Memorandum submitted by The Honourable
Company of Master Mariners
INTRODUCTION
Piracy[1]
and armed robbery against ships is a crime which has the potential
to disrupt international trade and cause major environmental damage.
Such disruption and damage is in addition to vicious attacks upon
individual seafarers who were unlucky to be working within an
environment devoid of effective policing. It is an anachronism
that piracy still exists in the World and the Honourable Company
of Master Mariners welcomes the interest shown by the Transport
Committee in this matter.
Where our competence allows we will address
your questions in turn before making some suggestions relating
to possible solutions to this problem.
Underpinning reasons behind the increase in piracy
attacks
Piracy is symptomatic of the lack of effective
law enforcement, regional instability, the ready availability
of firearms, the opportunity to extort large sums of money and
poverty. Without effective policing (whether from corruption or
the lack of credible police numbers) there exists no effective
deterrent to prevent future acts of piracy or armed robbery. The
ability to extort large sums of money from ship owners appears
to be a major motivational factor for the hijacking of ships off
Somalia and the South China Sea. Further, poverty breeds a belief
that there is no other alternative than to take up criminal activities
such as piracy. Therefore, robbery onboard ship lies at the centre
of a dangerous nexus of competing concerns for those surviving
in the developing world. These factors have, of course, been present
for many years but the co-incidence between them and the following
factors have allowed criminal activity to flourish in coastal
waters.
Crewing numbers onboard have remained relatively
steady throughout the last two decades. However, the quantity
of work undertaken by those individuals has vastly increased.
As has been reported by the Marine Accident Investigation Branch[2]
fatigue rates are at elevated levels for many seafarers. Such
fatigue levels and increased workload reduces the number of seafarers
available for lookout duties and so increases the risk that pirates
would not be detected before boarding.
The increased use of Information Communication
Technology (ICT) has allowed criminals access to information relating
to the movement of ships and cargo even in the most deprived areas
of the world. For example, the Automatic Identification System
(AIS) [3]provides
track and cargo information relating to every ship over 500gt.
Armed with this information, criminals are pre-warned to the arrival
of the most lucrative ships and so are able to plan to attack
them at the most vulnerable time or place.
Ships, in addition to lucrative cargoes, also
carry large sums of cash for the paying of crew members. Seafarers
also sail with a wide variety of covetable personal possessions
such as notebook computers and cameras. The cash held onboard
and the personal possessions, rather than the cargo, are often
the objective of the attacks.
Further, there is a very probable under-reporting
of attacks. This is due to a wish to avoid delays upon ships caused
through the investigative procedures of local authorities.
The final reason behind the increased rates
of armed attacks is the societal indifference to the welfare of
seafarers coupled with a romantic Hollywood image of piracy. Seafarers
are subjected to terrifying attacks with monotonous regularity.
These attacks have led to a number of fatalities, kidnappings
and sexual assaults. However, the victims work within an invisible
industry, far from home and far from the protection of their nation
state.
How piracy is affecting British shipping in particular
The shipping industry is an international industry
and so it is not believed that the British shipping industry suffers
disproportionately from the immediate effects of piracy or armed
robbery relative to other flag states. However, a number of British
companies are heavily involved in the transportation of petro-chemicals.
If the crew of a tanker were incapacitated following an attack,
then massive environmental damage could occur which would result
in liabilities for the ship owner. Furthermore, negative images
such as piracy can do little to raise the profile of shipping
in general and so there are probable knock-on negative effects
in terms of recruitment and retention of seafarers.
Guidance on preventing an attack
Guidance is provided in a number of publications
in particular MGN 298[4]
issued by the MCA. It is felt that we cannot add to this guidance
as we believe that the key area is prevention by coastal states
through prosecution, deterrence and the provision of alternative
opportunities.
Geographic areas of special concern
In states such as Somalia, Indonesia and (increasingly)
Iraq[5],
instability, insurrection and the break-down of much of the forces
of law and order aid the rise in piracy. In particular, we view
the incidence of armed robbery in the coastal waters of Iraq with
some concern as this is occurring despite the large presence of
armed naval vessels in the area, ships which should act as a deterrent.
The recent withdrawal of federal troops from the Indonesian province
of Aceh may have an effect upon the activities of pirates in the
Northern sector of the Malacca Straits.
The other main affected areas of the world (the
Philippines, West Africa, parts of India, Bangladesh, Brazil and
parts of the Caribbean) has poverty at the root of the problem
coupled with a lack of effective law enforcement. However, a worrying
trend is emerging of ships being hijacked in the South China Sea
and Somalia, the crew being taken hostage and ransomed (or disposed
of), the cargo being sold, the ship being re-named and then sold[6].
