Position Paper Against Ban on Deployment 04.06.09

8/14/2019 Position Paper Against Ban on Deployment 04.06.09

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Republic of the Philippines

Philippine Merchant Marine AcademySan Narciso, Zambales

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POSITION PAPER ON THE PLANNED BAN ONDEPLOYMENT OF SEAFARERS PLYING THE SEALANES

SERVING AS A VITAL ARTERY IN INTERNATIONALCOMMERCE DIRECTLY AFFECTING EUROPE, THE

MIDDLE EAST AND ASIA.

By: RADM FIDEL E DIÑOSO PMMAPresident

About the Author:

(The author is a seasoned master mariner and he is no stranger to acts of piracy, himself being a victim of several pirate attacks. He points out that piracy is included asperils/hazards of work of a merchant mariner. In 1979 while still a Second Mate pirates triedto board their vessel off the coast of Palembang, Indonesia. In 1980 already a Chief Matethen right on our very own backyard in Manila Bay, Philippines. In 2001 already a MasterMariner pirates tried to board his vessel off the coast of Bung Tao, Vietnam. He was able toescape by adopting evasive maneuvers while approaching Singapore. He is currently thePresident of the Philippine Merchant Marine Academy (PMMA) a premiere State-Run andoldest maritime educational institution in the country and the whole of Asia)

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The Golden Age of Piracy lasted for thirty years, from 1690 to 1720 andNassau was at its heart. Here was a tropical pirate paradise whichattracted the greatest concentration of pirates ever seen in the NewWorld.

Nassau was well suited as a pirate base of operations, its waters weretoo shallow for a large man-of-war but deep enough for the fast shallowdraft vessels favored by pirates. From their snug harbor they couldemploy their hit and run tactics to full effect; they devastated merchant

shipping that plied the trade routes just a short sail away. Their pirategold and goods formed the basis of a thriving community that attractedrogues, merchants and wild women from far and wide.(www.pirates_of_nassau.com/History)

Modern day pirates have become more sophisticated in their ways andthey have been emboldened by their successes in their nefariousactivities.

Presently, the attention of the global community has been centered inthe acts of piracy being committed by local armed gang membersemanating from warlord factions said to be based in Pun t l and , the northeast autonomous region of Somalia, the town of

Introduction:

Ey l (Figure 1) while the other armed gang members are based in the south-central Somali town of Xara rdheere

Source: (

(Figure 2)

www.voanews.com) (www.globalmaps.com)

http://www.voanews.com/








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Figure 1 – Eyl Location Map





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Figure 2 – Xarardheere Location

Figure 3 - Gulf of Aden Location





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It has been said that Somali pirates target all sorts of vessels: fromsmall pleasure crafts to cargo ships and even giant oil supertankers.Sometime November of last year the Arabic oil tanker Sirius Star wascaptured by pirates occurring nearly 400 miles off the Somali coast.Same happened with a Ukrainian vessel carrying 33 T-72 tanks.

The successes of Somali pirates have somewhat encourage them tofurther pursue their illegal acts of piracy. (Source: Somali Piracy – Solving an International Crisisby: Robert Guthrie published Dec. 09, 2008)

Why is Piracy prevalent in the Gulf of Aden?

Maritime experts have stated that the waters off the Somali coast arekey sea lanes that connect the Indian Ocean with the Red Sea, theMediterranean and Europe through the Suez Canal.

Estimates indicate that about 20,000 ships pass through the Somalicoast, carrying with them about 12 % of the world’s oil and about 80%of the commerce between Europe and the Middle East and Asia. In asense, the sea lanes are a vital artery in international commerce.

The pirates are now expanding operations outside the Gulf to the IndianOcean, which is too vast to be adequately patrolled by Naval vessels.(Source: www.voanews.com)

Somali sovereignty, what gives?

A close scrutiny of the profile of the pirates would reveal that they arenot in fact pirates in its strictest sense rather, most of them are ex-fishermen, forced by circumstance into piracy by illegal over fishingwhile some are ex-military men looking for work in an increasinglyunstable and politically volatile country. These so called pirates seethemselves as defenders of the Somali coastline, fighting off thepreviously mentioned illegal fishing trawlers and ships looking to dumpwaste in the poorly monitored Somali waters.1





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In a sense, these so called pirates are like coast guards, their success,fame and stated intentions have endeared them to some of the Somalipeople, even managing to bring stability to the Puntland area wherethey operate from.2(Source: Somali Piracy – Solving an International Crisis by: Robert Guthrie published Dec. 09, 2008)

Efficacy of the presence of the Naval Patrol Vessels, Is it reallyworking?

