VIRTUAL MINI MAG 1
2022
SHIPPING FISHING OIL & GAS ENGINEERING
AFRICA
SHIP SUPPLY PORTS
FUTURE
HOW WILL WE RESPOND TO AUTONOMOUS VESSELS? IMPROVING OIL SPILL RESPONSE STRATEGIES
ISU
SOUTH AFICAN AT THE HELM ON THE COVER | RESOLVE MARINE Resolve Marine’s global footprint, expert personnel, and network of owned equipment and assets are ready to respond 24/7.
EMERGENCY MARITIME RESPONSE
MARITIME REVIEW AFRICA MANAGING EDITOR: Colleen Jacka editor@maritimesa.co.za ADMIN & ACCOUNTS: Lesley Jacka admin@maritimesa.co.za ADVERTISING SALES: INTERNATIONAL & NATIONAL admin@maritimesa.co.za 021 914 1157
OFFICE: 021 914 1157 POSTAL ADDRESS: PO Box 3842 Durbanville 7551
COPYRIGHT: No content published in Maritime Review Africa may be reproduced in any form without written permission of the editor. Inclusion of any products in features or any product news does not indicate their endorsement by the publishers or staff. Opinions expressed in the editorial are not necessarily those of the publishers, editors or staff of the magazine. Every effort is made to check the content for errors, omissions or inaccuracies, but the authors, publishers and contributors connected with the magazine will not be held liable for any of these or for consequences arising from them.
Published by More Maximum Media
VIRTUAL MINI MAG 1
2022
SHIPPING FISHING OIL & GAS ENGINEERING
AFRICA
SHIP SUPPLY PORTS
FUTURE HOW WILL WE RESPOND TO AUTONOMOUS VESSELS?
ISU
SOUTH AFICAN AT THE HELM ON THE COVER | RESOLVE MARINE Resolve Marine’s global footprint, expert personnel, and network of owned equipment and assets are ready to respond 24/7.
EMERGENCY MARITIME RESPONSE
COVER STORY
Resolve Marine’s global footprint, e owned equipment and assets are r
expert personnel, and network of ready to respond 24/7.
DIGITAL
MINI MAG #1 | 2022
THEME | Marine Emergency Response
Contents 02
06
FROM THE BRIDGE: Î
Editor’s Comment
Î
Quay Quotes
Î
Keelhauled & Applaud
INCIDENT RESPONSE Î
Cover Story: Maintaining Emergency response in challenging times
Î
Larger vessels pose challenges to responders
Î
Fire on board results in three deaths
Î
Toxic fumes spark joint response efforts
Î
Oil spill in Algoa Bay bigger than initially thought
Î
Fishing vessel refloated in Beira
WATCH | AMSOL’S Webinar series on Marine Response
18
FUTURE WATCH: Autonomous vessels: The future for incident response. Many questions remain unanswered as the dawn of autonomous vessels draws nearer. If autonomous shipping is certainly the future of the maritime industry it will become critical for stakeholders to adopt a more nuanced approach in the regulatory framework. Phiwe Ngcobo, Legal Advisor at AMSOL explores what this could mean for salvors responding to an unmanned vessel. A future framework for oil spill plans in the WIO region A six-month review process is planned to address the future of National Oil Spill Contingency Plans (NOSCP) and the finalisation of the Regional Coordination and Cooperation Framework on Oil Spill Preparedness in the Western Indian Ocean (WIO) region.
22
PEOPLE: Î
South African at the helm of ISU
Î
Seafarers face criminal charges
WATCH | Interview with Captain Nicholas Sloane
FROM THE BRIDGE
Editor’s Comment
READY TO RESPOND?
w
While the focus of this issue is on marine emergency response and incidents at sea, I am well aware that, over the last two years, many maritime businesses have had to ask themselves; Are we ready to respond to the ever changing business and economic landscape?
Companies have necessarily needed to be ready to respond as we have oscillated between various levels of restrictions that have impacted on our work environment and markets. But the answer is simple there is no question that we do need to be ready to respond.
I can honestly say that, thanks to some assistance and prompting by loyal supporters, we managed to respond adequately to the impact of COVID in 2020. On the assumption that 2021 would be an easier year, our response to an even tougher year was not as good as it could have been. But as we celebrate our 20th anniversary this year, we are ready to respond to changes and recommitted to delivering quality editorial responses to the issues facing the maritime subsectors.
In this issue we take a look at the maritime readiness to respond and chat to Captain Nicholas Sloane, the newly elected President of the International Salvage Union. You can watch our short video interview with him and after that dive right into AMSOL’s two-part webinar series on Marine Emergency response directly from the pages in this issue. It was during this AMSOL webinar series that I was introduced to Phiwe Ngcobo, the company’s Legal Advisor. Speaking about contracts, she made a passing reference to the impact that autonomous ships might have on the salvage sector. She provides some insight as a guest columnist on page 18. We will be releasing our full line-up for 2022 shortly and look forward to responding to topics that need to be debated and confronted in the industry. Colleen Jacka, editor editor@maritimesa.co.za @GeminiJourno
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FROM THE BRIDGE
COMMENT
Editor’s Comment
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03
FROM THE BRIDGE
Keelhauled & Applaud | Quay Quotes
“Criminalisation of seafarers is on the rise. Whether it is felt by the crew of the Wakashio who were effectively detained without charge, or the drawn-out threat of criminal charges against the Ever Given crew to bolster the Suez Canal Authority’s negotiating position over damages: seafarers are being cynically targeted all over the world by officials just for doing our jobs,” said ITF Seafarers’ Section Chair, David Heindel highlighting the year-long detention of the crew of the Wakashio in Mauritius in July last year. [page 28]
The maritime community will surely understand the concept of being keelhauled and we have reinstated the practice, which was allegedly instituted by the British Navy as a way of “severely rebuking a subordinate”. But at the same time we will also applaud those individuals and companies in recognition of significant achievements.
Applaud [BRAVO ZULU] Captain Nicholas Sloane for his appointment as the new President of the International Salvage Union.
Keelhauled Although not related to emergency response, we are however keelhauling the Department of Forestry, Fisheries and the Environment for not responding appropriately to their mandate to fina is t is ing ig ts Allocation Process.
