Republic of the Philippines

Philippine Merchant Marine Academy

San Narciso, Zambales

POSITION PAPER ON THE PLANNED BAN ON

DEPLOYMENT OF SEAFARERS PLYING THE SEALANES
SERVING AS A VITAL ARTERY IN INTERNATIONAL
COMMERCE DIRECTLY AFFECTING EUROPE, THE
MIDDLE EAST AND ASIA.
By: RADM FIDEL E DIÑOSO PMMA
President

About the Author:

(The author is a seasoned master mariner and he is no stranger to acts of piracy, himself
being a victim of several pirate attacks. He points out that piracy is included as
perils/hazards of work of a merchant mariner. In 1979 while still a Second Mate pirates tried
to board their vessel off the coast of Palembang, Indonesia. In 1980 already a Chief Mate
then right on our very own backyard in Manila Bay, Philippines. In 2001 already a Master
Mariner pirates tried to board his vessel off the coast of Bung Tao, Vietnam. He was able to
escape by adopting evasive maneuvers while approaching Singapore. He is currently the
President of the Philippine Merchant Marine Academy (PMMA) a premiere State-Run and
oldest maritime educational institution in the country and the whole of Asia)

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

Introduction:

The Golden Age of Piracy lasted for thirty years, from 1690 to 1720 and
Nassau was at its heart. Here was a tropical pirate paradise which
attracted the greatest concentration of pirates ever seen in the New
World.

Nassau was well suited as a pirate base of operations, its waters were
too shallow for a large man-of-war but deep enough for the fast shallow
draft vessels favored by pirates. From their snug harbor they could
employ their hit and run tactics to full effect; they devastated merchant
shipping that plied the trade routes just a short sail away. Their pirate
gold and goods formed the basis of a thriving community that attracted
rogues, merchants and wild women from far and wide.
(www.pirates_of_nassau.com/History)

Modern day pirates have become more sophisticated in their ways and
they have been emboldened by their successes in their nefarious
activities.

Presently, the attention of the global community has been centered in

the acts of piracy being committed by local armed gang members
emanating from warlord factions said to be based in P untland, the
northeast autonomous region of Somalia, the town of Eyl (Figure 1)
while the other armed gang members are based in the south-central
Somali town of Xarardheere (Figure 2)
Source: (www.voanews.com) (www.globalmaps.com)

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

Figure 1 – Eyl Location Map

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

Figure 2 – Xarardheere Location

Figure 3 - Gulf of Aden Location

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

It has been said that Somali pirates target all sorts of vessels: from
small pleasure crafts to cargo ships and even giant oil supertankers.
Sometime November of last year the Arabic oil tanker Sirius Star was
captured by pirates occurring nearly 400 miles off the Somali coast.
Same happened with a Ukrainian vessel carrying 33 T-72 tanks.

The successes of Somali pirates have somewhat encourage them to

further pursue their illegal acts of piracy. (Source: Somali Piracy – Solving an International Crisis
by: Robert Guthrie published Dec. 09, 2008)

Why is Piracy prevalent in the Gulf of Aden?

Maritime experts have stated that the waters off the Somali coast are
key sea lanes that connect the Indian Ocean with the Red Sea, the
Mediterranean and Europe through the Suez Canal.

Estimates indicate that about 20,000 ships pass through the Somali
coast, carrying with them about 12 % of the world’s oil and about 80%
of the commerce between Europe and the Middle East and Asia. In a
sense, the sea lanes are a vital artery in international commerce.

The pirates are now expanding operations outside the Gulf to the Indian
Ocean, which is too vast to be adequately patrolled by Naval vessels.
(Source: www.voanews.com)

Somali sovereignty, what gives?

A close scrutiny of the profile of the pirates would reveal that they are
not in fact pirates in its strictest sense rather, most of them are ex-
fishermen, forced by circumstance into piracy by illegal over fishing
while some are ex-military men looking for work in an increasingly
unstable and politically volatile country. These so called pirates see
themselves as defenders of the Somali coastline, fighting off the
previously mentioned illegal fishing trawlers and ships looking to dump
waste in the poorly monitored Somali waters.1
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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

In a sense, these so called pirates are like coast guards, their success,
fame and stated intentions have endeared them to some of the Somali
people, even managing to bring stability to the Puntland area where
they operate from.2
(Source: Somali Piracy – Solving an International Crisis by: Robert Guthrie published Dec. 09, 2008)

Efficacy of the presence of the Naval Patrol Vessels, Is it really

working?