Experts say that pirates are generally not interested in the cargo or thecrew – they only want ransom money ranging from several milliondollars per vessel.

In an effort to combat piracy off the coast of Somalia, the internationalcommunity has sent navy ships to patrol the area. They come from theUnited States, the European Union, Russia, China and India.(Source: www.voanews.com)

However, the vastness of the ocean is so wide to patrol and ensure thatdifferent vessels plying the sea lanes are safe and sound from pirateattacks. Roughly, we are talking of about two million square mileshence, it is an enormous area to monitor/patrol. (Ibid)

Many maritime analysts believe that naval presence alone will noteradicate piracy in the region. It has been stated that the internationalcommunity must seriously address the core problem: t he l a ck o f an

e f fec ti v e gove rnm ent i n Som a l ia , a country regarded by many as a

failed state. (Ibid 2)

If crewmembers were allowed to carry arms and eventually fight back,serious ramifications in so far as insurable interest coverage for it wouldtend to increase dramatically for the risk involve would be much greater.Considering as well the personal liability claims, probable actual damage

Is arm ing seafarers an option to thw art pirate activities?





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to vessels or cargo on board, this would ultimately be more expensive ascompared with the ransom being paid by vessels owners.

The general view is that to preserve human life, to keep the instance of violence as low as possible, and also for legal reasons, it is morepreferable not to arm seafarers.

In Philippine Setting, would it be a wise move to implement aban on deployment of Seafarers?

In response to the strings of acts of piracy which has so far affectedvessels passing through the Gulf of Aden and has resulted in the captureof about 227 Filipino seafarers, the Philippine Government, as a validexercise of its Police Powers has imposed a ban on deployment of Filipino seafarers plying the coast of Somalia.

In an effort to protect Filipino citizens as part of the “Parents PatriaeDoctrine”, the state can adopt measures to ensure the safety of its

citizens here and abroad.

The families of the captured Filipino crewmembers and leaders of various labor groups have made representations with the top Philippineleaders for them to exert extra pressure for the immediate release of theremaining hostaged Filipino seamen by Somali pirates. Since 2006, fromthe total recorded captured Filipino seafarers of 227, about 122 havealready been freed so far.

The cries and please of the families whose love ones have beencaptured are understandable and deserves due compassion by thePhilippine government.

It is however noteworthy to point out that there are other points thatneeds to be carefully looked into by our top leaders to enable us toarrive at a sound policy judgment with direct bearing on the still un-released Filipino seafarers. The attention of our top government leadersis invited on the following salient points for consideration, to wit:





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1. Acts of Piracy are being committed NOT ONLY off the coast of Somalia, but it is also prevalent in different parts of the Globe. InMalaysia, Indonesia, Singapore, Brazil, and other major sea lanesused by various vessels. Piracy abounds yet no ban on thedeployment of seafarers are resorted too;

2. The lone Filipino fatality who was captured by Somali pirates wasmore a result of an accidental shooting rather than an intentionalone;

3. Based on statistics, more seafarers either get sick or worst die onboard, absent any acts of piracy, but more of work relatedincidents; From 19 August of 2008 to 14 April 2009 about 19vessels of various types covering a total of 439 crewmen, 261 of whom are Filipino’s have been captured and as of 17 April about175 Filipino crewmembers have already been released while 86remains, as Somali pirate captives. (Source: DFA – Office of Migrant Workers Affairs)

4. During the Iraq-Iran war in the 80’s many Filipino seafarers diedthen but there was no ban on deployment of Filipino seafarers. Itmerely affected the increased coverage in insurance of both crewand cargo given the attendant hazards then;

5. The current economic downturn seriously affecting not only thedeveloped countries abroad as well as our very own country issomething to be seriously considered. Any further hardships oninternational commerce is not needed;

6. Statistics show that about 350,000 Filipino seafarers remitted arecord high of $3.034 billion in 2008 up by 36% as compared withthe 2007 figures. It is noteworthy to consider the possible widescale displacement of Filipino seafarers and the lost economicgains brought about by possible reduction in foreign remittances;

7. Per DOLE provided figures, about 25 % of foreign cargo vesselspassed through Somalia’s Gulf of Aden. Conservative estimates

puts it at around 20,000 ships pass through the Somali coast every





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year carrying about 12 % of the world’s oil and about 80 % of commerce between Europe, the Middle East, and Asia. Doing themath and making conservative lost estimates would further worsenthe economic woes of hundreds of thousands of Filipino familiesand those that depend on them. The domino/multiplier effect mustbe given due consideration.

