Fatigue at sea with seafarers - a film you must watch

Not just watch, but also comment, on their website as well as this blog. Finally somebody who gives some plain talk - why are seafarers subjected to such horrific conditions of work?

http://www.seafarersfatigue.com/

http://251589.edicypages.com/en

And please share too. We owe this to not just ourselves, but to the future generations.

memories of TS Dufferin

Please read this article in toto to get an idea of the democratic and fair way in which training and life was imparted on the TS DUFFERIN.

http://sayeedsjournal.wordpress.com/chapter-6-the-three-dufferin-years1939-41/

Especially the important aspect of being judged by your peers.

When and how did this change on the Dufferin/Rajendra, after Plaan/Inderjit Singh took over??

Uniformed services in India and the Enron issue - similarities?

Not directly related to the Indian Merchant Navy, but close enough, and a sensible read.

http://www.moneylife.in/article/preventing-enron-like-scams-in-the-armed-forces/26457.html

Do read it . . . 

mv RENA conviction-attacking the symptoms, not the disease

http://www.voxy.co.nz/national/union-calls-overhaul-after-rena-sentencing/5/125220

Cheapest FOCs with overworked 3rd world crews are NOT the solution.

Friday, 1 June, 2012 - 15:47

The Maritime Union is calling for a complete overhaul of New Zealand shipping policy to avoid a repeat of the Rena disaster.

Maritime Union of New Zealand General Secretary Joe Fleetwood says the main problem is that New Zealand desperately needs a shipping policy.

Mr Fleetwood says the jailing of the Rena's Master and Mate was a case of attacking the symptom but not the disease of deregulated Flag of Convenience shipping (Editorial note: see more information about Flag of Convenience shipping below).

"The approach for the last generation has been for Government to abdicate its responsibility to ensure standards in the maritime industry."

As long as Flag of Convenience shipping was given a "free ride" in New Zealand waters, Rena style incidents were "almost guaranteed".

"The surprising thing is how long it took for a shipping disaster of this type to happen, not that it did happen."

Mr Fleetwood says the Australian Government this week passed Shipping Reform Package bills to regenerate Australian owned and Australian crewed shipping.

New Zealand, by contrast, was still locked into failed deregulation policies from the 1980s.

"Do we need more Rena style disasters to get the same action on merchant shipping in our waters?"

Mr Fleetwood says the reintroduction of cabotage (giving priority to New Zealand owned and crewed shipping) was now back on the agenda following the Australian developments.

He says that it was extremely disturbing that a maritime trading nation like New Zealand was now completely dependent on global shipping lines and Flag of Convenience vessels.

"We need a New Zealand shipping line to ensure our maritime and economic security."

There were a number of other basic changes that could be easily made to rapidly improve safety in the industry, such as the mandatory use of dedicated shipping lanes, which could have prevented the Rena disaster.

Greater regulation of shipping was required to monitor fatigue, safety standards, and the condition of vessels.

"The crew are under enormous pressure for faster turnarounds from the owners. In this environment, errors and bad judgement will continue."

Increasing the liability on the owners and charterers of vessels was obviously required.

The Maritime Union had also lobbied the Government previously to the Rena Disaster for the provision of a quick response vessel to assist for shipping or offshore oil and gas industry emergencies.

Mr Fleetwood says the deregulated and "toxic" competition in the entire maritime industry was responsible for many problems in shipping and ports.

He says the recent moves to remove foreign flagged charter vessels from the New Zealand fishing industry were an acknowledgement of the crisis in the wider maritime industry.

The changes had vindicated a long running campaign by the Union to get the fishing industry cleaned up.

The problems experienced with Flag of Convenience shipping in New Zealand waters had many similarities, and had to be dealt with in the same way.

Mr Fleetwood says the Maritime Union welcomed the growing political support for New Zealand shipping from opposition parties.

What is Flag of Convenience (FOC) shipping?

A flag of convenience ship is one that flies the flag of a country other than the country of ownership.

Cheap registration fees, low or no taxes and freedom to employ cheap labour are the motivating factors behind a shipowner's decision to 'flag out'.

Some of these registers have poor safety and training standards, and place no restriction on the nationality of the crew. Sometimes, because of language differences, seafarers are not able to communicate effectively with each other, putting safety and the efficient operation of the ship at risk.

In many cases these flags are not even run from the country concerned.

Once a ship is registered under an FOC many shipowners then recruit the cheapest labour they can find, pay minimal wages and cut costs by lowering standards of living and working conditions for the crew.

Globalisation has helped to fuel this rush to the bottom. In an increasingly fierce competitive shipping market, each new FOC is forced to promote itself by offering the lowest possible fees and the minimum of regulation. In the same way, ship owners are forced to look for the cheapest and least regulated ways of running their vessels in order to compete, and FOCs provide the solution.

The real Gateway to India - Chagos Archipelago (part 1 & 2)

So how and where and when did we just simply give up the whole British Indian Ocean Territories, our claim to it, the Chagos, and what does it mean to many of us?

http://blogs.timesofindia.indiatimes.com/Diary-of-a-Divorced-Delhi-Male/entry/gateway-to-india

""There was a time, glory days, as my seafaring friends will recall, this was '70s and '80s, when if you flew the Indian flag and had "INDIA" painted on the sides of your ship, nobody in the world touched you. The Persian Gulf was at war, 1971 was fresh in the world's mind, Vietnam was drawing to a big American defeat, USSR was dissolving, England was fighting Argentine, but ships with INDIA painted in huge day-glow letters on the side (and huge means each alphabet was 5-10 metres in height, depending on the size of the ship) were inviolate.""