QUAY QUOTES “By keeping in constant com09 | munication with a local agent and the responsible government depart-
ment in Algiers together with the local visa agents and the Algerian embassy in the respective country of origin of each team member, hailing from South Africa, the Netherlands and Greece. Happily, we successfully got the paperwork in order.” Resolve Cover Story.
in bottleneck passages like the Suez Canal or the Panama Canal, given the disruption we have seen that grounding incidents can cause. If a ship runs aground in one of these waterways, specialised tugs would be needed and the port and canals should have access to adequate resources in relatively short time.” Captain Rahul Khanna, Global Head of Marine Risk Consulting at AGCS.
13 |
“In the face of numerous lies in the media and communication to us, especially through definite gross negligence and denial of any responsibility, I am planning a lawsuit against Shayamanzi Luxury House Boats to submit in South Africa. They themselves only communicate with us through a large law firm for a long time and refuse any support.” Alex Mirschel, son of deceased German tourist who died during an incident on a luxury houseboat.
the vessel will be required to uphold the sacred rule of saving lives at sea. In
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ascertaining whether the obligation to save life at sea will apply in the realm of autonomous vessels, it is not only the absence of a crew complement onboard that needs to be taken into account, but also whether the structural design, arrangement and equipment of autonomous vessels allows for it to provide assistance to those in distress.” Writes Phiwe Ngcobo, Legal Adviser for AMSOL.
“We need to look more closeparticular, I will emphasise 10 | ly at how we can minimize the 26 | “In that protection of the environrisks of mega-ships, especially in ports or
“A recurring question which 19 | has arisen is whether autonomous vessels without a master on board
04
“
Who is saying what in the maritime industry
ment is such an important aspect of our members’ operations and so crucial in the world today which has rightly put the environment at the top of the international political agenda.” Newly elected President of the International Salvage Union, Captain Nicholas Sloane.
have expressed serious con28 | “Icerns about the inclusion of
criminal penalties for those who cause pollution by negligence. My concerns centre on the possible conflict with current international requirements but extend to the practical effect that the proposed sanctions will have on seafarers and possibly salvors too. I am equally concerned that those caught up in cases of accidental pollution may stand the risk of being made to suffer penalties based on the extent of the pollution caused by their mistakes (or, perhaps more accurately, on the level of public outcry and political interest in its extent) rather than on the extent or circumstances of their errors.” Former Secretary General of the IMO, Efthimios Mitropoulos.
Editor’s Comment
FROM THE BRIDGE
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COVER STORY
Resolve Marine Emergency Response
Maintaining emerg in challenging time
Resolve Marine’s global footprint, expert personnel, and network of owned equipment and assets are ready to respond 24/7.
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Resolve Marine Emergency Response
COVER STORY
gency response es
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COVER STORY
Resolve Marine Emergency Response
Maintaining emergency response in challenging times With a track record of responding to vessels around the world, Resolve Marine, like most maritime companies has found the last 20 months particularly challenging especially when working in some of the most remote areas of the world. Editor, Colleen Jacka, spoke to the team about their experiences over 2020 and 2021.
W
orking smartly has been the name of the games for operational teams who had to take quarantine requirements into consideration in most countries. “On the ground, teams were required to work and live in bubbles to avoid and to reduce the risks of COVID-19 infections. In some cases, we segregated day and night shift teams to avoid cross infection rates, which could have altogether halted projects. The company embarked on extensive COVID-19 education program aimed at both offshore and onshore employees and contractors,” they confirm. In addition, even precautions around food and accommodations were necessary and new onsite protocols were required that included adherence to mask mandates, establishing teams for contract tracing, daily temperature checks screening protocols and weekly COVID-19 testing. Work scope Resolve Marine has recently performed two surveys in Mozambique and a survey in Liberia. In August 2021, the company won a contract to refloat the MV Viking Merlin that ran aground in Abadiya. Due to restrictions and visa requirements, only our Dutch team was able to mobilise. An African response protocol Despite more challenging travel concerns for South Africans, the local Resolve team has mobilised and supported several projects this year with all operational teams
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working within the scopes of travel bans and restrictions. These projects include: Rio Port – wreck and cargo removal, Brazil (November 2020 – May 2021) Hydro Cargo Crane UnLoader – emergency response, Brazil (December 2020 – March 2021) MV Maria – wreck removal, Bahamas (January 2021 – February) CFS Wind – emergency response, Jamaica (August 2021 – September 2021) MV Ivan – salvage operation, Algeria (October 2021 to current) Xpress Pearl – emergency response, Sri Lanka (May 2021 to current) Surveys in Mozambique and Liberia “Unlike our South African team, our employees in Europe and the United Sates have greater mobilisation capabilities as they can be deployed to countries without visa requirements. Here, continuing travel restrictions and renewing expired visas has not been easy,” they admit adding that the inability to acquire visas for the South African team has meant that they have had to stand down for several projects. “Pre COVID-19, it would take 24 to 48 hours to mobilise our team, but during the pandemic it’s taken up to five days and a week at its worst.” A recent emergency response project in Sri Lanka, for example, necessitated a 14-day quarantine in Liberia enroute. There are now added costs and risks as more countries ban travel from Africa as
Resolve Marine Emergency Response
COVER STORY
Omicron spreads. Ultimately a contractor working with our team was able to extend his rotation and get to the site. An ongoing project in Algiers required the mobilisation of both European and South African teams. “By keeping in constant communication with a local agent and the responsible government department in Algiers together with the local visa agents and the Algerian embassy in the respective country of origin of each team member, hailing from South Africa, the Netherlands and Greece. Happily, we successfully got the paperwork in order,” they report. Maximising resources and information Resolve Marine has a large global pool of skilled technicians, divers, naval architects, salvage masters and project managers available on a 24/7 basis. “We’ve added resources in Europe as the competitive landscape changed there, allowing us new business opportunities.” At the start of lockdown, in our opinion, governmental processes and communication became increasingly onerous. As such, Resolve reports that they found it best to work with industry agencies, partners, other business networks, for support, shared lessons and experiences. “The South African Maritime Safety Authority (SAMSA) has been an incredible partner during this time,” they emphasise.
