Should we pay ransoms to pirates?
Hostage taking is one of the worst possible crimes it is possible to imagine, and has attracted the greatest opprobrium from all civilised societies. The payment of ransom has also been generally disapproved of, as it is believed that it will merely encourage others to emulate the criminals if they are successful in their money-making venture. Governments, in particular, strongly disapprove of the payment of ransoms to criminals of all kinds, as they see in this action a breakdown of the normal processes of law. The official line that “The Government of X never pays ransoms to kidnappers, or those who attempt to extort money in such a fashion”, tends to be replicated in many parts of the world.
But what can a civilised country or indeed companies or even individuals do, in the face of a failed state, where pirates feel free to capture merchant ships and hold them, and their crews, to ransom?.This has become a very current dilemma which faces the maritime industry because of the activities of the pirate bands operating out of Somalia. At any one time several hundred innocent seafarers and their ships are being held in the anchorages off the Somali coast under the guns of pirates, who have now found in this barbarous activity a reliable income stream that is relatively risk-free and pays them far more than any legitimate activity such as fishing. Those whose ships have been captured point out that despite “official” disapproval of ransoming captives, they have presently no alternatives. They point out that only governments can do anything about this lawless coast and this failed state which generates piracy, and governments seem unable to offer any other scheme that will restore their ships and crews to freedom. They further point out they, as the employers of these seafarers, have a duty of care for them and must make every effort to end their captivity. The payment of a ransom is the only effective remedy, no matter how repugnant this must be. The process of negotiations with the pirate representatives and the payment of the ransoms has now become a well-developed practice, and while the use of recommended best practice to prevent pirates boarding is effective, and multi-national naval activities have reduced the number of successful pirate attacks, they are still continuing.
Governments argue that if ransoms were stopped, the incentive for fresh attacks would cease. But it is also argued that the potential for the captives to be harmed by the pirates in pursuance of their demands would surely increase, and innocent seafarers should not become pawns in this unpleasant business. The shipping industry argues that whatever precautions might be taken by ships, only an effective government ashore in Somalia will end the attacks, and that this is completely outside the competence of the industry itself. Ask yourself -“How would you feel if your nearest and dearest was in the hands of pirates?”
Source: BIMCO
