An international tribunal set up by the Security Council under Chapter VII of the United Nations Charter authorizing the use of force is among several options to prosecute pirates operating off the Somali coast, as laid out by Secretary-General Ban Ki-moon in a new report that has been made public.
Piracy attacks have escalated worldwide in recent years owing almost entirely to increasing numbers of incidents off of the coast of Somalia since the overthrow of Siad Barre’s regime in 1991, he wrote.
In 2008, 111 vessels were attacked, and that number nearly doubled to 217 in 2009. “Bearing in mind that each incident involves a number of individuals, it is clear that there are large numbers of persons involved,” the Secretary-General said in the report, which will be discussed by the Council today (Wednesday).
Although the number of incidents continues to be high, increased naval patrols off the Horn of Africa and in the Gulf of Aden have helped reduce the success rate of these attacks.
In spite of this positive development, as of May, 450 people continue to be held hostage on ships captured by pirates off the Somali coast.
One of the seven options put forward by Mr Ban in the new report – enhancing UN assistance to bolster regional States’ capacities to prosecute and imprison those behind acts of piracy and armed robbery at sea – has already been going forward.
In June, Kenya opened a new high-security courtroom, built by the UN Office on Drugs and Crime (UNODC), in the port town of Mombasa, which is intended to increase trial efficiency in the system and provide a secure, modern environment suitable for piracy cases.
Other options listed in the new report include creating a Somali court in the territory of another State in the region and setting up an international tribunal agreed upon by regional country and the UN.
The Secretary-General stressed that arrangements for imprisonment are just as important as the prosecution of pirates, given the large numbers of suspects apprehended by countries’ navies.
Acknowledging the difficult current economic climate, he underlined the need for political and financial commitment from the international community to not only create a new judicial body, but also to sustain it.
“A new judicial mechanism to address piracy and armed robbery at sea off the coast of Somalia would be addressing a different situation to that addressed by the existing United Nations and United Nations-assisted tribunals,” Mr Ban pointed out. “Such a mechanism would face ongoing criminal activity and potentially a large caseload, with no predictable completion date.”
SHIPTALK:
A GLOSSARY OF SHIPPING AND MARITIME TERMS
ASTERN – Behind or a backward direction in the line of a vessel’s fore and aft line. When a vessel moves backwards it is said to move astern; opposite to ahead.
AUTOMATIC PILOT – An instrument that controls automatically a vessel’s steering gear to enable her to follow a pre-determined track through the water.
BOATSWAIN (BOSUN) – The highest unlicensed rating on the ship with charge of all deck hands and who in turn comes under the direct orders of the master or chief mate or mate.
CONSIGNEE – The person to whom cargo is consigned as stated on the bills of lading.
CONSIGNOR – The person named in the bill of lading as the one from whom the goods have been received for shipment.
CUBIC CAPACITY – The most important commercial measurement when the intrinsic weight of the cargo is so low that the ship becomes full without being loaded to the cargo line. It is expressed in cubic metres or cubic feet.
DAVITS – Two radial cranes on a ship which hold the lifeboats, which are used to lower and lift lifeboats.
DERRICK – A type of crane found on merchant ships, the name is believed to have been the name of a London hangman named Derrick of the 17th century.
DUNNAGE – A term applied to loose wood or other material used in a ship’s hold for the protection of cargo.
FIREMAN – an unlicensed member of the engine, room staff whose duties consist in standing watch in the boiler room and insuring the oil burning equipment is working properly.
FREEBOARD – The distance between the statutory deck line and the waterline.
GANGWAY – a narrow portable platform used as a passage, by persons entering or leaving a vessel moored alongside a pier or quay.
Report Raise Faults Drinking, Smoking Habits Of Sailors
The Japanese Journal of Marine Medicine reports about a survey conducted on the life-style of seafarers in relation to smoking habits and drinking habits.
The survey found that about 60% of seamen in passenger ships have regular drinking tendencies and 56.8% smoke. Likewise, rating members under age 44 smoke more heavily than other age groups and males had a higher tendency to be smokers.
Another report finds that Danish seafarers, especially men, face an increased overall cancer risk, in particular a risk for lung cancer and other tobacco associated cancers. One more report confirms that female seafarers adopt the high risk lifestyle of male seafarers.
C&K attempts to justify smoking and drinking among seafarers, hence the following reasons:
*Relieves stress – The job of a seafarer is tough and as a means of relieving stress, prefers to smoke and drink.
*Increases concentration – To remain safe at sea, a seafarer has to concentrate at his work and he believes smoking increases his concentration in his work.
*Helps to remain awake during night watches – Smoking helps to remain awake.
*Overcomes loneliness – A seafarer most of the time remain away from his family. Seafarer smokes and drinks to overcome loneliness.
*Keeps them warm – At sea during winter, smoking and drinking help to remain warm.