Experts say that pirates are generally not interested in the cargo or the
crew – they only want ransom money ranging from several million
dollars per vessel.

In an effort to combat piracy off the coast of Somalia, the international

community has sent navy ships to patrol the area. They come from the
United States, the European Union, Russia, China and India.
(Source: www.voanews.com)

However, the vastness of the ocean is so wide to patrol and ensure that
different vessels plying the sea lanes are safe and sound from pirate
attacks. Roughly, we are talking of about two million square miles
hence, it is an enormous area to monitor/patrol. (Ibid)

Many maritime analysts believe that naval presence alone will not
eradicate piracy in the region. It has been stated that the international
community must seriously address the core problem: the lack of an
effective governm ent in Som alia, a country regarded by many as a
failed state. (Ibid 2)

Is arming seafarers an option to thwart pirate activities?

If crewmembers were allowed to carry arms and eventually fight back,

serious ramifications in so far as insurable interest coverage for it would
tend to increase dramatically for the risk involve would be much greater.
Considering as well the personal liability claims, probable actual damage

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

to vessels or cargo on board, this would ultimately be more expensive as

compared with the ransom being paid by vessels owners.

The general view is that to preserve human life, to keep the instance of
violence as low as possible, and also for legal reasons, it is more
preferable not to arm seafarers.

In Philippine Setting, would it be a wise move to implement a

ban on deployment of Seafarers?

In response to the strings of acts of piracy which has so far affected

vessels passing through the Gulf of Aden and has resulted in the capture
of about 227 Filipino seafarers, the Philippine Government, as a valid
exercise of its Police Powers has imposed a ban on deployment of
Filipino seafarers plying the coast of Somalia.

In an effort to protect Filipino citizens as part of the “Parents Patriae

Doctrine”, the state can adopt measures to ensure the safety of its
citizens here and abroad.

The families of the captured Filipino crewmembers and leaders of

various labor groups have made representations with the top Philippine
leaders for them to exert extra pressure for the immediate release of the
remaining hostaged Filipino seamen by Somali pirates. Since 2006, from
the total recorded captured Filipino seafarers of 227, about 122 have
already been freed so far.

The cries and please of the families whose love ones have been
captured are understandable and deserves due compassion by the
Philippine government.

It is however noteworthy to point out that there are other points that
needs to be carefully looked into by our top leaders to enable us to
arrive at a sound policy judgment with direct bearing on the still un-
released Filipino seafarers. The attention of our top government leaders
is invited on the following salient points for consideration, to wit:

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

1. Acts of Piracy are being committed NOT ONLY off the coast of
Somalia, but it is also prevalent in different parts of the Globe. In
Malaysia, Indonesia, Singapore, Brazil, and other major sea lanes
used by various vessels. Piracy abounds yet no ban on the
deployment of seafarers are resorted too;

2. The lone Filipino fatality who was captured by Somali pirates was
more a result of an accidental shooting rather than an intentional
one;

3. Based on statistics, more seafarers either get sick or worst die on

board, absent any acts of piracy, but more of work related
incidents; From 19 August of 2008 to 14 April 2009 about 19
vessels of various types covering a total of 439 crewmen, 261 of
whom are Filipino’s have been captured and as of 17 April about
175 Filipino crewmembers have already been released while 86
remains, as Somali pirate captives. (Source: DFA – Office of Migrant Workers Affairs)

4. During the Iraq-Iran war in the 80’s many Filipino seafarers died
then but there was no ban on deployment of Filipino seafarers. It
merely affected the increased coverage in insurance of both crew
and cargo given the attendant hazards then;

5. The current economic downturn seriously affecting not only the

developed countries abroad as well as our very own country is
something to be seriously considered. Any further hardships on
international commerce is not needed;

6. Statistics show that about 350,000 Filipino seafarers remitted a

record high of $3.034 billion in 2008 up by 36% as compared with
the 2007 figures. It is noteworthy to consider the possible wide
scale displacement of Filipino seafarers and the lost economic
gains brought about by possible reduction in foreign remittances;

7. Per DOLE provided figures, about 25 % of foreign cargo vessels

passed through Somalia’s Gulf of Aden. Conservative estimates
puts it at around 20,000 ships pass through the Somali coast every
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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

year carrying about 12 % of the world’s oil and about 80 % of

commerce between Europe, the Middle East, and Asia. Doing the
math and making conservative lost estimates would further worsen
the economic woes of hundreds of thousands of Filipino families
and those that depend on them. The domino/multiplier effect must
be given due consideration.

