Position Paper Against Ban On Deployment 04.06.09

Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

POSITION PAPER ON THE PLANNED BAN ON DEPLOYMENT OF SEAFARERS PLYING THE SEALANES SERVING AS A VITAL ARTERY IN INTERNATIONAL COMMERCE DIRECTLY AFFECTING EUROPE, THE MIDDLE EAST AND ASIA. By: RADM FIDEL E DIÑOSO PMMA President

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 as perils/hazards of work of a merchant mariner. In 1979 while still a Second Mate pirates tried to board their vessel off the coast of Palembang, Indonesia. In 1980 already a Chief Mate then right on our very own backyard in Manila Bay, Philippines. In 2001 already a Master Mariner pirates tried to board his vessel off the coast of Bung Tao, Vietnam. He was able to escape by adopting evasive maneuvers while approaching Singapore. He is currently the President of the Philippine Merchant Marine Academy (PMMA) a premiere State-Run and oldest maritime educational institution in the country and the whole of Asia)

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

Introduction:

The Golden Age of Piracy lasted for thirty years, from 1690 to 1720 and Nassau was at its heart. Here was a tropical pirate paradise which attracted the greatest concentration of pirates ever seen in the New World. Nassau was well suited as a pirate base of operations, its waters were too shallow for a large man-of-war but deep enough for the fast shallow draft vessels favored by pirates. From their snug harbor they could employ their hit and run tactics to full effect; they devastated merchant shipping that plied the trade routes just a short sail away. Their pirate gold and goods formed the basis of a thriving community that attracted rogues, merchants and wild women from far and wide. (www.pirates_of_nassau.com/History)

Modern day pirates have become more sophisticated in their ways and they have been emboldened by their successes in their nefarious activities. Presently, the attention of the global community has been centered in the acts of piracy being committed by local armed gang members emanating from warlord factions said to be based in P untland, the northeast autonomous region of Somalia, the town of Eyl (Figure 1)

while the other armed gang members are based in the south-central Somali town of Xarardheere (Figure 2) Source: (www.voanews.com) (www.globalmaps.com)

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

Figure 1 – Eyl Location Map

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

Figure 2 – Xarardheere Location

Figure 3 - Gulf of Aden Location

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

It has been said that Somali pirates target all sorts of vessels: from small pleasure crafts to cargo ships and even giant oil supertankers. Sometime November of last year the Arabic oil tanker Sirius Star was captured 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 to further pursue their illegal acts of piracy. (Source: Somali Piracy – Solving an International Crisis

by: 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 are key sea lanes that connect the Indian Ocean with the Red Sea, the Mediterranean and Europe through the Suez Canal. Estimates indicate that about 20,000 ships pass through the Somali coast, 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 a sense, the sea lanes are a vital artery in international commerce. The pirates are now expanding operations outside the Gulf to the Indian Ocean, 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 are not in fact pirates in its strictest sense rather, most of them are exfishermen, forced by circumstance into piracy by illegal over fishing while some are ex-military men looking for work in an increasingly unstable and politically volatile country. These so called pirates see themselves as defenders of the Somali coastline, fighting off the previously mentioned illegal fishing trawlers and ships looking to dump waste in the poorly monitored Somali waters.1 5  (63) (47) 9134394 / 9134395 / 9134396 / 9134397   +63+47+9134398

Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

In a sense, these so called pirates are like coast guards, their success, fame and stated intentions have endeared them to some of the Somali people, even managing to bring stability to the Puntland area where they 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 really working? Experts say that pirates are generally not interested in the cargo or the crew – they only want ransom money ranging from several million dollars per vessel. In an effort to combat piracy off the coast of Somalia, the international community has sent navy ships to patrol the area. They come from the United 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 that different vessels plying the sea lanes are safe and sound from pirate attacks. Roughly, we are talking of about two million square miles hence, it is an enormous area to monitor/patrol. (Ibid) Many maritime analysts believe that naval presence alone will not eradicate piracy in the region. It has been stated that the international community must seriously address the core problem: the lack of an effective governm ent in Som alia, a country regarded by many as a failed state. (Ibid 2) Is arming seafarers an option to thwart pirate activities? If crewmembers were allowed to carry arms and eventually fight back, serious ramifications in so far as insurable interest coverage for it would tend to increase dramatically for the risk involve would be much greater. Considering as well the personal liability claims, probable actual damage 6  (63) (47) 9134394 / 9134395 / 9134396 / 9134397   +63+47+9134398

Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

to vessels or cargo on board, this would ultimately be more expensive as compared 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 more preferable not to arm seafarers. In Philippine Setting, would it be a wise move to implement a ban on deployment of Seafarers? In response to the strings of acts of piracy which has so far affected vessels passing through the Gulf of Aden and has resulted in the capture of about 227 Filipino seafarers, the Philippine Government, as a valid exercise 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 Patriae Doctrine”, 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 Philippine leaders for them to exert extra pressure for the immediate release of the remaining hostaged Filipino seamen by Somali pirates. Since 2006, from the total recorded captured Filipino seafarers of 227, about 122 have already been freed so far. The cries and please of the families whose love ones have been captured are understandable and deserves due compassion by the Philippine government. It is however noteworthy to point out that there are other points that needs to be carefully looked into by our top leaders to enable us to arrive at a sound policy judgment with direct bearing on the still unreleased Filipino seafarers. The attention of our top government leaders is invited on the following salient points for consideration, to wit: 7  (63) (47) 9134394 / 9134395 / 9134396 / 9134397   +63+47+9134398

Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

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. In Malaysia, Indonesia, Singapore, Brazil, and other major sea lanes used by various vessels. Piracy abounds yet no ban on the deployment of seafarers are resorted too; 2. The lone Filipino fatality who was captured by Somali pirates was more a result of an accidental shooting rather than an intentional one; 3. Based on statistics, more seafarers either get sick or worst die on board, absent any acts of piracy, but more of work related incidents; From 19 August of 2008 to 14 April 2009 about 19 vessels of various types covering a total of 439 crewmen, 261 of whom are Filipino’s have been captured and as of 17 April about 175 Filipino crewmembers have already been released while 86 remains, as Somali pirate captives. (Source: DFA – Office of Migrant Workers Affairs) 4. During the Iraq-Iran war in the 80’s many Filipino seafarers died then but there was no ban on deployment of Filipino seafarers. It merely affected the increased coverage in insurance of both crew and cargo given the attendant hazards then; 5. The current economic downturn seriously affecting not only the developed countries abroad as well as our very own country is something to be seriously considered. Any further hardships on international commerce is not needed; 6. Statistics show that about 350,000 Filipino seafarers remitted a record high of $3.034 billion in 2008 up by 36% as compared with the 2007 figures. It is noteworthy to consider the possible wide scale displacement of Filipino seafarers and the lost economic gains brought about by possible reduction in foreign remittances; 7. Per DOLE provided figures, about 25 % of foreign cargo vessels passed through Somalia’s Gulf of Aden. Conservative estimates puts it at around 20,000 ships pass through the Somali coast every 8  (63) (47) 9134394 / 9134395 / 9134396 / 9134397   +63+47+9134398

Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

year carrying about 12 % of the world’s oil and about 80 % of commerce between Europe, the Middle East, and Asia. Doing the math and making conservative lost estimates would further worsen the economic woes of hundreds of thousands of Filipino families and those that depend on them. The domino/multiplier effect must be given due consideration. Other service related oriented entities like schools, training centers also 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 for example, if we are to continue to adopt the deployment ban yet similar moves are not adopted by other nations who are also providers of seafaring services, would it not be tantamount to giving them the opportunity to fill in the vacuum of crewmember requirements left by Filipino seafarers?; As a result of the imposition of the deployment ban, can we still continue to market our seafarers abroad as reliable and competent seafarers or would it tend to give reason to vessel owners and foreign principals and in the hiring process, will Filipino seafarers still be given preference over other nationalities or would it tend to ultimately result to lost job opportunities? 9. Can the Philippine government provide similar employment opportunities 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 related problems brought about by displacement in work? 10. Would it be a sound policy move to base our decisions on emotion, pride and passion and public opinion? Or would it be wiser to look at the problem as an opportunity waiting to be taken advantage off by Filipino seafarers?

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

How do we go from here? A solution to Somali Piracy! Making tough executive decisions is no joking matter and we don’t want to be on the seat occupied by our president when sensitive issues 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 corridor provided 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 merchant vessels 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 term response. Banding together of several countries is a step in the right direction and a commendable one at that. However, the need to zero in on the root cause of the problem is very ideal. A more comprehensive coupled with a solid diplomatic cooperation is something that needs to be resolve as soon as possible so we can arrive at a more lasting solution to the problem of piracy in the region and maybe in other parts of the globe as well.

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

Recommended action for consideration: The academe is one of the sectors that would be most likely affected by the deployment ban, if ever, since problems on future embarkation is already on the sidelines brought about by the effects of the world recession, the possible changes in preference of foreign shipping principals must also be anticipated by our policy makers. Given the situation at hand vis a vis the possible problems that will eventually crop up, a serious re-consideration on the deployment ban must be taken and acted on a more positive note. In so far as Philippine Labor setting is concerned, let us look and carefully weigh the pros and cons of the problem of piracy and its pernicious economic effects to the seafaring profession and economic implications, in general. Consider the economic woes that will be suffered by the displaced workers, the question that begs for an answer is, are we willing to allow our highly skilled and competent seafarers loose their edge in the world maritime fleet and allow other nationalities to take our place? Simple mathematical computations would reveal the extent of loses and in all honesty, it may even tend to create more problems than provide solutions to the family of a would-be displaced Filipino seafarer and his dependents We earnestly appeal to our executive policy and top decision makers to re-consider the deployment ban unless you want the sea-based labor supplying industry to die a natural death and all economic gains go to waste. This view is equally shared by the Department of Labor & Employment (DOLE).

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Republic of the Philippines

Philippine Merchant Marine Academy San Narciso, Zambales

The impracticability of disembarking Filipino crewmembers before passing the Gulf of Aden, if ever practiced would be a crewing nightmare, the question is begging to be asked, where will the manning agents find the relieving crew and how can the vessel operate continuously if there are no available crew to temporarily replace 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 solutions and provide a feasible and practical way out. There are many positive alternative courses of action that can be resorted too, let us not take the drastic ones. Let us learn from experiences and lessons of the past to better guide us in our future decisions. This appeal for calm, sobriety, well-thought off plans and solutions is highly in order. Let us not waste the opportunity rather, let us make it work to our advantage.

Sincerely,

RADM FIDEL E DIÑOSO PMMA President

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