++++


http://blogs.timesofindia.indiatimes.com/Diary-of-a-Divorced-Delhi-Male/entry/the-real-gateway-to-india-chagos-and-more

""The first island to go was what is known today as Bab el Manded. Used to be known as Dwar-e-Mandir, or, the gateway to the temples. Located off Aden, a mere speck but straddling the entry and exit to the Red Sea, it is still important enough. In mythology, it is where the Red Sea was split into two to save the Faithful, but in history, these were low-lying swamps which the early humans crossed over to reach Asia from Africa. 60000 years or so ago.

For us it used to be a point of reference, as it was for seafarers for centuries before, from where we knew the courses by heart to a full range of ports from the entry to the Persian Gulf through the Straits of Hormuz to the West Coast of India, or the base of Ceylon called Devundra or Lord's Port and now known as Dondra Head, and thence beyond into the wonders of Malacca.""

+++

read on . . .

The case being made to reduce wages for Indian seafarers

Are Indian seafarers pricing themselves out of the market, and if so, what can be done? That was the question put to me and initially, with the accompanying data viewed in purely mathematical terms, it did appear to be the case.

For example, and all figures approximate, in USD and basis contractual wages per month or pro-rata. Indian officers are typically between these two figures.

Newly promoted Master/Chief Engineer: North-West European countries  / 13000 and Far East Developing countries  /  6500

Entry level 3rd Officer / 4th Engineer: North-West European countries / 5300 and Far East Developing countries /  2200

The argument or hypothesis put forward is that Indian officers need to voluntarily start accepting salaries closer to the salaries accepted by officers from the Far Eastern countries if they don't want to see themselve being out-priced from the market. Obviously, this does not take into account flag-state requirements, and applies more to open
register employment opportunities - though even some flag states are now relaxing this when it comes to employing foreign nationals on their ships.

This would be correct if the maritime industry was a simple operational industry, where the financial aspects over-rode everything else, and humans could be increasingly replaced by machines and computers. Or treat the sailor as sub-humans. To some extent, that is the way the industry has evolved over the past 2-3 decades, but there is simply no more elasticity left in the constant battle to reduce head-count on board by every means possible. How much more can the owners and flag states play around with so-called safe manning, before port states start imposing their own conditions, is already being played out.

If anything, as enquiry reports in more than a few accidents have shown lately, fatigue and lack of competence are the two biggest reasons going hand-in-hand while safety and efficiency take a beating. Certificates of competency and time-sheets are one thing, realities are another, and ship-owners as well as operators must realise that the issue is deeper than just salaries or rather the daily-wage kind of contractual numbers.

One solution would be for the same people advocating further reduction in head-counts to spend some time on board real working ships, as pursers, to try and understand the realities involved. And on terms and conditions as applicable to 3rd Officers.

Because. Then only will management, especially financial management, learn that the modern young seafarer, as with any other career professional, is looking for more than just money. There are two other very important parameters involved:- future potential and respect at the workplace. Nothing more needs to be said or written on how both these paramters have gown downhill over the last 2-3 decades.

Not that salaries have kept pace either. Compared with other avenues open to younger people, merchant navy salaries have not kept up. Simple as that.

Speaking with a few youngsters in the Merchant Navy on the subject, one can understand their frustration - managements tend to ignore the fact that their frontline operational staff expect more than just money. Leave alone a reduction in wages, many of them were of the opinion that even doubling of wages without improving working conditions and future potential meant nothing to them.

Which takes me back to the solution - which has to go back to basics. Tthe Indian seafarer was and should still be linked to the Indian flag ships. That is where the solution lies - there will be no dearth of very well qualified people willing to work for lower salaries as long as the other two parameters of respect at the workplace and future potential are met. Sadly, the Indian flag shipowners have defaulted on this responsibility terribly over the last few decades, and this needs to be resolved first.

If, hypothetical if, the Indian shipowners simply matched terms and conditions offered by the Indian Navy to theiir younger officers, then many of the same younger officers see no reason why a 20-year working life could not be something easy to achieve. With all the other benefits that accrue to shipowners able to plan for the future. And more.

The example of the coastal and foreign going Chinese flag fleet can be quoted in this context. The example of how many of us in the '70s and '80s chose to stay on with Indian flag vessels at lower salaries for the same reasons can also be quoted.

By all means, think about reducing salaries to make the Indian seafarer more competitive, but it can not be a stand-alone. It may sound strange, but bench-marking the Indian Navy for this is not such a wild idea - the two services have always been related and till not too long ago, the best who came out of the Training Ships actually went to the Indian Navy.

The rest, the not so best, or the better than most, take your pick, can then certainly work in the open registers.


And there, let market forces decide.

MayDay MayDay MayDay - on missing sailors and soldiers

Here's my latest article at Indiatimes/TOI on the subject of soldiers and sailors missing in the Far East . . .

http://blogs.timesofindia.indiatimes.com/Diary-of-a-Divorced-Delhi-Male/entry/the-truth-behind-may-day

If the Pirates don't get you, the cops will . . .

The real truth on what you can expect at sea in and around India, as a Master Mariner.

http://blogs.timesofindia.indiatimes.com/Diary-of-a-Divorced-Delhi-Male/entry/if-the-pirates-don-t-get-you-the-cops-will

Sad, but true, and facts are hard.

Is racism the real reason for differing treatment of seafarers?

Why are our seafarers still getting killed on our coast?
March 10, 2012 08:17 AM |
Veeresh Malik

What is happening on the west coast of India lately with the MV Enrica Lexie, in and around Kerala, defies all logical explanation. Except one big one—the crew in this case happens to be European, not third world

http://www.moneylife.in/article/why-are-our-seafarers-still-getting-killed-on-our-coast/24156.html

Why shippies don't drink "On The Rocks"

And here's a bit of a light-hearted piece by me for the Times of India on the subject of shippies, climate change, alcohol, mosquitoes and more. Including CoC . . .

http://blogs.timesofindia.indiatimes.com/Diary-of-a-Divorced-Delhi-Male/entry/never-on-the-rocks-please

What I would like MUI to do . . .

