STAY ANGRY - Hebei Spirit Michael Grey

GREAT that the master of the Hebei Spirit , Jasprit Chawla, and his chief officer, Syam Chetan, are back home with their families again after their enforced detention in South Korea. There is still a job to be done to dispose of the remaining charges against these fine officers, who, in the words of V.Ships president Roberto Georgi, “gave 110%” in their professional efforts to recover the situation after their ship had been rammed by the runaway crane barge.

There is also a major job to be done in ensuring that these huge injustices that are regularly perpetrated on seafarers caught up in marine accidents do not happen, and this is a task which will involve the whole industry and its representative bodies, the International Maritime Organization and International Labour Organisation, flag states and the unions.

It is a battle that will require legislation, changes in attitude, a reverse for the adherents of the blame culture and rather more respect for professionals doing difficult jobs which involve unavoidable risk-taking.

Would the two officers have been repatriated if there had not been such a consistently maintained volume of outrage at their unfair detention? I would suggest that in the case of the Hebei Two, we in this industry reached a watershed moment, which somehow persuaded every respectable interest to throw the book at the South Korean system that was perpetrating such an obvious injustice.

In these cases, there is often a dilemma faced by those trying to do what is best for the individuals. How often, just as we are putting our outrage machinery into overdrive, have we been told to back off and leave it to the lawyers — you will just make things worse by going public on these sensitive matters?

This case broke the mould; helped, I suggest, by managers and owners who would not let up in their absolute conviction that this was the grossest of gross injustices and that the actions of good men and true should not be abused in this reprehensible fashion.

Unusually, because diplomats invariably cite wider considerations in any government-to- government intervention on behalf of wronged individuals, the Indian government attached a high priority to this case. Indian owners and unions kept the pressure on and are continuing to do so until the South Koreans judge these officers wholly blameless.

The case of the Hebei Two was the one that united every interest in a way that seemed to have been out of the question with the average case of wronged mariners. It was as if all the pent up outrage at masters criminalised by courts all around the globe, at the disrespectful treatment by shoreside officials worldwide and the paucity of ordinary, decent behaviour shown to seafarers, crystallised around these two detained officers.

They became a symbol of all the manifold injustices that are inflicted upon seafarers by rotten systems and corrupt officials. Of shipwreck survivors being thrown into jail in so-called civilised advanced western countries. Of ship masters being terrorised in bill of lading disputes and held criminally liable for accidental pollution over which they could have had no conceivable knowledge or privity. Of people being thrown into jail because of narcotics discovered in their ship’s cargo, or fastened to the bilge keels by divers in foreign ports. Of people facing charges because of inadequate charts, or facing manslaughter citations after a genuine marine accident.

The injustices, the corruption, the knowledge that buckpassing and scapegoating were regular features of such cases centralised around the case of the Hebei Spirit , and a great shout of collective rage and indignation went up from all around the world.

At one stage I started to feel just a little sorry for the South Koreans. At last winter’s Maritime Safety Committee at the IMO, delegate after delegate was getting to his feet to voice his flag state’s concern at the situation and to hope that the two would be soon on their way. But then came a clearly biased Korean report into the incident and the evident determination that the mighty chaebol that sent the crane barge to sea regardless of the weather forecast should avoid any blame.

The ridiculous assertion that the two officers should not have inerted the spaces voiding oil was so stupid that it became obvious that this was a major, gold-plated stitch-up. Nobody, after this, had a shred of respect left for the decisions being taken by the Korean courts. Indeed, it was clear that it was becoming a major embarrassment to Korea Inc, with people opting to boycott the goods sold by the excellent manufacturers of that industrious nation, on a point of principle. It was a tipping point. However, will anything change as a result of this collective industrial concern and anger? It surely must be a rallying cry for a more rational and principled approach to fair treatment of seafarers, far beyond the existing recommendations that can be conveniently ignored.

Fair treatment and a respectful behaviour towards seafarers ought to be enshrined in a firm legal code, which could differentiate between civilised and barbaric states. After all, just as the voluntary IMO flag state audit scheme can sort out the wheat from the chaff, this fairness and respect test could be an integral part of this audit.

If I were a flag state eager to impress potential customers with my manifold virtues, I would swiftly move to codify this as part of my criteria for excellence and take what steps were necessary to enshrine it all in practice.

But let us shine a brighter light into all these dark practices, where seafarers are maltreated to fulfil political agendas, or caught up in anti-terrorism or immigration drives. Let us name names, bring down international opprobrium and contempt upon countries, places and individuals who have persecuted seafarers, or subjected them to a mode of justice that their own fellow citizens would not tolerate.

Seafarers do a job that deserves respect, which entitles them to be treated well. So let us not give up now as the two Indian officers enjoy their time with their families.

Let us resolve to keep the momentum going and, just as soon as Capt Chawla and chief officer Chetan have been judged wholly innocent, switch our attention to the many other targets for our outrage, where unfairness and disrespect continues to rule.


                                                             
 
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