The flag of convenience (FOC) system is offered by some 29 maritime flags namely Antigua and Barbuda, Bahamas, Barbados, Belize, Bermuda, Bolivia, Burma(Myanmar), Cambodia, Cayman Islands, Comoros, Cyprus, Equatorial Guinea, Germany (Second Register) , Gibraltar, Honduras, Jamaica, Lebanon, Liberia, Malta, Marshall Islands, Mauritius, Mongolia, Netherlands Antilles, Panama, Sao Tome and Principe, Sri Lanka, Saint Vincent and the Grenadines, Tongo and Vanuatu.
In addition to these flags there are certain shipping registers whose vessels can be regarded, on a ship-by-ship basis, as operating under a flag of convenience.
This system allows substandard ships with substandard wages and conditions to sail under a veil of secrecy and with an almost total lack of accountability.
The governments of the world are now paying far greater attention towards FOC system. It is the ease with which the system can be manipulated by criminals and terrorists that has led to a major change in attitude.
Furthermore, the recent pollution disasters of the Erika, the Prestige and the Tasman Spirit have highlighted the effective lack of control over shipping standards in the most dramatic way.
The Greenpeace and the conservative organisation WWF are seen instrumental to press world governments to take action. If they fail to do so collectively, then coastal states or regional groups will impose their own regulations to protect their citizens and coastlines. This will neither assist the shipping industry nor the seafarers.
It is further heartening to note that the United Nations has become active and is openly discussing the need for a "genuine link" between the ship owner and flag State.
The Organisation for Economic Co-operation and Development (OECD) has even warned that some states could ban certain foes from entering their ports if they cannot easily trace a ship's beneficial ownership.
Seafarers around the world will continue to need protection from the inevitable consequences of this cavalier approach to seafarers' lives and the marine environment.
A few decades back the issue of "clandestine seafarers" was debated world-wide. A large number of marine accidents and casualties were attributed to the lack of training and certification of seafarers.
The IMO adopted STCW 1978 Convention thereby setting standards of training, certification and watch keeping for seafarers.
The STCW 1978 Convention has been updated and STCW 1995 Convention is now in force. This has considerably improved the safety standards; yet a number of countries mainly labour supplying countries where their own national merchant marine fleet has greatly shrunk due to adverse Political and/or socio-economic reasons still have back door entries to provide clandestine seafarers for FOC registry vessels.
The Government of Pakistan has still a gigantic task and there is an urgent need for induction of competent, qualified professional technocrats of merchant marine in the existing short staffed governmental administration.
A large number of Pakistani seafarers (officers and ratings both) employed on FOC ships have been stranded at foreign ports. Our embassies turn a deaf ear to the sufferings of Pakistani seafarers.
The International Transport Workers Federation (ITF) of which we are an affiliate has taken care of our seafarers in foreign ports and has also made arrangements for their safe repatriation to Pakistan but their earned wages and compensation claims could not be recovered since the ship has no value and the secrecy of beneficial ownership, non-existence of a genuine link between the ship/ship owner and flag states and above all the governments whose seafarers suffer do not have any mechanism to safeguard their own seafarers.
Pakistani seafarers carry on being abandoned, their wages don't get paid for months on end and they are often forced to live without decent food or enough clean water.
The worst owners will switch from FOC to FOC due to extreme ease in the option to change FOC registry avoiding vessels inspections and effective port state control until the ship finally gives up the ghost and breaks down-its scrap value often less than the amount of unpaid wages, while the queue of creditors tries to follow a complex paper chase to the beneficial owner somewhere in the world.
The manning agents in countries, including Pakistan, comment that they are providing employment to the seafarers as agents only and in no way responsible for payment of wages and repatriation the owners of FOC vessels in such cases hide behind brass plates and remain anonymous.
We strongly recommend to the Government of Pakistan to allocate a fund for providing legal assistance to the stranded Pakistani seafarers, relief and subsequent repatriation and initiate strict punitive actions against the owner/flag and/or the local manning agents.
In 1970, Pakistan's merchant marine fleet comprised 71 large ocean-going ships which today has shrunk to some 14 ships of an average age of some 24 years.
In 1970 a total of 1,600 Pakistani merchant marine officers were registered as bona fide officers whereas today we have some 12,000 officers.
Consequently, with the present fleet strength over 10,000 officers are forced to seek employment on board FOC vessels.
This is a pathetic scenario and warrants firstly the need of extensive marketing of our qualified officers world-wide to provide some relief and secondly to stop the indiscriminate training schemes by regulating the entry.
The 33rd Port State Committee Meeting (IMO) held between 9th of May to 11th of May 2000 at Southampton, UK, categorically emphasised that the strongest link for The Safety of Life at Sea is the seafarer. For justice and safety at sea the human link is the most important.
A number of developments, innovations, legislations, conventions have been made to ensure safety of life, ships, cargoes and seas yet lot has to be done for the safety and well being of human beings - the main link without which safety of life is a mad man's dream.
I wish to briefly comment on a few developments and issues.
a) ILO code of practice on safety and health: Consequent upon ILO meeting in December 2003 the decision of replacement for the 27 years old ILO Code of Practice on Safety and Health is warmly welcomed by the seafarers and dock-workers world-wide.
