Sarosh Zaiwalla/s views on piracy and more

Cortesy ecoterra status on piracy dated 27/28 november 2011.

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MO Representative Speaks Out On The Piracy Of Freight Shipping Off Somalia (HandyShippingGuide)
Anger at the Current Situation Pervades the Industry Worldwide
Our article of a couple of days ago told of the Assembly of the International Maritime Organization (IMO) which is currently meeting in London and mentioned in passing that piracy remains high on the agenda. Now Sarosh Zaiwalla, a specialist in shipping law and a Permanent Representative to the IMO has commented on the current situation as regards the hijacking of bulk freight and container vessels passing through the troubled waters of the Gulf of Aden and beyond.
Mr Zaiwalla’s comments illustrate the increasing frustration which the global shipping community feels as year after year the problem of piracy worsens whilst little seems to be happening, either to address the political problems in Somalia, or to take internationally coordinated steps to deal with the situation directly using an armed response. Speaking to the Handy Shipping Guide Mr Zaiwalla said:
“In October, I addressed the Indian Shipping Summit in Mumbai. As a commercial lawyer who specialises in Shipping Arbitrations, I thought I would be asked about cargo disputes and Bills of Lading. The Indian Shipping Community however, despite always being a profoundly commercial group, had one thing on their minds that overtook even their bottom lines.
“International World Trade relies on the ability of traders to transport huge amounts of goods on giant moving structures across the most hostile seas in the world. These traders face enough challenges from nature and ill-fortune. It is nothing short of outrageous that, over the last few years, ship owners and seafarers have been forced to add the very real threat of violent piracy to the dangers of their normal lives. Piracy is a major threat not only to the shipping industry, but also to peace throughout the globe – if the world does nothing to stand up to people who use AK-47s and grenades to take the property of others, then what will stop thieves adopting the same tactics on the land?
“The Gulf of Aden off the coast of Somalia is now almost a no-go area for international ships. The most recent large scale act of piracy took place during the Indian summit, when the Italian ‘Monte Cristo’ was captured in this area. The crew managed to hide in their citadel, while the rest of the world wondered what could be done. It is a matter of great satisfaction that an international NATO force took charge and freed those men, but that is something that has not happened enough. More commonly, ransoms are paid for seafarers and cargo, meaning that expensive ‘Kidnap and Ransom’ insurance policies have added to the cost of shipping.
“The individual navy vessels from different countries that attempt to counter piracy are few in number and grossly inadequate for the task of patrolling the whole of the Indian Ocean. There is at present no coordinated approach. As a result, pirates are often captured only to be fed and returned to Somalia, free to go back to their old work of piracy.
“If international forces are to coordinate in order effectively to tackle piracy in the long term, I believe that they must combine their efforts into a UN Naval task force. This force could then concentrate on patrolling the coast of Somalia, from where the vast majority of the pirates emerge. I hope that we will all be surprised by the effect that could be brought about by such a force monitoring all small vessels leaving Somalia’s coastline to ensure they were genuine fishing vessels.
“With that in mind, I have used my position as a permanent member of the International Maritime Organisation (“IMO”) to force the issue. I had intended to move a resolution at the IMO for this purpose, but I will not now do so, as the Secretary General of the IMO has informed me that he himself with be moving this resolution. At the IMO’s General Meeting in November I hope to contribute to the pressure that will be required to create a Naval task force that may be able to save many lives, as well as a lot of money, by taking control of the Indian Ocean back from the pirates.
“Short of the creation of a UN naval taskforce, it is not going to be practical to control the plague of piracy. The Somalian pirates are effectively the same as any other terrorist. The only difference is that while international terrorists have so far indulged in acts of terrorism for the sake of their professed political causes, Somalia’s pirates indulge in terrorism only to fill their own pockets.
“Arming ocean-going vessels will go some way towards dealing with pirates, but for this course of action to work, many obstacles must be overcome. For example, Egypt will not allow vessels passing through the Suez Canal to carry on-board guns and ammunition. What also is of concern is the growing ‘industry’ around piracy. The total losses to the International Trade Community on account of piracy in the year so far is estimated to be US$2billion. Out of this US$2 billion, only about US$110 million represents ransom paid to the pirates, just over 1% of the total loss. The rest of the loss is mainly represented by increased insurance premiums, the cost of adapting ships to higher security standards and payments made to the specialist security companies which have sprung up to deal with piracy. At the end of the day, this additional cost falls on the consumer: they increase the freight charges and, consequently, the cost of the goods to the ultimate consumer.
“The 21st Century requires an enlightened approach to combat evils like piracy. It requires the countries of the world to come together, whether or not they share a coastline, to eradicate once and for all the Somalian piracy which has emerged in recent years. Any dragging of feet now would cause serious harm to the safety and livelihood of many innocent people, and would play right into the pirates’ hands.”
Mr Zaiwalla’s views, and those of his Indian shipping industry colleagues are perfectly reasonable but many other observers will be concerned at the thought that more freighters passing through these troubled waters might wish to carry arms, a move which may well lead to an escalation of violence by people who will have no hesitation in using extreme tactics as the disturbing video’s linked to one of our recent articles demonstrated.
Ideally a political solution to the troubles of Somalia together with an officially commissioned military response would be found, but, with the eyes of the world concentrated on a seemingly worsening financial global economy, the question will be if and when impassioned pleas from the likes of Mr Zaiwalla and his IMO colleagues can move this terrible situation on to a better place.

