Here's an RTI on l'affaire RAK AFRIKANA that I filed . . .

To:-

 

Shri S.G. Bhandare, PIO, or incumbent PIO, under RTI Act of India 2005,

Public Authority the Dy. Director General of Shipping,

Jahaz Bhavan,Walchand H. Marg, Mumbai - 400 001 ( India)

 

dtd: 10th May 2011

 

Greetings & Jai Hind!!  Most humbly request information under the RTI Act of India, 2005,  please provide me with the following information. THIS INFORMATION IS SOUGHT IN THE PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.

 

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INFORMATION REQUIRED:-

1) Please provide me a certified copy of following documents held by or available to your public authority. I would also like to inspect all concerned files online personally at New Delhi.

a) Please provide me with full style and address of the RPS agencies involved in recruiting and sending Indian seafarers on board the following vessels which have been hijacked/pirated for the period from 01 January 2010 onwards:- mv RAK AFRIKANA, mv ASPHALT VENTURE and mv SININ.

 

b) Please provide me with full style and address of the entities who are registered owners, beneficiary owners, desponent owners, tax-haven owners, secret owners, any other owners, as well as any entities holding lien on vessel and cargo of the above ships with Indian seafarers onboard:- mv RAK AFRIKANA, mv ASPHALT VENTURE and mv SININ.

 

c) Kindly provide me with information on whether contact has been established by DG Shipping with the entities mentioned in 'a" and "b" above, and if so, details thereof.

 

d) If any of the above said statutory records is not available, the complete details of how it was destroyed / weeded out in each case..

 

e) Electronic access to the catalogue (or catalogues) of all records of your public authority duly indexed in a manner and the form to facilitate right to information, either over the computer networks or in the form of a diskette or other electronic media at the prescribed fees.

 

Sent by eMail and signed hard copy, (signed) and humbly submitted,

 

 

Veeresh Malik,  D-61, Defence Colony, New Delhi - 11oo24   (mobile: 00-91-99118-25500)

 

Note 1:-Application fee of Rs. 10/- in cash shall be submitted within 30 days as per procedure laid down by DoP&T at PIO, DG Shipping, Mumbai, or at any one of the nominated APIOs located at the specified Post Offices in India, and a copy of this application along with receipt shall be sent to you co-terminus. Interim, you are requested to commence processing this RTI Application as per the RTI Act-2005 with effect from date of submission of this electronic copy, also as per the RTI Act-2005.

Note 2:- The public authority, Office of DG Shipping, Mumbai, has not yet published their arrangements to accept / accompany electronic payments for e-filings as per section 6 of the Information Technology Act 2000, is requested to do same, - and hence I am constrained to go to extra expense / trouble to file a routine email request by Postal Department also.

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FOC ships, piracy, dear DGS, who or where is the real shipowner?

Very often, in cases involving Indian seafarers working on foreign flag ships, through RPS companies operating under DG Shipping auspices, the big question arises:- WHO is the real ship-owner? Leave alone fraud issues like fake class, absent P&I cover, lack of insurance, sub-standard rust buckets. The big question is nobody can answer - who is the real ship-owner?

The RPS company, more often than not like in the DGCA scams, are in some way or the other related or otherwise 'friendly" to people at DGS. Same old boy network, yeah, sure. Worked wonders for all of us.

But now our old boys are getting tortured, kidnapped, imprisoned and injured, maimed, even killed. Gone too far. Time to look around and put an end to this, time to fix the rot at DGS before a scam of the DGCA sort hits the ceiling, and media.

One set of simple solutions coming from a few people I spoke with, which is another thing - here in Delhi, the fear of DGS is so all-pervasive, that everybody wants to keep their identity hidden. But OK, so this is it, especially where the real owner can not be traced, and all sorts of other entities come in front:-

1) Indian flag ship wners are covered under MSA and can easily be held  traced and liable under Indian Law.

 

 

2) Issue arises in the case of foreign flag ships which are FOC and through RPS agencies where actual ownership is not known since front company is hidden in tax havens. This is absolutely illegal under Indian laws, for Indian entities to do business with entities who are hiding behind tax havens, and DGS complicity in this needs to be investigated. How is it that our own DGS extends some sort of recognition to companies which are often nothing more than suitcases and laptops hidden in secret offices in tax havens, have they not heard of people going to jail lately, for all this? Better ask around, Shri DG and NA, and soon.

 

 

3) But interim, for immediate relief, we need to demand for Indian seafarers working on foreign flag ships through RPS companies that DGS simply ceases some of these illegal practices and just complies with Indian laws to the maximum effect so that:-

 

 

a) All bank guarantees with RPS companies be increased to Rs 50 lakhs per seafarer instead of present Rs 10000.oo per seafarer. Alternately, a policy for value of Rs 50 lakhs per seafarer be made and deposited with DGS for the next of kin. This number is basis the amount of minimum insurance and under-writing for a junior Government functionary going to Afghanistan on deputation, by the way. Add to that pension and the rest of it.

 

 

b) #Where flag of vessel is same as nationality of owner of vessel, then full KYC guidelines as set down by Ministry of Finance be complied with, before permitting Indian seafarers onboard.