“On the ground, teams were required to work and live in bubbles to avoid and to reduce the risks of COVID-19 infections. In some cases, we segregated day and night shift teams to avoid cross infection rates, which could have altogether halted projects. The company embarked on extensive COVID-19 education program aimed at both offshore and onshore employees and contractors.”
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INCIDENT RESPONSE
Mobilising Marine Emergency Response
Ever Given SAGA
Larger ve
The blocking of the Suez Canal by the Ever Given during 2021, highlights the growing number of maritime incidents that involve larger vessels. All vessel types have continued to grow larger since the beginning of the century in order to improve economies of scale and reduce costs.
T
he blocking of the Suez Canal by the Ever Given during 2021, highlights the growing number of maritime incidents that involve larger vessels. All vessel types have continued to grow larger since the beginning of the century in order to improve economies of scale and reduce costs. “Larger vessels present unique risks. Responding to incidents is more complex and expensive. Port facilities and salvage equipment to handle large ships are specialised and limited. Approach channels to existing ports may have been ALLIANZ GLOBAL CORPORATE & SPECIALTY
Safety and Shipping Review 2021 An annual review of trends and developments in shipping losses and safety
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dredged deeper and berths and wharfs extended to accommodate large vessels but the overall size of ports has remained the same,” points out Allianz Global in their Safety and Shipping Review 2021. They note that, had the Ever Given not been freed, the salvage operation would have required salvors to offload some 18,000 containers using specialist cranes. The Suez Canal’s initial claim against the vessel included a US$ 300 million claim for salvage as well as a US$ 300 million claim for loss of reputation. The Ever Given incident also had a significant impact on global supply chains that are critically dependent on seaborne transport – particularly those that rely on access to the Suez Canal. According to a press statement issued by the International Chamber of Shipping’s the incident resulted in a cost of $5.1 billion in world trade a day as about 12 percent of global trade passes through the Suez Canal.
“We need to look more closely at how we can minimize the risks of mega-ships, especially in ports or in bottleneck passages like the Suez Canal or the Panama Canal, given the disruption we have seen that grounding incidents can cause. If a ship runs aground in one of these waterways, specialised tugs would be needed and the port and canals should have access to adequate resources in relatively short time,” says Captain Rahul Khanna, Global Head of Marine Risk Consulting at AGCS. “Just because it is possible to build large ships, it does not mean we should,” adds Captain Andrew Kinsey, Senior Marine Risk Consultant at AGCS . “The different consequences of larger vessels are now becoming more apparent, including impacting supply chains. Large vessels and the ports required to handle them present a massive accumulation of risk, while the costs are disproportionately greater when things go wrong.” The Suez Canal Authority has sought around $600mn
Mobilising Marine Emergency Response
INCIDENT RESPONSE
essels pose challenges to responders from the Ever Given’s liability insurer and the Egyptian government detained the vessel as it negotiated with insurers. A compensation deal was eventually signed in July 2021, leaving the vessel free to leave the waterway. Boskalis was responsible for the salvage of the stranded mega container ship Ever Given in the Suez Canal. In collaboration with the Suez Canal Authority a large group of experts from Boskalis and its subsidiary SMIT Salvage succeeded in refloating the enormous vessel within a week during a spring tide and unblock the canal. This allowed the hundreds of queuing ships to continue their journey and averted a potential disaster for world trade. Approximately 30,000 cubic metres of sand was dredged to help free the vessel and a total of eleven harbour tugs and two powerful seagoing tugs (Alp Guard and Carlo Magna) were deployed. By the end of March 2021, just a week after blocking the canal, the vessel had been successfully refloated and the canal was operational in both directions. In December last year, the salvage company announced the publication of a book on the salvage efforts associated with the refloating of the vessel to mark the achievement.
The incident even sparked the registering of an Instagram account, but the quick freeing of the vessel saw the creation of memes shortlived.
23 March 2021 Ever Given Length: Beam: Draft:
400m 60m 15m
Buffeted by strong winds, ends up wedged across and blocking the Suez Canal
Had the Ever Given not been freed, the salvage operation would have required salvors to offload some 18,000 containers using specialist cranes.
Approximately 30,000 cubic metres of sand was dredged to help free the vessel. A total of 11 harbour tugs and two powerful seagoing tugs (Alp Guard and Carlo Magna) were deployed
ARRESTED
The vessel was arrested by the Suez Canal Authority on 13 April 2021
RELEASED 24 JUNE 2021 24 A book is being published on the salvage efforts associated with the refloating of the vessel to mark the achievement.
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INCIDENT RESPONSE
Mobilising Marine Emergency Response
Simultaneous incidents test South Africa’s response mettle
October and November last year saw the South African Maritime Safety Authority (SAMSA) respond to incidents along South Africa’s coastline and on its inland waters. One originated in Durban and ended up in St Helena, while another occurred in Algoa Bay. In addition, a fire was reported luxury the houseboat, Shayamanzi I, on the Jozini Dam in KwaZulu Natal.
Fire on board results in three deaths
T
he first incident related to a fire on the houseboat which claimed the lives three people, and left one injured. Initially it was reported that chef Michael Phiri and tourist, Michael Mirschel had died and that the search for the body of another crewmember was underway. Later the body of the missing crewmember, Maxwell Nyawo was discovered. The vessel was undertaking a two-night
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cruise on the Jozini Dam with four crew and five German tourists. The fire was discovered when one of the deck hands noticed smoke coming from the engine compartment. On investigating the cause of the smoke, it was discovered that one of the engines was on fire. According to some newspaper accounts at the time, some of the crew and passengers were out on a tender boat when they spotted smoke coming from the houseboat. Battling against suddenly windy and choppy water, they made their way back to the larger vessel where crew and passengers were already jumping over-
Mobilising Marine Emergency Response
INCIDENT RESPONSE
board. The smaller tender boat allegedly came too close to the larger vessel and also caught fire, forcing those on board to evacuate. The luxury houseboat was the smaller of two operated by Shaymanzi Houseboats, a family-owned business. According to information on their website, both their vessels were built inhouse on the shore of the lake. An interview recorded with Managing Director, Roger Blevin in September 2020 as the hard lockdown came to end highlights how the period had allowed them to undertake maintenance work on both their boats before going back into service. He also highlighted that the Captain provides a safety briefing to all passengers when they embark on board. Having lost not only a family member, the German tourists were also stuck without passports or credit cards and the rest of their belongings. In a Facebook post from 14 October last year, the son of German victim, Alex Mirschel announced: “In the face of numerous lies in the media and communication to us, especially through definite gross negligence and denial of any responsibility, I am planning a lawsuit against Shayamanzi Luxury House Boats to submit in South Africa. They themselves only communicate with us through a large law firm for a long time and refuse any support.” Interestingly shortly after the incident, SAMSA and the Department of Transport (DoT) launched South Africa’s Inland Waters Strategy at the Vaal Dam. (See box alongside.)
