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INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

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Page 1: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

INTERTANKO

The Challenges of the Seafaring

Profession Today

Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Page 2: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Presentation

I. Introduction

II. Key Challenges

III. Industry Initiatives

IV. Focus: Issue of Piracy and Armed Robbery

V. Conclusion

Page 3: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

International Association of Independent Tanker Owners

Membership

• Over 2500 tankers in membership representing ca. 73% of the independent oil tanker fleet with strict membership criteria

• 300 + associate members in oil and chemical tanker related businesses

• Offices in London, Oslo, Washington, Singapore & Brussels.

Page 4: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Management Committee

Council

Executive Committee

Annual General Meeting

Shipowner Issues Sub-Committee

Q-QuestSub-Committee

Chemical Tanker Sub-Committee Americas

Bunker Sub-Committee

Chemical Tanker Committee (CTC)

Associate Members Committee

Insurance & Legal Committee

Documentary Committee

Environmental Committee

Human Element Committee

Short Sea Tanker Group

IT Committee

Offshore Tanker Committee

Safety, Technical & Environmental

Committee (ISTEC)

Worldscale Committee

Vetting Committee

ASIAN REGIONAL PANEL

HELLENIC FORUM

LATIN AMERICAN PANEL

NORTH AMERICAN PANEL

ORGANISATION

15 issue-driven Committees&

5 Regional Panels

Page 5: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

INTERTANKO Services

• INTERTANKO is the voice of the tanker industry - representing and promoting the interests of responsible oil and chemical tanker owners worldwide

• provides its members with technical, operational, legal, documentary and other support services, information and advice

Page 6: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

MISSION “Provide leadership to the Tanker Industry in

serving the world with the safe, environmentally sound and efficient seaborne

transportation of oil, gas and chemical products.”

VISION for the TANKER INDUSTRY

“A responsible, sustainable and respected Tanker Industry, committed to continuous

improvement and constructively influencing its future.”

Mission and Vision

Page 7: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Commitment to Continuous Improvement

Primary Goal

Lead the continuous improvement of the Tanker Industry’s performance in striving to achieve the

goals of:

Zero fatalities

Zero pollution

Zero detentions

Page 8: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Seaborne Crude Oil Flows 2005

Page 9: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Source: ITOPF. Number of spills above 700 tonnes.

Record of Oil Spills

Page 10: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Tanker incidents by cause 1978-2007 and accidental pollution

1000 ts oil pollutionNo. incidents

0

200

400

600

800

100078 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07

0

100

200

300

400

500

600

700

War

Hull & Machinery

Fire/Expl

Grounded

Coll/Contact

Misc.

Pollution - bars

Source: INTERTANKO/LMIU/ITOPF/various

Page 11: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Pollution from tankersTonnes / billion tonne mile

Source: ITOPF/Fearnleys

10001000ts spiltts spilt

bn bn tonne-mtonne-m

0.0

0.7

1.4

2.1

2.8

3.5

1970s 1980s 1990s PR00s

0

26

52

78

104

130

1000 ts spilt

'0000 bntonne-miles

- 63% -6% -78%

-45% -33% -82%-45% -33% -82%Reduction per tonne milesReduction per tonne miles

Tanker accidental pollution rate tonnes spilt per bn tonne miles trade

Page 12: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Presentation

I. Introduction

II. Key Challenges

III. Industry Initiatives

IV. Focus: Issue of Piracy and Armed Robbery

V. Conclusion

Page 13: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Key ChallengesIndustry Image: Meeting

Society’s Expectations

Expectation that Shipping should be:• Safe and Secure• Environmentally Responsible• Reliable• Efficient (low cost)

Zero tolerance of:• Accidents• Pollution (to Sea and Atmosphere)• Other (e.g. unsafe, unhealthy ship demolition)

Page 14: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Key Challenges

• Global regulation for a global industry,

adopted and implemented uniformly

• Proliferation of unilateral regulations

• National and regional regulations threaten the supremacy of the International Maritime Organization. (IMO)

