Tag Archive | Piracy in Somalia

Ex-Hostage’s Wife Wants Laws Against Piracy Business ! – By Mukesh Jhangiani

                                                                                                                       July 6, 2011

 

Ex-Hostage’s Wife Wants Laws Against Piracy Business !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Indian authorities were urged today to enact clear laws– as well as enforce them– to regulate merchant seafaring, including hiring of sailors and allowing or requiring armed guard to protect vessels against pirates.

Gulf of Aden

Gulf of Aden (Photo: Wikipedia)

”Otherwise this piracy business will go on thriving,” Sampa Arya, whose husband Sandeep Arya was among Indian sailors aboard merchant vessel Suez released after a reported US$2.1 million payoff to Somali pirates, told journalists.

The racket has grown 177 per cent in just one last year, Mrs Arya claimed, drawing presumably on internet data.

She was accompanied by relatives of six Indian sailors in the captivity of Somali pirates aboard another merchant vessel called Iceberg.

The seamen captive aboard MV Iceberg: Jaswinder Singh of Haryana, Dhiraj Tiwari, Ganesh Mohite and Swapnil Jadhav of Maharashtra, Santosh Yadav of Uttar Pradesh and Shah Ji Kumar Purshotanam of Kerala.

Former Subedar Major Purshotam Tiwari said his son and five others from India were hostage for the past 16 months. He had sought the help of the Shipping, External Affairs, Home Affairs and Defence Ministries as well as the Chief Ministers of Maharashtra and Bihar. He had even drawn the attention of Lok Sabha Speaker Meira Kumar, Prime Minister Manmohan Singh and President Pratibha Patil, all without much avail.

Mrs Arya criticised what she suggested was a ”passive” government approach to the issue of sailors taken hostage for ransom.

The reported US$2.1 million came from MV Suez owner Abdul M Mathar of Egypt and a welfare trust run by former Pakistani Human Rights Minister Ansar Burney who also helped negotiate.

”It was with Ansar Burney’s help that we managed to negotiate with the pirates,” an Indian online outlet quoted Mathar as saying.

Experts say Somalis have been targeting mostly ships flying Flags of Convenience, which typically have budget constraints, are ill-equipped, and thus easier to overwhelm.

Merchant ship owners often register their vessels in a foreign sovereign State to reduce operating costs and avoid regulations in force in their own countries.

English: GULF OF ADEN (March 22, 2009) The Amp...

Counter piracy effort – Amphibious assault ship USS Boxer and aircraft carrier USS Theodore Roosevelt transit the Gulf of Aden (Photo: Wikipedia)

The term Flag of Convenience in use over half a century pertains to the civil ensign a ship flies to indicate its country of registration under the laws of which it operates.

The idea caught on and by the late 1960s Liberia surpassed Britain as the world’s largest shipping register.

More than a dozen States currently operating ‘open registries’ are reported to have sub-standard regulations.

More than half of the world’s merchant ships are registered under Flags of Convenience, with Panamanian, Liberian and Marshallese registries accounting for almost 40 per cent of the world fleet in deadweight tonnage.

A key criticism of the system is it lets shipowners be legally anonymous and difficult to prosecute in civil and criminal actions.

Such ships are also alleged to be engaged in crime ranging from illegal fishing to terrorism, offer substandard wages and working conditions and targeted for special enforcement by countries they visit.

But given the level of unemployment and state of regulation in developing countries such as India finding sailors is hardly a problem.

Complicating the situation over the past half a dozen years has been the Gulf of Aden, where a war-torn Somalia, without a functioning government since 1991, has turned into a hotbed of piracy.

Article 101 of Law of the Sea convention 1982 defines piracy as any illegal act of violence or detention or depredation committed for private ends by the crew or passengers of a private ship on the high seas against another ship or persons or property on board such ship.

But experts say it does not cover all cases of piracy.

”The Somali situation does not seem to strictly qualify as piracy under the Law of the Sea convention 1982,” says former additional director general of Shipping and nautical adviser J S Gill, adding that the wording ”may hamper charging a person as a pirate.”

A former chairman of the Delhi branch of the Company of Master Mariners of India, Capt Gill sees piracy as an exigency that ought to be linked to insurance, since it is underwriters who must eventually make good any losses to vessels or cargo.