Such activities requires considerable resources, a widespread
organisation and knowledge of the shipping industry.
Problems associated with ensuring that piracy
is taken seriously
As stated, the shipping industry is an invisible
industry. Very little is known about it by the general public.
Often the only images of the industry are oiled seabirds or the
arrested survivors of shipwreck. Whereas, the perception of piracy
is one of a swashbuckling adventure perpetrated by lovable rogues.
The raising of the public image of shipping,
through the raising of the shield of invisibility, should greatly
increase the "worth" of the merchant seafarers such
that there would be an outcry in the aftermath of an attack. This
could also be coupled with the environmental risks associated
with the incapacitation of the crew of an oil tanker sailing through
sensitive sea areas in the Caribbean of South East Asia. The consequences
of an oil tanker spilling her cargo in such tourism dependant
areas would be unfortunate.
Availability and reliability of data
Since the instigation of the International Maritime
Bureau, the availability of credible reports has greatly improved.
All flag states should be further encouraged to report all criminal
attacks in addition to undertaking investigations of such incidents
in order to learn lessons from them.
FUTURE STEPS
The Honourable Company of Master Mariners believes
that there are a number of practical steps which could be undertaken
that may help to reduce the frequency of future acts of piracy
and armed robbery.
— Encourage international co-operation
between coastal states, particularly in the South China Sea, to
ensure the proper monitoring and effective policing of criminal
activities, including the removal of safe havens for criminals.
— Assistance should be given to coastal
states by the international community to improve the state of
law enforcement. Such assistance could take the form of police
training and technical support through the provision of equipment.
In addition, the international community should seek permission
to deploy armed naval ships in the waters of concern where necessary.
— Hand-in hand with law enforcement
is the issue of the root causes of the crime. Consideration should
be given to the provision of funds to promote alternative employment
and education for those liable to enter into criminal activities.
— The instigation of a requirement
for all flag states to report incidences of piracy and armed robbery
to the IMO.
— All attacks should be speedily investigated
by the flag or coastal state to ensure that there are no unwarranted
delays to ships or personnel. The elimination of delays to ships
should encourage the reporting of all attacks.
— The instigation of a confidential
reporting forum for all criminal attacks upon ships which would
be administered by the UK Government.
— The area of crewing numbers onboard
merchant ships is an area of concern. The HCMM believes that if
crewing numbers were increased then this would lead to a reduction
in accidents from fatigue in addition to providing more people
to ensure a proper lookout is kept for suspicious individuals.
— The instigation of a well funded
public awareness campaign to raise the profile of the shipping
industry and the contributions made by the professional seafarers.
— The setting up of an insurance fund
to compensate individuals for personal losses following attacks.
— The routine arming of civilian ships
should at all times be avoided. Seafarers are not trained in the
use of firearms and it is felt that fatalities would result following
accidental discharges among fellow seafarers and through the shooting
of innocent fishermen through mistaken identity. Furthermore,
pirates would be more likely to use lethal force if they feared
that they would be at risk from firearm wielding merchant seafarers.
In summary, piracy and armed robbery, even in
the light of desperate poverty and the break down of the forces
of law and order, are criminal activities which should never be
tolerated. Therefore, the Honourable Company of Master Mariners
strongly hopes that the Transport Committee will support international
measures to protect seafarers and shipping in conjunction with
encouraging the development and education of the communities supporting
these criminal acts. The causes of the criminal activities should
not be ignored in the race to capture the perpetrators.
4 January 2006
1 Piracy as defined in article 101 of UNCLOS as criminal
acts occurring on the high seas or in areas beyond the jurisdiction
of States. The IMO terms other acts as armed robbery against ships
when within territorial waters. Back
2
MAIB 2004, Annual Report. Southampton: MAIB. Back
3
Mandatory carriage requirements under Chapter V of the Safety
of Life at Sea (SOLAS) convention since 1 July 2002. Back
4
Marine Guidance Note 298 (M). Measures to Counter Piracy, Armed
Robbery and other Acts of Violence against Merchant Shipping. Back
5
The IMB report four separate incidents involving assaults and
attempted theft among ships waiting at anchor off the port of
Basra. Back
6
The 10,734 gt tanker Steadfast was hijacked over the Christmas
period off the coast of Indonesia. Following a search by local
authorities the ship and crew were released unharmed. Similarly,
the Semlow was hijacked by pirates in Somalia whilst carrying
850 tonnes of rice for the United Nations World Food Programme.
The ship was eventually recovered. Back
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