ABOVE: The Shayamanzi vessels being built on sight. LEFT: Alex Mirschel’s Facebook post.
Inland Water Safety Strategy launched SAMSA’s main focus area in terms of the country’s inland waters is the promotion and enhancement of safety as well as environmental protection with regards boating use in various categories in terms of the South African Merchant Shipping Act 57 of 1951 (National Small Vessel Safety) Regulation, 2007, as amended; which extends its overall original 1998 founding Act mandate to include inland waterways within or accessible to the public within the Republic. According to SAMSA, the legislation provides for, among things; regulations for each specified category of vessels – from small to big – with particular regard to requirements for their construction and use,whether for commerce, leisure or such other use on South African waters. Over the next few years the SAMSA boating section team will be intensifying its reach across South Africa’s thousands of dams that are geographically widespread, to ensure compliance by owners and operators of as many as an estimated 1.2 million small vessels that operate in South Africa, mostly for sport, recreation, tourism and subsistence fishing by local communities. Maritime Review Africa
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Mobilising Marine Emergency Response
Toxic fumes spark joint response efforts
B
y comparison, toxic bulk carrier that was evacuated from Durban on 23 October 2021 and ended up off St Helena Bay represented a much tougher process for the operation’s team and the incident has dragged into 2022. Recent statements issued by SAMSA indicate that this operation could be ongoing to at least March. The Marshall Island flagged bulk carrier NS Qingdao suffered a chemical reaction after its cargo came into contact with rainwater while discharging the cargo in
the port of Durban. Concentrated toxic fumes were released into the atmosphere and as a result, Transnet National Port Authority (TNPA) in consultation with SAMSA, DFFE and other stakeholders decided to evacuate the vessel from the port so that the hatches could be ventilated offshore. The vessel was directed to proceed to a protected anchorage under the escort of the tug Umkhuseli and chose to head towards the West Coast with a full team of salvors, chemical experts, hazmat teams and other emergency personnel on board. Although a good distance from Durban, St Helena Bay offers protected anchorage, was released and permitted to sail after an Admission of Contravention and the detention fee was paid by the vessel owner. According to an agreement reached, the owner remains accountable for all clean-up costs relevant to the oil spill.
Oil spill in Algoa bay bigger than initially thought
A
lgoa Bay has been the site of shipto-ship offshore bunker delivery for some years now and it appears that the incident occurred during such a fuel transfer between the Croatian flagged vessel, MV Solin and the bunker tanker Sea Express on 10 November 2021. Despite initial reports that only 80 litres of Heavy Fuel Oil had entered the water, by December it was clear that more than five times this amount had been spilled. Approximately 400 litres of oil was recovered by the beginning of December – two weeks after the actual incident. The vessel was immediately detained by SAMSA pending an investigation but
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The clean-up team included Transnet National Ports Authority (TNPA), the Department of Forestry, Fisheries and the Environment, SANParks, Xtreme Projects, ECMS, SpillTech and other relevant stakeholders. By the end of December, the team had cleaned four kilometres of an approximately eight kilometre stretch of coastline that had been affected. The clean-up consisted mainly of the removal of small tar balls that has washed ashore – and the team continued to monitor the coastline. SANParks and Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) monitored for signs of oiled wildlife and by December four contaminated birds (three Cape Garnets and one African Penguin) were found and captured. Sadly two died At the beginning of December, the Incident Command team began scaling down the operation and demobilising.
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with the advantage of being in close proximity to the Vissershok waste disposal site where the cargo could be safely discharged and neutralised. Once in St Helena Bay, however, a change in weather necessitated the closure of No 3 cargo hold resulting in hot spots causing fumes to enter the engine room via the vents. As a result the vessel was instructed to sail further offshore under tow and all non-essential personnel were removed leaving a minimum crew on board. In addition, due to the fast deteriorating conditions onboard it was decided to conduct an emergency dump of the absolute bare minimum of reactive cargo 250km offshore in 3,000m of water in order to bring the situation under control as fast as possible. The DFFE issued an emergency permit as prescribed by the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) and the Dumping at Sea Regulations, after consulting with the Oceans and Coasts research branch, Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) and International Maritime Organisation (IMO). As the 1,300 tons of cargo was dumped offshore, it was monitored through on board drones and DFFE satellite imaging and a statement was issued at the time to report that no immediate environmental damage was observed. The hot cargo cooled rapidly and dissolved very quickly in the ocean. Although no immediate environmental damage was noticed, SAMSA and the DFFE are in discussions with the vessel owner and insurers to arrange a medium to long term environmental monitoring programme in the event of any potential future outfall. By the beginning of December, the vessel returned to St Helena Bay to continue with the operation. On 1 December, the first two skips were discharged for trans-
portation to Vissershok under controlled conditions. Unfortunately the operation was hampered by the inability to import a special inert gas system as well as a specialist excavator due to the travel ban imposed at that time.
ABOVE: The toxic cargo being removed.