Racism evident in the way New Zealand is tackling the RENA grounding issue?

An interesting and topical article, appended, seeing how the complete "system" in New Zealand seems to be coming together to criminalise the Second Officer and the Master of the RENA, who happen to be Asians (Philipinos), while conveniently ignoring the consequential and direct responsibilities and accountabilities of the people who in the first case set the schedules for this ship and MSC's CAPRICORN SERVICE and then also approved it.

If the New Zealand authotities had even the least bit of interest in finding out why this grounding really happened, then they need to get further with the shipping lines, MSC or competitors, and see what sort of complicity there was in setting thee schedules. Maybe some inconvenient truths will then emerge - who are the people who push such brutal and killing port rotations?

Even a taxi driver in New Zealand is not permitted to work more than 10-hours a day, here within National territorial waters, seafarers often work double that amount per day, basis schedules approved by the authorities.

http://www.voxy.co.nz/national/rena-highlights-flag-convenience-issue/5/105014

Rena highlights flag of convenience issue
:
Voxy News Engine Friday, 21 October, 2011 - 09:41 Manila - The International Seafarers Action Center (ISAC) Philippines Foundation, laments the tragic incident involving the vessel MV Rena of Liberian registry, which ran aground the Astrolabe Reef at the Bay of Plenty, New Zealand.

The damage to New Zealand's ecosystem is enormous, with the oil spill that has already claimed the lives of 1,290 birds, 4 other animals, and that has injured seals, marine life and birds.

The trauma, fear and physical sufferings of the mostly Filipino crew on board, who were made to stay on board the tilting ship for six days without rescue, highlights the human and environmental damage that this incident has caused.

This is further worsened by some racist and extreme right elements in New Zealand who blame the national origin of the Filipino crew for the incident, in order to launch a racist attack on the some 20,000 Filipino migrants who are now in New Zealand.

This is an accident that is waiting to happen. Without pre-empting the results of the on going maritime investigation, this incident reveals the half a century old problem of substandard shipping and the use of Flags of Convenience by unscrupulous shipowners to reduce cost and to amass more profit.

The MV Rena is flying the Flag of Convenience of Liberia although the real or beneficial owners are Greek.

It is an old and substandard vessel that was built in 1990.

For the past 36 months, 50% of inspection for deficiencies resulted in the detention of the vessel.

Last July, 21, 2011 it was inspected and detained in Fremantle , Australia for 17 deficiencies. It is not surprising then, that this vessel would figure, sooner or later, in an accident of this sort.

Many incidents involving substandard vessels flying Flags of Convenience tragically led not only to massive oil spills but to the loss of human lives.

This is regardless of the color of the skin, or of the racial origins of the officers and men crewing these vessels.

We at ISAC condemn the Flag of Convenience system and the proliferation of substandard ships that is the root of maritime disasters occurring all over the world. We are one with the people of New Zealand who shall be battling the effects of this environmental tragedy for many years to come.

