[anjan_c2007]

A very sad predicament that needs to be condemned by all sane persons. According to the UN Law of the Sea Conference (UNLOSC), the premises or precincts of a specific vessel is subject to the respective laws of the country which has it's flag on the vessel and may also own the vessel. The practice is accepted since the very early years ever since the UN came into being. It is the same for airplanes whose precincts are also subject to laws of the country of it's registration and ownership.

Freedom of navigation and maritime laws have also been enunciated by the UN and now fine tuned by the UN Law of the Sea Conferences that were held in the 1970's and early 1980's and codified as a part of international maritime law in 1982. As a comprehensive compilation of the modern law of the sea, the UNCLOS not only codifies numerous customary rules of law of the sea, but also progressively develops the treaty rules of law of the sea. China has participated in the whole process of UNCLOS negotiations since 1971.

Quoting from the UNLOSC :-

Freedom of navigation (FON) is a principle of customary international law that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, maritime navigation has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers."

This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has signed, but not ratified the convention.

But the moot question is as to whether rogue states follow UN laws they were a part while negotiating, debating , drafting and enacting, later even becoming signatories of such laws ? They have their own unwritten laws to their own advantage, suited to every predictable or unpredictable situation that has arisen or could eventually arise.

The best way out could be to again and again send tweets to top MEA and PMO officials so that they can use their good offices to diplomatically resolve the stalemate. Several pirates taking our ship crew as hostage during multiple occasions were ably resolved by our MEA. But this situation is worse and managing pirates and rogue states call for entirely different diplomatic practices.

[alpha1]

Originally Posted by SmartCat

Some foreign company

An Australian company. Charges are based on size of the ship and something like $30,000 per day.

Crew is hired by owner of the ship

China is essentially a rogue country. Australia supported the US-led call for investigation on origins of Covid-19. Australia banned Huawei from 5G trials. Kicked out many Chinese "students" who were spying. This is China's idea of bringing Australia to the negotiating table. Many Western countries have advisories for executives working in China or visiting China. The advisory basically states that you can be detained for no reason, because of geopolitical tensions between the countries. Eg:

But in this case China has not "detained" the ship or the crew. If I read the below correctly:

China is not allowing them to berth and offload or change the crew and the charterer is not allowing them to go to different port for crew change.

Charterer is willing to keep paying 30kUSD per day for entire year without actually utilizing the services of the ship+crew but is not willing to let them scramble to another location say back to Australia.

China has all the right not to allow outsiders, but I can't understand the behavior of the charterer here and would squarely blame them based on my partial knowledge about this incident and the neophyte view of the industry.

[AZT]

Originally Posted by alpha1

Charterer is willing to keep paying 30kUSD per day for entire year without actually utilizing the services of the ship+crew but is not willing to let them scramble to another location say back to Australia.

Charterer probably wont get paid unless they deliver the goods. They will then be on the hook for the cargo and also paying the salaries. The shipment itself would be insured so the person who sent it is covered if the goods don't arrive by a certain day.

It's either that or the Australian govt is insisting the charter stays there as some diplomatic stand off. This reminds me of the Stella vessel incident in Iranian waters.

[RadixLecti]

Originally Posted by anjan_c2007

According to the UN Law of the Sea Conference (UNLOSC), the premises or precincts of a specific vessel is subject to the respective laws of the country which has it's flag on the vessel and may also own the vessel.

While this is true in theory, this particular vessel is registered in Panama, the most famous flag of convenience. If it had been a 'quality' flag, then OP would have had a chance of making some progress by approaching the flag state.

[ShivrajG]

That's True!

The company is trying and is in touch with charterer for this however The Charterer is not allowing them to leave the port. I also don't understand the logic of this. Its a humanitarian crisis on the ship and they are treating sailors as war soldiers holding them captive without any reason.

They are doing their duties and if China doesn't want the goods they should allow them to leave the port and return.

I am sorry to say this but this kind of act just generate more hatred towards them.

[Red Liner]

Originally Posted by ShivrajG

That's True!

The company is trying and is in touch with charterer for this however The Charterer is not allowing them to leave the port. I also don't understand the logic of this. Its a humanitarian crisis on the ship and they are treating sailors as war soldiers holding them captive without any reason.

They are doing their duties and if China doesn't want the goods they should allow them to leave the port and return.

I am sorry to say this but this kind of act just generate more hatred towards them.

I wonder if some one like Sushma Swaraj ji would have swung into action on something like this.

[anjan_c2007]

Originally Posted by ShivrajG

That's True!

The company is trying and is in touch with charterer for this however The Charterer is not allowing them to leave the port. I also don't understand the logic of this. Its a humanitarian crisis on the ship and they are treating sailors as war soldiers holding them captive without any reason.