 

 

     #Where flag of vessel is different from nationality of owner of vessel, then full KYC guidelines as down by Ministry of Finance be complied with for both entities, before permitting Indian seafarers onboard.

 

 

c) A separate kidnap and ransom cover to be taken for each Indian seafarer to the value of USD .5 million SDRs for usage towards ransom payments.

 

 

d) A separate death and disability insurance cover to be taken for each indian seafarer to the value of full payments til the age of 65 or 10 years, whicher is longer, in case of death or disability due to piracy/kidnap.

 

 

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Let us face it, DGS is not in a position to reconfirm the genuine-ness of P&I cover or documents of ships calling Indian ports, so trying to do so for ships trading exclusively abroad will be even tougher. Keep the added insurance in India, through Public Sector Insurance companies or GIC, all of us seafarers know that we are living and working in a dangerous profession with our eyes open - but please organise some protection for our families if we get kidnapped or fall afoul of pirates?

So, what do you do if you go to jail?

Relevant for some of us who may end up in jail or know somebody headed there . . .


http://moneylife.in/article/heres-a-jail-primermdashfor-those-about-to-go-in/15840.html


Very relevant for seafarers. Please take time out to read. excerpt:-


"Now, while inside—it is the first couple of days that are relatively tough. I use the term "relatively" because friends who have been inside tell me that even this is nothing compared to the ragging some of us endured as juniors on a Training Ship, or in engineering/medical colleges, or certain establishments training people to wear certain uniforms. Or in many of the hostels that dot our educational system."

Capt. Sahil Puri's research on Criminalisation at Sea

Conclusion

“Wake up higher authorities .I am young and energetic and pretty much optimistic towards my sea service. Kindly take short notice action on criminalisation. Best regards.”

                                                                     - One of the respondents, a Pakistani cadet 

The above statement in my opinion symbolises the crux of the problem that this research was aiming to address. It has shades of despair which reflects the helplessness of the respondent, much the same feeling shared by majority of the seafarers that participated in the survey. Whether it was the insecurity of being treated like a criminal or lack of confidence in the international bodies and governments to deal with this issue, the results were disappointing for the morale of the workforce that is supposedly the engine of the global economy. The results clearly reflected that this problem is deep rooted and no matter what level of shipboard organisation, what department or what type of ship, the issue has had a negative impact.          

On the contrary the above statement also has shades of hope and optimism. Same was apparent in the majority of the respondents who actively came forward to put across their point of view and their suggestions on how to deal with this issue. The wide acceptance that the solutions mentioned in the questionnaire received, is in itself a sign of optimism that ‘Something can be done’.

The only question however that remains unanswered is “Will it be done??”  

(With permission from Capt. Sahil Puri.)   

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Here is the conclusion from Capt. Sahil Puri's most interesting research on criminalisation at sea. I shall be placing his work here, as it becomes available for publishing, on a regular basis. In this case, though, the conclusion was what was more important - so.

Alcohol at sea, drinking on board, and booze tales

One of the more interesting aspects of going job hunting for a berth as 2/o or C/o has to do with the way fleet personnel try to wiggle the truth on alcohol out of you. Mind you, most of them look like they can't last till noon without a few themselves, but then, they're not on the chart table or in the engine room anymore.

Here's a very interesting and realistic article, story, report on the realities of alcohol at sea.

http://seashockers.com/the-seafaring-articles/the-seafarer/drinking-at-sea.html

I particularly like the part where the writer brings out a truth - more people at sea drink alone in their cabins now, instead of socially.

As for me, I did all I had to do as far as booze and nashaa were concerned when I was young. Now it is a glass of wine every week or so, or none at all.

But they still peer at me and drop leading questions!!

BBC ORINOCO, where was the incident, actually?

As has been repeated in many sections of the media, the BBC ORINOCO episode off Mumbai was supposed to have taken place about 450 miles West of Mumbai. Pirates attacked, crew locked themselves up, Indian Navy landed up, crew rescued, and ship back on track again.

Brilliant work by our brothers from the Indian Navy, and hats off, thank you. Hopefully they tracked down the pirates, mother ship et al, and blew them out of the water. Either way, this blog and its writer and many of our colleagues, we thank, salute and are grateful to the Indian Navy - no two ways, the best of the best.

But somewhere the media seems to have got it, incorrect. The wire service report, PTI in this case, is here, and carried in toto by most media:-

http://www.dnaindia.com/mumbai/report_navy-foils-piracy-bid-450-nautical-miles-off-mumbai_1465678

There are some pretty photos up on rediff too, slideshow:--

http://www.rediff.com/news/slide-show/slide-show-1-how-indian-navy-rescued-a-ship-from-pirates/20101112.htm

But. But. But. Do we believe everything the media says, all the time?

Discreet grapevine informs some of us that the actual attack took place just off the Western limits of Bombay High, around 175 miles West of Mumbai, and the pirates were probably "locals".

A cap was presented to the Master of the BBC ORINOCO by the rescue team, apparently, on behalf of the Indian Navy.