Finally we stand in solidarity with the hundreds of thousands of seafarers of all races and nationality who are driven by extreme economic hardships at home and who have no other recourse but to work on substandard ships and Flags of Convenience, undaunted by the serious risks to their lives and limbs.

Oppose the Flag of Convenience system! Ensure decent work for seafarers! Keep our seas safe! - International Seafarers Action Center (ISAC) Philippines Foundation - www.isac.org.ph - isacinfo.seafarers@gmail.com

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.

mv RENA, MSC Chartered ship for Australia/New Zealand service and her schedules.

In a press release issued a few days ago by MSC, MSC Mediterranean Shipping Company S.A in an unsigned note on their webpage said to the effect that they were only the charterers, they did not have anything to do with the navigation of the RENA:-

http://www.mscgva.ch/news/news_detail_eid_403_lid_2.html

However, it is surprising that the media in New Zealand and Australia have not picked up on the schedules set by MSC for their ships, chartered, managed, owned orotherwise. Take a look here at ther "Capricorn" service:-

http://www.mscaustralia.com/schedules/vessel_schedule_import_oz.html

10-11 ports rotation in 13-14 days is inhuman and probably impossible given the rules and regulations supposed to be followed onboard ships. Those who set these gruelling schedules knew this and know this and are again probably from MSC - but hey, they are not responsible, as charterers, right?

Wrong.

Do the maths. With the Master and Chief Officer awake throughout port stays plus approaching and leaving portplus while at sea plus for all sorts of other responsibilities, it would be fair to assume that by the time the RENA was approaching TAURANGA and/or the Astrolabe, things were pretty much knackered on board as far as rest hour regulations were concerned. the other officers, probably junior 2nd Mate and 3rd Mate, would not have had too much rest either.

A look at the time sheets before they go into the ocean would be of interest. If, however, the timesheets as well as the data from the various data recorders onboard can not be salvaged, then some simple maths working things backwards with available records in ports can be done.

And then, after that, find out who were the wonder boys and girls who laid out schedules of the sort that the MSC Capricorn Service boasts of.

For a country, New Zealand, where dirt on shoes can attract penalties for tourists, letting schedules of this sort endanger the complete environmental balance can only make me, a seafarer from far away and simpler India, look on in amazement. Was there nobody in the whole of New Zealand's maritime administration that noted this simple truth - schedules which simply broke every rest hour and logical rule about ship operations?

At the end of the day, it is fatigue in so many cases of incidents at sea - but what are the responsibilities of those setting the schedules, then? The Master and 2nd Mate will no doubt get it in the neck and probably be laid up for life, but what about the more experienced shore staff, who put them on this amazingly intense schedule, with its tragic consequnces?

It is difficult not to get emotional when you see a proud ship breaking her back, helplessly, in a part of the world which one has wonderful memories of.

But the realities are that the schedules set by MSC for the RENA and the other ships on their Capricorn Service were and still are brutal. And they are still on the same brutal schedules, ongoing. And it appears as though governance in New Zealand is doing nothing about it, the real cause.

Readers may wish to take a look at this previous post on the subject of maritime fatigue:-

http://matescabin.blogspot.com/2010/11/fatigue-at-sea-lllloooong-post.html

mv RENA (MSC chartered container ship aground in New Zealand) / AMSA reports

https://www.amsa.gov.au/Shipping_Safety/Port_State_Control/Ship_Detention/201107.asp





Ship name:RENA
IMO:8806802
Flag:LIBERIA
Ship type:container ship
GT:37209
Deadweight:
Year keel laid:1989
Cargo type:containers
Classification Society:American Bureau of Shipping (ABS)
ISM issuing authority:Germanischer Lloyd (GL)
Last special survey:04.2010
IMO registered owner:5567387
Registered owner:Daina Shipping Co, LIBERIA
IMO company:1996297
ISM company:Ciel Shipmanagement SA, GREECE
Charterer:MSC Australia
Date time of detention:21.07.2011 @ 14:00
Port of detention:Fremantle, WA, AUSTRALIA
Date time of release:22.07.2011 @ 20:15
Port of release:Fremantle, WA, AUSTRALIA
Detention period:1 d 6 h 15 min
Delayed beyond scheduled sailing time:0 d 14 h 15 min
Recognised organisation attended:Yes
ISM issuing authority attended:No
Serious deficiencies related to RO:Hatchway cover securing arrangements defective.
Incorrectly tensioned quick action cleat for hatch cover
Cracked compression rubber pad and rusted adjustment thread and not on quick acting cleat
Serious deficiencies relating to ISM:Nil.
Other serious deficiencies:Cargo not stowed and secured as per cargo securing manual.
Securing pins for lashing bar not original
Vessel has not been maintained between surveys.
Conditions of release:MF/HF radio equipment, hatch cover securing arrangements & cargo securing equipment to be permanently repaired as per Flag dispensation.