The Inert Gas system, which was used to blanket the cargo with an inert gas and prevent any further cargo reactions in the cargo arrived in December. At the end of January the operation was still ongoing, although SAMSA had downgraded from a Severe Maritime Emergency to a port salvage operation. This decision was taken after DFFE and SAMSA representatives concluded an inspection to determine whether it would be safe to bring the vessel into port where the affected portion of the chemical cargo will be discharged. SAMSA has concluded an investigation cooperation agreement with the Marshall Islands Maritime Authorities. The cause of the incident is still under investigation and a chemical analysis of the cargo will be completed while the vessel is in port to determine the underlying causes of the fire and whether the vessel had any undeclared cargo in the hold. The vessel owner, master and P&I Club is cooperating with the Authorities. Maritime Review Africa
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INCIDENT RESPONSE
Mobilising Marine Emergency Response
Fishing vessel refloated and fuel recovered in cost effective operation
N
o stranger to working in Africa, Netherlands-based salvage company, Marine Masters, was contracted to remove the fuel and refloat a fishing vessel that had capsized and sunken in the Port of Beira, Mozambique. While some salvage equipment was avail-
able locally, the Dutch company provided the hot tap equipment to remove the diesel oil from the vessel. Once confirmation that the oil had been successfully removed, the salvage team parbuckled the vessel and refloated her in an upsidedown position. This was done to minimise costs by avoiding the need to source expensive heavy lift equipment that was not available in Mozambique. Once refloated, the local authorities granted permission to beach the vessel for further disposal. According to a statement by Marine Masters, the operation was supported by local authorities, companies and contractors who were “instrumental to the successful completion of the job”. In December last year, Marine Masters became a full member of the International Salvage Union (ISU) when their membership was confirmed by the ISU Executive Committee.
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Mobilising Marine Emergency Response
WATCH
INCIDENT RESPONSE
Watch the two-part Marine Emergency Response Webinar Series hosted by AMSOL at the end of 2021
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FUTURE WATCH
Trends that could impact salvage and response
AUTONOMO
The future
Bearing witness to the rapid advancement in the development of autonomous and semiautomatic vessels – the launch of the “Armada Fleet”, Svitzer Bridge, RT Borkum, Highland Chief and the Yara Birkeland, to name a few - it is not difficult to understand why some stakeholders have hailed autonomous vessels as the future of the marine industry. Needless to say, this has led to an explosion of discussions regarding the concept of “autonomy”.
Although the evolution of the maritime industry has been a gradual one, in comparison to other transportation sectors, basic autonomation is not a foreign concept as robotics technology in the form of ROVs and AUVs to modern navigation such as ECDIS and autopilot are long-established.
By Phiwe Ngcobo
Nevertheless, considering the dangers that are related to shipping, it is a fundamental maritime principle that seafarers assist persons in distress at sea provided that it will not jeopardise the safety of the ship, its crew or passengers.
Phiwe Ngcobo graduated with an LLB and LLM (Maritime Law) from the University of KwaZulu Natal. She also holds a MSc in Maritime Law and Policy from the World Maritime University in Malmo, Sweden. After completing her studies, she served articles and was an associate in the Maritime, Insurance and International Trade law division at the firm, Cox Yeats. In 2019, she was the legal compliance officer at Sandock Austral Shipyards and in 2020, she joined AMSOL in the role of legal advisor.
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However, the level of attention being received by this topic is not without merit as the benefits of autonomous shipping include reducing or eliminating the likelihood of human error, enabling improved optimisation of operations and processes, the efficient use of fuel and space, as well as improvement of safety and service quality.
One begins to wonder how the age old practices of emergency response, salvage operations and casualties at sea will apply to autonomous vessels if they are required to make quick decisions in preventing environmental disasters from occurring or rescuing those in distress. Absence of master and crew onboard Article 94 of UNCLOS stipulates that all states have an obligation to ensure the safety of vessels flying their flag and this includes taking measures with regards to the construction, manning and the prevention of collisions. In doing so,
Trends that could impact salvage and response
FUTURE WATCH
OUS VESSELS
e for incident response UNCLOS envisages the vessel being in the control of a master with appropriate qualifications and crew that is appropriate in qualification and numbers for the type, size, machinery and equipment of the vessel. This stance is also reflected in Regulation 15 of SOLAS which provides that all states should ensure that “all ships shall be sufficiently and efficiently manned”. The same is echoed in the Merchant Shipping Act No 57 of 1951 (MSA). Despite UNCLOS, SOLAS and the MSA stipulating that a vessel should be manned, neither prescribes a specific manning level or whether the master and crew are expected to be on board. One can infer that if the vessel is properly configured, a minimum manning requirement of zero may be acceptable. This argument lends itself to the revolutionary approach of autonomous vessels that it may be possible for the remote controller of an autonomous vessel to step into the role of the master from a different location from where the vessel is operating. Notwithstanding this, a remote controller must have the appropriate qualifications of a master and remain compliant with applicable training standards and competencies. By assuming the role of the master, the remote controller would not be excused from his or her responsibilities in respect of the vessel or the obligation to render assistance to persons in distress or the salvage of vessels and cargo.
Obligation to save life at sea The duty to render assistance to persons or vessels in distress at sea remains an important principle in the marine industry. Regulation 33 of SOLAS provides that a “master of a ship which is in a position to be able to provide assistance is bound to proceed with all speed to help persons that are in distress at sea”. This obligation is also echoed in Article 98 of UNCLOS which provides that member states “shall require the master of a ship…to render assistance to any person found at sea in danger of being lost”. A recurring question which has arisen is whether autonomous vessels without a master on board the vessel will be required to uphold the sacred rule of saving lives at sea. If the argument of a remote controller stepping into the shoes of a master and therefore being held to the same standards and obligations of a master stands, the obligation to save life at sea remains. The remote controller remains in control of the semi-autonomous vessel and would be able to determine the vessel’s speed and whether the vessel is capable of diverting her voyage in order to render
A recurring question which has arisen is whether autonomous vessels without a master on board the vessel will be required to uphold the sacred rule of saving lives at sea. Maritime Review Africa
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FUTURE WATCH
Trends that could impact salvage and response
assistance to those in distress. This becomes complex if it is a fully autonomous vessel that is reliant on commands from an integrated computer system to make certain decisions. The design of such vessel will be integral aspect in whether an autonomous vessel can render assistance at sea. The design of the vessel needs to take into account that there is no crew complement on board to assist with rescue or salvage operations therefore resulting in a vessel that is independently capable of rendering such assistance without human assistance onboard. For instance, will autonomous vessels be equipped with In ascertaining life rafts that can be whether the obligation released onto the sea to save life at sea will apply in via conveyor belt?
the realm of autonomous vessels, If autonomous it is not only the absence of a crew vessels are designed complement onboard that needs to be taken into account, but also whether to be autonothe structural design, arrangement mous and with no and equipment of autonomous crew complement vessels allows for it to provide on board, do they assistance to those in have sufficient space distress.
onboard to harbour rescued persons?