Here's a wishlist of what I would like MUI to do for Indian seafarers, can you suggest more, or amendments, improvements, whatever?

# Single articles of agreement for seafarers on Indian flag ships, with the MUI-INSA agreement setting the terms & conditions as well as salary minima, between shipowner and seafarer. (If the seafarer is being paid more than the MUI-INSA agreement, then mention it on the articles.)

# Revive the concept of employment on Indian flag vessels, keeping in mind the new Service tax and TDS regulations.

# Involve MUI in the revised RPS Rules from DGS and from there coordinate it to FOSMA/MASSA and INSA companies of the better variety.

# Restore dignity for all at DGS, MMD, Shipping Master along the lines of model RTOs and offices at airports - both for the people working there as well as the clients, seafarers and others who need to come there.

# Initiate a vessel feedback system from Indian Masters/Mates and Chief Engineers/Engineers of ships visiting Indian ports with some element of confidentiality assured.

# Tighten up the examination system, including video recording of orals and online "no delay" writtens without restrictions on how many seats per centre. (For example, NOIDA/Delhi has only 40 seats vs 100s of candidates)

# Bring Delhi online for engine side endorsements. (Currently Delhi/NOIDA is only deck)

# Cleaning up the whole GMDSS mess.

# Take feedback on and update the syllabus for CoC exams from college lecturers and candidates.

# Work towards courses to be on dual shift per day basis to reduce time at colleges for seafarers on leave.

# Lay down insurance covers and underwrite additional salaries at 3x levels for seafarers who have been kidnapped, hijacked, pirated, held in jail = single salary to family, and double salary head in escrow till end of episode, plus post episode trauma care and support, on a scale that rises with duration.

# Instal a system of ship / owner / RPS Agent / other feedback from MUI members and share this open domain.

# Work towards more sensible safe manning levels for Indian flag, foreign flag visiting India and foreign flag with Indians onboard. Teach seafarers how to make cogent work-time studies towards presentation skills for improving quality of life onboard.

# Bring MUI into direct interaction with Customs, Immigration, Health and other agencies which interact with Indian seafarers in India.

# Increase death and disability compensation to minimum 20 years or balance of life potential employment levels.

+++

Appreciate more please?

Releasing kidnapped Indians - the difference between seafarers and shore-staff

Can YOU spot the difference in the way the Ministry of Shipping and DG Shipping take forward matters for seafarers, and how the Ministry of External Affairs does so for others?




Here's a report from Mail Today/India Today:-


http://indiatoday.intoday.in/story/pranab-mukherjee-helped-free-kidnapped-indian-in-yemen/1/165246.html


http://epaper.mailtoday.in/epaperhome.aspx?issue=21122011

Pranab hand in freeing kidnapped Indian

Dipanjan Roy Chaudhury/ New Delhi

FOR Sukumar Roy Chaudhury ( 65), a Delhi- based geophysicist, his tour to Yemen was meant to provide a boost to his career. Instead, it turned out to be a nightmare. Chaudhury was abducted and held captive by the infamous Hussain gang for 10 days before he was freed a few days ago for a ransom of ` 5 crore. An IIT alumnus, Chaudhury is employed with a Faridabad- based oil and gas company. He was sent to Yemen to work for a local company with which the Indian firm has a tie- up. Chaudhury was kidnapped along with three Kazakh engineers when they were on their way to the work site, 150 km from the Yemeni capital, Sanna. A ransom of ` 10 crore was demanded for his release. While in captivity, Chaudhury was made to sleep on the floor and was given food once a day. Fortunately, he was allowed to use the phone. This enabled Chaudhury to contact his wife Anita who immediately got in touch with finance minister Pranab Mukherjee to secure her husband’s release. It has been learnt that Mukherjee acted swiftly and moved the ministry of external affairs ( MEA) to secure his release. It was nothing short of a secret mission launched by the MEA which saw Chaudhury being freed without much hassle. Though there were fears that with the government’s involvement the kidnappers could raise the ransom amount, the deal was finally settled for ` 5 crore. Currently lodged in a five- star hotel in Sanna, Chaudhury is expected to be back with his family in a few days after the legal formalities for his travel are completed. +++ And here's a report from the MASSA Newsletter of September 2011 for what the owners, agents and DG Shipping are doing for the seafarers stranded / kidnapped in Somalia especially those on the fully RPS compliant DG Shipping approved Indian Government authorised articles and agreements, working on Indian CDCs:- Meeting of OMCI Shipping with MUI / NUSI / MASSA for updating status of Asphalt Venture crew held captive in Somalia on 19th September, 2011. Capt. S. B. Kundargi, Secretary, MASSA attended the meeting and following is the gist of the meeting. Representative of Owners stated that owners are finding it difficult to continue expenses on account the seven seafarers held captive in Somalia. NUSI countered that all expenses will have to be borne by Owners as being done so far. Similar views were expressed by both at the meeting with DGS also. DGS has advised OMCI to discuss with Capt Vinay Singh on counseling methods used. They may also contact V Ships and Capt Rangnekar. Owners will now contact Red Cross directly without DGS involvement but keeping DGS advised on developments. DGS advised that pirates generally have been allowing medicines to be delivered to hostages and OMCI/Owners should check with family members on requirements and arrange accordingly. OMCI stated that their representatives are in regular contact with the seven seafarers. All are healthy but some with complaints of skin infection. They are kept in huts and are being shifted to different locations. 3) Meeting on 22nd September, 2011 in DGS Conference Room to discuss Creating Awareness about Merchant Navy in Tier 3 and 4 cities. The preliminary meeting of the committee for working out modus operandi to create more awareness of seafaring profession was held under the chairmanship of Joint Director General of Shipping on 22.09.2010. ++++ And then, the same DG Shipping had this meeting:- The modus operandi to create more awareness of seafaring profession: The Chairman explained the need for creating awareness of seafaring profession. The steps taken earlier on this issue were discussed. It was pointed out that during 2007-2008 road shows were arranged with involvement of INSA, FOSMA, & MASSA. Help lines were also introduced by MASSA & FOSMA. However, all these activities are at present practically not functional due to various reasons. Mckinsey report has indicated that there is additional demand on requirement of manpower in world shipping, which indicates that, the requirement of Indian resources in the coming years is going to be doubled. Hence, this issue needs detailed deliberations to work out a feasible road map to attain the target. Formation of sub-committee is, therefore, the primary need & this group itself may be formed as a sub-committee. It was also pointed out that the financial support to the project may also be forthcoming from overseas agencies for specific initiatives. FOSMA and MASSA representatives pointed out that if efforts have to be put up to create an awareness among the general public regarding the seafaring profession, it will be advisable to conduct road shows and to target students of 10 to 12 standards preferably during the start of the academic sessions in schools and colleges. They were also of the opinion that quality of marine training is declining and opined that a system shall be evolved by which the responsibility of academics will be with Indian Maritime University and the responsibility for the competency will be with Directorate General of Shipping. General awareness can also be created by printed material, electronic media & road shows, among other means. INSA was of the concerned view that there is a huge turn out from the Maritime training Institutes but due to lack of training berths, there is excess manpower available. The training is at present commercialized. Hence, awareness of seafaring profession is not warranted at this stage. The need for quality in training has to be given priority at present. Perhaps evaluating and benchmarking for the training institute may help the students choose the correct institute. After a detailed deliberations on the issue the following decisions were arrived at which can be put forth to the National Shipping Board. 1. The issue on creating awareness of seafaring profession has to be looked into comprehensively considering the present manpower availability, quality of training imparted, management and control of training institute, etc. 2. Considering the above it is advisable to have a two track approach as follows i) Enhancing the quality of training including controlling of the training slots in view of training berths, by controlling & monitoring by weeding out infructuous institutes, encouraging the 100% placement granted instead, i.e. sponsorship for admission for training. ii) Creating awareness of seafaring profession by following means. Awareness programme- multiprong approach - counseling in schools, advertisements, participation in education fairs, e-media, visual media, etc. Both these functions can be parallel taken up in a gradual manner. 3. The sub-committee has suggested that the above members may work on this issue and give their specific and elaborated recommendations after subsequent meetings. +++ Truth is this:- when senior seafarers go to DG Shipping for help in such cases, then people like Capt. Harish Khatri are reported to have told them to get out or he will call the police and have them arrested - forgetting that in this day and age these things are so easily recorded, both audio and video. Do our shipping administrators think that we are still supplicants dependant on them, isn't the DG's interview in SAARC Journal quoted below reason enough for them to hang their faces in shame?