Page 15: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Key Challenges

Human Element / Manning Issues

• Shortage of qualified seafarers• “Poaching”• Faster promotions = outstripping the development

time needed to train seafarers• the development of enhanced compliance cultures• The IMO Secretary-General quoted statistics

suggesting that some 80 per cent of accidents are attributable in some way to human error

Page 16: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Inter-Industry Group

The Inter-Industry Group consists of: • INTERTANKO• International Chamber of Shipping (ICS)• Oil Companies’ International Marine Forum

(OCIMF)• European Chemical Industry Council (CEFIC)• International Association of Classification Societies

(IACS), • The International Group of P&I Clubs (IG)• International Parcel Tankers Association (IPTA).

Page 17: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

IIG Conclusions

The primary cause of these incidents could be attributed to the

failure of the crew to follow procedures.

Page 18: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Recommendations

• To find solutions to the primary cause of the incidents, i.e. the Human Element

• Application of Inert Gas to new oil tankers of less than 20,000 DWT and new chemical tankers.

Page 19: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Det norske Veritas Analysis of Incidents

• reduction in the general level of experience as ships were crewed with more new recruits, retention rates declined and people were promoted faster.

• Loss of experience among crews was also a “stress factor” for those who continually had to train new crew members.

Page 20: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Tanker contracting

$ bn$ bn m dwtm dwt

VLCC 13. 4 $ bnSuezmax: 5.9 ”Aframax: 8.8 ”Panamax: 2.8 ”Handy: 22.9 ” (43%)

Source: INTERTANKO/Clarkson Shipyard MonitorSource: INTERTANKO/Clarkson Shipyard Monitor

0

11

22

33

44

55

0

17

34

51

68

85

Handy

Aframaxes

Suezmaxes

VLCCs

m dwt

Page 21: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Key Challenges

• Piracy

• Criminalization

• Global Financial Crisis

Page 22: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Presentation

I. Introduction

II. Key Challenges

III. Industry Initiatives

IV. Focus: Issue of Piracy and Armed Robbery

V. Conclusion

Page 23: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Industry initiatives supportingrecruitment, training and retention

• Raising awareness of the industry, targeting young people as well as media, politicians, regulators and the public (www.maritimefoundation.com)

• Enhanced cooperation with educators/trainers

• Policies for cadet berths and training facilities on ALL new ships

• Programmes for maximum utilisation of cadet berths on existing ships

• Developing industry standards for Tanker Officer Training, covering proficiency and experience

• Running seminars and workshops for officers and seafarers on Tanker Industry issues (e.g. vetting seminar in Manila)

Page 24: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Industry initiatives supportingour crew’s welfare and well-being

• Speaking out against unjustified criminalisation, and challenging bad laws through the courts

• Actively supporting IMO-ILO guidelines on Fair Treatment of Seafarers (in event of Maritime Accident)

• Campaigning for improved conditions for shore access when security constraints active

• Working to reduce multiple and overlapping inspections

• Promoting solutions to lessen technical and operational burden of equipment, systems and associated paperwork

• Prepared guidelines for safe handling of cargoes and fuels, tank cleaning and entry, and lobbying for better HSE information on cargoes and bunkers

• Developed guidelines on implementing ILO Convention on “work and rest hours”

• Promoting higher standards of accommodation as industry “norms”; (including e.g. broadband, etc.)

Page 25: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

TOTS - Tanker Officer Training Standards(new INTERTANKO initiative)

• Covers officer competences and training, as well as time in rank and time with company

• An alternative approach to oil companies’ “Officer Matrix” requirements, based upon “Time in Rank” and “Years with the Operator”

• Incorporates training modules onboard and ashore, as well as verification processes

• TMSA compatible

Addresses “Quality and Experience”

Page 26: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

TOTS Approvals

TOTS is approved as a Professional Standard by:

• The Nautical Institute.

• The Institute of Marine Engineering Science & Technology.