*Projects a macho image – Seafarer thinks smoking and drinking gives strength, confidence and boldness.
*Helps to remain active – Seafarer finds smoking and drinking act as stimulus to remain active.
*Helps to remain as a good team mate – Only team work makes a successful seafarer. Smoking and drinking help to remove any barriers within the team.
*Happy living – By and large, seafarer remains happy by smoking and drinking.
Of course, C&K remains steadfast that the above justifications do not justify smoking and drinking. These reasons set the clarion call to reinvent human resource development interventions on the part of shipping companies and governments.
*By: Dr. Nila L. Filamor
IMB Issues Warning About NVOCC Shipments from India
The ICC International Maritime Bureau (IMB) has identified a number of fraudulent shipments originating in India, all appearing on otherwise convincing shipping documents, reports GAC World.
The shipments, which all appear on documentation purportedly issued by the same Non-Vessel Owning Common Carrier (NVOCC), were all for containerised cargoes of garments and footwear out of Indian ports. Enquiries conducted by the IMB quickly ascertained that these shipments had never taken place.
IMB enquiries found that although the nominated vessels called regularly at the ports of loading, they were not at the ports on the specified dates.
Furthermore, although the container numbers detailed on the Bills of Lading related to actual containers, these containers were at different ports around the world on the dates on the Bs/L, as parts of entirely different consignments.
When the supposed NVOCC was contacted, it was quickly established that it had not issued the documents in question, and IMB was able to inform its member that they were not genuine. It later emerged that the NVOCC regularly gave blank Bills of Lading to its customers for them to complete in at their will. It would appear that in this case blank Bs/L fell into the hands of individuals who realised that they could exploit a loophole and defraud unwitting customers and banks. In this case, the NVOCC has reported the incident to local authorities and a criminal investigation is under way.
WEEKLY PIRACY REPORT
23.08.2010: 2330 LT: Posn: 22:16.10N – 091:48.21E, Chittagong port, Bangladesh.
Six robbers armed with long knives in a small wooden boat approached a berthed product tanker berthed. Two of the robbers boarded the tanker and stole ship’s stores. Duty crew sighted them and raised alarm. Robbers jumped overboard and escaped. Port control informed.
22.08.2010:
0410 UTC: Posn: 13:26.1N – 049:41.6E: Gulf of Aden.
Five pirates armed with weapons in a skiff chased a container ship underway. The skiffs matched the ships speed of 20knots and came as close as 200 meters. Ship proceeded at maximum speed, raised alarm, warned ships in the vicinity and reported to authorities and warship for assistance. Later the skiff aborted and moved away.
22.08.2010:
0435 UTC: Posn: 13:19.5N – 049:49.0E: Gulf of Aden.
Pirates armed with automatic weapons chased a general cargo ship. Ship increased speed, made evasive manoeuvres, activated water spray system, sent SSAS alert and contacted authorities for help. Later the skiff aborted the attempt and moved away.
Minister Raises Hope On Removal Of Wrecks, Abandoned Ship
Minister of Transport, Alhaji Yusuf Suleiman has assured that the issue of wrecks and abandoned ships on Nigerian waterways and harbour channels will soon be a thing of the past.
The minister gave the assurance last week when the Chief of Naval Staff, Vice Admiral Ishaya Ibrahim paid him a courtesy call in his office in Abuja.
The Minister told his visitor that both the Federal Government and the Lagos State Government have jointly set up a committee to ensure that the wrecks are removed within four weeks.
He also added that he had met with the Indigenous Shipowners Association of Nigeria (ISAN) with a view to having a workable agreement with them towards the removal of the abandoned ships and wrecks, some of which belong to them.
The minister also thanked the Navy for the harmonious working relationship between it and the Nigerian Maritime Administration and Safety Agency (NIMASA) in ensuring safety on Nigerian waterways.
The Chief of Naval staff had earlier told the Minister that the maritime sector is very important to Nigeria’s economy adding that the economy derives is strength from the maritime sector and stressed the need to continue to protect the sector.
Speaking further, the Chief of Naval Staff stated that as part of the nation’s 50th anniversary celebrations, the Nigerian Navy has plans to showcase to Nigerians and the international community its achievements in the maritime sector in the past years, even as he added that activities will also be a good opportunity to show how the Nigeria Navy has been able to curtail the issue of Sea Piracy on the nation’
Giving a further insight into the proposed show, the naval chief disclosed that the Navy is planning a sea review at which President Goodluck Jonathan will be the special guest.
Paris MoU, Black Sea MoU Introduce New Port State Control Measures
There is a new Port State Control Concentrated Inspection Campaign on the horizon – starting September 1st 2010.
Two Port State Control (PSC) regions, the PARIS MoU and the Black Sea MoU, have announced that a three month concentrated inspection campaign (CIC) will be implemented by its members for all tankers (oil, gas and chemical) from September 1 to November 30, 2010.