Other service related oriented entities like schools, training centersalso providing jobs locally will most likely be affected;

8. Banning deployment of Filipino seafarers is somewhat a form of sending a wrong signal to the maritime community. Say forexample, if we are to continue to adopt the deployment ban yetsimilar moves are not adopted by other nations who are alsoproviders of seafaring services, would it not be tantamount togiving them the opportunity to fill in the vacuum of crewmemberrequirements left by Filipino seafarers?; As a result of theimposition of the deployment ban, can we still continue to market

our seafarers abroad as reliable and competent seafarers or wouldit tend to give reason to vessel owners and foreign principals andin the hiring process, will Filipino seafarers still be given preferenceover other nationalities or would it tend to ultimately result to lost job opportunities?

9. Can the Philippine government provide similar employmentopportunities locally to would be displaced seafarers, as a result of the deployment ban? Unemployment rate in the country is already

in double digit, can we still afford to shoulder additional relatedproblems brought about by displacement in work?

10. Would it be a sound policy move to base our decisions onemotion, pride and passion and public opinion? Or would it bewiser to look at the problem as an opportunity waiting to be takenadvantage off by Filipino seafarers?





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How do we go from here? A solution to Somali Piracy!

Making tough executive decisions is no joking matter and we don’twant to be on the seat occupied by our president when sensitiveissues needs to be resolve, for we are quite sure that at the end of the day, decisions have to be made, rightly or wrongly.

Current efforts of following the naval mantle of protective corridorprovided by UN sanctioned multi national forces seems to be a

palliative solution but surely not a lasting one. Given the vastness of the ocean and the emboldening acts of the pirates, the question of who is going to shoulder the tab of providing protection to merchantvessels in the long run will surely arise along the way.

Fielding naval vessels is not a permanent solution rather it is more of a temporary solution to a persistent problem requiring long termresponse.

Banding together of several countries is a step in the right directionand a commendable one at that. However, the need to zero in on theroot cause of the problem is very ideal. A more comprehensivecoupled with a solid diplomatic cooperation is something that needsto be resolve as soon as possible so we can arrive at a more lastingsolution to the problem of piracy in the region and maybe in otherparts of the globe as well.





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Recommended action for consideration:

The academe is one of the sectors that would be most likely affectedby the deployment ban, if ever, since problems on futureembarkation is already on the sidelines brought about by the effectsof the world recession, the possible changes in preference of foreignshipping principals must also be anticipated by our policy makers.

Given the situation at hand vis a vis the possible problems that willeventually crop up, a serious re-consideration on the deployment banmust be taken and acted on a more positive note.

In so far as Philippine Labor setting is concerned, let us look andcarefully weigh the pros and cons of the problem of piracy and itspernicious economic effects to the seafaring profession and economicimplications, in general.

Consider the economic woes that will be suffered by the displacedworkers, the question that begs for an answer is, are we willing toallow our highly skilled and competent seafarers loose their edge inthe world maritime fleet and allow other nationalities to take ourplace?

Simple mathematical computations would reveal the extent of losesand in all honesty, it may even tend to create more problems thanprovide solutions to the family of a would-be displaced Filipino

seafarer and his dependents

We earnestly appeal to our executive policy and top decision makersto re-consider the deployment ban unless you want the sea-basedlabor supplying industry to die a natural death and all economic gainsgo to waste. This view is equally shared by the Department of Labor& Employment (DOLE).





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The impracticability of disembarking Filipino crewmembers beforepassing the Gulf of Aden, if ever practiced would be a crewingnightmare, the question is begging to be asked, where will themanning agents find the relieving crew and how can the vesseloperate continuously if there are no available crew to temporarilyreplace Filipino Crew members.

Correct dissemination of news is paramount and crew vigilance must

be given emphasis when operating on dangerous waters. At the end of the day, decisions have to be made, rightly or wrongly,but we must always ensure that we look at the probable solutionsand provide a feasible and practical way out.

There are many positive alternative courses of action that can beresorted too, let us not take the drastic ones. Let us learn fromexperiences and lessons of the past to better guide us in our future

decisions.

This appeal for calm, sobriety, well-thought off plans and solutions ishighly in order.

Let us not waste the opportunity rather, let us make it work to ouradvantage.

Sincerely,

RADM FIDEL E DIÑOSO PMMAPresident

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Position Paper Against Ban on Deployment 04.06.09

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