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Dear Shiptalk Readers,
Welcome to this the April 2006 edition of the Shiptalk newsletter.
Please take your time to read what we have to say this month about issues affecting your everyday lives at sea and do let us know if you have an opinion or comments on any of this month’s articles or other issues that you would like to air via Shiptalk.comShiptalk.com……reading you loud and clear
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SPECIAL REPORT – SECURITY AT SEA
Pirates…”Ape” Guerrilla Tactics at Sea
It seems that modern pirates are aping rather a lot from the buccaneers of old – not content with stealing ships and taking hostages, they are actually attacking navy vessels. This astonishing folly emerged as a US Navy report states that two U.S. Navy ships returned fire on a group of suspected pirates in the Indian Ocean off the coast of Somalia on March 18, killing one and wounding five.
The five injured and seven others were taken into custody, according to a press release issued by the U.S. Naval Forces Central Command the same day. Three seriously wounded suspects were being treated on one of the Navy ships and a Dutch Navy medical team was en route to assist, the Associated Press reported.
The Navy’s statement says the two ships, the “USS Cape St. George” and the “USS Gonzalez”, were conducting maritime security operations in international waters about 46 kilometres off Somalia’s central eastern coast when they observed a boat towing a pair of skiffs toward the coast.
The suspected pirates, who "were brandishing what appeared to be rocket-propelled grenade (RPG) launchers," opened fire on the Navy ships, which "returned fire with small arms in self-defence," according to the Navy.
A fire ignited aboard the main suspect vessel, the Navy said. While taking the suspects into custody, the statement says, boarding teams confiscated an RPG launcher and automatic weapons. No U.S. sailors were injured, it noted.
The U.S. ships were part of Combined Task Force 150, the Navy said.
It added that the coalition forces "conduct maritime security operations under international maritime conventions to ensure security and safety in international waters so that all commercial shipping can operate freely while transiting the region."
It seems incredible that the pirates would attack the US vessels, but we fear that this is an indication of just how fervent and ruthless they are…if the Navy isn’t safe out there, who is?
Hi-jack and Hostage Pattern Continues
The International Maritime Bureau has been trying to heighten awareness of the threat posed by Somali pirates, and in particular their penchant for taking crews hostage.
As we have previously reported there are understood to still be 32 seafarers being held captive, and the pirates are demanding large ransoms.
One of the most recent cases was that of the Indian ship, "Bhaktisagar", recently hijacked near Somalia with a crew of 21. The ship was on its way from Porbunder to Dubai via Somalia when it was hijacked.
Commandant A P Badola, regional operational officer of the Indian Coast Guard, said, “We have received information from the Kwalalampur reporting centre that the ship was hijacked by Somali pirates and was 22 miles from the coast at the time. It was carrying medicines and injections. The ship is still untraceable”.
Noel Choong, head of the International Maritime Bureau's piracy reporting centre, said that owners of the “Bhaktisagar” are in talks to secure the freedom of 21 Indian crewmembers. Though the case appears to be following a common pattern.
Choong said that the “Bhaktisagar” case bears all the hallmarks of the recent hijacking of the “MV Julia-54”, in which 11 seafarers comprising six Somalians, three Tanzanians, an Indian and Sri Lankan were held for more than three months by Somali gunmen.
Choong said: "In such cases, the pirates would usually demand ransoms that run into hundreds of thousands of dollars.
"This is why we're constantly warning vessels to stay at least 322km offshore from the Somali coast."
The International Maritime Bureau said that the number of pirate attacks in Somali waters surged to 35 last year from two in 2004.
The raids were part of the anarchy wracking Somalia, which had had no effective government since 1991, after warlords ousted a dictatorship and later turned on each other.
Many shipping firms had reportedly resorted to paying ransoms for seized ships and crew, saying they have few alternatives.
Choong said: "It's not clear where the money goes, but possibly to buy weapons for the power struggle."
Where not to Breakdown at Sea…..
Despite the fact that the Malacca Straits have been usurped as the “home of piracy” it still not a place to take lightly, so imagine the disquiet onboard the P&O Cruises vessel, “Pacific Sky” when it broke down in the Straits last month.