Other service related oriented entities like schools, training centers

also providing jobs locally will most likely be affected;

8. Banning deployment of Filipino seafarers is somewhat a form of

sending a wrong signal to the maritime community. Say for
example, if we are to continue to adopt the deployment ban yet
similar moves are not adopted by other nations who are also
providers of seafaring services, would it not be tantamount to
giving them the opportunity to fill in the vacuum of crewmember
requirements left by Filipino seafarers?; As a result of the
imposition of the deployment ban, can we still continue to market
our seafarers abroad as reliable and competent seafarers or would
it tend to give reason to vessel owners and foreign principals and
in the hiring process, will Filipino seafarers still be given preference
over other nationalities or would it tend to ultimately result to lost
job opportunities?

9. Can the Philippine government provide similar employment

opportunities locally to would be displaced seafarers, as a result of
the deployment ban? Unemployment rate in the country is already
in double digit, can we still afford to shoulder additional related
problems brought about by displacement in work?

10. Would it be a sound policy move to base our decisions on

emotion, pride and passion and public opinion? Or would it be
wiser to look at the problem as an opportunity waiting to be taken
advantage off by Filipino seafarers?

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

How do we go from here? A solution to Somali Piracy!

Making tough executive decisions is no joking matter and we don’t

want to be on the seat occupied by our president when sensitive
issues needs to be resolve, for we are quite sure that at the end of
the day, decisions have to be made, rightly or wrongly.

Current efforts of following the naval mantle of protective corridor

provided by UN sanctioned multi national forces seems to be a
palliative solution but surely not a lasting one. Given the vastness of
the ocean and the emboldening acts of the pirates, the question of
who is going to shoulder the tab of providing protection to merchant
vessels in the long run will surely arise along the way.

Fielding naval vessels is not a permanent solution rather it is more of

a temporary solution to a persistent problem requiring long term
response.

Banding together of several countries is a step in the right direction

and a commendable one at that. However, the need to zero in on the
root cause of the problem is very ideal. A more comprehensive
coupled with a solid diplomatic cooperation is something that needs
to be resolve as soon as possible so we can arrive at a more lasting
solution to the problem of piracy in the region and maybe in other
parts of the globe as well.

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

Recommended action for consideration:

The academe is one of the sectors that would be most likely affected
by the deployment ban, if ever, since problems on future
embarkation is already on the sidelines brought about by the effects
of the world recession, the possible changes in preference of foreign
shipping principals must also be anticipated by our policy makers.

Given the situation at hand vis a vis the possible problems that will
eventually crop up, a serious re-consideration on the deployment ban
must be taken and acted on a more positive note.

In so far as Philippine Labor setting is concerned, let us look and

carefully weigh the pros and cons of the problem of piracy and its
pernicious economic effects to the seafaring profession and economic
implications, in general.

Consider the economic woes that will be suffered by the displaced

workers, the question that begs for an answer is, are we willing to
allow our highly skilled and competent seafarers loose their edge in
the world maritime fleet and allow other nationalities to take our
place?

Simple mathematical computations would reveal the extent of loses

and in all honesty, it may even tend to create more problems than
provide solutions to the family of a would-be displaced Filipino
seafarer and his dependents

We earnestly appeal to our executive policy and top decision makers

to re-consider the deployment ban unless you want the sea-based
labor supplying industry to die a natural death and all economic gains
go to waste. This view is equally shared by the Department of Labor
& Employment (DOLE).

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 Republic of the Philippines
Philippine Merchant Marine Academy
San Narciso, Zambales

The impracticability of disembarking Filipino crewmembers before

passing the Gulf of Aden, if ever practiced would be a crewing
nightmare, the question is begging to be asked, where will the
manning agents find the relieving crew and how can the vessel
operate continuously if there are no available crew to temporarily
replace Filipino Crew members.

Correct dissemination of news is paramount and crew vigilance must

be given emphasis when operating on dangerous waters.

At the end of the day, decisions have to be made, rightly or wrongly,

but we must always ensure that we look at the probable solutions
and provide a feasible and practical way out.

There are many positive alternative courses of action that can be

resorted too, let us not take the drastic ones. Let us learn from
experiences and lessons of the past to better guide us in our future
decisions.

This appeal for calm, sobriety, well-thought off plans and solutions is
highly in order.

Let us not waste the opportunity rather, let us make it work to our
advantage.

Sincerely,

RADM FIDEL E DIÑOSO PMMA

President

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