The Indian seafarer deserves better in choppy high seas
Source: The Hindu
For Prelims: International Maritime Organization, United Nations Convention on the Law of the Sea, Red Sea, the Strait of Hormuz
For Mains: General Studies II- The Indian seafarer deserves better in choppy high seas
Highlights of the Article
The resurgence of Sea Piracy
Indian Initiative on Seafarers' Rights
Challenges Faced by Indian Seafarers
International Maritime Organization
United Nations Convention on the Law of the Sea
Context
India has submitted three papers to the 111th Session of the International Maritime Organization’s (IMO) Legal Committee (LEG), held from April 22 to 26, 2024, addressing concerns over the safety of Indian seafarers amidst recent attacks on commercial ships in sensitive areas like the Red Sea and the Strait of Hormuz. These submissions highlight critical issues such as seafarers’ security, contractual terms, and broader maritime security challenges. India has emphasised the necessity for a comprehensive approach to maritime security and has advocated for improved contractual conditions for seafarers. While acknowledging the IMO's efforts in combating maritime fraud, India has called for enhanced international cooperation to address various maritime threats, including piracy, armed robbery, extremist attacks, regional conflicts, and emerging risks such as drone attacks and the use of maritime weapons.
UPSC EXAM NOTES ANALYSIS
1. The resurgence of Sea Piracy
Recent pirate attacks off the coast of Somalia, including hijackings, suggest a resurgence of piracy. In December 2023 and January 2024, Somali pirates targeted vessels such as the MV Ruen and MV Lila Norfolk. India has called for vigilance, proactive measures, and international cooperation to combat piracy and protect seafarers, by the United Nations Convention on the Law of the Sea.
Addressing Unlawful Recruitment Practices
India has highlighted the impact of unlawful recruitment practices on seafarers’ well-being and international trade. Since 2020, over 200 cases of seafarer exploitation have been reported to the Indian Maritime Administration. India has urged international coordination to address these issues and ensure seafarers’ rights under the Maritime Labour Convention, 2006.
Challenges Faced by Indian Seafarers
India, with 9.35% of global seafarers and ranking third globally, confronts these issues, evident from recent incidents such as the seizure of MSC Aries and the detention of MT Heroic Idun in Nigeria. These events highlight the vulnerabilities of Indian seafarers, as catalogued by a survey, showing how a majority lacked legal representation, felt unfairly treated, and were unaware of their rights.
The Need for Enhanced International Cooperation
India has submitted papers to the IMO’s Legal Committee, emphasizing seafarers’ security and contract terms. Yet, enhanced international cooperation is needed to safeguard seafarers and ensure uninterrupted navigation, especially amid rising incidents involving Indian seafarers and geopolitical tensions.
Rising Incidents in the Gulf of Guinea
Three years ago, the Maritime Union of India highlighted a 40% increase in kidnappings in the Gulf of Guinea, with 134 cases of assault, injury, and threats reported. Incidents such as the kidnapping of 20 Indian nationals from the MT Duke and ship owners paying hefty ransoms highlight the dangers faced by seafarers.
2. Indian Initiative on Seafarers' Rights
In response to reported cases of seafarers facing various challenges, the Indian government and the National Human Rights Commission (NHRC) launched the ‘human rights at sea’ initiative. This initiative aims to address issues such as seafarers being held in foreign jails, stranded in foreign waters, and subjected to illegal detentions.
Highlighting Abuses Against Indian Seafarers
The ‘Human Rights at Sea’ initiative has brought attention to abuses against Indian seafarers, including cases of 200 individuals held in foreign jails and 65 stranded in Indonesia for an extended period. The NHRC has underscored the challenges of holding ship owners accountable for violations against Indian seafarers who operate under foreign registrations to evade taxes.
Need for Proactive Cooperation
Recognizing the importance of proactive cooperation among stakeholders, the NHRC emphasizes the necessity of mechanisms to protect human rights in the maritime industry. This includes measures to ensure accountability and address violations effectively.
Growing Concerns Over Maritime Piracy
Maritime piracy poses a growing concern for Indian seafarers, with recent data from the International Maritime Bureau showing a more than 10% increase in serious piracy incidents over the last 10 months. Armed pirates have boarded nearly 90% of targeted cargo ships, posing significant risks to seafarers' safety.
Comprehensive Approach to Address Piracy
Addressing piracy requires a comprehensive land-based solution. While private guards on merchant navy ships can help deter piracy, challenges persist due to the volatile nature of piracy-prone oceans. Bjorn Hojgaard, CEO of Anglo-Eastern Univan Group, emphasizes the complexities involved in safeguarding seafarers in such environments.
Exploitation by Iranian Shipping Companies
Reports suggest that Iranian shipping companies, in collaboration with international recruiters, exploit Indian seafarers by making false promises of high salaries and opportunities in the Middle East. These seafarers often face overwork, insufficient food provision, and involvement in transporting illegal cargo, despite paying hefty fees to secure overseas jobs.