The Australian-based cruise ship has more than 1300 passengers onboard, and was forced to anchor in the Malacca Strait for about 30 hours after problems with its starboard engine.
The crew was unable to fix the problem at sea and sailed on at slower speed using only the portside engine, before eventually arriving safely in Port Kelang in Malaysia.
In a company statement the Captain described the trouble as a “minor but significant problem,"…which we can only presume is better than a major but trivial problem!
None of the passengers on the seven-day cruise were harmed during the incident and they were given complementary shore tours in Kelang.
A Company spokesman said the Malaysian Marine Police had visited the ship and passengers were not at threat.
There had been criticisms in some quarters as to the condition of the vessel, which was in the process of being sold at the time of the incident, and was on one of her final journeys for P&O Cruises.
Mr Richardson denied the shipping line had let the vessel run down before it completed its last cruise.
In a statement, P&O Cruises managing director Gavin Smith apologised to passengers and said the company regretted the inconvenience caused by the malfunction.
The "Pacific Sky" is a 22-year-old vessel formerly known as "Sky Princess" and "Fairsky".
UN stands “Shoulder to Shoulder” with IMO
With the talk of piracy still filling the air in the corridors of powers it has emerged that The United Nations Security Council has fully backed the International Maritime Organization (IMO) calls for action over piracy in Somali waters, and a call for greater naval presence.
The move follows the passage of a resolution at the IMO assembly last November, formally requesting that the UN back such steps.
In a 'presidential statement' from the Security Council, they formally encouraged member states with naval vessels and aircraft operative in the region to be vigilant on piracy. It also asks them to take appropriate action to protect merchant shipping, in particular humanitarian cargoes.
IMO secretary general Efthimios Mitropoulos said: "This is a good day for shipping. I am personally very pleased that the United Nations Security Council has taken this action. The next step will be for the measure to be put into action."
It all seems rather exciting that such an august body as the UN Security Council would back the genius idea of actually using navies to protect ships, but let's face it they were hardly going to turn round and say "No, that's a rubbish idea, we think it should be every ship for herself"...
We think a good day for shipping would be when the Security Council does more than just encourage vigilance, it would be when they actively compel navies to police the seas.
This isn’t just a “nice idea” it is a necessity – the ISPS Code has forced massive changes on merchant shipping, changes that the industry has risen too, it is time that we put the emphasis back on governments to provide support and protection for global shipping.
Sea Hijackings - What can a Ship Owner do to Protect his Vessel and Crew?
A fall in the number of reported piracy attacks worldwide is always good news for the shipping industry and in 2005 recorded incidents fell to their lowest since 1999. However, digging a little deeper into the statistics, a trend appears to be developing which should quickly strip anyone of their complacency towards this pernicious threat. Not only is piracy growing in areas where previously there was little or none reported ( Iraq , Vietnam , Tanzania ), in other areas, most notably Somalia and to a lesser extent Nigeria , it has metamorphosed into an altogether more serious issue – hijack for ransom.
In 2005, some 400 crewmembers were taken hostage, the highest since records began. Somali pirate gangs accounted for the majority of these attacks, hijacking at least 14 vessels. Other ships were hijacked and their crews ransomed in the waters off Indonesia and Nigeria.
All piracy attacks are unpleasant for their victims, but hijackings where a crew and ship are held to ransom can have a particularly devastating impact and give rise to a great number of far reaching issues.
It is commonly agreed that in the absence of a concerted and unified international security response that would commit naval and law enforcement assets to combating the threat of this type of piracy in particular, ship owners and seafarers are left largely to fend for themselves.
Foremost in ship owner’s minds must be the safety and security of the crew, but despite improving standards of maritime security training and counter-piracy measures the profile of the incidents off Somalia in 2005 show that for most there is still a long way to go. On top of that, pirates are becoming more violent and audacious in the lengths that they will go to maximize their illicit gains.