Page 27: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

The Issues

• Increasing Incidents• Officer Training • Human Element Factors • Shortage of Experienced

Officers

• Oil Company Officer Matrix Systems

Contradictory Prohibits Promotion Difficult to Comply with

Requirements

Page 28: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

The TOTS Objectives

• Provide a coordinated response by INTERTANKO

• Provide comfort to Oil/Cos via a structured controlled process;

• Enhance competency based training;

• Provide verification of understanding;

Page 29: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

The TOTS Objectives

• Ensure compliance with today’s rules & regulations.

• “Ease compliance” with Officer Matrix Requirements.

• Ensure that the team onboard will operate the tanker environmentally aware & safe.

Page 30: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

TOTS Project Partners

Vetting Committee HEiSC TOTS Working GroupTOTS Working Group

AET Ship Management (Singapore) Ltd

Interorient Marine Services

Minerva Marine Inc.

Broere Shipping BV

Brostrom Tankers SAS

MOL Tankship Management (Europe) Ltd

Anglo Eastern Ship Management Ltd

Teekay Shipping (Canada) Ltd

Page 31: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

TOTS Project Partners

Warsash Maritime Academy- Simulator Training/Verification

Malaysian Maritime Academy- Engineering Skills/Modules

MARLINS- CBA Verification

Page 32: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Overview of TOTS

TOTS contains Four Elements

1. TOTS: Training Record Books: Time in Rank Time in Company

2. TOTS: Computer Based Assessment (CBA) Time in Rank

3. TOTS: Company Verification (CBA) Time with Company

4. TOTS: Ship Specific Practical Simulator Verification/Training Tanker Type Specific Time in Rank

TMSA Part 3, 6, Stage 4

TMSA Part 3, 3, Stage 4, TMSA Part 3, 3A, Stage 2 & 3:TMSA Part 3, 5, Stage 3: TMSA Part 3, 11, Stage 1

Page 33: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

TOTS Pictogram

INTERTANKO – Tanker Officer Training Standards (TOTS)

STCW 1-4 = TOTS

11 22 33 44

Entry Level Core Competency Statutory Training STCW Reg V/1 1.2

Statutory Training STCW Reg V/1 2.2

TOTS: Company BasedRank/Ship SpecificTime in Rank (Tanker)Time in Rank (General)Time in CompanyTMSA Part 3, 3, Stage 4TMSA Part 3, 3A, Stage 2 & 3TMSA Part 3, 5, Stage 3TMSA Part 3, 11, Stage 1

Computer Based AssessmentTime in Rank General

Company Verification ofTime with Company

Simulator Training &Verification (Cargo)Time in Rank, Tanker Type SpecificModules 4A, B, C, D, E, & FTMSA Part 3, 6, Stage 4

StatutoryRequirement

StatutoryRequirement

(Voluntary TOTS)Company Training Record Book

(Voluntary TOTS) CBATime in Rank

(Voluntary TOTS)Company Verification

(Voluntary TOTS) Shore BasedSimulator Verification & Training

IMO TankerEndorsementPetroleum

IMO TankerFamiliarisationModel Course 1.01

IMO TankerEndorsementChemical

(Module 1A)Command Tanker ModuleMaster & Chief OfficerTime in Rank

(Module 1B)Senior Engineering OfficersTime in Rank

(Module 1C)Junior Deck/Engineering OfficersTime in Rank

(Module 1D)All OfficersTime in Company

CBA Training of GeneralElements & General

Tanker SectionsTime in Rank

Shore BasedCompany Assessment of

Time with Company

Module 4B Chemical Simulator VerificationModule 4D Product Simulator VerificationModule 4F Crude Simulator Verification

(Not: Applicable to Engineer Officers)Module 4A Chemical Simulator TrainingModule 4C Product Simulator TrainingModule 4E Crude Simulator Training

Page 34: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

1. TOTS : Time in Rank

Human Element addressed in each record Book via CRM:

• Situational awareness• Planning & Decision

making• Communications• Teamwork• Emotional climate• Stress• Managing Stress• Commercial Organisational

