• Had she previously alleged that she had been raped by the ship’s Ukrainian?
• Is Safmarine feigning ignorance?
There are increasing concerns about investigations into the suspicious death of 19-year-old South African officer cadet Akhona Geveza who was lost overboard from the UK-flagged Safmarine containership Safmarine Kariba on June 24 while the ship was in Croatian waters near Rijeka.
This case once again throws the spotlight on how to ensure the proper investigation of serious crimes onboard ships at sea where various legal jurisdictions are potentially involved.
Officers’ trade union Nautilus International general secretary Mark Dickinson has written to UK secretary of state for transport Phillip Hammond, urging that a proper investigation is undertaken regarding the circumstances surrounding her death.
Ms Geveza was onboard the Safmarine ship as part of an arrangement with South African harbour authority Transnet to provide seagoing opportunities for Transnet cadets. Transnet specifically encourages the recruitment of young South African women as officer trainees.
In particular there are concerns that she had previously made allegations that she was raped by the ship’s Ukrainian chief officer. It has been claimed that other South African cadets have made similar allegations. Safmarine told Lloyd’s List that it “has not received any complaints of sexual harassment taking place onboard its vessels”.
In his letter Mr Dickinson says: “We believe it is particularly important that the UK, as flag state, takes a highly visible leading role in seeking to establish the truth of the allegations and – if true – to ensure that appropriate action is taken.”
It calls on the Department for Transport to do everything possible to secure a full and transparent investigation.
Mr Dickinson has also written to UK Home Secretary Theresa May expressing concern at the lack of information about any criminal enquiries into the allegations. He says it is unclear whether investigations are being carried out by the South African police, the Croatian police, or the British police. An added complication is that the Ukrainian chief officer left the vessel in Port Said, Egypt.
A spokeswoman for Safmarine told Lloyd’s List that investigations into the death are still underway. She said that Safmarine was co-operating with authorities investigating the matter, which include the Croatian police, South African Maritime Safety Authority and the UK Marine Accident and Investigation Branch.
However, Lloyd’s List understands that the MAIB is not actively investigating the incident as it normally defers to any ongoing police investigation, which in this case appears to be in the hands of the Croatian police.
A DfT spokesperson said to Lloyd’s List: “This is a tragic incident and we extend our sympathies to the family of Ms Geveza. This is now the subject of a criminal investigation and we are happy to assist if asked. However, it is not for the DfT to intervene in a police enquiry.”
Lloyd’s List contacted the Croatian police but at the time of going to press they were unable to give any information on the status or progress of the investigation.
A spokesman for the UK Home Office said to Lloyd’s List that British police involvement in such international investigations usually follows a mutual legal assistance request from authorities in other countries, but the Home Office does not confirm or deny whether such requests have been made in individual cases. Lloyd’s List understands that British police are not currently conducting an investigation into this incident.
This uncertainty about how the death is being investigated highlights fears that the various jurisdictions involved could end up with an inadequate investigation taking place into an extremely serious criminal offence.
Nautilus is concerned that the case has important implications for the international maritime industry and especially ensuring equal opportunities as the industry seeks to attract more women seafarers. “There must be no whitewash and no cover-up,” Mr Dickinson said.
The union has tabled a motion, in co-operation with the South African Transport Workers Union, at the International Transport Workers Federation Congress in Mexico City. It expresses concern that “these allegations could damage irreparably the image of shipping as a career choice for young people and especially among young women”.
It calls on the ITF to ensure that Ms Geveza’s family receive justice with a full and open investigation and action concerning all allegations of abuse by Transnet cadets and that any conclusions are implemented quickly. The ITF should “send a message to the shipping industry that the worldwide maritime trade union family will not tolerate this kind of treatment of any seafarer on any ship and redouble its efforts to support the eradication of harassment and bullying at sea and the promotion of mutual respect and equal opportunities in shipping”.
UN Predicts Drop in Piracy in 2010
The success rate of pirates operating off the coast of Somalia will fall to below 20 percent this year, from 63 percent in 2007, in part due to defensive measures cargo ships are taking, the United Nations said.
“The decrease in success is attributable to the additional defensive measures put in place by merchant ships, their more cautious navigational routes, and effective naval operations,” UN Secretary-General Ban Ki-moon said in a report to the Security Council.
The North Atlantic Treaty Organization, which runs one of three naval operations in the region, has told cargo ships to improve their vigilance and, if approached, run at full speed and use evasive manoeuvres and fire hoses to repel pirates.
