Tag Archive | Piracy

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.

UNI MJ RSA 2240

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As Hostages Await Release, Seamen Suggest ‘Role For India’ – By Mukesh Jhangiani

October 5, 2008

As Hostages Await Release, Seamen Suggest ‘Role For India’*

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Relatives and friends held a candle
light vigil last night drawing attention to the plight of 22
seafarers– 18 of them Indian– being held hostage by
Somali pirates in the Gulf of Aden over the past twenty
days.

”For the past few days,” said Seema Goyal, wife of Chemical
tanker Stolt Valor Captain Prabhat Goyal, ”they have been given
a little of rice and boiled potato.”
She was describing the conditions in which the seamen are
being kept by their captors who demanded $6 million–
subsequently pared down to $2 million– for letting the tanker
sail.
But a statement by the ship’s Japanese owners handed out at
the vigil quoted the Captain as having reported on Friday–
October 3– that ”all crew members were safe (and) there were
no injuries.”
The Japanese-owned tanker flying the Hong Kong flag and
manned by a crew of 22 was on way to Mumbai from Houston
in the United States when it was hijacked in the Gulf of Aden
on September 15.
The tanker is carrying phosphoric acid and lubricant oil for
end-users, including Kandla-based Indian Farmers Fertiliser
Cooperative Limited.’ Besides 18 Indians, the crew includes a
Russian, a Bangladeshi and two Filipinos.
Mrs Goyal and other members of the group have been
meeting Indian authorities– ministers, senior bureaucrats,
politicians– to bring home the urgency of securing the sailors’
release.
”I only want to know what is being done. What is going on,”
she said as she and other participants held the vigil near Jantar
Mantar, just off the Capital’s Parliament Street.
”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.”
Experts say much of the initiative in the matter rests with
authorities in Hong Kong, where the ship is registered, or
Japan, where the owners belong.
One idea being pursued is Indian authorities sending a
‘neutral observer’ to the ongoing negotiations between the
Japanese owners and the hijackers, Mrs Goyal disclosed.
But wth a number of merchant naval officers taking part in
the vigil last night, the talk turned inevitably to a situation
many of them face at sea.
Although Indians constitute a bulk of seamen– more than a
half, one said– on merchant ships of various nationalities, and
the Indian government licenses recruiters on Indian soil,
recruits get little protection.
They pointed out how Americans, British and French, for
instance, have formed a coalition to work a ”safe” corridor in
the area and suggested similar effort by Indian forces.
An Indian coastal presence or participation will not only
”boost our spirits,” it would at the same time deter
trouble-makers, Captain Mukul Attri told United News of India
Special Correspondent Mukesh Jhangiani.
Under the Merchant Shipping Act 1958, the Director General
of Shipping, who licenses recruiters of Indian seamen and
officers, is also responsible for recruits’ welfare, experts say.
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.
Another set of pirates who hijacked a Ukrainian freighter
carrying tanks, artillery, grenade launchers and ammunition
claimed this week they are more ”like a coast guard.”
A New York Daily quoted a spokesman for the pirates as
saying they have been misundestood by the world.
The New York Times quoted spokesman Sugule Ali as saying,
”we don’t consider ourselves sea bandits.
”We consider sea bandits those who illegally fish in our seas
and dump waste in our seas and carry weapons in our seas. We
are simply patrolling our seas. Think of us like a coast guard.”
Such remarks, experts say, stray into ”grey areas” of the 1982
Law of the Sea Convention to which India is a party.
Even the International Criminal Court appears to offer no
remedy against piracy.
On the other hand, the statement by Stolt Valor’s Japanese
owners cited expert opinion that ”Somali hijackers are now
using ‘terror tactics’.”
It also contained word that the pirates ”are using” such tactics
as having crew members exaggerate hardships on board to
cause worry to families.
The statement appeared to confirm Mrs Goyal’s account three
days ago that the Somali pirates were forcing some of 22
hostages to call home to pressure the ship owners on ransom.
It said the ”owners continue to maintain contact with the
vessel on a regular basis and are making every effort to secure
the safe release of the crew” and have kept governments posted.
It discounted ideas of a rescue action, citing an unnamed
British expert that ”for every successful rescue attempt, many
more are unsuccesssful and result in dead hostages.”
It said ”the best hope for a safe resolution to the Stolt Valor
crisis is by calm communication, rather than aggressive
military action.”
Over the past few days, Mrs Goyal and her group has met
Shipping Minister T R Baalu and External Affairs Minister of
State Anand Sharma and senior officers of the Ministries and
All India Congress Committee general secretary Rahul Gandhi.
Baalu and others have assured her that ”every effort” would
be made to secure release of the hostages.
Mrs Goyal says her husband and crew members have been in
touch with her from the ship’s bridge, presumably using a
satellite phone.
Differing accounts and interpretations contribute to relatives’
anxieties.
On Tuesday, the 18 Indian seafarers were reported to be
running short of water and rations.
She said a crew member called her and ”said they will be out
of fresh water in a day or two, and rations, in another 3-4 days.”
She said ”we were told” by the representatives of the ship
owners and the manning company that delivery of fresh water
and medicine to the hostages was being arranged. But Captain
Goyal told her nothing had arrived,” she said.
The ship owners’ statement said that ”some crew members
who had been feeling unwell… received medicine on board.”
Rashmi Sood, who attended a call from a crew member
aboard the ship whose wife is in hospital, said his words were
not coherent but the desperation was most pronounced.
”Bring an end to the ordeal of these innocent seafarers,” Mrs
Goyal urged in a petition to Baalu.
During a televised interview, the relatives and friends of the
Indian hostages urged Prime Minister Manmohan Singh to
hear them for just ”a few minutes.”
UNI MJ RP KN1352

 

 

As Hostages Await Release, Seamen Suggest ‘Role For India’* – By Mukesh Jhangiani – October 5, 2008