For over 20 years, (non-marine) kidnap for ransom has been a prevalent threat in many areas of the world and particularly South America , where hostages are taken for the purpose of financial extortion and political ends. As such, it has become an established insurable risk in the London market and many high net worth individuals and contract employees working in areas of high threat have ben efited from the specialized coverage provided by Lloyd’s.
The number and nature of ship hijack cases in 2005 where crews have been held for ransom, have highlighted the need for a similar coverage for those at sea.
Fortunately such coverage is now available. Lloyd’s underwriters with their kidnap for ransom experience and strong maritime traditions are perfectly suited to offer the best protection against an owner’s financial loss whilst providing immediate access to expert responders, negotiators and marine intelligence experts.
No amount of planning can prepare an owner or their crews for a piratical attack. Who do you call? What should you do? How should you handle this crisis situation?
Matters may become more complicated when you receive calls, from your charterers, cargo interests, property and liability underwriters, the media and the crewmembers families wanting to know what has happened to ship, crew and cargo creating further un-welcome but understandable complications and distractions when least needed.
Whilst the question of “should we pay” and if so “how much should we pay” and “to whom” are difficult questions for a shipowner and their risk managers, lawyers and insurers, any delay and deliberation when faced with a sea hijacking may have fatal consequences for the crew caught in the cross fire. Time is of the essence.
Not only does the question of who pays arise, to make matters worse consideration must also be given to “can we pay”? For example, under English law there are two regimes governing the legality of such payments: anti-terrorist legislation and the Proceeds of Crime Act, which covers money laundering. Neither legal tests are insurmountable when faced with the pirates demands but do require further consideration and expert advice to ensure you remain on the right side of the law.
In most other occasions when a ship owner is beset with a casualty at sea he can turn to his insurers for expert assistance and advice. Now an owner can avail himself of a similar protection when faced with this modern day, ‘man made peril of the sea’, thereby ensuring that the incident is handled as professionally and expeditiously as possible.
CrewSEACURE is the name given to the marine kidnap for ransom policy drafted by specialist marine insurance intermediary Seacurus that is underwritten by certain specialist underwriters of Lloyds of London.
To ensure the best possible coverage could be provided, Seacurus teamed up with marine intelligence experts Gray Page and with well established Lloyds brokers Cooper Gay to gain access to the specialist underwriters at Lloyds of London who have accrued a wealth of experience of similar incidents in the non-marine kidnap for ransom market.
Whilst CrewSEACURE provides an owner with the peace of mind that his costs will be indemnified this benefit is often thought of as been secondary to the benefit of having immediate access to an experienced team of response and intelligence consultants to ensure that effective crisis management measures can be implemented immediately wherever the assured and their vessel and crew may be in the world.
In the unfortunate event of death or injury to any of the vessel’s personnel during such an incident, any company with the foresight to buy marine kidnap for ransom insurance can say, with absolute certainty that they had assessed the risk and put the best possible protection in place. Protection that will ultimately protect the interests of their master and crew and mitigate the possible consequences of such an abhorrent attack. Our recommendation would be not to leave such matters to chance.
For more information do not hesitate to contact Capt. Thomas Brown Managing Director Seacurus, tbrown@seacurus.com
It seems that where there is a threat of terrorists there is intense naval activity, but for mere pirates we see a more piecemeal approach.
As if to prove a point…NATO’s naval counter-terrorist operation in the Mediterranean, “Active Endeavour”, has recently completed its 100th compliant boarding of a suspect vessel, in a continuing effort to protect against terrorist activity in the region.
According to the NATO summary of operations, “reaching such a significant number of compliant boardings in one of the most sensitive and crowded shipping routes is a significant milestone for NATO”.
Under “Operation Active Endeavour”, NATO ships patrol the Mediterranean, monitoring shipping and boarding any suspect ships to help detect, deter and protect against terrorist activity.
“Operation Active Endeavour” has also been providing escorts through the Straits of Gibraltar to merchant ships from Alliance member states if they request them.
To date NATO ships monitored more than 75,000 vessels, boarding some 100 suspect ships. In addition, over 480 ships have taken advantage of NATO escorts.