Please also meet your local Member of Parliament (MP), Lok Sabha and also Rajya Sabha MP, who could be stationed in your city. Please state facts and the present status in a signed letter that will have to be handed over to him or her. You can request him or her to in turn write and speak to the Minister of External Affairs and also the Secretary, MEA with the request to resolve the stalemate and negotiate for return of the affected person/s back to our country.

[SnS_12]

Originally Posted by ShivrajG

My brother in law with other Indian sailors is currently serving on MV ANASTASIA and have been onboard for more than a year now, they are stuck on Anchorage in Caofeidian. The organization is not taking any steps to relieve them and this situation is detreating their mental as well as health condition.

This situation is created due to the trade issues in China and Australia, in which the crew has no part to play. They are doing their duties professionally however to get relieved after their contract is their basic right which now hangs in lurch.
This is a direct human right violation by the Governments and the maritime companies

I have started a petition on change but due to the TBHP rules I am not posting it here. If you would like to sign it would request you to sign it by searching on Change.

[b]I need advice from BHPians on how to get help for him in this situation.

Ask your BIL to find out the Club which has done the P&I Insurance for the vessel and get in touch with them. The MLC (Maritime Labour Convention) cover in the P&I policy will pay the crew their unpaid wages and also help them get back to their home country.

[gautam109]

Have you tried registering the case on MEA's portal for Indian citizens in distress abroad - http://www.madad.gov.in ?

[aashishnb]

Just out of curiosity, what happens if the cargo and / or the ship is damaged and the crew has to abandon ship?

[bpapache]

Originally Posted by ShivrajG

If you would like to sign it would request you to sign it by searching on Change.

Hi ShivrajG,
I really hope that this gets resolved at the earliest. I have found the petition and signed it. Have shared with my friends and family too. I really wish you and your family get all the support you need.

[AyushB]

Co-incidentally I was reading an article on CNN this morning on Australia/China Relations.

https://edition.cnn.com/2020/11/19/a...hnk/index.html

Try to contact the author of this article on twitter, maybe he might be interested in it since it will be a Human Interest story for him, and he might be able to highlight the issue.

[ShivrajG]

Originally Posted by AyushB

Try to contact the author of this article on twitter, maybe he might be interested in it since it will be a Human Interest story for him, and he might be able to highlight the issue.

Thanks for this I have tweeted to James Griffith, lets hope he talks about it.

Originally Posted by bpapache

Hi ShivrajG,
I really hope that this gets resolved at the earliest. I have found the petition and signed it. Have shared with my friends and family too. I really wish you and your family get all the support you need.

Thank you so much we need as much support we can get!

Originally Posted by gautam109

Have you tried registering the case on MEA's portal for Indian citizens in distress abroad - http://www.madad.gov.in ?

No I didn't knew such thing existed. I will check that now thank you for the advice. We never faced such issues with his 10 yrs of career, but then again these are very bad times.

Originally Posted by SnS_12

Ask your BIL to find out the Club which has done the P&I Insurance for the vessel and get in touch with them. The MLC (Maritime Labour Convention) cover in the P&I policy will pay the crew their unpaid wages and also help them get back to their home country.

I have asked him to check on that. Thank you for the advice.

[Sran]

China has blocked coal imports from Australia due to political climate. There are many ships laden with coal stranded at chinese ports.

You should file a writ in the High Court, maybe habeas corpus or mandamus under Article 226. It will help to speed up the process of various maritime bodies/quasi judicial bodies by giving them directions.

You can also file case in S.C under Article 32. Right to health of a worker is a fundamental right under article 21. The relevant cases will be:

1. P. Rathinam N. Patnaik vs Union of India. JT 1994. A person can not be forced to enjoy the right to life to his detriment.

2. Ramsharan Autrynuprasi vs union of India AIR 1991

3. Sankar Banerji vs Durgapur project ltd. AIR 1988.
Comeplling a person to live in sub human conditions also amounts to the taking away his life, not by execution of a death swntence but by a slow and gradual process of robbing him of all his human qualities and graces, a process which is much more cruel than sending a man to the gallows.

4. Kharak Singh vs State if Uttar Pradesh AIR 1963. That the expression of life is not limited to nodily restraint or confinement but something more than mere animal existence.

Then there are labour laws to force the owner to bring back the crew and send a fresh crew if they feel like. Under UN the Universal declaration of human rights,1948 Article 9: No one shall be subject to arbitary arrest, detention or exile.

Talk to a lawyer stat. I am not a lawyer, I just like to read anything.

[RadixLecti]

I can see that this is starting to get some traction in the seafaring news world, probably due to your efforts:

https://seanews.co.uk/news/governmen...eafarers-home/

https://splash247.com/china-urged-to...ed-crew-leave/

Have you considered trying to contact an international paper like The Guardian? While I was stuck on my last ship earlier this year they were one of the few major news outlets which ran stories about people in my situation. The NYT and Washington Post are also papers with significant international readership that often run stories on human rights violations outside their home countries.