Brilliant hard-hitting interview of DG Shipping Dr. SB Agnihotri in latest SAARC Journal of Transport

Full interview shall be posted soon. Interim, excerpts:-

"The Directorate has immense scope for corrupt individuals to thrive. The age-old practices, rigid rules and regulations provide enough fodder for manipulation. The MMD, a major department under the Directorate, is known for over regulation, micro control and unfair practices."

From the day I was a cadet on the TS RAJENDRA, I was exposed to blatant corruption in the system, and all was kept quiet under a sort of "omerta" (Mafia code of Silence) - whether it was the pre-joining classes held by "HorsePiss" the Chief Steward's sister which guaranteed admissions, the vouchers signed for recreation of cadets which were used for Plaan's parties, the lousy food we got, the terrible sanitation, how we were taught to fudge records for LSA, FFA and Medical as a part of our training, and all the rest that went with it.

When we got down for our "tickets", we knew where to go for "sets", how to find out which "set" was going to come, how to fiddle the writtens, how to set-up orals with certain examiners (I sailed with one of them after that, and he would regale us with tales of how much for what and by whom . . .)

Moving on to chartering, forwarding, and more, and then the whole thing of dealing with the offices of the DGS and MMD and more . . . what, after all, does a welfare officer do? How do you trust a National Association of Shipowners where most of their fleet is flagged out?

All this, and more, but wait for the full interview. Or subscribe to the magazine . . . .

http://www.saarcjt.com/home

Piracy in the Indian Ocean - the impact on seafarers

For the last few years I have on more than a dozen occasions and now rising rapidly, met with family members of seafarers stuck in piracy and similar captivity episodes, as well as with seafarers who have returned from such episodes. This does not include the list of people who have been victims of criminalisation of seafarers.

Let me be very clear - some common threads go through all of them:-

# Most of them do not wish to be identified. The fear is as much from the long arm of the pirates, which are said to extend to within the established routes in India, to a fear of the unknown in as much as they have to content with social pressures as well as other pressures from various "authorities".

# A few have suffered tragedies - in three documented cases, the Indian seafarers have died as a direct consequence. A few more have lost their marital relationships. Yet some more are so traumatised that they are simply unable to function, leave alone go back to sea.

# The less said about support from the employers or the authorities after release, the better, because in most cases it simply does not exist. Forget compensation, even wages on service during period onboard are subject to the whims and fancies of those who would hold up full amounts due for minor clarifications.

+++

Here, is one of the first most graphic reports on the subject, by the Master of the mv RENUAR, a Panamax bulk carrier which was following every rule in the book to keep pirates at bay - except strong citadels and armed guards.

http://piracy.lloydslist.com/captive-an-experience-never-forgotten/


http://www.youtube.com/watch?v=pb1VAgYkUiY



In the Master's own words:- ""The ship was 550 miles off India, 1050 miles off the Somali coast and close to the Maldives. It was heading north on a course given to it by the UK Maritime Trade Organization’s centre in Dubai, where it had been sending daily position reports, when it ran straight into a waiting pirate mothership. Capt Caniete had been putting the crew through ant-piracy drills, the ship’s railings were covered in barbed wire and the fire hoses rigged to pump water over the side of the ship at the press of a button. Dummy watchkeepers had been rigged around the side of the ship to make it look like they had more than the 25 crew onboard. But it was not enough on a large, slow drybulk vessel with a low freeboard.""