The Operation evolved out of NATO’s immediate response to the terrorist attacks against the United States of 11 September 2001.
As the Alliance has refined its counter-terrorism role in the intervening years, the operation’s mandate has been regularly reviewed and its remit extended…though no mention was made of “Operation Actively Protecting Seafarers”. Ah but we can dream can’t we.
Three Wise Boaters to Report Hearing, Seeing or Speaking Evil
It’s not just the Navy and Coastguard that fight maritime crime and terrorism – no Sir; it’s you and me…well not just us, but you know “the public”.
With this secret weapon in mind a Police intelligence unit has launched a Web site and database to gather residents' and boaters' tips on suspicious activity on New Jersey waterways.
The Maritime Security Initiative, at www.njsp.org/maritime was prompted by a series of suspicious boat rentals in southern New Jersey, according to police.
For example, one businessman recalled for police an incident in which he rented a boat to Middle Eastern men who said they were going fishing, except they didn't have fishing gear, State Trooper Brian McGuire told boaters gathered in Port Norris. The Middle Eastern men later got stranded and had to call for a sea tow. They were found to be taking pictures of local landmark.
Taken alone, a situation like that could be completely innocuous, police said. Now, however, police can enter the incident's information into a database tapped into the State wide Intelligence Management System, or SIMS, used by law enforcement throughout the state, to see whether the people involved took part in any similar incidents elsewhere in the state.
State Police say people should take note of the following situations:
- Suspicious activity or loitering around a waterfront facility
- Evasive answers to common boating questions.
- Inappropriate, suspicious, or non-typical equipment or lack of proper equipment.
- Dangerous cargo observed in unusual locations.
- Diving operations near bridges or pipes at unusual times or without usual support people.
- Placing of unusual objects into the waterways near bridges or pipes.
- Vessels that appear to be out of their normal locations. Hunters or fishermen in non-typical locations.
- Any suspicious charter or rental or someone asking to alter a charter's path.
- Inappropriately high cash payments.
HEALTH, WELFARE AND SAFETY
Its Not Me, It’s the Things I Rely On!
Last month we began looking at the “hardware” which forms an important part of the “system” within which seafarers operate. The hardware itself is delivered by a process which is also subject to human error and we looked at some potential issues highlighted by reports to CHIRP, including design approval and installation. It is possible for uncorrected errors in these underlying processes to manifest themselves in a subsequent incident or accident, but blamed on “operator error”. If these processes are sufficiently robust then the risk of incidents/accidents at the operational level is reduced, but the focus of investigation, if there is one, is often at the operational level and the underlying processes are often left unexamined.
Additional important parts of the “system” are information and data sources; these include radar, AIS, satellite data, VTS and other human data sources, although some of these latter issues fall into “Communications”, which we will discuss on another occasion.
The CHIRP database contains some relevant examples:
“During departure pilotage in restricted visibility the radar echoes of barges in mid-stream were concealed by overhead power cables. Barges were on extreme edge of fog bank. Three warnings of the presence of the barges from traffic management were missed by Pilot (Warnings were not in English and were not therefore picked up by the Bridge Team).”
Here, aspects of two data sources; radar and VTS, have contributed to an incident. It is important to be aware of the limitations of radar information and any other data source and to use whatever cross-checks are available. VTS were providing the necessary information, but it was missed by the Pilot (an individual lapse) and was not communicated in a language understood by the Bridge Team.
In this next example VTS appears to have missed something and the data is incomplete!
“Embarked Pilot and vessel was proceeding towards the entrance. The Pilot reported his presence on the bridge, by VHF, to VTS and there was a short conversation not in English. Full ahead was ordered and the vessel proceeded on a heading to make the entrance channel east of an island.
As the vessel was approaching the island, the stern of a large container vessel was observed on the far side of the island with the bulk of the vessel being out of sight. It was soon realised that this vessel was actually lying completely across the channel, about six cables distance, as it was manoeuvring astern to her berth. The Pilot ordered 'Stop Engine' and 'Full Astern', soon after the starboard anchor was let go, followed by the port anchor as the vessel swung towards the shore of the island. The vessel eventually stopped, without any contact, about 50 metres from the visible shoreline. Fortunately the shore of the island is steep to.