Autonomous Vessels The IMO at its 101st session defined an autonomous vessel as “the operating system of the ship able to make decisions and determine actions by itself. It performs functions related to operation and navigation independently and self-sufficiently”. It has categorised autonomous vessels into four categories, namely: First Category: Vessels with autonomous processing and decision making support with crew on board to operate and control the functional systems; Second Category: Vessels with crew on board and capable of remote control, that is the ship is controlled and operated from a location ashore and the crew remains available onboard;
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Will medical aid and support, supplies, food and water be available on board for rescued persons until such time that an equipped rescuer arrives onboard the vessel? How will communications between the remote controller, persons and vessels in distress and other search and rescue units be facilitated? Will such vessels require additional assistance from drones, satellites or helicopters? In ascertaining whether the obligation to save life at sea will apply in the realm of autonomous vessels, it is not only the absence of a crew complement onboard that needs to be taken into account, but also whether the structural design, arrangement and equipment of autonomous vessels allows for it to provide assistance to those in distress. If not, it may be argued that the remote controller’s obligation to render assistance at sea only extends in so far as the vessel’s design and equipment allows. Salvage operations Autonomous vessels are not entirely immune from existing risks at sea and may require salvage or towage services. It was proposed by the UK Department of
Third Category: Vessels with no crew on board and are controlled and operated remotely from a location ashore; and Fourth Category: Vessels that are fully autonomous and have systems that are capable of making decisions and taking actions independently. The maritime industry has not seen an influx of autonomous vessels that fall within the fourth category as a large percentage of autonomous vessels developed fall within the first category, however one of the challenges which may be faced by vessels falling in the third and fourth category is whether they meet the minimum safe manning requirements.
Trends that could impact salvage and response
Transport that the application of salvage laws will not be affected by autonomous shipping and will not require amendments in order to allow the operation of autonomous vessels. This would mean that a salvor could render salvage services to an autonomous vessel provided that the services are rendered voluntarily and do not arise from an existing duty, there is a marine peril placing the vessel or its cargo at a risk of loss or destruction and the salvage is successful either in whole or in part. If the salvage laws remain unamended, salvors would be able to continue making use of the standard salvage contracts, such as the Lloyd’s Open Form (LOF). The LOF does not specify the type of vessel to which it applies, as its main purpose was to encourage instant action to save vessels and cargoes by avoiding delays that might otherwise arise from protracted commercial negotiations. As per current practice, shipowners of autonomous vessels would be required to provide salvors with the necessary specifications and information for the safety of the salvage operation. Secondly, ship-
FUTURE WATCH
owners would be required to co-operate with salvors in conducting salvage operations and also allow salvors use of the vessel’s equipment, if required. Lastly, shipowners would be expected to accept delivery of the salved autonomous vessel from salvors once salvage operations have been completed. Conclusion Many questions remain unanswered as the dawn of autonomous vessels draws nearer. If autonomous shipping is certainly the future of the maritime industry it will become critical for stakeholders to adopt a more nuanced approach in the regulatory framework to be implemented for such vessels. In as much as stakeholders involved in the review of national and international framework play a critical role in the regulation of autonomous shipping, those involved in the design of such vessels play an equal role in creating vessels that revolutionise the maritime industry but that are also capable of adopting age old traditions of salvage and rescue at sea through their design, autonomous systems and the new roles to be implemented.
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FUTURE WATCH
Trends that could impact salvage and response
UNEP to fund a future framework for oil spill plans in the WIO region
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A six-month review process is planned to address the future of National Oil Spill Contingency Plans (NOSCP) and the finalisation of the Regional Coordination and Cooperation Framework on Oil Spill Preparedness in the Western Indian Ocean (WIO) region. The United Nations Environment Programme (UNEP) put out a call for a consultant to undertake this project in September last year, and issued another in December to look specifically at Mauritius’ NOSCP. The latter project is intended to be undertaken over two months. UNEP administers the Nairobi Convention for the Protection, Management and Development of Coastal and Marine Environment of the Western Indian Ocean, under the Ecosystems Division. The Contracting Parties to the Convention are Comoros, France (Reunion), Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia, South Africa, and United Republic of Tanzania. The Convention offers a legal framework, a forum for intergovernmental discussions and coordinates the efforts of its contracting parties in the protection, management, and development of their coastal and marine environment. Recognising the benefit of mitigating oil
Several priority areas of support have been identified that need to be addressed including the need to review the national oil spill contingency plans in the WIO countries, make recommendations on their updating and improvement, and use this information to feed into the process of finalising the draft regional coordination and cooperation framework on oil spill preparedness for the WIO region.
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pollution risks, the international community has supported the development of oil spill preparedness measures within the region, including encouraging the ratification and implementation of the International Maritime Organisation’s (IMO’s) International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention) and the Nairobi Convention’s Protocol Concerning Co-operation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region (Emergency Protocol). By ratifying these intergovernmental agreements, countries in the WIO region have committed to the development of plans and procedures in readiness for possible oil spills. Priority areas One of the project’s deliverables is to promote interventions that address the potential impacts of the growing oil and gas sector in the region. Several priority areas of support have been identified that need to be addressed including the need to review the national oil spill contingency plans in the WIO countries, make recommendations on their updating and improvement, and use this information to feed into the process of finalising the draft regional coordination and cooperation framework on oil spill preparedness for the WIO region.