Do take a look at the enclosed video. Some pictures are traumatic and viewer discretion advised.

+++

Official Indian Government Indian Navy position on piracy . .

http://neptunemaritimesecurity.posterous.com/admiral-nirmal-verma-draws-attention-of-chief

October 21, 2011 Admiral Nirmal Verma Draws Attention of Chiefs of Navies to Criticality of United Action Against Piracy
An International Seapower Symposium was held in New Port, Rhode Island, USA under the aegis of the US Naval War College . The theme of the 20th edition of the symposium was "Security and Prosperity through Maritime Partnerships."
More than 110 nations, with 75 heads of Navy and 22 heads of Coast Guard, attended the Symposium. Admiral Nirmal Verma addressed the symposium in its inagural session on 19 oct 2011. Drawing attention of the world leaders of Navies and Coast Guards to the need for united action against piracy, Adm Verma reflected the Indian stand that “the international efforts towards combating piracy would benefit if there were fewer disparate task forces and independent naval operations. India’s relative autonomy of efforts towards combating piracy offSomalia can be traced to its preference for a UN mandated operations which we believe if adopted would holistically enhance the efficacy of operations”.

[NMS Note: The Admiral's full speech follows below:]



CNS’ ADDRESS AT THE 20TH INTERNATIONAL SEA POWER SYMPOSIUM

Admiral Jonathan Greenert, the Chief of Naval Operations, United States Navy , Chiefs of Navies and Coast Guards present with us this morning, Admiral Christenson: President of the United States Naval WarCollege- our gracious host, Flag Officers, Distinguished Delegates, Ladies and Gentlemen. It is always wonderful to be back at the Alma-Mater. From what I remember, Newport weather has always had the reputation of a temperamental lover – warm, wonderful, or, chillingly cold –most definitely, almost always – delightfully unpredictable. Today has been wonderful so far and let us all share our optimism for the rest of the week!



At the outset, I would like to thank Admiral Jonathan Greenert and all the organisers of the International Sea Power Symposium for affording me the opportunity to speak to this august audience on a subject that has affected mariners since times immemorial and yet is very contemporary - maritime piracy.



The difference today is that piracy at sea which was previously primarily robbery has now morphed into an elaborate network of operations to extract enormous quantities of ransom. Ransom amounts have increased to an average of 5.4 million USD per ship, from just 150,000 USD five years ago. According to a recent study by One Earth Future the economic cost of piracy maybe as high as 12 billion USD a year. This translates into increased operating costs, environmental expenses view rerouting of ships and most importantly, tremendous human costs. Even as we speak, 09 ships with over 300 seafarers of a range of nationalities, including 53 of my own countrymen are presently hostages in this contentious conflict. Lethal force and physical abuse are increasingly being used by pirates to leverage ransom negotiations.

The roots of Piracy are diverse; predominantly, political instability which has created a void of governance and economic opportunities ashore resulting in the manifestation of this menace at sea. Also worth reflecting upon, are the Somalian claims that the origins of piracy can be traced back to illegal fishing by other countries and dumping of toxic waste in their EEZ. Given the complications involved, no single response will solve the problem. While there may be some ambiguities about what we can or should do, there is no doubt that the fundamental prerequisite to any solution is the collaborative engagement of a wide range of maritime nations and littoral states. In this context I would highlight the work of the Contact Group on Piracy off the Coast of Somalia (CGPCS) under the aegis of the United Nations, which we believe is doing sterling work for coordinating international cooperation particularly information sharing. In the similar vein are the efforts of the Shared Awareness and Deconfliction (SHADE) initiative and that of UK Maritime Trade Operation (UKMTO) which functions from Dubai. These engagements have facilitated an agreement between independently deployed navies like Japan and India to coordinate their anti piracy operations, so that international shipping has more flexible options for escort schedules.

Beyond piracy’s complex genesis, it is interesting to highlight the metamorphosis of pirate activities. Despite multinational efforts, the number of incidents and net effects of piracy are on the increase with seasonal variations on account of the monsoons and geographic shifts dependent on the presence of naval units. The international efforts off the Gulf of Aden have resulted in piracy spreading to other areas of the Indian Oceanwhich had not experienced these attacks earlier. Some of these areas have been not too distant from India’sLakshadweep and Mincoy group of islands and naturally therefore this has been a cause of concern to us. It has become evident that pirates are changing their modus of operations as they have been observed to use hijacked merchant vessels as mother ships. This has given them an extended reach of over 1000 nautical miles from the Somali coast.

Given their changing tactics and operations, it is as Clausewitz would tell us imperative to strike at their centre of gravity, ‘the hub of all power and movement, on which all else depends’. To my mind, their Centre of Gravity is the elaborate network of financers that fund operations and facilitate revenue collection. A recent UN report revealed that of the ransom paid in each incident of piracy only 20% reaches the pirates, while financers and sponsors hive off 50%. The question that begs to be answered is that how do they manage to divert funds in so unfettered a manner? Therefore, there is a need to build a strategy beyond multinational maritime counter piracy operations to facilitate tracking of the fiscal trail.



It is important that our efforts be cultivated before what is at present a relatively benign problem of piracy, develops a nexus with radical terrorism which has a cancerous potential.



Moving on to what we are doing and some thoughts about what it is that we can collectively achieve.