The pirates concentrate on the Gulf of Aden, a chokepoint leading to the Suez Canal that’s used by 30,000 ships a year carrying about a 10th of world trade.
Attacks have spread to the Indian Ocean, as much as 1,000 miles from shore.
Naval operations, including participation of more than 30 nations, may be expanded by ships from four Indian Ocean island nations and the French territory of Reunion, Comoros Foreign Minister Fahmi Said Ibrahim El Maceli said on July 26. Comoros, Mauritius, Madagascar, the Seychelles and Reunion are negotiating formation of the force, which would be financed by the European Union, he said.
Higher Rates
The Indian Ocean nations want to create their own naval force because of the threat posed to their economies. Insurers are charging higher rates for commercial ships that transport goods to Comoros and its neighbors, and this creates financial hardships for local populations, Maceli said.
Ban said in his report that there were 30 attacks by pirates in the region during the first three months of 2010. He also said their methods have become “increasingly sophisticated.”
The pirates now use “mother ships” to tow smaller vessels out to sea, global positioning satellite equipment and heavier weapons, including rocket-propelled grenades, he said.
The 30 attacks in the first quarter of 2010 projects to a year total of 120, compared to 217 in 2009.
Ban, at the request of the UN Security Council, outlined seven options for prosecuting pirates. He suggested enhancing the capacity of the high-security courtroom opened in Kenya last month, and six proposals for establishing regional or international courts.
The secretary-general didn’t indicate a preference for any one of the options.
Somalia is in its 19th year of civil war and hasn’t had a functioning central administration since the overthrow of former dictator Mohamed Siad Barre in 1991.
SHIPTALK: A GLOSSARY OF SHIPPING AND MARITIME TERMS
RETURN CARGO – A cargo which enables a ship to return loaded to the port or area where her previous cargo was loaded.
REEFER – Refrigerator ship; a vessel designed to carry goods requiring refrigeration, such as meat and fruit. A reefer ship has insulated holds into which cold air is passed at the temperature appropriate to the goods being carried.
TECHNICAL MANAGEMENT – Management of the maintenance, crewing and insurance of the ship.
SHIFTING – This refers to movements or changing positions of cargo from one place to another – a dangerous situation at sea that can easily endanger the seaworthiness or cargo worthiness of the
ship
SALVAGE – The property which has been recovered from a wrecked vessel, or the recovery of the vessel herself.
TOWAGE – Charges for the services of tugs assisting a ship or other vessels in ports or other locations; the act of towing a ship or other objects from one place to another
TRADING LIMITS – Maritime area usually specified by range of ports in which a vessel may operate
TRAMP SERVICE – Vessels operating without a fixed itinerary or schedule or charter contract.
TUG – A small vessel designed to tow or push large ships or barges. Tugs have powerful diesel engines and are essential for manoeuvring large ships around the port. Pusher tugs are also used to push enormous trains of barges on the rivers and inland waterways of the U.S. Ocean-going salvage tugs provide assistance to ships in distress and engage in such work as towing drilling rigs and oil production platforms.
SEA WORTHINESS – The condition of the ship, based on the sufficiency of a vessel in terms of materials construction, equipment, crew and outfit for the trade in which it is employed. Any sort of disrepair to the vessel by which the cargo may suffer — overloading, untrained officers, etc., may constitute a vessel to be unseaworthy.
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.
VOYAGE CHARTER – A contract whereby the shipowner places the vessel at the disposal of the charterer for one or more voyages, the shipowner being responsible for the operation of the vessel.
WATCH – The day at sea is divided into six four-hour periods. Three groups of watchstanders are on duty for four hours and then off for eight, then back to duty. Seamen often work overtime during their off time.
SAFETY 2
WEEKLY PIRACY REPORT
03.08.2010: 0317 UTC:
Posn: 12:56N – 048:08E, Gulf of Aden.
Six pirates armed with guns and RPG in a skiff approached a chemical tanker underway from the stbd beam and started firing. D/O raised alarm, increased speed, crew mustered, activated fire pump, sent distress alert, fired rocket flares and contacted warship. The warship advised that a helicopter would arrive in 12 minutes and asked to fire distress flares. The pirates continued firing and later aborted the attempted boarding. The warship managed to catch the pirates at 0510 UTC. No injuries to crew but the tanker sustained damage due to the gun fire.
02.08.2010: 0420 UTC:
Posn : 13:02N – 048:54E: Gulf of Aden.