Trends that could impact salvage and response
FUTURE WATCH
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FUTURE WATCH
Trends that could impact salvage and response
The one priority that seems to have taken a back seat is the need to establish a Regional Coordination Centre (RCC). This was emphasised at a joint regional workshop held during March 2020 in Tanzania. In a presentation by the Indian Ocean Commission (IOC) the recommended the setup be funded in part by the host country as well as through contributions from contracting parties based on their Gross National Income. In addition, the RCC could also receive funding from partners, donor agencies and other parties. The implementation of a Regional Response Centre could effectively and swiftly coordinate regional responses to emergencies, with a focus on shipping (Search and Rescue) and response to oil and gas and other marine pollution incidents likely to show effects at transboundary scale in line with national development plans. The UNEP contends that the new priority levels that exclude the establishment of an RCC need to be addressed before such an entity can be established. Interestingly, had the RCC been established, it would have been tasked with much of the work that falls under the UNEP call for consultants. Outcomes The intended outcomes of the six-month project include: Working document detailing the status
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of national level preparedness and response to marine pollution in the WIO region National action plans developed/ updated as appropriate A regional coordination and cooperation framework on oil spill preparedness for the WIO region finalised Workshop report prepared capturing the key findings, concerns, inputs and recommendations Finalised regional contingency plan ready for adoption
The two-month contract focused on Mauritius’ NOSCP has the following intended outcomes: Workshop report(s) capturing the key concerns, inputs, perspectives, and relevant recommendations from the consultation meetings. Revised NOSCP for Mauritius incorporating the comments and inputs from the consultation meetings as well as recommendation on gaps to be addressed to make the NOSCP fully operational. Maritime disasters such as that of the Wakashio have highlighted the need for swift and decisive action to combat and mitigate oil pollution especially in sensitive areas. A coordinated and ready-torespond strategically placed stakeholders will certainly impact on the future ability to manage oil spills at sea.
WHAT IS THE VALUE OF FUTURE WATCH Trends that could impact salvage and response KNOWLEDGE AND INFORMATION? Do you know which countries in Africa are focusing on maritime-related projects? Do you know which entitities are requesting proposals, quotes or information about maritime-related projects? Have you identified the maritime sectors that show growth and opportunities? Are you considering the bigger potential that Africa offers? Answer these questions so that you can identify potential new markets; maritime sectors poised for growth and participate in new business opportunities. We scour over 100 sources every week and are constantly searching for additional resources to ensure that we capture as many of the publicly available maritime bidding opportunities as possible. Each tender alert includes a title, who issued the bid, a brief description, the closing date, the date of issue and a direct link to the documents or more information. Our Premium Subscription includes monthly spreadsheets of the tenders issued with additional information to help classify the sectors and other information so that you can more easily identify and classify the opportunities.
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PEOPLE Interview with ISU president
South African at the helm of the International Salvage Union South African, Captain Nicholas Sloane was elected as the new president of the International Salvage Union’s most recent Annual General Meeting. Captain Sloane succeeds Richard Janssen, who will continue as a member of the ISU Executive Committee. Commenting on his appointment, Sloane said: “I would like to thank Richard for his hard work and leadership over the past two years – often in difficult circumstances – he has not only held the industry together but has helped us to make progress on key issues and led the appointment process of our new Legal Advisor and Secretary General.” Janssen said: “It has been a privilege to be ISU President. Most of my presidency has been conducted under the cloud of the COVID pandemic and restrictions but, like our
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members, ISU has risen to the challenge and continued to act as the global voice of the industry, serving our members, representing their interests and working on the important issues facing – if not threatening – our sector. “More than ever I am convinced about how critical our industry is and we have continued to make a great contribution by preventing loss, mitigating risk, protecting the environment and enabling global trade. I hand over the presidency with real confidence to Nick, who is wellknown across the shipping industry and beyond. He is a vastly experienced salvor and has a deep personal commitment to our industry and also to the protection of the marine environment.” Promoting cooperation “I am honoured to represent Resolve on the ISU Executive Committee and it is a privilege for me to take over the leadership position as President of the ISU. I want to see through our commitment to cooperate with insurers recognising that we serve the same clients, the shipowners. I want to vigorously promote our industry and its benefits. “In particular, I will emphasise that protection of the environment is such an important aspect of our members’ operations and so crucial in the world today which has rightly put the environment at the top of the international political agenda.” Captain Sloane, a South African, is a director of international salvage, wreck removal, emergency response and training provider, Resolve Marine of Florida USA. He is a Fellow of the Nautical Institute and the International Institute of Marine Surveyors and started his career at sea in 1980 and has worked in many
Interview with ISU president
WATCH
PEOPLE
Interview with Captain Nicholas Sloane, the new president of the International Salvage Union.
IN CONVERSATION WITH CAPTAIN NICHOLAS SLOANE roles, primarily in towage and salvage, rising to become master of the super-tugs John Ross and Wolraad Woltemade and then salvage master. His “case book” includes casualties and wrecks in all classes of ship and oil rigs around the world including leading the team that raised the Costa Concordia from the Italian island of Giglio from 2012 – 2014. Other appointments At the same meeting, John Witte was elected as Vice President of the International Salvage Union. Witte is President and CEO of Donjon Marine Co Inc of New Jersey, USA. He has more than 40 years’ experience of towage, salvage, heavy lift, marine engineering and shipbuilding and repair. Witte is a past-President of both the American Salvage Association and ISU. The AGM also heard that ISU has selected James Herbert to succeed ISU Secretary
General Roger Evans who is to retire at the end of Q1 2022. Herbert is the long serving communications adviser to ISU. He started his career as a British army officer before training as a BBC journalist. He joined the Shell group rising to head of group media relations where he handled numerous tanker incidents. After a period as a senior UK civil servant, Herbert formed his own communications consultancy specialising in the shipping industry and also providing crisis communications services to shipowners. He has 25 years’ experience of international marine casualty including deploying on site and working with major coastal state authorities including the UK Maritime and Coastguard Agency and the US Coast Guard. He has served the ISU for more than 12 years and transformed the way in which the organisation presents itself. He will combine the Secretary General and corporate communications roles. Maritime Review Africa
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PEOPLE Criminalisation of Seafarers
CRIMINALS
Arresting seafarers for incidents at sea Although the topic of arresting seafarers following their involvement in an incident at sea seems to have taken a backseat to seafarer crew change concerns, abandonment and mental health. But the threat of arrest remains a worry and certainly contributes to issues relating to mental health of seafarers.