What we are seeing today is a hitherto unprecedented, full and willing cooperation between a wide range of navies to combat piracy by providing credible deterrence thereby enhancing commercial confidence and facilitating the freedom of navigation in the global commons.



What is required is the collaborative engagement of both major maritime powers as well as the littoral states. The importance of littoral states towards a viable solution was best amplified by the success of the South-East Asian countries to combat piracy. While it is obvious to highlight that Somalia is a failed State, in stark contrast to the economically vibrant Southeast Asia, nevertheless, Somalia does have comparatively stable neighbours who could contribute to a regional response and international efforts could provide impetus to the fledgling Somali Coast Guard. Larger maritime forces could facilitate training of local navies and coast guards.

We in India are particularly concerned about the safety of mariners in the Indian Ocean since we are geographically centred aside the major shipping routes in the region. Units of the Indian Navy have been tasked to carry out escorts in the Gulf of Aden, irrespective of their nationality, since October 2008. So far, of the nearly 1800 ships that have been escorted by the Indian Navy in the Gulf of Aden, more than 80% have been flying flags other than Indian. I had mentioned about the shift in the areas of operations of the pirates closer to our island territories and consequently we have had to increase our anti piracy deployments. This resulted in four pirate mother ships being intercepted by the Indian Navy and Coast Guard earlier this year. Consequently, there has been a reduction of piracy incidents in the area and we intend to maintain this posture to assure international shipping.

Subsequently, we also noticed a shift in the ISLs in the Arabian Sea as merchant vessels attempt to avoid piracy prone areas. Some of these new routes are 15 to 20 nautical miles off our coast and there have now been instances wherein regular fishermen have been mistaken as pirates. In this cycle of ‘cause-effect-cause’, there is a real danger of innocent casualties on account of mistaken identities. We have therefore issued advisories on this aspect.



If piracy is to be deterred, the present ‘risk versus reward quotient’ must be inverted exponentially by the development of appropriate laws and Rules of Engagement. These require both national and international consensus which can be facilitated by an exchange of the first hand operational experience of navies presently involved in anti piracy operations, beside ideas from legal and academic circles as well as the expertise and local knowledge of the regional players.



Naval forces have been facing a major dilemma about apprehending pirates at sea, due to the inadequacy or ineffective legal mechanisms to prosecute pirates who have been arrested. It is estimated that 9 out of 10 apprehended pirates benefit from the 'catch and release' policy followed by most navies till now. In India we are presently faced with the challenge of prosecuting over a hundred pirates apprehended by the Indian Navy and held in our country. We have moved to make new and effective domestic laws, and we hope to have these in place. I am sure similar challenges are being experienced by other countries as well and if we can share experiences in this regard, it will be a positive step in our collective fight against piracy.

While many of these are policy issues that may take time to craft consensus, there are operating procedures that can be adopted immediately.

The Best Management Practices that have been published suggest a variety of planning and operational practices for ship operators and masters of ships transiting through high risk areas. This is a noteworthy initiative which includes suggestions such as having high freeboards, proceeding at high speeds, use of barbed wire and water cannons, employment of sentries and establishing ‘citadels’ or ‘safe rooms’ onboard. One measure that is increasingly gaining preference is the use of armed security guards. In this context the maritime community has to be cautious of cases of mistaken identity which I had alluded to earlier.

To mitigate such risks we have been using acoustic devices that have long range capability with built inphraselators that facilitate passing instructions in Somali language.



Towards minimising the possibility of situational escalation we have resorted to a rather unique measure of using our ship’s life rafts. Once the mother ship has been forced to stop, the pirates and crew are made to leave the mother ship and get on the life rafts released by the naval ship. This ensures that the pirates cannot carry arms; after which, they can be brought onboard for further investigation.



The shipping community could consider installation of mechanisms to disable their engines once it becomes evident that pirates are succeeding in gaining control. This may discourage their attempts to commandeer the vessel with of course the attended risk of force escalation by the pirates on account of their frustrations. This reemphasises the importance of establishing a citadel onboard.



Finally, I would conclude with the reflection that, the international efforts towards combating piracy would benefit if there were fewer disparate task forces and independent naval operations. India’s relative autonomy of efforts towards combating piracy off Somalia can be traced to its preference for a UN mandated operations which we believe if adopted would holistically enhance the efficacy of operations. Our Prime Minister in his speech at the UN General Assembly last month called upon the comity of nations to evolve a comprehensive and effective response to the problem of piracy and has assured the world of India’s readiness to work with other nations in this regard.

With these thoughts I conclude my remarks.

This article was posted by Neptune Maritime Security via pib.nic.in. To find out more, please visit www.neptunemaritimesecurity.com

Taxation and the Indian seafarer - NCV, FG, NRI - impact India and elsewhere . . .

While the plight of the Indian seafarer is slowly but steadily becoming one of the more important subjects on this medium, along with the subject of maritime fatigue and the larger effect it has on seafaring as a career option, another subject which draws the numbers is taxation.

This article written by me, almost a year ago, still draws in regular readership as well as questions:-

http://matescabin.blogspot.com/2010/11/so-are-you-nri-or-what.html

Aimed more at the NRI seafarer, spending 6 months or more at sea on foreign or Indian flag, there is still nothing new on the subject of how the new Direct Tax Code will impact the Indian seafarer seeking NRI status. At the same time, great movement in the world on international taxation and especially in context with the tax havens where shipping companies are often registered, is bringing major changes. And the Indian seafarer is not going to be immune from these vital changes.

So a word of caution - as a resident or an NRI seafarer working on foreign or Indian flag ships, the requirements to be fulfilled by the Indian seafarer were mainly as per Indian laws. This will change soon, has been changing, and very soon compliances of flag state of vessel, flag country of management company, flag country of vessel owner, and flag country of beneficiary owner, will also in many ways impact the status of the seafarer working onboard a ship.