The final text of the ILO code of practice on safety & health for ports is a great document.
We strongly encourage every jurisdiction around the world to adopt it as a basis for an effective safety and health programme.
b) Seafarers and Dock-workers must be consulted by government/employers when they draw up effective safety plans.
c) The vote to abandon the IMO's decision (MSC 76) in May this year regarding making double hull compulsory for bulk carrying ships built after 2007 is a shock to the seafarers and this is a sad reminder that there are still people and nations prepared to put cost saving ahead of life saving.
This decision is "A kick in the teeth for seafarers and a betrayal of all those who have died on bulk carriers.
d) It is imperative to have regulation by flag states of their fleets - regardless of whether these are flag of convenience registers. Lack of regulation and lack of transparency in the operation of shipping registers is bound to hinder maritime security.
e) International ship and port facility security code (ISPS) which comes into effect on July 1, 2004 has placed seafarers at the forefront of the new maritime security regime. This code is an International Regulation that obliges authorities to take measures for the security of ships and ports facilities.
The recent changes in design and technological developments, the ISM Code, GMDSS, regulations regarding bilge / ballast discharge, garbage rules, sewage treatment etc and above all the owner's attitude of reducing manning levels on board merchant ships have caused ill-effects on the health and life of today's seafarers.
The implementation of ISPS code further is bound to increase the stress and fatigue of seafarers. We agree that the implementation of all these regulations is vital for the safety and security of maritime trade but, we recommend to the government and ship-owners to consider firstly to increase the existing manning standards, leave entitlements to reduce prolonged length of service at sea, to provide decent food, adequate clean water and of course a reasonable increase in the pay structure of the seafarers.
We are of the considered opinion that the well being of human beings - the seafarers is of utmost significance to ensure a culture of safety.
f) ILO/IMO code of practice on security in ports, which is complimentary to the ISPS code in respect of a wider area of the port, has also been agreed. The code covers port's security assessments, awareness training and confidentiality.
ILO Convention No. 185 (Seafarers Identity Documents). This Convention has revised previous rules to provide a global and uniform identity document for seafarers. It has heightened security measures, including the use of biometric finger printing systems, while providing guarantee to the safety of genuine seafarers yet we observe the infringement of basic human rights.
g) All understand that "shore leave" to seafarers calling at ports of the world plays a pivotal role in sequence with the seafarers well-being and the resolutions guarding this right have been adopted at both the ILO and IMO Conventions.
Convention No. 185 properly provides for individuals going on shore. Some States, however, including the US, have said that they will not recognise this - putting at risk both seafarers' shore leave and also restricting access to employment on ships calling in their ports.
Actions such as posting armed guards on ship gangways have widely criminalized seafarers.
In April, 2004, in response to moves by the US Government to abolish crew list visas (where one application covers a whole crew) and makes seafarers go through individual procedures that are complicated, expensive, time consuming and invasive.
The US government (Department of State) issued a public notice No. 4654 regarding documentation of Non-Immigrants under the Immigration and Nationality Act as amended - elimination of crew list visas and asked for the comments world-wide to make a final rule by May 17, 2004.
We have sent our comments to the competent US government authority but, it is regretful to note that the stewards to the government of Pakistan unfortunately have not at all sent any comments to the US government even at a time when Pakistan is the front line supporter of the US led war against Terrorism.
h) The 1988 IMO convention for the suppression of unlawful acts against the safety of maritime navigation is being revised to broaden its scope to address current terrorism concern.
HOW DO WE KNOW WHEN A CONTAINER IS SAFE: Potential terrorist and equipment have been discovered in containers in ports. A recent fire, involving hazardous material, which had not been identified, inside a container due for storage in the port of Los Angeles has underlined the danger of inadequate container screening.
In the US, container security measures have failed to take full account of the inspections of empties.
It is interesting to note that published reports say that 30% of the Bush administration's port security grants have gone to big oil and chemical companies while ports and their workers are left without the security protections they need.
Container security most notably affects the port industry, but has implications for all transport modes.
The involvement of several modes in the tracking of container goods in transit via road, rail or waterways to airport and maritime ports... demonstrates the need for a co-ordinated security approach.
The installation of scanners at seaports in Pakistan with a view to screening all export containers to meet International security obligations is under way.
We consider that such an arrangement is a part of the "war against terrorism" led by USA. Pakistan is a frontline supporter of USA. We are a developing country and such arrangements when in use shall cause financial restraints, delays in our exports, extra work, staff etc.
The US government may consider sizeable grants, support and all associated facilities each year to the government of Pakistan to take care of all associated expenditures and losses due to delay in exports including all associated matters to encourage and facilitate the government of Pakistan.
Notwithstanding, all that has been said above, our message on this auspicious occasion of World Maritime Day - 2004 for all the citizens and governments of the world is;
"The shipping Industry is currently ruled by a compliance culture, rather than one of safety. We need a safety culture, not a compliance culture. An end to the infringement of the seafarers human rights, including that of the people of the world. This is the only way to ensure everlasting safety, security, peace, progress, happiness and glory".
(The writer is General Secretary, Pakistan Merchant Navy Officers Association.)
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