So, where was this incident, and if it is right off Bombay high, then what are we looking at? One can understand the discretion on the part of the Indian Navy, but this is extremely serious, right on our doorstep and "local".

Somali piracy now all over the Arabian Sea.

And here is where Al jazeera television gives us seafarers a different camera eye's view on the issue of piracy in the Arabian Sea.

http://www.marinebuzz.com/2009/07/03/somali-piracy-al-jazeera-videos-reveal-more/

The latest attacks, 300-400 miles west of Mangalore and Mumbai, reportedly by speedboats launched from mother ship / deep sea trawlers, makes this appear as more than just some bad dream that will go away.

The bigger issues here are:-

# psychological impact of ship's complement, especially the Master, when heading through the Arabian Sea. Imagine a voyage from, say, West Coast of India to literally anywhere in the world. Are we even aware of what the Master has to answer from crew, onboard ships with nothing more than fire-hose and SSO certificates, when we also know that other ships in the area are carrying armed guards?

# will the crew/officers get their wages when captured is another issue which the Master and company do not have an answer for. A quick poll indicated that people expect atleast triple wages while captured, and some heavy insurance in case of any damage caused during the capture.

One way out would be for the authorities, DGShipping, to ensure that all ships carrying Indian seafarers should:-

* provide insurance equal to total salary paid out monthly to their families while under capture by taking out policies equal to 24 months, and then pay the hardship allowance at twice that again when released.
*provide death/disability insurance equal to atleast 120 months total salary for all seafarers trading Arabian Sea.

This would obviously be in addition to the normal insurance and other benefits in case of any incidents.

I have met some people who have been released after hijacking, or after they were jailed abroad, and most of them have had their spirits broken.

Your views, please? Why should being captured by pirates be treated as anything lesser than a major disability, while on active duty??

Do you know that some seafarers have had to beg for their wages, and what their families are going through while the breadwinners are captured??

Indian seafarer jobhunting feedback for owners/operators/managers

Anybody got any more ideas or comments? Identities shall be protected . . .

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Here's a collection of feedback from seafarers in context with their life at sea, as well as when they visit the shipping company offices ashore:-

# Ship owners and managers should send more inhouse information, especially as pertains to casaulty reports and also company's internal issues, so that those at sea can remain informed.

# Ship manager and owner offices must have better facilities for seafarers. Sitting in open plan offices discussing terms and conditions is not good. Seafarers must be called into small conference rooms for all pre-joining facilities where those who have business with them can come to them instead of seafarers standing in front of clerks like slaves.

# The first point of contact is usually a security guard, who is familiar with regular shore staff, but usually disrespectful to the seafarer who comes occasionally. This needs to be resolved. Seafarers should be accompanies into offices by specially designated people who will coordinate other issues too.

# General waiting areas for seafarers must be cleaner, as well as provide full facilities for refreshments, beverages and cleaning up. Toilets, especially, must be of high standard. If shipping companies want their offiers to behave like officers, then they need to treat their officers like officers, too.

# Ship owners and managers are sending seafarers to look after investments costing millions of dollars. But at the shipping offices, this simple fact is lost on especially the juniormost staff, who need to be educated and taught as well as trained to be aware that they are there to serve.

# Wages are often the subject of verbal agreements, which are then broken, so that needs to be sorted out. In addition, companies must inform prospective hires that this is the number, gross salary, without trying to fool people with offers of hazy bonuses, and "tax saving" schemes.

# Seafarers too should rely on guidance from their own tax consultants on the best way to save tax. With so many changes coming by way of NRI status and service tax, seafarers working on contract need to be very clear well in advance on possible tax implications.

# Most of all, in the forthcoming days of seafarer shortages, companies must bring in programmes to look after the families of seafarers at sea. It usually will not need anything more than outsourcing such work to specialist agencies, including hospitals.

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Quick solution to the problem of fatigue at sea . . .

The issue of seafarer fatigue on board ships gets worse with every passing evolution. Whether it is shorter port turnaround, bigger and more complicated ships or reduction in headcount on board, fact remains, this is the only profession in the world where people have to fudge their time sheets to show that they have worked 98 hours in a week. While the rest of the world moves towards 35-40 hour weeks and quality of life parameters based, seafarers are pushed to the edge, and more.

Take a look here at what the MCA in England did to the Maersk Patras:-

http://www.bymnews.com/news/newsDetails.php?id=76428

And this is one of the biggest and best, blue of the blue, right?

One solution would be to change the watch-keeping pattern from 4-on 8-off to 3-on 9-off, viz, 4 watch-keepers instead of 3, under normal circumstances. An argument raised against this is that as it is there is shortage of trained manpower, so where will the shipowners get 33% more trained watchkeepers from?

The answer is also here - womenpower may yet solve the problem. The colateral effect of making seafaring a more attractive profession, by addressing the overwork and fatigue issues, will attract more young people, both women and men. We just have to give it a go.

So what can you do, active seafarer, at sea? One option is to start logging woking hour audits honestly, and when you are fatigued, logging it. Or writing in.

Humbly submitted.