The pilot said that VTS had advised him that there was one small vessel proceeding to the shipyard but had failed to mention that a large container vessel was in the channel, and in the process of swinging to make a stern approach to its berth.”
In this incident the Mark I eyeball saved the day (just!), but both incidents serve to highlight some of the key characteristics the seafarer expects from data sources; they should be:
- Timely
- Accurate
- Easily understood
Steps should always be taken to validate information provided by one data source by comparing it with another. This may be as simple as looking out of a window!
Next month we’ll look at another system component; software, including issues of automation, manuals and checklists.
If you have a concern you wish to discuss in confidence, please do not hesitate to get in touch.
Safe sailing,
Mike Powell
Director (Maritime) CHIRP
Ferries appear to be the eternal conundrum – the IMO make all the right rules, the major maritime nations make all the right noises, and then somewhere it all goes awry, as many of the countries that actually use ferries appear happy enough to have any old boat chugging around their transport infrastructure.
It happened in the Egyptian ferry tragedy, it happens with alarming regularity off Bangladesh…and as for the Philippines, well the more superlative the boats name the more seemingly likely it is to go up in flames. As borne testament by the latest “SuperFerry” to run into problems.
Fire caught hold on "SuperFerry 12" as it was sailing to Cebu, but was placed under control within 30 minutes and completely put out three hours later.
A statement issued by Aboitiz Transport System, owner of the "SuperFerry 12", said all 639 passengers and 145 crewmembers were safe and secure and that an evacuation of the ship was not necessary.
The result of this is Maritime regulators in The Philippines are planning to require inter-island passenger vessels to install automated fire fighting equipment to help fight fires at sea.
The Maritime Industry Authority proposes making sprinkler systems a requirement on domestic passenger liners, many of which are equipped only with manual water pumps and fire extinguishers.
Sounds like a good plan to us. Why stop there…maybe it’d be an idea to look into the reasons that so many Filipino ferries seemingly burst into flames so regularly.
According to the newspapers it was an opportunity no self-respecting sea dog could turn down: the chance to take a brand new £320,000 yacht for a spin and get paid for the privilege. What could possibly go wrong???
Sadly, things did not go quite to plan when the intrepid crew of Bob Elliott and Mike Bailey agreed to deliver the state-of-the-art motor cruiser for the princely sum of £100 (approx US$175). In fact, things went so spectacularly wrong that the yacht ended up at the bottom of the sea and the two simple sailors ended up in the high court, where they were ordered to pay almost £250,000 for a replacement.
The saga began on October 19 2003 , when Mr Elliott, an experienced skipper, was hired by Offshore Nautical CI to take the Fairline Phantom 40 from Chichester to Weymouth .
He then sub-contracted Mr Bailey, an emergency lifeboat cox, to help him deliver the boat for half the total fee.
The pair set off in the dark that evening and travelled into the rough Needles channel at a high speed of about 18 knots (21mph). With Mr Bailey at the helm, the boat then struck a "substantial" grade-two navigation buoy marking the port side of the channel.
The pristine new boat suffered a huge fracture along its hull and listed badly
onto its starboard side as it took on hundreds of gallons of water.
A lifeboat came to the rescue and attempted to tow the Phantom to shore, but it sank further and had to be dragged the rest of the way.
The Phantom, worth £320,000, was declared a constructive total loss. Although investigations revealed that the boat's on-board navigation equipment had malfunctioned in the rough seas, the insurers claimed the collision had been caused by negligence and refused to replace it. Not that surprising really considering that even had the navigation equipment been working it would not have spotted the great big buoy in the way…that’s what eyes are for!
Offshore then sued the sailors to recover the costs, and at the high court, Mr Justice Morison described the incident as a "disastrous adventure" and agreed that the pair had been negligent.
Ordering Mr Bailey to pay 85% of the boat's trade price, he said the father-of-four had "failed to understand his own responsibilities".
