http://www.mhwmagazine.co.uk/LatestNews/Growing_calls_for_armed_guards_to_de
fend_ships_against_piracy_menace-8766.html 


Growing calls for armed guards to defend ships against piracy menace 


23 March 2011 

Shipping industry experts have raised a clear voice in favour of deploying
armed guards on merchant vessels to repel piracy attacks. Many maritime
professionals who previously opposed the measure for fear of escalating the
violence say they have changed their minds, while retaining various
reservations. The switch in mood has been reflected in a decisive vote at
the 2011 'hot topic' Debate of WISTA-UK (part of the Women's International
Shipping & Trading Association), for the tough approach.

Passionate contributions to the debate came from both sides, and those who
declared themselves neutral on the issue. The industry is agonising over
what is the best response to the mounting number of pirate attacks, mainly
originating from citizens of Somalia, and the growing ordeal of hostages who
are subjected by their captors to cruel treatment.

Participants at the WISTA Debate resolved by 42 votes to 16, with 13
declared abstentions, to support the motion: "This House believes that
vessels should have armed guards on board." In total, some 100 men and women
from shipping, law, insurance, private security and other services were
present at the meeting, in the City of London. The Debate is organised every
March, the month in which International Women's Day is celebrated.

The International Maritime Bureau reported that there were a total of 440
attacks on shipping in 2010, of which 218 were attributed to Somali pirates
in the Gulf of Aden, off the Coast of Somalia and in the Western Indian
Ocean, and there have been further outrages in the first quarter of 2011.
Opening discussion at the WISTA event, Peter Hinchliffe, secretary general
of the International Chamber of Shipping, said that proposing the motion was
a task he "would not and could not have undertaken a few weeks ago," and it
was important to put this into context.

Citing rising brutality in recent cases, Mr Hinchliffe insisted that one
needed "to fight the current version of piracy" being perpetrated by Somali
youth, who were financed by a murky underworld of organised crime. What was
important was that this lucrative business of piracy was removed with speed.
The military presence in the Gulf of Aden had caused piracy to shift almost
as far as the coast of India. Sea control in the northern Indian Ocean was
being ceded to armed gangs.

Some 600 seafarers are at present held for ransom, and the average time in
captivity has extended to around eight months. No nation had a strategy to
tackle the problem, and seafarers were daily running the gauntlet of armed
pirates, with ships' superstructures being penetrated by rocket propelled
grenades, said Mr Hinchliffe. Unfortunately most flag states did not have
the resources at their finger tips to provide military guards in the theatre
of operation. "In these exceptional circumstances, it is our belief that the
use of armed guards, private security, be permitted by the flag state when
considered appropriate."

He added: "We must not send [ships'] masters into the area with their arms
tied behind their backs, but let us not institutionalise a precedent that
could encourage the use of armed guards."

Seconding the motion, Maria Dixon of ISM Shipping Solutions, who is
president of WISTA-UK, spoke of the experience of her niece when employed as
a third officer and her niece's fiancé as IT manager on a passenger ship,
the Oceanic, during a Gulf of Aden cruise in 2009. Six pirates, aboard two
skiffs, began shooting at the ship and the crew ran inside for cover,
although some intrepid Japanese passengers went out to the deck. When ship
was in contact with a Greek NATO warship 20 miles away, the pirates heard
the radio message and fled. "I certainly think that there should be armed
guards on board," said Ms Dixon. "It is not the same as combating common
thieves. The crews may be subject to panic attacks. Firing weapons will keep
pirates away. The crew are seafarers meant to sail the ship, not to defend
it!"

Opposing the motion, Leslie-Anne Duvic-Paoli of the Royal United Services
Institute for Defence and Security, referred to the principle that nation
states should have a monopoly of violence. She questioned how trustworthy
were some private security companies, in a market which was unregulated and
a legal framework that was vague.

Private security businesses were mainly involved in a land based
environment, and the maritime environment was completely different. She
warned that having security guards on board would lead to an escalation of
violence. One consequence would be that pirates would attack ships without
armed guards on board, and "when pirates see that there are armed guards on
board they will resort to more violence." She spoke of an incident in
February 2011 in which American hostages were killed by pirates who felt
threatened by a US Navy ship.
Angus Galbraith, an ex-seafarer on tankers, who is a member of the London
committee of the Nautical Institute and a Lloyd's broker with Lloyd's
underwriting authority, opposed the motion, warning that the laws of many
countries forbade carrying guns on board merchant ships. This meant any
armed guards on board had to be kept outside port limits.

Mr Galbraith said that in cases where P&I (protection and indemnity) and
hull insurers agreed that armed guards should be on board, he was somewhat
relaxed about the situation (as P&I insurers then would be committed to
legally defending the master who could be held liable for manslaughter for
any deaths that occurred onboard), but said that most of the security people
were ex-SAS officers and had no experience of tankers. Firing shots around
posed a big problem, an environmental problem: an explosion on a gas carrier
or a tanker of 200,000 dwt would create a serious issue.

He said it was critical for shipping companies to be appropriately insured
(kidnap and ransom), as the insurance side could usually expedite the
release of the crew and ship. He urged rejection of the principle of guards
on board, but he was in favour of military convoys and armed guards
positioned one or two miles from a ship.

