India has submitted three papers to the International Maritime Organization (IMO), in view of the upcoming 111th Session of the Legal Committee (LEG), asking the Organization to address current issues regarding the security and contracting terms of seafarers.
The 111th Session of the Legal Committee (LEG) is set to take place 22 – 26 April. The Committee addresses seafarer matters, including the fair treatment of seafarers, and issues concerning unlawful activities at sea which affect the safety of navigation. India has made three submissions related to seafarers, to advocate for holistic approach to maritime security and better contracts for seafarers.
Maritime security in the Red Sea
As India informs, to combat maritime fraud, the Organization has taken measures of cooperation between stakeholders in order to maintain and develop coordinated action, including the exchange of information with the International Maritime Bureau of the International Chamber of Commerce (resolution A.504(XII)).
Presently, the Committee only addresses legal issues concerning piracy and armed robbery at sea, while legal issues arising from other contemporary maritime threats remain unaddressed.
Given the inherent cross-jurisdictional and global nature of maritime operations, there is an urgent necessity to address all maritime security threats that go beyond piracy and armed robbery at sea, through improved international cooperation, collaboration and coordination among all stakeholders.
… said India in the submission
According to India, the prospective consideration by the Committee of these issues will enable it to promptly and holistically address the legal issues arising therefrom.
Geo-political tensions and regional instabilities also trigger serious maritime security threats, such as deliberate targeting of ships by extremist groups and collateral damage arising from regional or geo-political conflict, India notes.
Such threats may not just be confined to piracy or armed robbery at sea, but may also include other forms of violent attacks on ships, such as the recent drone attacks on merchant ships in the Red Sea, which pose serious risks to the safety and security of ships and seafarers. Other threats include usage of distinct maritime weapons such as anti-ship missiles, sea mines or water-borne improvised explosive devices.
Somali piracy and implications
Furthermore, the recent instances of pirate attacks and hijacking of merchant ships and fishing dhows by Somali pirates indicate the potential re-emergence of piracy attempts in the region, which emphasize the need for renewal of the abovesaid authorizations. The analysis of the Information Fusion Centre – Indian Ocean Region suggests that in December 2023, four incidents of hijacking were reported off the coast of Somalia.
It was also reported that Somali pirates have hijacked a dhow operating off Somalia and utilized the same for attacking or hijacking the Malta-flagged vessel MV Ruen, with 18 crew members onboard.
The said vessel continues to be in Somali territorial waters, making it challenging for the concerned international authorities to take necessary measures therein. Another serious incident concerns the hijacking of the Liberian-flagged bulk carrier MV Lila Norfolk with 21 crew members off the coast of Somalia in January 2024.
Reports suggest that there are at least five vessels that have either been attacked, boarded or hijacked by a Piracy Action Group operating out of Puntland, Somalia. It is also suspected that fishing dhows hijacked off the coast of Somalia are being utilized for these piracy attempts or attacks.
In view of the above, there is a viable and imminent threat to freedom of navigation and commercial shipping from piracy in the region. India suggests that continuous vigilance and proactive measures in the region are not only essential but also non-negotiable to combat the threat of piracy and restore the safety of seafarers and commercial shipping, as well as freedom of navigation.
According to India, the implementation of these measures necessarily aligns with the duty vested on all States to cooperate towards the repression of piracy under Article 100 of the United Nations Convention on the Law of the Sea.
Holistic approach towards maritime security
Alas, maritime security threats go far beyond piracy and armed robbery at sea, and include various other contemporary maritime security concerns, such as terrorism, human/drug-trafficking, cybersecurity risks, weapons of mass destruction, illegal, unreported and unregulated (IUU) fishing, and other environmental threats. However, the Committee is currently only engaged in addressing legal issues relating to piracy and armed robbery against ships (document LEG 111/1).
Unlawful or fraudulent practices associated with the recruitment and placement of seafarers
As India notes, cases related to current practices associated with the recruitment and placement of seafarers on board ships bear adverse consequences on seafarer protection and well-being and impose direct and indirect ramifications on international trade in general.
They harm the physical and psychological health of the concerned seafarers and their families and threaten safety of navigation and security of international trade. They bear cascading ramifications on the fair treatment of seafarers, which is also addressed by the Committee.
Such cases often result in seafarer exploitation with risks to their personal safety and security, such as abandonment, stranding, personal injury or even death.
Since 2020, the Indian Maritime Administration has received reports of over 200 instances where seafarers, who were initially recruited for a specified vessel, were subsequently placed or transferred for service on a different vessel.
… India informs in the submission
Often, the condition of the latter vessel does not align with what was promised to the seafarer. In many of these cases, the seafarers are not only victims of abandonment or stranding, but they are also reported to be missing or dead.
In approximately 50 such reported seafarer abandonment or stranding cases, the Indian Maritime Administration faces challenges in resolving their grievances due to unavailability of relevant details.
These circumstances impact the ability of the concerned seafarer or the next of kin to access appropriate health protection, medical care, welfare, social security protection, wages, or compensation in the event of death or disability, as guaranteed under MLC, 2006.
The lack of clear information, including with respect to the shipowner or the P&I insurance, hinders the prompt resolution of grievances impacting seafarer protection or well-being, India finds.
Therefore, there is an urgent need to have in place an internationally-coordinated mechanism for addressing cases arising from unlawful or fraudulent practices associated with the recruitment and placement of seafarers on board ships.
… India highlights
India’s corrupt customs officers shall be included on the agenda, for the protection of onboard ship personnel. The threats, the corruption, bribery and stress created by these customs officials shall be addressed.