Mariners interviewed say Somali activity has spawned a whole new mostly-Western industry for insuring vessels at risk with ever-increasing premiums.

That and other factors such as the data intelligence Somalis seem to possess or lawyers quick to rise to their defence on arrest suggest a new dimension– of an ‘organised under-world.’

Far from being sea pirates hunting for victims, they sometimes seem well-informed about their potential targets to the point of knowing for instance the cargo on board and the exact number of hands a vessel set out with, seafarers say.

Capt Gill who was present at the news conference said sailors in such captivity were often found to have taken employment through unlicensed agents.

”While the government may not be strictlly legally responsible for their employment they deserve basic humanitarian assistance as any citizen working abroad.

”Many victims or relatives,” Capt Gill said, ”do not know that the Director General, Shipping is statutorily entrusted to look out for Indian seamen in distress, irrespective of the source of their appointment, and must be persisted with.

”I believe the DG, Shipping and the MEA regularly press Embassies of the Flag States of the pirated ships.”

Mrs Arya stressed setting up a central agency to regulate seamen’s recruitment so as to help Indian aspirants steer clear of ships flying flags of convenience.

Experts say India has Shipping Masters at various ports supervising employment of merchant seamen and officers, but the system has eroded over the decades to a point that many seamen now find work without referring to it.

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Indian Hostages Running Short Of Water, Food: Captain’s Wife – By Mukesh Jhangiani

English: GULF OF ADEN (July 7, 2009) Coalition...

Gulf of Aden (Photo: Wikipedia)

                                                                                                                                    September 30, 2008

Indian Hostages Running Short Of Water, Food: Captain’s Wife

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – With 18 Indian seafarers reportedly running short of water and rations after their ship was seized by Somalian pirates 15 days ago, relatives and friends urged ‘immediate’ steps this evening to secure their release.

”Bring an end to the ordeal of these innocent seafarers,” Seema Goyal, wife of Captain Prabhat Goyal urged in a petition to Shipping, Road Transport and Highways Minister T R Baalu.
Chemical tanker Stolt Valor, a Japanese-owned ship flying the Hong Kong flag and manned by a crew of 22, was sailing from Houston, in the United States, to Bombay when it was hijacked in the Gulf of Aden on September 15.
The tanker was carrying phosphoric acid and lubricating oil for Indian end-users, including Indian Farmers Fertiliser Cooperative Limited at Kandla.
As many as 18 of the 22, including Captain Goyal, are Indian, one Russian, one Bangladeshi and two Filipinos.
The hijackers appeared to have originally demanded six million dollars but lowered the demand to 2.5 million dollars, Mrs Goyal told a meeting at the Indian Society of International Law.
She said Capt Goyal and crew members have been in touch with her from the ship’s bridge, presumably using a satellite phone.
”For last 18 days, these 22 sailors are living under the shadow of guns with constant threat to their lives, and look upon the government of India as their last hope.
”Yesterday, a crew member telephoned me and said they will be out of fresh water in a day or two, and rations, in another 3-4 days,” Mrs Goyal said.
”I do not understand what the delay is about,” Ms Goyal said after submitting a petition in the Shipping Minister’s office.
Under the Merchant Shipping Act 1958, the Director General of Shipping, who licenses recruiters of Indian seamen and officers, is also responsible for the welfare of Indian seamen, experts say.
The post has been vacant since the last incumbent, Kiran Dhingra, was transferred to the Ministry of Housing and Urban Poverty Alleviation 19 days ago.
The delegation of seafarers’ relatives and friends she led also met some Society officers, including secretary general Rahmatullah Khan and former treasurer Joginder Singh Gill.
She has also requested a meeting with United Progressive Alliance chairman Sonia Gandhi.
As many as 55 ships have been attacked off the coast of Somalia since January and 11 were still being held for ransom, published accounts indicate.
The International Maritime Bureau has issued an advisory urging ships to stay 250 Nautical Miles away from the Somali coast.
The ship was reportedly in a corridor made ”safe” by a coalition of US, British and French forces.
An official for the recruiting agent declined to comment on negotiations under way.
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