But he said Mr Bailey should not bear all of the blame and ordered Mr Elliott to pay the remaining 15%. Both men will also have to pay Offshore's legal costs. A spokesman for Offshore said the company was pleased with the outcome of the case.
Mr Bailey said that although he did not feel the accident was his fault, "it was a costly mistake and I'll have to pay for it financially for the rest of my life". He added: "I was simply helping Bob out as a favour, but look where it's got me."
Now cheap crews, faulty equipment and heartbreaking financial ruin aside, back in our day "substantial" navigation buoys tended to come with funny flashing lights on them...you know, to stop you bumping into them in the dark!
What Happened to Crew of the “Jupiter 6”?
Readers may remember the story last year concerning the lost tug “Jupiter 6”, which apparently just vanished while engaged on a tow job off the Coast of South Africa.
There is still no progress on the case, but Shiptalk has been sent details of a heart-wrenching story, which focuses on the plight of the missing crew’s families.
The following extracts appeared in an Indo-Asian News Service, www.ians.in story and they paint a very sorry picture of the modern life of a seafarer, and the reality of being treated as a simple commodity – and also the pain that such loss brings to those left behind…
“Mary Kunju's hopes are fading slowly as she trudges from office to office trying to eke some information on her husband, Jose Mathew Kattampally, an electrical officer on a ship supposedly lost at sea.
It is election time in Kerala and Tamil Nadu, and few have time to lend their ears to Kunju.
'I took my daughter Joel, 12, and son Jain, 8, to meet Chief Minister Oommen Chandy and personally petitioned him to help us trace Jose Mathew,' Kunju told IANS.
'My children presented a letter to the chief minister requesting him to help find their father. But no action has been taken to date,' she said.
Pelmar Shipping and Engineering Pvt Ltd recruited her husband and 11 others, which have an office in Mumbai. They were sent to work on board a tug named Jupiter 6 that was registered in Jamaica.
“Jupiter 6” sailed Aug 8 last year from Walvis Bay in Namibia to India, towing a dead ship M.V. Pointing (also known as Satsang), heading for the scrap yard in Alang.
“Jupiter 6” was said to have lost contact with Pelmar Shipping on Sep 5. Strangely, another ship named M.V. Poseidon spotted Satsang, drifting in waters about 400 km south of Port Elizabeth, Africa.
'The captain of M.V. Poseidon reported that the tow wire of Satsang was hanging down into the water and that there was no sign of life,' Pelmar said.
Pelmar said the tug and her 12-member crew disappeared without any trace while towing the dead ship 'Satsang' to India.
Thabiha, 20, the young wife of another lost sailor Hassan Faikage, spent only three months with her husband before he went off to sea.
'The company is not giving us any information. They never keep in touch with us,' the young woman claimed.
'In spite of my pathetic financial situation, I keep calling them. When I ask them why they are not keeping me posted about the investigation, the reply from the company is 'when we have a good news, we shall inform.'
The families, without any financial and emotional help from the ministry of shipping since the tug was reportedly lost, now only have the Chennai-based Sailors' Helpline for support.
'Most of the crew have elderly parents and little children at home,' said V.M. Joy, who runs the helpline.
The Merchant Shipping Act of India makes it mandatory for the office of the director general of shipping as well as the ship's owners to inform the seamen's employment office and next-of-kin of the seafarer about death or disability 'within 48 hours'.
'At any given time, there are 40,000 Indian officers and 70,000 Indian seamen sailing on the seas across the world. It is high time the government begins to safeguard the interest of Indian seafarers and their families,' the helpline had said in a letter to several MPs.
The Sailor's Helpline is now seeking a 'status report' on the investigation into the missing “Jupiter 6”.
'The families want to know what steps have been initiated to locate the missing sailors,' Joy said.
The helpline is also calling for a system in the director general's office by which families can be given the latest information on accidents on sea.
'The director general of shipping's office is tight-lipped in the matter. No one is helpful and no one is speaking out the progress of investigation to trace the missing Indian sailors,' said O.P. Sharma, a former Indian Navy official and father of lost second officer of Jupiter 6, Raj Kumar.”