To give two examples:-

1) You could be a resident of anywhere in India, but if your shipowner or shipmanager was from Maharashtra, then sure as day follows night, a deduction for Maharashtra State Professional Tax will be made in your accounts - especially if your articles, agreement and other documents were signed on a Mumbai address. (Whether the shipmanager or owner actually remitted that money to the Maharashtra Government or not is another question altogether . . .) It does not matter if the vessel was registered in Mumbai or Mongolia, you will pay a few hundred rupees every month.

2) The 'front" or even the beneficiary owner of your ship could be an entity whose eventual citizenship or domain is in any of the developed countries, after passing through one Flag of Convenience address and maybe one or two tax haven addresses, but eventually, the owners are individuals or corporates based somewhere. Their taxation adherences and evasions are increasingly being passed on to their custodians, employees, agents - and have you, especially as a Master, read about your liabilities lately? Not just pollution related . . .

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It is a very serious matter, this business of signing two or more contracts as a seafarer. Apparently, it has become the norm, especially on Indian ships, to sign one lower figure for the official Government articles and another higher figure as a separate agreement nullifying the first to some extent. And after showing it to friends in the IRS, their considered opinion is that it is a very dangerous matter, and needs to be investigated further.

Situation being like this:- what happens when the taxman uses the second agreement, loads it with all kinds of demands basis perceived income when in reality you may not even have been paid, and then presents you with a demand? Leave aside the sheer illegality of making a seafarer work on two separate agreements which is for the DGS to look into - where in the MSA does it say that an Indian seafarer on an Indian flag ship or otherwise has to sign two agreements?

To start with, and this needs to be implemented by all shipowners and management companies immediately, there should be only one agreement for one seafarer working on one ship. And that is the articles. If union wages are low, which they are, and a higher wage or salary has to be paid, which is often the case, then so be it - let the higher wages be reflected on the articles. There is no rule that prohibits this.

And you, as an individual seafarer, have everything possible to lose by signing two separate agreements for one job. Another view the income tax department can take is that you were actually due to get paid both amounts, so now sit and explain why you got paid only one, meanwhile please deposit . . . yes, it can happen.

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So here's a brief primer on the latest taxation scenario for seafarers working onships with all sorts of possible documents, and getting paid by legitimate means.

1) Are you an "employee" as defined by the company hiring you? In which case, you need to be on their rolls, get TDS deducted as an "employee", have EPFO subscriptions or equivalents and in general, satisfy the conditions applicable to other employees in the same company. That's a given. Yes, I know, the ship-owner and the ship-manager will convince you otherwise, but.

Since most seafarers on floating staff basis are not shown as employees by the shipping company or shipmanagement company, they don't realise it, but they as far as taxation is concerned end up being shown in the company's books as "consultants".

So now, it seems that you are a consultant, an Indian person in an Indian company, so what are your liabilities from the income tax point of view?

1) Nature of income as a consultant is classified as income from profit and gains of business. So now you start claiming deductions of expenses and depreciation while calculating the taxable income, which you can not, as an employee. Works fine, till the Income Tax authorities can ask you - where else were you a consultant. Nowhere else? Uh-oh, this can be classifed as income. Pay tax, no deductions for expenses and depreciations.

2) Books of accounts. Especially if you were claiming to be a "consultant" as an engineer. And remember, once you cross 15 lakhs, then all become mandatory.

3) Advance Tax. Ouch, forgot that one, almost?

And finally, very soon, expect all "consultancies" to come within the ambit of "service tax" too, which is not under Income Tax but Excise Department.

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Indian seafarers working in Indian companies are supposed to be under the protection of the Directorate General of Shipping, who are supposed to be looking after their welfare, not sending them into deeper trouble.

The root of this problem is the issue of dual (or even more) agreements between seafarer and shipowner/shipmanager. This has to be brought to an end right away.

And Indian seafarers working on Indian ships need to be employees, with proper tax adherences and the full protection that goes with it.

That's step-1 in improving matters for Indian shipping. Otherwise, if the shipowner and shipmanager couldn't care less about the people on board their ships, then the rest is somuch hot air.

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What ails Indian Shipping (Another view . . .)

Here's a link to yet another brilliant article by Manu Mahajan on what really ails Indian seafarers lately, and the role that the employers as well as authorities have to play in this - it is pertinent to point out that one of the DGS babus previously apparently a Master Mariner was kind enough to tell a seafarer wgo had a genuinely serious issue that "did you think you can just pick up the phone and call me?" Said seafarer then told him, fair enough, if I can't call you on phone during office hours, then may be better come with a can of kerosene and do self-immolation outside his office, would that be better.

I have been at the other end when some other people have called the same dude, and he has been like "yes sir no sir 3 bags full sir", because that said person put it on speaker for my benefit.

http://oldsaltshaker.blogspot.com/2011/10/inside-shipping-war-we-do-not-see.html

Manu, as always, gets the point across with his sharp observations.

But more than that, it is the feedback I am getting from younger seafarers, many of whom are moving on to other options, that something is very wrong with the way the marine administration in India is ostensily functioning.

Let us have your views, too, and as always, confidentialities maintained.

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quotes:-

Today, I watch from the sidelines, sometimes anguished and sometimes angry, as this war damages the industry near-irretrievably. Thirty two year old Masters tell me why they are quitting. Young Second Mates talk to me with lesser composure and greater angst, but some of their reasons are similar to those of the seniors'. Young cadets tell me why they will quit 'within five years'. And ratings look shell shocked, convinced that the choice they made- or that was made for them by family, in some cases- was absolutely the wrong one.

The battle is one sided, but it is still being waged all the time, overtly and covertly, by almost every small and large minion at many- even most- shipowning or shipmanagement companies today. (Shabby treatment of seafarers is a given in government setups like the MMD or DGS too, but for reasons more to do with misguided bureaucratic self-importance than commerce).

