Do We Really Care About Seafarers or ONLY THE GOODS THEY CARRY ???

 If you really want to know about a Ship Captain’s plight (In a way Seafarers plight) who claims to earn USD15000/Month (Tax free) pls read patiently and decide how painful job it is just because no Government in this world is on his side. *Pls read below till end*

Dear Friends,

Today (5th April) marks the National Maritime Day of India - a day to recognize and acknowledge the social contributions of the shipping industry in general and the seafaring community in particular. And it is only incidental that this year’s celebrations, though shadowed by the Covid Pandemic, happens against the backdrop of the Great Suez Blockade, when “Ever Given” has become a household name across the world.  These were the days when the whole world realized, that a ‘single failure’ (human or machinery) on a ship can simply hold the world economy at ransom for days together. When around 350 merchant ships manned by less than 7000 seafarers were stranded, experts quickly estimated the bleeding to the world economy to the tunes of several million every hour!! But very few would have thought of the economic impact of 80000+ merchant ships manned by over a million seafarers if stranded even for an hour.  And that is what the world shipping is all about…. 

On 29th March, when the ship’s whistle of Ever Given sounded louder than ever to symbolise her release, it would have been a soothing music to the ears of the world economy. But for the 20 odd seafarers onboard ‘Ever Given’, it could only be the beginning of another ordeal. The blame game will now unfold as in every marine casualty… the investigation will move on like a pre-scripted screenplay and the vessel with its cargo and crew will be seen as an easy ransom and in all probability, the buck would stop on one man- the Master of the ship. For a ship, registered in Panama, owned by a Japanese shipping company, managed by a German management company, charted by a Taiwanese company, classed with an American Society, insured by a British firm, manned by Indian seafarers, carrying cargo from China to Europe, while transiting an Egyptian canal, piloted by Egyptian pilots runs aground while under the command of an Indian master. Where do we begin and where do we end? Unfortunately, every entity would have an ISM term to hold on to- “Overriding authority of the Master” !! But those who know the real world of shipping would vouch that such ‘authority’ of the master often surfaces only after a casualty and while requesting for relief, provisions, or spares, his authority often ends as an unanswered message to the company. 

Mind you, in this case, the Master and his crew had brought this mammoth ship from Malaysia to Suez as safe as any other ship. The only lapse on his part could be that he believed the experience, expertise, and professional skill of the two Pilots from the Suez Canal Authority (SCA) who came to guide him through the tricky canal, which he is unfamiliar with. On the other hand, did the Master have any other option than to accept the mandatory pilotage through the Canal? 

Friends, if you trail back through any other maritime casualty, the script could be identical. From shipping company to insurance, every ‘interested party’ in a marine casualty needs a scapegoat to protect their interests and the master and crew happens to be weakest, easiest, and more importantly, the safest option- legally, politically, and financially!! Because ‘crew negligence’ is the safest term in marine insurance or so are the rules made out to be….

We have been seeing this in every marine incident in our memory lane, even during the most high-profile one of all marine casualties, the Titanic. Capt. Smith voluntarily going down with his ship, even though he had every opportunity to save himself, may be considered as the most heroic portrait in maritime history. But for me, it was nothing short of a suicide, knowing fully the ordeal which would have been waiting for him, had he been alive. Heroes die only once- but if he was alive like a coward, he would have been awarded capital punishment many a times by every entity of the society from the media to the legal system. From that perspective Capt. Smith is a hero of all times. 

But, Capt. Mathur of Erica or Capt. Mangoras of Prestige- two unfortunate humans on command of the ill-fated oil tankers involved in two of the most infamous marine casualties were not so heroic as Capt. Smith. While the international maritime community praised the Master of Erica for his heroic efforts to save all lives on board till the last moment from the yet un sunk stern of the ship, the Indian Master Capt. Karan Mathur was arrested & jailed in France on the same day itself. His helpless plea telecast all over the world still hounds the International Maritime community even today- Quote: Why am I being jailed? I am not a criminal. I am only operating the ship and did everything possible to save all lives. I am not the one who owned the ship. I am not the one who certified the vessel. What about them? What kind of system is this? Unquote. Capt. Mangoras of Prestige also had the same fate of months of jail term.

Gentlemen, are these isolated cases? Unfortunately, the answer is a firm NO! And more seriously, it is universal in nature, whether in developed, developing, or underdeveloped countries or under democratic, communist, or autocratic political leaderships. We have seen this in the case of Capt. Hazelwood of Exxon Valdes in United States, Capt. Mathur of Erica in France, Capt. Mongoras of Prestige in Spain, Capt. Goel of Kasuga in Taiwan or Capt. Chawla of Hebei Spirit in South Korea. 

According to a report submitted to the IMO by the International Federation of Ship Masters Associations (IFSMA), 8% of seafarers and 24% of masters who took part in the survey had faced the threat of criminal charges at one point or another. More alarmingly 90% of seafarers who had faced criminal charges did not get proper legal assistance, while 91% did not get services of essentially required interpreters.  88% did not have their legal rights explained to them and 80% felt intimidated or threatened by the hostile approach of the investigators.

Miles away from their families, in an alien country, amongst the people speaking unheard languages, having no friends or relatives to console or counsel, with no legal system of his country to back, facing hostile interrogations by investigators with no maritime background, spending custodial life with petty criminals and above all not knowing when or whether their ordeal will end; Friends, is there a better example of human rights violation unbecoming of a civilized society than the criminalisation of seafarers who bring them 90% of the essentials to luxuries for their modern-day life?

When we boast of our Indian cultural legacy of humanity and universal brotherhood, is the situation any better for our seafarers in Indian waters? I was personally involved in the investigation of an incident a few years back in the Kerala coast, when a Panama flagged Bulk carrier collided with an Indian fishing boat, in which two Indian fishermen lost their lives. I do not wish to comment on the merit of the case, but reiterate my position that anyone at fault deserves commensurate punishment. But when we paint criminal texture to such incidents, should we not introspect whether it is ethical of a civilized society? For me, an act to become a crime, it needs to have a proven motive behind it. What kind of motive, a Greek Master or a Burmese seaman on a Panama ship on her way from Europe to China, diverted for a bunkering port at Kochi can have against two Indian fishermen whom they might not have even seen or heard of?  

Leave alone the human rights of the Greek Master or Burmese seaman involved in the accident, who spent months in jail and over three years in house-arrest, just think of the plight of the remaining innocent seafarers on that fully laden ship which was held up with its entire crew and cargo at the outer anchorage for over 9 months, without a sign-off or shore leave to the crew. Some of them had even completed 18 months on board when the vessel finally sailed out. What about the Seafarers’ Magna Carta- MLC 2006, which India has also ratified? We live in a society that proudly acknowledged the human and legal rights of even a terrorist who ruthlessly gunned down tens of our innocent citizens; but what about the human rights of these poor sailors who were literally in captivity for months for no fault of theirs? 

For me, the sea means love, respect, and fear and those who go to sea for their livelihoods and thereby provide service to the entire society deserve our utmost respect, consideration, and protection. Having said this, I also confirm that as a law-abiding citizen, I believe that anyone who deliberately flouts the law deserves to be punished. But let’s not fight this war against the shadows. Let us do not make the poor sailors as human pawns in the political, legal or commercial games of the industry because those innocent humans onboard only know to run the ship and nothing about other dirty tricks of the game.

At least on this Day, let’s be on the side of these unsung heroes of the seas and their families….