Page 8: of Marine News Magazine (May 2012)

8MNMay 2012BY THE NUMBERS JUSTICE FOR SEAFARERS? Not by a long shot No good deed goes unpunished. At least, that?s the verdict delivered by a far-reaching survey of the experiences of seafarers facing criminal charges. According to the survey recently produced by the international legal research cen- tre Seafarers? Rights International (SRI), seafarers complained of unfair treatment, intimidation and a lack of legal representation and interpretation services. Conducted in eight languages, the effort polled 3,480 seafarers during a 12-month period and encompassed responses from 18 countries and 68 different nationalities of seafarers. To achieve a random and representative survey, responses were collected by sampling seafarers using the same coun- try proportions of seafarers as contained in BIMCO?s Manpower 2005 Update, the Worldwide Demand for and Supply of Seafarers (?BIMCO 2005?). The survey responses were then weighted to incorporate new observations as contained in BIMCO?s Report of Manpower 2010 Update in 2011 (?BIMCO 2010?). The data, troubling enough by itself, also provides ample proof that recruitment and retention of mariners is only going to get tougher in the long run. Here?s why: From these statistics it can be calculated that the odds ratio of a seafarer facing criminal charges is 18.87 times high- er if the seafarer is a master than if he is an oiler. Beyond this, it was found that being in the rank of master is one of the most important determinants of the probability of facing criminal charges; and of being convicted. Not surpris- ingly, having legal representation was found to be of the most important determinants of the probability of not being convicted of a charge. The trend is troubling in more than one way: 46.44% of seafarers who responded to the ques- tion (35.06% of the total seafarer population) said that they would be reluctant to cooperate fully and openly with casualty inquiries and accident investigations. Often, those respondents justified that answer by insisting, ?Anything you say can be used as evidence against you.? To gain a broader view of criminal charges faced by seafarers, SRI also carried out a review of all incidents involving criminal charges against seafarers reported in the trade press for the 12 year period from 2000 ? 2011. There were 415 incidents reported in this period, involving 1,580 seafarers. Significantly over the period under review, the numbers of maritime criminal incidents and the numbers of detained seafarers showed a tendency to increase. "The voices of seafarers are expressing real fears and concerns over criminal charges and it must be in the interests of the whole maritime industry that these are addressed and seafarers ade- quately protected. The prospect of criminal charges is daunting for any human being, whether in your own coun- try, or even more so in a foreign country, and so for seafarers entering foreign ports on a daily basis, the risks are high and the consequences can be dire if fair and due process is not followed," said Deirdre Fitzpatrick, SRI Executive Director. For MarineNews readers who might wonder how a worldwide survey on mariner criminalization relates to the U.S. mariner population which is, today, by and large, a brown water demographic; they need to look no further than the U.S. Department of Justice trending of cases based on ?the Migratory Bird Act? and other obscure legal tac- tics. Add to this the crushing weight of a dozen current and coming regulatory changes, and the prospect of going to sea must look much different today than it did just 10 years ago. SRI was launched in September 2010, on World Maritime Day. The full report of the survey will shortly be avail- able on SRI's website: www.seafarersrights.org Seafarers Facing Criminal Charges 8.27Seafarers knowing colleague facing charges 32.77Masters facing criminal charges (highest) 23.33Charges Dropped (PCT) 67.03Vessels Searched 44.28Seafarers Searched 43.55Seafarers Charged Without Legal Representation 86.75Facing charges who thought they were treated fairly 18.75Considering quitting profession because of criminalization41.58 Seafarers acting as witness in a prosecution 3.94Seafarers Charged & Having Rights Explained 11.40Oilers Facing Criminal Charges (lowest) 1.59Seafarers Convicted (PCT) 32.97Cabins Searched (no warrant) 63.75Seafarers Bodily Searched 29.24Seafarers Charged; provided interpretation services 91.20Seafarers facing charges who did not feel threatened 20.00Reluctant to cooperate in accident investigation46.44Source: SRI SEAFARERS AND CRIMINAL CHARGES survey SURVEY CATEGORY %SURVEY CATEGORY %MN#5 (1-17):MN 2011 Layouts 5/7/2012 1:04 PM Page 8