3. Challenges Faced by Indian Seafarers
Despite facing numerous risks, many Indian seafarers remain dedicated to their careers at sea. Therefore, there is a pressing need for improved rights and protection to ensure their well-being. Currently representing 9.35% of the global seafaring population, India aims to increase its share to 20% over the next 10 to 20 years, with ship management companies playing a vital role in achieving this target.
Resilience During the COVID-19 Pandemic
Indian seafarers showcased remarkable resilience and professionalism during the COVID-19 pandemic, contributing to enhancing India’s reputation in the global maritime market. Additionally, the Ukraine-Russia conflict has presented opportunities for new players in the Indian maritime sector.
Heightened Safety Concerns
Recent attacks on commercial ships have intensified safety concerns among Indian seafarers, with some contemplating leaving their jobs due to security fears. This underscores the critical need for government support and enhanced protection measures to safeguard the interests and safety of seafarers.
4. International Maritime Organization
The International Maritime Organization (IMO) is a specialized agency of the United Nations responsible for regulating international shipping. Established in 1948 and headquartered in London, the IMO's primary role is to develop and maintain a comprehensive regulatory framework for the shipping industry. As of 2024, IMO has 176 member states and three Associate Members. Any UN member state can become a member of IMO.
Purpose and Responsibilities
- Establishes and enforces international standards for maritime safety, environmental protection, security, and efficiency of shipping.
- Develops treaties (conventions) that are adopted by member states to ensure consistent implementation of these standards.
- Provides a forum for member states to discuss and address issues related to international shipping.
Key Areas of Focus
- Aims to prevent accidents at sea by setting standards for ship design, construction, operation, and maintenance.
- Works to minimize pollution from ships by regulating emissions, waste disposal, and ballast water management.
- Addresses threats like piracy, armed robbery, and terrorism in international waters.
- Aims to streamline procedures for ships entering and leaving ports to reduce delays and costs.
- Assists developing countries to help them build capacity and comply with IMO regulations.
Structure and Governance
- Headed by a Secretary-General and governed by an Assembly that meets every two years.
- An elected Council, made up of representatives from member states, meets regularly to make recommendations to the Assembly.
- Several committees deal with specific areas like safety, pollution prevention, and legal matters.
Impact and Criticism
- Plays a crucial role in ensuring the safety and security of international shipping.
- Helps to protect the marine environment from pollution caused by ships.
- Facilitates the smooth and efficient flow of international maritime trade.
- Some argue that IMO is slow to react to emerging issues and that its regulations are not always effectively enforced.
- Others criticize the dominance of developed countries in the organization.
5. United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that establishes the legal framework governing the use and management of the world's oceans and seas. Adopted in 1982 and entering into force in 1994, UNCLOS is often referred to as the "constitution for the oceans" due to its comprehensive scope and broad acceptance among the international community.
Core Principles
- Ensures the right to navigation, overflight, fishing, and scientific research on the high seas (areas beyond national jurisdiction).
- Defines the rights and jurisdictions of coastal states over their territorial sea (up to 12 nautical miles from the baseline), contiguous zone (up to 24 nautical miles), exclusive economic zone (EEZ - up to 200 nautical miles), and continental shelf (potentially extending beyond 200 nautical miles).
- Establishes a framework for the exploration and exploitation of resources in the Area (seabed and ocean floor beyond national jurisdiction) for the benefit of humankind.
- Requires states to protect and preserve the marine environment and prevent pollution from ships and land-based sources.
- Provides mechanisms for the peaceful settlement of disputes arising out of the interpretation or application of the Convention.
Benefits
- Creates a stable and predictable legal framework for ocean activities.
- Promotes the peaceful use of the seas.
- Protects the marine environment.
- Ensures the equitable and sustainable use of marine resources.
- Provides a mechanism for resolving disputes peacefully.
Criticisms
- Some argue that UNCLOS does not adequately address emerging issues like deep seabed mining and climate change.
- Enforcement mechanisms can be weak.
- The process for revising the Convention can be slow and cumbersome.
6. Conclusion
The concerted efforts from governments, international organizations, and stakeholders are essential to address the challenges faced by Indian seafarers effectively. By prioritizing their safety, well-being, and rights, we can ensure a thriving maritime industry and secure the interests of seafarers worldwide.
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Mains Pratice Questions
1. Analyze the significance of the United Nations Convention on the Law of the Sea (UNCLOS) in governing the use and management of the world's oceans and seas. Assess its effectiveness in promoting peaceful navigation, protecting the marine environment, and resolving disputes among coastal states. (250 Words)
2. Maritime piracy is a growing threat in sensitive areas like the Red Sea and the Gulf of Guinea. Analyze the reasons behind the resurgence of piracy and suggest comprehensive land-based solutions to address this issue. (250 Words)
3. The Indian government is considering deploying armed security personnel on merchant navy ships to deter piracy. Analyze the potential benefits and drawbacks of this approach. Suggest alternative or complementary strategies that could be implemented to ensure the safety of Indian seafarers. (250 Words)
4. You are a maritime administrator. A group of Indian seafarers working on a foreign-registered ship approaches you with complaints about unfair treatment and illegal working conditions. What course of action would you recommend? (250 Words)
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