Pressures & Morale• Fatigue

Page 35: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Presentation

I. Introduction

II. Key Challenges

III. Industry Initiatives

IV. Focus: Issue of Piracy and Armed Robbery

V. Conclusion

Page 36: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Roundtable of International Shipping Associations

BIMCO, International Chamber of Shipping (ICS), INTERCARGO and INTERTANKO

The Roundtable represents the entire merchant shipping industry worldwide

Page 37: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Roundtable Position

• Issue of piracy and armed robbery has been a recurring theme on the agendas of the international associations for a number of years

ROUNDTABLE POSITION:

It is unacceptable that merchant ships and merchant seamen should be subjected to armed attacks at sea in the 21st century.

Page 38: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Major concern

• Extremely grave threat to the lives of the crews and the safe operation of ships

• Not only are the attacks on an upward trend, but the level of violence has also significantly increased

Page 39: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

IMB Annual Report 2008

• shows an unprecedented rise in maritime hijacking in 2008

• worldwide total of 293 incidents• 49 vessels were hijacked, 889 crew taken

hostage and a further 46 vessels reported being fired upon.

• A total of 32 crew members were injured, 11 killed and 21 missing – presumed dead.

• Guns were used in 139 incidents• Most of these incidents occurred in Nigerian

and Somalian waters

Page 40: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

IMB Annual Report 2008

“ 2008 saw the largest tanker ever being hijacked by Somali pirates, and successful attacks being carried out at greater distances from land than in previous years. All types of vessels with varying freeboards and speeds were targeted. The pirates boarding the vessels were also better armed than in previous years and prepared to assault and injure the crew.”

Page 41: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Baco-Liner 2

Page 42: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

MV Hereford Express

• Livestock Carrier – ballast voyage

• General Santos, Philippines to Broome, Australia

• Armed attack by unidentified water borne crafts, 7 June 2008 at 09.45

• Lat 03 24.6N Long 125 05.1E (Indonesian Archipelago)

Page 43: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

MV Hereford Express

Page 44: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

MV Hereford Express

• .

Page 45: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

MV Hereford Express

• .

Page 46: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Recommendations

• The Indonesian government be formally requested to clarify this incident

• The Indonesian authorities provide clear guide lines as to how their Marine Police and Cost Guard undertake interception of merchant vessels so that Master of merchant vessels can determine more clearly if it is an “official” approach or potential piracy attack.

Page 47: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Piracy Trends

• When looking at trends from various sources like ReCAAP, IMO and the IMB reports one thing became evident:

• More and more of the incidents occur in

TERRITORIAL WATERS

Page 48: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Industry Solutions at Micro Level

This will involve actions and preventive measures being taken by shipowners and

their crew on each ship

Page 49: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Actions by seafarers

• Be vigilant

• Reduce opportunities for theft

• Secure Restricted Areas at all times and establish safe secure area(s)

• Maintain, exercise and regularly review your Ship Counter-piracy Plan

• Report all incidents to the coastal and Flag State authorities

Page 50: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Actions by Seafarers

The Counter-piracy Plan• The need for enhanced watch keeping; use of

lighting and surveillance, detection or perimeter protection equipment

• Crew responses if a potential attack is detected or an attack is underway

• The radio and alarm procedures to be followed• The reports that should be made after an attack, or

an attempted attack• Training to ensure crew react consistently to an

incident

Page 51: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Industry Solutions at Macro Level

• The industry has issued its own guidance for merchant ships to protect themselves against attacks whether in territorial waters or on the high seas

• Urged relevant coastal states to take effective action against attacks on merchant shipping in their territorial waters

• Strong support to the IMO in its efforts to tackle the problem at inter-governmental level

Page 52: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Solutions: Involvement by Governments

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP)

The Integrated Coast Guard Network of the Maritime Organisation for West and Central Africa (MOWCA)

Page 53: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Solutions: Involvement by Governments

The European Union’s Operation “Atalanta”

This Joint Action by EUNAVFOR in the GOA, the establishment of the Maritime Security Centre Horn of Africa (MSCHOA) and the subsequent "Close Support Group Transit" system" took over the French led convoy in November 2008.