Full details of the CIC are expected to be released soon. Although the CIC has been announced as being in connection with tanker damage stability, PSC officers will be checking if the tanker is provided with a trim and stability booklet that has been approved under: MARPOL Annex I, for oil tankers; or IBC Code, for chemical carriers; or IGC Code, for gas carriers.
As such approvals include a review of the tanker’s compliance with damage stability requirements under the appropriate regulations applicable to the certification provided to the tanker.
PSC officers will also check that the actual loading condition (as documented by the master for arrival and departure conditions) is found to be in compliance with the approved trim and stability information used onboard. It is anticipated that minor deviations between actual and allowable loading may be accepted (e.g. 1% variation by weight in cargo and ballast tanks and 2 cm on GM/KG). However, a tolerance for acceptable deviations has not yet been specified, as far as we are aware.
This campaign appears to be connected with ongoing discussions at IMO regarding tanker damage stability concerning the need to develop guidance for the approval of stability information/software and the verification of actual loading conditions in light of a number of reports of tankers being loaded significantly beyond the limits of the approved stability information onboard.
All deficiencies found will be recorded by the port state. Action taken may vary from instructing the master to rectify to deficiency (ies) before departure or within a certain period, to detention of the ship until deficiencies have been rectified. All detentions will be published in the monthly list of detentions available on the Tokyo MOU web-site.
Somali pirates demand US$ 4 Million for Egyptian ship
Somali pirates have demanded a ransom of USD 4 million for the release of an Egyptian ship they attacked and captured on August 2 in the Red Sea.
Panama-flagged MV Suez, a cargo ship carrying cement, was attacked with small arms fire while sailing in the Gulf of Aden.
There were 23 sailors on board, of which 11 were Egyptians.
In the early hours of 2 August, the MV SUEZ reported being under small arms fire from a pirate attack and minutes later she reported pirates on board. After notification of the attack, attempts were made to make contact with the MV SUEZ but to no avail.
The MV SUEZ was traveling in the Internationally Recommended Transit Corridor (IRTC) when attacked. Immediately after the first report, a helicopter was directed to the ship but pirates had already taken over the command of the vessel.
The MV SUEZ, deadweight 17, 300 tonnes with a crew of 23 (Egypt, Pakistan, Sri Lanka and India Nationalities), is a Panama flagged merchant vessel with a cargo of cement bags. EU NAVFOR is monitoring the situation.
The pirates are currently holding the ship in the waters of Harardhere, Press TV correspondent reported.
The ship’s operator has so far refused to pay the hefty sum of USD 4 million, calling it excessive. Negotiations are being held between pirates and the operator in order to decrease the amount demanded for the ransom.
The ship’s owner, Red Sea Navigation is reported to have refused to pay the amount saying it is exorbitant. When negotiations for the Suez’s release began the pirates initially demanded $20 million.
In 2008 another Red Sea Navigation ship was seized by pirates – the company on that occasion managed to talk down the ransom from $10m to $600,000.
PIRACY: Japan To Build Military Base In Djibouti
The Japanese government is to build its foreign military base in Djibouti. The plan is aimed at strengthening and sustaining its fight against Somali pirates, Japanese ambassador to Ethiopia, Kinchi Komano, has announced.
After the signing of a land leasing agreement a few weeks ago between Japan and Djibouti allowing the construction of a military facility in Djibouti, Japan will be the third country to have a military base in Djibouti next to US and France.
Japan has deployed two military ships and two reconnaissance airplanes to dispose of the pirates attack and as a contribution for the international effort against the piracy in the Gulf of Aden, the ambassador noted. With close to 90 percent of Japanese exports being shipped through the Gulf of Aden North into the Red Sea and the Mediterranean, the Asian country’s international trade had been threatened by Somali pirate attacks.
In order to create an internationally recognized transit corridor that provides security for about 30,000 cargo ships that transit the Gulf of Aden every year, some 24 countries formed the Contact Group on Piracy off the Coast of Somalia under the umbrella of the United Nations to maintain an international naval force in the corridor in January 2009. The group as at April 2010, included 47 countries and 10 international organizations ensuring that there is an average of about 17 naval ships on patrol in the troubled waters on any given day.
September last year, Japan and a host of other countries including Britain, Cyprus, Singapore and the United States, in a concerted effort to coordinate international naval patrols, shipping self-protection measures and discourage the payment of millions of dollars in ransom to pirates, came together to sign the “New York Declaration,” an international plan to protect ships and thwart piracy off the coast of Somalia.
Explaining why his government needs to have its own facility, Ambassador Kinichi indicated that while Japanese reconnaissance airplanes are now using Djibouti’s airport for landing and refueling his government does not intend to continue seeking accommodation at the US military base for their operational staff on a long-term basis.
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