T
he former Secretary General of the International Maritime Organisation (IMO), Efthimios Mitropoulos was vocal on the topic and committed the organisation to advocating on behalf. In one of his speeches, he asks whether the criminalisation of seafarers will actually have the desired effects or result in unconsidered consequences. “In recent times, there has been an increasing trend towards the initiation of criminal proceedings following maritime accidents - moves, which have been controversial at best and which have provoked outright hostility at worst,” he noted. Having initially raised his concerns at an ad hoc Committee on Maritime Safety
INSIDE THE ISSUES
ITF SEAFARERS
CRIMINALISATION OF SEAFARERS Worldwide, efforts to fight marine pollution are growing. Efforts to prosecute polluters are growing too. Seafarers must do all they can to avoid polluting the seas. They must
Violating the MARPOL convention can lead to criminal prosecution by a national government. Seafarers are often unfairly blamed, and convicted, because it is easier for governments to prosecute workers than owners. Commercial pressures often put seafarers in difficult situations. If pressure is placed on seafarers by management, or if they face accusations, they should contact the ITF for confidential advice.
HOW DO LEGAL SYSTEMS VARY? Each country has its own legal system. What you might expect in your own country may not apply elsewhere. For example, the right to remain silent, confidentiality of information, safeguards covering arrest and detention, access to legal advice and representation, a fair trial, and processes for extradition vary between countries. If in doubt, be sure to get advice from your union and/or from your company.
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be aware of the MARPOL convention that governs all aspects of marine pollution, including oily wastewater and garbage.
ITF CRIMINALISATION TOOLKIT
WHAT SHOULD I DO IF THERE IS AN INCIDENT? If your vessel is involved in a maritime incident, international guidelines should ensure that you are treated fairly during any investigation or if you are detained. Be aware that information given to investigators could be used against you in a criminal prosecution. If you are questioned about an accident involving your vessel, ask for a lawyer if necessary and contact your union and/or company for advice and assistance. You may also need to consider independent legal advice; you ITF inspector or union can help you find it. The state under which your ship is flagged has the right under international law to institute legal proceedings requesting the immediate release of any seafarers detained following an accident or pollution incident at sea. But Flag of Convenience (FOC) states are notorious in failing to pursue this right on behalf of crews of ships under their flags.
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The ITF and the wider industry have for some time sought to raise the profile of criminalisation and the unfair treatment of seafarers. It is one of the most serious problems facing seafarers today. On numerous occasions in different countries seafarers have been denied fair play and natural justice with which to defend themselves against charges that have resulted following maritime accidents. We wish to see the widespread adoption, promotion and enforcement of the ILO/IMO Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident. This toolkit is designed to promote and support this objective.
CRIMINALISATION TOOLKIT ITF SEAFARERS SECTION
of the European Parliament as far back as 2004, he continued to keep it on the agenda within international maritime bodies and committees. “I have expressed serious concerns about the inclusion of criminal penalties for those who cause pollution by negligence. My concerns centre on the possible conflict with current international requirements but extend to the practical effect that the proposed sanctions will have on seafarers and possibly salvors too. I am equally concerned that those caught up in cases of accidental pollution may stand the risk of being made to suffer penalties based on the extent of the pollution caused by their mistakes (or, perhaps more accurately, on the level of public outcry and political interest in its extent) rather than on the extent or circumstances of their errors.” “Criminalisation of seafarers is on the rise. Whether it is felt by the crew of the Wakashio who were effectively detained without charge, or the drawn-out threat of criminal charges against the Ever Given crew to bolster the Suez Canal Authority’s negotiating position over damages: seafarers are being cynically targeted all over the world by officials just for doing our jobs,” said ITF Seafarers’ Section Chair, David Heindel highlighting the year-long detention of the crew of the Wakashio in Mauritius in July last year.
Criminalisation of Seafarers
PEOPLE
“We know that seafarers are seen by some officials as convenient bargaining chips in efforts to hold shipowners to account for maritime accidents caused by issues like a lack of maintenance. This is especially the case when a state finds it difficult to locate and prosecute irresponsible shipowners who too often hide behind the Flag of Convenience system.” “But the solution to irresponsible shipowners ducking accountability for maritime accidents is not to hold seafarers hostage, but rather to reform the Flag of Convenience system and abolish the secrecy protections which allow anonymity and evasion,” said Heindel. In a document on criminalisation of seafarers released by ITF Seafarers there is a clear warning using a large bold font across the top of the page: “Worldwide, efforts to fight marine pollution are growing. Efforts to prosecute polluters are growing too. Seafarers must do all they can to avoid polluting the seas. They must be aware of the MARPOL convention that governs all aspects of marine pollution, including oily wastewater and garbage.” The document provides useful information to seafarers who may be involved in an incident and how they should proceed – especially if detained or questioned. “Each country has its own legal system. What you might expect in your own country may not apply elsewhere. For example, the right to remain silent, confidentiality of information, safeguards covering arrest and detention, access to legal advice and representation, a fair trial, and processes for extradition vary between countries,” they note. In a 51-page ITF Criminalisation Toolkit released by the organisation in 2019, they write: “Under legislation in certain countries seafarers are required to cooperate with accident investigations into maritime accidents. However the information is
eventually used by prosecutors. The ITF would welcome this as a practical way forward if it was adopted for use by all countries. We would always wish to see seafarers provide evidence to investigations for the purposes of improving safety, but without fear of any criminal consequences.”
ABOVE: Exerpt from - Code Of The International Standards And Recommended Practices For A Safety Investigation Into A Marine Casualty Or Marine Incident (Casualty Investigation Code).
The reality is, however, that in many cases when seafarers make statements to any official or investigator, these may be used in a criminal investigation. The ITF is not advocating that seafarers should not cooperate, but they should have the right to not self-incriminate and provide truthful information.
When should seafarers face criminal charges?
privileged and anonymous, so there is no fear of the testimony being passed on and Maritime Review Africa
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