The cruise industry has faced some tough problems recently. Reports of passengers vanishing, assaults and illnesses have led many to wonder if the success of the cruise industry is sinking.
The answer from the Cruise industry has been a resounding “No!” , and it seems their confidence in justified. The cruise ship industry continues to boom. Last year, more than 11-million passengers cruised the oceans, and even more are expected in 2006.
These figures are astonishing as the cruise companies see that the American market has barely been touched. Bob Dickinson, CEO of Carnival Cruise Lines, says, "Only 17 percent of North Americans have ever sailed on a cruise ship. So we have a long way to go. We only capture three percent of the vacation market."
Despite the impressive figures and the projected growth Cruise executives are seriously concerned over the recent spate of violent events and the fact that some potential passengers think cruising isn't safe.
To counter this a recent industry report states that in the past three years, there were just 206 components of crimes on board and 24 missing persons.
Andy Stuart of Cruise Lines International says, "As a matter of fact, compared to shore-side statistics, you are at least 10 times safer on a ship than on land”.
The statement seems hard to believe if you’ve seen the recent media furore…but an event last month in Chile seems to bring stark and dreadful focus.
Twelve elderly tourists were killed in a road accident in northern Chile, where they were taking a land excursion from a cruise ship.
The tourists were passengers on the cruise ship “Millennium”, operated by Celebrity Cruises out of Miami, Florida.
After travelling the winding, hilly roads into northern Chile with a private tour operator, the tourists visited Chile's Lauca National Park and were on their way back to the cruise ship when the accident happened.
The bus in which they were riding plunged 80 metres into a ravine, a CNN report has stated. Another five people who were injured in the accident were taken to a hospital in nearby Arica, near the Bolivian border.
Celebrity Cruise Line said it was flying family members of victims to Chile and sending a special assistance team to the ship to help its guests and crew.
Lack of Witness Support Raises Concerns
More cases of seafarer abandonment have been causing concern in the USA recently.
The most recent case involves a South Korean-owned bulker, the “Sun New”, which ran afoul of authorities in Philadelphia on New Year's Day after a few Filipino seafarers lodged a complaint alleging illegal discharge of oily sludge on the high seas several weeks previous.
In December 2005, the Greek-owned bulker "Irene EM" sailed into the Delaware Bay and became subject of a separate and similar federal investigation. To some observers these ships are simply port State data points, to others they are object and clear lessons on what happens when owners turn their backs on their crews.
These cases are a "humanitarian fiasco" according to the port chaplain, Reverend Von Dreele who says, under the guise of testifying as "material witnesses", four crew from the “Sun New” and eight from the "Irene EM" have been forced to remain in the USA indefinitely.
These men cannot go home even for family deaths or other emergencies, the chaplain points out.
In effect their seagoing careers have been interrupted and their salaries stopped. In The Seamen's Church Institute (SCI) of Philadelphia, these distressed seafarers have what could be their only friend. They spend their days in the relative comfort of the SCI cafeteria or online, at least being able to read newspapers from their homeland or otherwise stay in touch with near and dear.
In an article entitled "Why We Do What We Do", Reverend Von Dreele writes: "Working in a largely unregulated environment, seafarers are sometimes vulnerable to exploitation and bad treatment. When crews are not paid for months at a time, their families must sell their possessions to eat”.
"They simply cannot quit their jobs and go home in these situations. They need an advocate. To confront owners and captains who are exploiting seafarers and make them accountable."
After a number of recent events tensions have been running high in the US between crewmembers, seafarers welfare organisations, ship’s agents, and the U.S. Customs and Border Protection (CBP).
Such has been the animosity developing that a meeting between the parties has been convened by several of Houston’s leading P&I club correspondents to try and establish what were the policies and procedures for CBP and why there seems to be so many events that were escalating into hard feelings between crew members, steam ship agents, and the CBP.
That meeting was hosted by Lamorte Burns & Co and sought to establish how many vessels and crews are actually being detained on board and the processes behind the decisions.
