ITF Welcomes Admiral’s Anti-Piracy Commitment

26 October 2011

The ITF today welcomed the latest statement of determination to prevent piracy from the Supreme Allied Commander, Europe, US Navy Admiral James Stavridis, The organisation was responding to an exchange of letters with Admiral Stavridis, in which he reiterated the NATO task force’s determination to ‘use all its means to limit the freedom of movement to the Pirate Action Groups in the area’.

The Admiral was writing in response to a letter from ITF seafarers’ section chair, Dave Heindel, in which he raised the ITF’s concerns over the greater use by pirates of violence and now torture, and the failure of many of the major flag states to make any real contribution to the fight against piracy – including the failure even to make sure that ships flying their flags implement best management practice.

Dave Heindel wrote: ‘We need a more robust response in all areas. This would include disrupting the pirate camps on land and restricting their access to fuel and to their ability to store fuel. We would like to see their “safe anchorages” being made less safe.

‘We would like to work closely with you and to play an active part in raising the political will to take decisive action to combat piracy. If the military had been allowed to do so a few short years ago, I doubt we would be in the situation we are now in. Our fear is the longer it is allowed to go on, the more difficult it will become to deliver an effective response. We are already starting to see a similar model of piracy emerging in West Africa. Where next?’

In reply Admiral Stavridis wrote: ‘First, I want to thank you for your commitment against piracy, an evolving scourge, not only in the Indian Ocean but also, as you mentioned, emerging as a growing threat off the coast of West Africa.’

‘As you are well aware, the military action at sea, conducted by several coalitions, only address the symptoms of a wider problem which remain on land in Somalia,which has suffered from an absence of government for more than two decades. I would like to assure you that we are doing as much as we can, with the assets the NATO members have allocated to the NATO counter-piracy task force.

‘You are right to praise the implementation of Best Management Practices (BMP)
and that is why the NATO Shipping Centre in Northwood publicizes the measures
to be taken among the NATO members and on its web site.’

‘Regarding the legal framework about detention and prosecution of suspected
pirates, NATO Headquarters is attempting to negotiate a number of arrangements
to facilitate the transfer to and from some regional states. Your concern about this issue will be relayed to NATO Headquarters which is dealing with the political aspect of the problem.’

Both letters are attached in full.

Admiral James Stavridis
United States Navy
Supreme Allied Commander, Europe
Osaceur-Shape Unit 21420
Box 7100 APO AE 09705

September 9, 2011

Dear Admiral Stavridis

I am the Chair of the International Transport Workers’ Federation’s (ITF) Seafarers’ Section and Secretary-Treasurer of the Seafarers International Union of North America (SIU). I was pleased to hear that you met the ITF General Secretary and Secretary of the ITF Seafarers’ Section when you attended a piracy meeting with the industry, which was hosted by the IMO.

We are concerned that there seems to be a new equilibrium, which is much higher than in the past, and that it is being accepted. While it is true that the percentage of ships being taken is lower than before, the amount of stress and trauma that an unsuccessful attack generates cannot be overstated. That’s especially true of seafarers who regularly sail through the area. Piracy is draining the morale of the seafarer population, and mariners did not enter this line of work expecting to be shot at by RPGs and AK 47s. While we support the carriage of armed security guards we do not believe that they are an end-all solution. They are likely to result in an arms race and the pirates again changing their tactics. The developments this year have hit the morale of seafarers very hard, including the greater use of violence, abuse and even torture. We have seen some nationals being targeted and the payment of a ransom no longer guarantees their release. Holding nationals to coerce or intimidate a State is a new dimension and arguably a terrorist act.

One of our biggest concerns is the failure of the big flag States to make any meaningful contribution. It is clear that they are not effectively ensuring that ships which fly their flag implement the BMP. Neither are they taking any measures to exercise their jurisdiction on the pirates that attack vessels which fly their flag. This means that where there is sufficient evidence the flag State should be facilitating the transfer of custody of apprehended pirates and that the flag State should undertake the effective prosecution of the pirates and, after due process, their confinement/imprisonment. Their failure to conclude VPD MOUs, which would put them in the same position as they would be in if the vessel was carrying flag State VPDs, is adversely impacting on the effective utilization of the scarce naval assets which are available. This is why our organization is supporting H.R. 2839, a bill to suppress the threat of piracy on the high seas and for other purposes such as the reimbursement for actions taken to protect foreign-flagged vessels from piracy.

It is shocking that the Panamanian-flagged Iceberg 1 has been held since March 29, 2010. We know that it is causing severe strain on seafarers’ families, who have not received support or remittances from the owner. We can only imagine the effect this is having on the crew. Although it is said that negotiations are ongoing, it increasingly looks like the vessel and the crew have been abandoned. It is our understanding that the vessel is derelict having run out of fuel for the generators and as per a recent briefing from NATO, is now aground.

We need a more robust response in all areas. This would include disrupting the pirate camps on land and restricting their access to fuel and to their ability to store fuel. We would like to see their “safe anchorages” being made less safe.

We would like to work closely with you and to play an active part in raising the political will to take decisive action to combat piracy. If the military had been allowed to do so a few short years ago, I doubt we would be in the situation we are now in. Our fear is the longer it is allowed to go on, the more difficult it will become to deliver an effective response. We are already starting to see a similar model of piracy emerging in West Africa. Where next?

In summary, the ITF and American maritime labor are eager to immediately join with you in combatting the scourge of piracy. With lives being threatened and lost, and the devastating economic consequences felt around the world, piracy already has claimed far too many victims. Let’s take a stand together to help win this fight.

I look forward to hearing from you and to working with you in the future.

Respectfully,

David Heindel
Chairman

Non Sensitive Information
Releasable To The Public
Supreme Allied Commander Europe

October 2011

Mr David Heindel
Chairman of International Transport
Workers Federation
ITF House
49-60 Borough Road
London SE11DR
United Kingdom

Dear David,

International Effort Against Piracy

First, I want to thank you for your commitment against piracy, an evolving scourge, not only in the Indian Ocean but also, as you mentioned, emerging as a growing threat off the coast of West Africa. I appreciated the opportunity to speak to seafarers during my presentation at the International Maritime Organization as we have a common goal to disrupt the pirates that threaten the maritime community in the Horn of Africa.

As you are well aware, the military action at sea, conducted by several coalitions, only address the symptoms of a wider problem which remain on land in Somalia, which has suffered from an absence of government for more than two decades. I would like to assure you that we are doing as much as we can, with the assets the NATO members have allocated to the NATO counter-piracy task force. You are right to praise the implementation of Best Management Practices (BMP) and that is why the NATO Shipping Centre in Northwood publicizes the measures to be taken among the NATO members and on its web site.

Regarding the legal framework about detention and prosecution of suspected pirates, NATO Headquarters is attempting to negotiate a number of arrangements to facilitate the transfer to and from some regional states. Your concern about this issue will be relayed to NATO Headquarters which is dealing with the political aspect of the problem.

I appreciate your support for more robust actions against piracy and I can guarantee you that the NATO task force uses all its means to limit the freedom of movement of the Pirate Action Groups in the area. With other military coalitions,

NATO Warships put pressure on the identified strongholds of pirates along the coast of Somalia and intend to continue while the monsoon season is abating. I will forward your letter to the NATO HQ in Brussels to inform NATO's political body of your concern.

Yours sincerely
J. Stavridis
Admiral, US Navy

ENDS

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