Taking a 'neutral' stance, that ship owners should be left to make their
individual decisions, Nick Platt, vice-president of Gard P&I Club (UK),
admitted: "Sometimes the P&I clubs are seen as the solvers of all problems,
but we are not, when it comes to piracy." What they did do was to vet
security company contracts. Until quite recently, Gard was against the idea
of armed guards, but "we are now neutral together with the other clubs in
the International Group [of P&I Cubs]."

Mr Platt said: "Pirates are very clever people. They are doing very good
business." We were one step behind, when we should be one step ahead of
them. "What happens if they put 30 to 40 pirates on the ship with heavy
weapons. Are your three or four armed guards good enough?"
Also on the 'neutral' side was Peter Cook , a founding member of the
Security Association for the Maritime Industry, which positions itself as
the maritime security industry's regulatory body.

Mr Cook said: "Piracy is a complex problem. It is not something that will be
solved by putting armed guards on board." Whether armed guards should be
embarked depended on the risk assessment made of the ship. Of the guidelines
in BMP3 (Best Management Practices to Deter Piracy in the Gulf of Aden and
off the Coast of Somalia), he said that as a document of consensus, it was
not as explicit as it could be. BMP was developed by shipping industry
organisations, in cooperation with navies, to offer practical advice to
companies and ships. It was the basic minimum to observe, said Mr Cook.

He observed: "There is a marked increase in physical abuse of seafarers. I
do not see any reason why that will decrease. I think that we are looking in
the near future at a greater number of events where people are injured,
tortured or killed." He said that using maritime security companies was a
short term solution, "but we have to have something."

>From the audience, Janet Strode, general manager of the International Parcel
Tankers Association, said that after a long time being against the
deployment of armed guards, the association was now in the middle of a
discussion on the issue.

Sue Williams, a London-based hostage negotiator, said she had changed her
opinion and was in favour of the armed guards option. The average
incarceration period had risen to 155 days, from 66 days, and the world had
to wake up to the degree of such torture, said Ms Williams.

Julie Lithgow, a member of WISTA-UK, cautioned that armed reaction was not
the answer. She said: "We talk about finding the solution ashore, about
wanting governments to do something. We don't specify what that something
is. We already have clear lessons from other developing nations that prove
that the best way for a society to develop socially, economically,
politically and securely is through universal access to education and equal
rights for women. 
"But I acknowledge there is a need for short term action to reduce the
numbers of seafarers taken, held hostage, beaten, tortured and killed by
Somali pirates. After years of legislation to make our ships safer and safer
for seafarers, putting guns on ships, however skilled the armed guards may
be, makes our ships intrinsically less safe.

"BMP has a number of suggestions that can make our ships safer, and so far,
no vessel with BMP correctly and robustly implemented has been taken by
pirates. One of the simplest and cheapest recommendations within BMP is to
inform UKMTO [UK Maritime Trade Operations office in Dubai] and MSCHOA
[Maritime Security Centre - Horn of Africa} when your ship enters the high
risk zone. And yet, more than 30% of ships entering the zone fail to take
even this first step. 
"So my short term solution suggestion is that BMP become mandatory, and
vessels can be held by port state control for no- compliance with BMP at
ports before entering the zone," said Ms Lithgow.

In further contributions, a former ship's master said that crews had been
reduced substantially in recent years, to a level of 15 or 16 people
expected to carry out many duties. He said there must be some form of
protection for seafarers or shipping would die as potential recruits to the
industry were deterred. "I feel the seafarer has been let down."

Another ex-master complained of lack of official strategy in dealing with
the menace, and suggested that navies might be able to stop pirates leaving
the shore, although that would mean taking over the beaches.
John Faraclas, a shipping commentator and consultant, said that the
piracy-hit area should be declared a war zone "with whatever this entails."
He added: "We should go and smash them there."

Participants had no hesitation in responding to the call by the moderator of
the debate, Paul Gunton, executive editor of IHS Fairplay, for a robust
discussion and for the meeting to explore alternatives to armed guards.
Ms Duvic-Paoli said: "The alternative is political, everyone knows it. The
solution is on land, not at sea." She urged insurers to insist that every
ship owner followed the Best Management Practices code if they wanted to
secure cover.

Jim Davis, chairman of the International Maritime Industries Forum, and a
WISTA-UK Ambassador, presided over the event. He said that the problem of
maritime kidnapping called for a short-term approach of carrying armed
people on board, as crews of just 15 on very large ships could not be
expected to look after themselves without help. He felt that the problem of
rules of engagement had not been raised clearly during the debate: the
present rules of engagement were shackling such forces as there were.
In the medium term, said Mr Davis, "we must get the United Nations behind
us. In the long term, there is the need to address the question of an
anarchic, totally poor country [Somalia]."

Mr Davis summed up: "The freedom of the high seas and trading thereon is one
of the oldest legal requirements. That must be reinforced. On land, too, in
Somalia we have a big job to do."

 
<http://www.mhwmagazine.co.uk/LatestNews/Growing_calls_for_armed_guards_to_d
efend_ships_against_piracy_menace-8766.html> 




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