The battle is waged when second rung clerks of often third-rate calibre are unleashed on crews at every interface with these body-shopping outfits. The overt battle has other weapons in its armoury when it comes to senior officers, who are more subtly made to feel inferior to their counterparts ashore, some of them ex-sailors now often unfit to sail for one reason or another. Officers will be often treated poorly at every stage of their interaction with the office, whether at sea or not. Even entry-level management trainees are treated much better ashore, especially in businesses with high attrition rates, but shipping must serve its hidden agenda; it must cut off its nose to spite its face.

Defaulting RPS agents in India, and some info on Killick and Ind-Aust

As most of my seafaring and shipping friends in India should know, shipping companies and agents are prohibited by law from preventing or detering seafarers from gaining employment, and most certainly entities like FOSMA, MASSA and INSA and agency or ship-owning companies under them cannot use, as per Rule 3(d) ""no means, mechanism or list is used with the intention to prevent or deter seafarers from gaining employment.""

Here is the url:-

http://www.dgshipping.com/dgship/final/rules/ms_recruit_placement_seafarers_2005_Cov.htm

Read the whole thing but also please see 3-d, and in this case, in a similar related case relating to Killick Marine, whose RPS licence was expiring on the 17th of October 2011, and it is likely that the complaint about Killick Marine had been placed before that date.

58 Mumbai M/S. KILLICK MARINE SERVICES LTD., MUMBAI 9, Commercial Union House, 2nd Floor, 9, Wallace Street, Fort, Mumbai - 400001. -- RPSL-MUM-039 18.10.2006 17.10.2011

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In addition, over the last few days, I have received copies of letters written by some companies to other companies "black-listing" seafarers. Along with this, I have received information about non-payment of dues, bad behaviour, demand of bribes by recruiting officers as well as others, and similar.

This blog proposes to start its own "Now Investigating List" of defaulting agencies and owners, and the opening names for "NIL companies" are:-

1) Killick Marine / Mumbai / RPS MUM 039
2) Ind-Aust / Mumbai /

More details will follow, as well as specific complaints.

All seafarers with complaints against agencies and shipowners in India are encouraged to get in touch with the undersigned in confidence.

Jai Hind, for better shipping from India!!

(ps: Just received a phone call from some chump saying that "Farshid Savaksha who is GM of Killick Marine in Mumbai has told me to tell you to remove Killick Marine's name from the list. Or . . .")

Or what else, chump? I actually want Farshid Savaksha's parents, family, friends, children and neighbours, and everybody else who knows him, to read this - Farshid Savaksha was and is responsible for ruining the career of a decent human being, and will now soon pay, in this world and the next, for his sins.

kêm-nâ mazdâ mavaitê pâyûm dadât
hyat mâ dregvå dîdareshatâ aênanghê
anyêm thwahmât âthrascâ mananghascâ
ýayå shyaothanâish ashem thraoshtâ ahurâ
tãm môi dãstvãm daênayâi frâvaocâ.

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To quote:-
The Respondents knew well that the DG Shipping is in very truth the statutory guardian of the Indian Shipping Industry, and guards jealously the standing of Indian seamen. To such an Officer an appeal invoking the larger interests of Indian shipping and Seamen could be nothing short of a provocation, a provocation to intervene and ensure Divekar's blacklisting. . . read on:-

http://matescabin.blogspot.com/2011/10/uasc-of-uae-and-kuwait-and-killick.html

It took Capt. Divekar 10-11 years to get justice, but at the end, despite lack of any support from the Unions or DG Shipping, he did get it. For years, we have been hearing about shipping agencies maintaining "blacklists" of Indian seafarers, especially in cases where seafarers who had not been paid, or had been sent to work on unseaworthy ships, or similar, chose to demand their rights. Now copies of these so-called "blacklists" are out in the open, and in most cases, reflect nothing more than the personal opinions based on petty desperation and revenge that some of these so-called "agencies" put out - in some cases almost like blackmail weapons against Indian seafarers. In this case, Killick Marine, one of the so-called oldest and most reputed agencies, is one of the respondents.

Some of us have made a recomendation to the DG Shipping in Mumbai and the Ministry of Shipping in Delhi, as well as to certain private trusts associated with Killick Marine's personnel in this case, to suspend Killick Marine's RPS licence till this investigation on how they ruined the life of Capt. Deepak Divekar is completed.

We urge you to read this 100 page submission. A copy of the award shall be placed online soon, but interim, the big question here is this:- who is spoiling the name of Indian seafarers, the corrupt amongst the agency companies where the truth on maritime recruitment is well known globally . . . or the poor suffering Indian seafarer who has to face battle at every step from training and recruitment onwards?

YOU be the judge.

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A request to all those with complaints against Owners, Agents, DGS-MMD or others.

http://matescabin.blogspot.com/2011/10/blacklist-of-defaulting-owners-and.html

The number of hits and views on this article are surprising me. I agree, the authorities have been their usual delightfully vague selves as usual, that is what the truth is so what else is new - and so many of you appear to have no other avenues to take your issues to. It is well known that matters are reaching a point of intense frustration with seafarers for a variety of reasons and there often seem to be no options/

Agreed, I shall help, to the best of my resources.

But in all fairness, anonymous and slanderous complaints will not be entertained. And violence is certainly not an option.

I would like to see signed hard copies of complaints, if any, and shall protect identities wherever required. This is the least one can do, because more than a few messages of complaint appear to be motivated, and also appear to be from competitors trying to give other management companies a bad name. How do I know this?

Well, it is quite evident by the pattern - there appear to be some set group or groups which are targetting other management companies, and so, not over my shoulder.

If you are an individual seafarerer, however, please feel free to write to me, and I shall take it from there, step by step, to my best abilities.

Thank you and humbly submitted.