It emerged that decisions stemmed from the Marine Desk, the division of CBP tasked with boarding ships, interviewing crews and giving shore passes to those crewmembers that are deemed trustworthy and have a U.S. visa. After making numerous decisions which have angered and confused many parties across the wider industry the Marine Desk’s assessment period has come to an end and they are now moving to a position of “outreach” in which they are discussing what the findings are with industry representatives and others who have been complaining vigorously about their tactics.
Due to this review period there is a current moratorium on any further fines, except in those cases where there is an absconder or the infraction is egregious. If the infraction arises out of negligence or is repetitious, then a fine may be levied. After 20 March 2006, they will enter the phase of full penalty assessment for infractions.
From the discussions a number of interesting facts emerged, the first is that a gangway watch must be maintained 24 hours a day. There is no excuse for the gangway watch not to be present at the head of the gangway or directly adjacent to it. CBP also suggested that roving patrols would be good but was not a requirement. All of these things are subject to the ship security plans that members should already have in place. The CBP stated that that if a crewmember is off the vessel for any reason, his shore pass must be on his person.
The CBP also clarified that “Detained on board” means exactly that. Any crewmember that has been ordered, “detained on board” should not be down the gangway or on the dock apron for any reason. In situations where the ship’s stores or other items are on the dock and the crew is needed to bring them aboard (including tending lines for line shifting or other work of that nature), the local agent can send a request by fax to the Watch Commander and fax a list of those crew who need to access the dock.
The meeting also revealed that CBP believes that crewmembers that have the time should obtain visas. While a visa is not a guarantee that a shore pass will be issued, it is certain that no shore pass will issued if the crew member does not possess a valid U.S. visa. A U.S. visa costs about $95 and are valid for five years. If a ship owner was to avoid one penalty ($3,300.00 per man for each violation), it can be justified that providing visas to a crew may be worthwhile for a vessel that will call regularly in the U.S.
While this open dialogue with the CBP in Houston, has seen some positive steps to alleviate the confusion and unfair detentions of seafarers and fining of vessels, it should be remembered that each U.S. port is handled by its own Director of Port Operations. There remain some U.S. ports, which are known to be difficult, and it may take some time to persuade them to adopt some of the tactics suggested in Houston.
Shiptalk would be very pleased to hear of the experiences of readers visiting ports and whether shore leave is routinely allowed or denied. Email your experiences to newsroom@shiptalk.com
2006 is World Cup year, but for the 33,000 seafarers who play a variety of sports in some 27 ports annually, under the Sports of the Seven Seas programme, it's world cup year every year.
These seafarers are now asking if someone, somewhere will afford them the £3 (about US$5) a head per year to keep them fit and healthy.
Run by a UK registered charity - the International Committee on Seafarers’ Welfare (ICSW), Sports of the Seven Seas programme includes leagues for football (11-A-Side and 5-A-Side), basketball, volleyball and table tennis. The “Sports of the Seven Seas” rationale is that "a fit & healthy seafarer is a safe & happy seafarer" - and there is strong evidence to support this assertion.
The ICSW is seeking funds to develop the programme further and is keen to encourage support from companies and charitable trusts across all sectors of the maritime and other industries looking to target a global market. During recent years, the ICSW has undertaken a growing number of health and fitness related projects and as a consequence of the success of these activities, finds itself unable to support them all. Therefore, external support is now urgently needed.
Mr. Bjørn Lødøen ICSW chairman and Director of the Norwegian Maritime Directorate, says that the health and fitness of seafarers is increasingly important in today’s maritime world. Growing international trade and movement of goods, coupled with social pressures including multi-national crews, shorter periods in port and intensively worked ships mean that care of the ‘human element’ is essential if safety standards are to be maintained and improved.
Mr. Lødøen highlighted the success of sport for seafarers when he said "One of our teams recorded a 40% reduction in sick leave following participation in the programme, leading to a major saving by the shipping line involved. The scheme is a win-win situation for both owners and crews.
It’s almost enough to tempt Shiptalk to squeeze into those skimpy silk football shorts at the back of the wardrobe.
For further details of the scheme visit www.seafarerswelfare.org
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