fake.”
He added that the nation’s Minister for Interior, Capt. Emmanuel Ihenacho, “is a captain from Nigerian Merchant Navy formation, and he was the class mate of Commodore Olatinwo in the academy. So it is wrong to say Nigerian Merchant Navy is fake.”
Owners of MV Hoang Son Sun Paid US$5 Million Ransom
The owners of a seized Vietnamese cargo vessel estimated that pirates will demand US$5 million for the release of the ship and its crew.
Last week, the seamen were captured by Somali pirates.
The estimated ransom does not include brokerage fees, Hoang Son, vice director of Hoang Son Co. Ltd., said after a meeting with a British company which specializes in maritime hostage negotiation.
Son said the ship was insured against hijackers by the Vietnam Bank of Agriculture and Rural Development in cases, but the policy does not cover people and cargo.
The Hoang Son Sun was carrying 21,000 tons of iron ore when it was attacked about 520 nautical miles South-East of Muscat, Oman on January 17.
“If pirates ask for such huge ransom, there’s no way the company can afford it,” Son said. “We need the support of the state and our insurer.”
That same day, the Hai Phong shipping firm announced that they had received a fax from the ship’s captian assuring them of the crew’s safety.
On January 18 the crew had sent a fax, informing the owners of the attack and asking for help, the company said.
They believe that the faxes were sent when the pirates were off-guard. The company was yet to contact the crew directly.
In the meantime, Nguyen Duy Thien, the Vietnamese ambassador to Tanzania and its neighboring countries, said he is working with the Somali embassy in Tanzania to secure the government’s cooperation in recovering the ship.
Nguyen Manh Dung, the Vietnamese ambassador to Belgium, Luxembourg and the European Union, said he has also contacted European marine security agencies for help in acquiring more information and tracking the ship.
In an email sent Sunday, Paddy O’Kennedy, representative of the European Union Naval Force (EUNAVFOR), said that, so far, they haven’t received any further information about the Hoang Son Sun.
Chief of UN Anti-Piracy Task Force Due In Philippines To Discuss Country’s Seafarers
The chief of the multi-national anti-piracy task force is coming to Manila this week to brief Philippine officials on the status of 119 Filipino sailors being held hostage off Somalia and offer best management practices to shipowners to thwart attacks by armed brigands in the open sea.
Combined Maritime Forces (CMF) Chief of Staff Captain Chris Chambers will deliver a presentation on the piracy situation and the CMF’s anti-piracy operations in the Gulf of Aden and the Somali Basin on January 24 at the Department of Foreign Affairs (DFA).
Expected to attend are representatives from shipping companies, seafarers and manning agencies, concerned government agencies, and other stakeholders in the maritime industry.
“Chambers’ visit aims to update the maritime industry and key government stakeholders of the anti-piracy activities in the Somali Basin and the Gulf of Aden, as well as highlight the need to train seafarers and remind shipowners on…pre-emptive measure to repel piracy attacks,” a Foreign Affairs statement said.
Chambers will discuss the CMF’s security operations and command, the operations of the Combined Task Force (CTF) 151, and its counter-piracy campaign plan. The CMF is stationed in Manama, Bahrain.
Established in January 2009, the multinational CTF 151 is conducting counter-piracy operations under a mission-based mandate throughout the CMF area of responsibility to actively deter, disrupt, and suppress piracy to protect global maritime security, and secure freedom of navigation for the benefit of all nations.
It was set up in response to piracy attacks in shipping lanes off the coast of Somalia. It operates in the Gulf of Aden and off the eastern coast of Somalia covering an area of approximately 1.1 million square miles.
Chambers will also update the participants on piracy activities in the Gulf of Aden and the Somali Basin, as well as the presence of counter-piracy forces in the area. He will also share maritime industry best management practices and the CMF’s plans and future operations.
Problems in protecting PHL seafarers
Philippine officials have been in a dilemma on how to provide protection to the seafarers due to the rapid mobility of the seamen and the government’s inability to track their destination.
Currently, there are 119 seafarers aboard 11 vessels in captivity by Somali pirates.
A ban proposed by the Manila has met strong opposition from local seafarers’ groups, saying this policy would cost them their jobs and force shipping companies to turn to other nations for manpower.
The Philippines is the world’s leading supplier of ship crew with over 350,000 sailors, or about a fifth of the world’s seafarers, manning oil tankers, luxury liners and passenger vessels worldwide, exposing them to piracy attacks.
As a policy, the Philippine government does not negotiate with nor pay ransom to kidnappers, but gives ship owners the free hand in negotiating for the release of abducted Filipino sailors.
During his visit to Manila, Chambers will also pay courtesy calls on Foreign Affairs Secretary Alberto Romulo, Philippine Navy Flag Officer in Command Rear Admiral Alexander Pama and Philippine Coast Guard Commandant Admiral Wilfredo Tamayo.
Injured Seafarer Casualty Evacuated Off Ship Near Cape Town
An injured Korean seaman has been successfully evacuated off a ship at sea off Cape Town by members of the National Sea Rescue Institute (NSRI).
Paula Leech, NSRI Table Bay station commander, reports:
“At 11h37 (on Sunday, 23 January) NSRI Table Bay volunteers and Metro EMS rescue paramedics were activated by the Transnet National Ports Authority to carry out the medical evacuation (to hospital) of a 25 year old Korean sailor from the car carrier MORNING COMPOSER 12 nautical miles North West of Table Bay’s port.
“The sailor had reportedly fallen approximately 2 stories on the ship yesterday sustaining head and chest injuries while en-route from Lagos to Durban.
“NSRI Table Bay launched our rescue craft Spirit of Vodacom, accompanied by Metro EMS rescue paramedics, and on arrival on-scene, in calm seas, a Metro EMS rescue paramedic and an NSRI volunteer were put aboard the ship and the patient was secured onto a spinal board and a stokes basket stretcher, and the patient was transferred onto our sea rescue craft and brought into port where he has been transported to hospital by a Metro EMS ambulance in a stable condition.
“It is not known to the NSRI what caused the sailor to fall.”
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