The seafarers might be entitled to additional compensation and benefits
depending on the susceptibility to piracy of the zones they operate in.
The references to “high risk area” in the above paragraphs are taken from the
2015 to 2017 IBF Framework TCC Agreement, which was negotiated by the
International Transport Workers Federation. In its Article 17.4, the Agreement
provides: “In addition to areas of warlike operations, the IBF may determine High
Risk Areas and define, on a case-by-case basis, the applicable seafarers’ benefits and
entitlements, as well as employers’ and seafarers’ obligations. In the event of any
such designations the provisions of Articles 17.1 and 17.2 shall apply. The full
details of any Areas so designated shall be attached to the CBA and made available
on board the vessel.”
It is noteworthy that the Best Management Practices for Protection against
Somalia Based Piracy reads: “The High Risk Area defines itself by where pirate
activity and/or attacks have taken place. For the purpose of BMP the High Risk Area
is an area bounded by Suez and the Strait of Hormuz to the North, 10
S and 78
E.
(Note - the UKMTO Voluntary Reporting Area is slightly larger as it includes the
Arabian Gulf). Attacks have taken place at most extremities of the High Risk Area.
Attacks to the South have extended into the Mozambique Channel. A high state of
readiness and vigilance should be maintained even to the South of the Southerly
limit of the High Risk Area.”
It may be argued that this leaves the definition of “high risk area” hanging and not
subject to a tight objective framework, as ultimately it will result from negotiation
between the parties to collective agreements. One possible approach worth considering is to link the definition to the insurance companies’ war committee
declarations.
Finally, it should be said that the 2015–2017 IBF Framework TCC Agreement
does not cover all seafarers. Nevertheless, it provides a noteworthy albeit insufficient
protective regime to those seafarers that are subject to its provisions.
3.2 Human Rights Applicable to Pirates
The series of sequential events that take place during a typical anti-piracy operation
include surveillance for collecting evidence and quantifiable intelligence, the
boarding of the suspected vessel, the capture of the suspected pirates aboard the
vessel, the trial of these suspects in the flag State, and the impugnation of the
suspected pirates. The authorities, during this process, often seize the suspected
vessel which is considered a private property. Each stage of this operation is
supported by different Articles of European Convention of Human rights including
Article 3 and 8. However, each execution of these procedures can be challenged in
400
K. Lagdami and A. Fakhry
depending on the susceptibility to piracy of the zones they operate in.
The references to “high risk area” in the above paragraphs are taken from the
2015 to 2017 IBF Framework TCC Agreement, which was negotiated by the
International Transport Workers Federation. In its Article 17.4, the Agreement
provides: “In addition to areas of warlike operations, the IBF may determine High
Risk Areas and define, on a case-by-case basis, the applicable seafarers’ benefits and
entitlements, as well as employers’ and seafarers’ obligations. In the event of any
such designations the provisions of Articles 17.1 and 17.2 shall apply. The full
details of any Areas so designated shall be attached to the CBA and made available
on board the vessel.”
It is noteworthy that the Best Management Practices for Protection against
Somalia Based Piracy reads: “The High Risk Area defines itself by where pirate
activity and/or attacks have taken place. For the purpose of BMP the High Risk Area
is an area bounded by Suez and the Strait of Hormuz to the North, 10
S and 78
E.
(Note - the UKMTO Voluntary Reporting Area is slightly larger as it includes the
Arabian Gulf). Attacks have taken place at most extremities of the High Risk Area.
Attacks to the South have extended into the Mozambique Channel. A high state of
readiness and vigilance should be maintained even to the South of the Southerly
limit of the High Risk Area.”
It may be argued that this leaves the definition of “high risk area” hanging and not
subject to a tight objective framework, as ultimately it will result from negotiation
between the parties to collective agreements. One possible approach worth considering is to link the definition to the insurance companies’ war committee
declarations.
Finally, it should be said that the 2015–2017 IBF Framework TCC Agreement
does not cover all seafarers. Nevertheless, it provides a noteworthy albeit insufficient
protective regime to those seafarers that are subject to its provisions.
3.2 Human Rights Applicable to Pirates
The series of sequential events that take place during a typical anti-piracy operation
include surveillance for collecting evidence and quantifiable intelligence, the
boarding of the suspected vessel, the capture of the suspected pirates aboard the
vessel, the trial of these suspects in the flag State, and the impugnation of the
suspected pirates. The authorities, during this process, often seize the suspected
vessel which is considered a private property. Each stage of this operation is
supported by different Articles of European Convention of Human rights including
Article 3 and 8. However, each execution of these procedures can be challenged in
400
K. Lagdami and A. Fakhry