INTERTANKO fully supports the work been undertaken by EUNAVFOR MSCHOA and UKMTO and has worked closely with them and provided staff on secondment to MSCHOA as "Merchant Navy Liaison Officers"

Feedback from Masters who have used the MSCHOA "Group Transit Corridors" is proving excellent and recommendatory.

All owners are strongly advised to register their companies with MSCHOA at their web site http://www.mschoa.eu/ 

Page 54: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Increasing Trends: 3 Key Aspects

• Very complex economic and political internal challenges for countries on the top of the list of hotspot areas

• Capturing perpetrators – major challenge, Art. 111 UNCLOS Right of Hot Pursuit; lack of cooperation between some regional governments; and lack of resources

• Loopholes in the international legal framework that undermines the effective prosecution of perpetrators

Page 55: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

International law and Maritime Zones

Under international law, the rights and obligations of states with respect to attacks against ships are dependent upon where the attack took place

a) High seas / EEZ

b) Territorial waters

Page 56: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

International Treaties

Geneva Convention on the High Seas of 1958

and repeated in the UN Convention on the Law of the Sea of 1982 Piracy (UNCLOS)

One of the major deficiencies of the international rules concerning the

suppression of piracy is its narrow definition of piracy under Art. 101

Page 57: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

UNCLOS Article 101 Definition of piracy

In order to be considered an act of piracy the following 5 elements should be fulfilled:

1. Illegal act of violence such as robbery, murder, assault, rape

2. Motivated by private gains

3. Committed by persons on board a private ship

4. Directed against another vessel

5. High seas or outside any States jurisdictions

Page 58: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

UNCLOS Limitations

• 2 ships rule – attacks by crews / stowaways not included

• Motivated by private gains – political terrorist type attacks not covered

• Most attacks happen in territorial waters; therefore acts are not punishable under Art 105.

• Article 111. The Right of Hot Pursuit ends when the fleeing vessel enters its own or a third state’s territorial waters

Page 59: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Jurisdiction in the Malacca and Singapore Straits

Page 60: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

SUA Convention

• Italian cruise liner Achille Lauro 7 Oct 1985• 4 armed Palestinian militants (PLF) hijacked the

ship and demanded the release of 50 Palestinian prisoners held in Israel (not motivated by private gains and therefore not covered by UNCLOS)

• The gunmen killed a Jewish- American passenger (2 ships rule not fulfilled)

• In Egyptian waters (UNCLOS Art. 101 piracy definition only applicable to high seas attack)

• Led to the promulgation of the SUA Convention (Suppression of Unlawful Acts Against the Safety of Maritime Navigation) or more commonly known as the Rome Convention convention in order fill the gaps left by UNCLOS.

Page 61: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Limitations of the SUA Convention

• Only applicable within the jurisdiction of States party to it

• the decision by the parties to enforce the Rome Convention is ultimately discretionary

• The Convention does not provide for any sanctions against parties who fail to fulfil their treaty obligations

Page 62: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

International law and Maritime Zones

Under international law, the rights and obligations of states with respect to attacks against ships are dependent upon where the attack took place

a) High seas / EEZ

b) Territorial waters

Page 63: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Territorial Waters

Within territorial waters, jurisdiction over armed robbers rests solely with the Coastal

State

Page 64: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

IMO MSC

The Committee reiterates its request for Member States to provide reports to the IMO on action taken by their governments against incidents reported to have occurred in their territorial waters.

Page 65: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Conclusion

With this I will end my presentation and I hope that it helped highlight the vulnerability of seafarers. The ship is the seafarers’ home, they are in the frontline, and it is really up to us working ashore to support them.

Page 66: INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

THANK YOU

www.intertanko.com

www.themaritimefoundation.com

www.shippingfacts.com