Post facto analysis and fixing of responsibilities for ships hijacked

The report on the collision of the MSC CHITRA and KHALIJA III by DG Shipping of Mumbai can be found here:-

http://www.dgshipping.com/dgship/final/notices/analysis_chitrakhalijia_120411.pdf

As usual, it meanders around the real causes by going into other usual expected "sack the Master" kind of approaches.

It would be interesting to see if DG Shipping does an analysis on itself as well as the manning / recruitment companies in its fold, who provided the manpower for these ships.

And while they are at is, an analysis on the real position vis-a-vis post facto analysis of what the DG Shipping registered companies actually did about things on board ships which were hijacked, where they had sent people?

The typical manning agent who is DG Shipping registered will evade all responsibility, passing the buck to some unknown "owner", but does DG Shipping also have to toe the same line, and if so - why??

Or are they waiting for a DGCA type exposure on the murky going ons within??

One way of trying to join cruise ships . . .

Advice given to a young man in Delhi on how to join cruise ships - comments and corrections as well as views apprecited and welcome:-

To join cruise ships now, you will need:-

1)  To do 4 x basic courses called STCW/78, these can be done at  SIMS/Bijwasan, and would take about 2 weeks, cost about 15k.

2) An InDOS number, which the institute will apply for you, costs about 800-1000/-

3) Then, with these two things in hand, you simultaneously start looking for jobs, for which you have to check out the newspapers, catering colleges, etc.etc.

4) Once you have an offer, that company will or may sponsor you for a CDC of that flag which their cruise ship flies. There are hardly any Indian pax ships, and they dont require anything like what you have in mind. So it will be Panama and similar. Take a look here:- http://www.tsrahaman.org/  . . . you can do the 4 courses listed in "1" over here and hopefully pick up some grapevine on agents/jobs etc. Pleasant place, residential campus.

5) One more 3 day course called Passenger Ship Course, this is done in Cal/Madras/Mumbai. But is better done AFTER you have acquired a CDC or atleast got somewhere.

6) To acquire a CDC, a govt document, involves some run-around in Mumbai as well as the courses listed in "a". Also a job offer from some shipping line. All the foegin flag consulates are de-facto present there.

You can also do the 4 courses listed in "1" at SIMS (Sriram Institute of Marine . . .) Bijwasan,
http://simsnd.org/courses.php,

These are the 4 courses you will need to do, either at SIMS/Bijwasan (day course) or at TS RAHMAN (residential, nearest station by train from Delhi will be PANVEL, do not go by air or by train to Bombay central)

Personal Survival Technique

Personal Safety and Social Responsibility

Fire Prevention & Fire Fighting

Elementary First Aid
http://simsnd.org/courses.php

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Please also apply to:-

mumbai.leisure@vships.com

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What do you think, short and sweet?

Here's an article published by me at MONEYLIFE, referring to the commercial aspects of claims and counter-claims when cargo ships meet accidents.

This one was with reference to the MSC CHITRA / KHALIJA III collision off Mumbai Harbour.

http://www.moneylife.in/article/8/8064.html

It is always sad to see ships collide, break their backs, capsize, and sink, especially if they are so close to port. Here major media make a circus out of what is actually one of the saddest spectacles.

The MSC Chitra / Khalija III collision outside Mumbai Harbour once again brings into focus the sheer neglect of maritime matters on the Indian coast by the various organisations responsible.

(read on)

http://www.moneylife.in/article/8/8064.html