Pirates in three skiffs armed with automatic weapons chased and opened fire on a general cargo ship. The pirates boarded and hijacked the vessel and took 24 crewmembers hostage. Further Report awaited. View
31.07.2010: 0145 LT:
Posn: 13:44.3N – 121:01.7E, Batangas anchorage, Philippines.
Three robbers in a small craft approached a tanker at anchor. One robber boarded the tanker and broke into the bosun store. Alert crew spotted the robber and raised the alarm. Seeing crew alertness the robber jumped overboard and escaped. A second robber climbing the anchor chain also escaped. Ship property stolen. Coast guard informed.
*Source: IMB
IMO, Shipping Industry, Seafarers Seek UN Help To Secure Release Of 395 Hostages
Support from the United Nations Secretary-General Mr. Ban Ki-Moon to secure the release of hostages – seafarers, in the main – currently being held by pirates in Somalia has been sought, via a letter jointly signed by International Maritime Organisation (IMO), Secretary-General Mr. Efthimios E. Mitropoulos and heads of international shipping and seafarer organizations.
In the letter, they asked Mr. Ban to draw the attention of the Security Council to the unacceptable plight of the 395 hostages currently being held by pirates in Somalia and seek to develop a dynamic approach that might secure their release.
"In this, the Year of the Seafarer, your early positive response to our request will be greatly appreciated by the world’s seafarers and the international maritime community," the letter adds.
The letter was drafted following the 14 July meeting of shipping industry organizations and representatives of seafarer organizations held at IMO and was signed by IMO Secretary-General, Mitropoulos; Mr. Spyros Polemis (Chairman, International Chamber of Shipping and President, International Shipping Federation); Mr. Robert Lorenz-Meyer (President, BIMCO); Mr. Graham Westgarth (Chairman, International Association of Independent Tanker Owners (INTERTANKO)); Mr. Nicos A. Pappadakis (Chairman, International Association of Dry Cargo Shipowners (INTERCARGO)); Mr. Jon Whitlow (Secretary, Seafarers’ Section, International Transport Workers’ Federation); and The Revd. Tom Heffer (Secretary General, The Mission to Seafarers).
The 14 July meeting was also attended by Mr. Marianito Roque, until recently Secretary of the Department of Labour and Employment in the Government of the Republic of the Philippines – a country that supplies approximately 25% of the world’s seafarers and whose nationals have been the principal victims of acts of piracy and consequent hostage-taking, particularly in waters off the coast of Somalia.
The letter to Mr. Ban notes that the IMO Council decided, at its 104th session in June, that the theme for World Maritime Day 2011 and, thus, the thematic priority for the Organization and the shipping industry throughout next year, should be "Piracy: orchestrating the response".
Notwithstanding the various and multi-faceted efforts made to address the scourge of piracy (including by the United Nations, IMO, UNODC, the European Union, NATO, individual Governments and the shipping industry) and the relative success they are having, especially with respect to averting attacks on cargo ships chartered by the World Food Programme to carry humanitarian aid to Somalia, the IMO Council has recognized that much work still remains to be done if the ultimate goal of eliminating piracy is to be achieved.
The letter notes that the IMO Council chose the 2011 World Maritime Day theme in order to galvanize, throughout the year and beyond, further action aligned to a number of key objectives, including:
-increasing pressure at the political level to secure the immediate release of all hostages being held by pirates;
-providing care for those attacked or hijacked by pirates and for their families;
-improving guidance to the industry and promoting full compliance by ships with all recommended preventive, evasive and defensive measures;
-promoting greater levels of support from navies;
promoting anti-piracy coordination and co-operation between and among States, regions and organizations; and
-building capacity in affected States to deter, interdict and bring to justice those who commit acts of piracy and armed robbery against ships.
The letter recognizes that the root causes of piracy in Somalia are to be found on land and that increased activity at the political level (foremost through the Security Council) is fundamental to enable the country to reach a land-based, political solution that will have a beneficial impact on crimes committed at sea, and facilitate and expedite the release of hostages.
"Any action you may decide to take in the context of this joint appeal will certainly contribute towards bringing the 2011 World Maritime Day theme of "Piracy: orchestrating the response" to the attention of other relevant entities of the UN System – in particular, those that may be in a position to contribute to the aforementioned goals and the related activities we will be undertaking throughout next year," the letter says.
"We are convinced that the authority of your Office and your personal support for the action outlined above will add considerable gravity and impetus to our efforts to eradicate piracy and armed robbery against ships," it adds.
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