January 19, 2024

Piracy and the Protection of Human Rights at the Sea

This article is written by Ms. Tanishka Nigam, a 3rd year student of Narsee Monjee Institute of Management Studies, Bangalore.

 

ABSTRACT

This study examines piracy and how it affects human rights at sea, focusing on seafarers’ struggles. As maritime trade grows, so does piracy, which endangers seafarers and breaches their human rights. This study reviews international maritime legislation, treaties, and real-life examples to examine sailors’ complex post-piracy concerns. The paper emphasises international coordination and legislative initiatives to protect seafarers’ human rights quickly and effectively. This study examines the social, economical, psychological, and legal effects of piracy on seamen. The objective is to help us understand the problem and discover methods to reduce its harm. Finally, the study supports a comprehensive approach to maritime human rights. This policy makes marine travel safer and more secure to facilitate international trade and development.

 

INTRODUCTION

Important as it is for global trade, the maritime industry has long served as a meeting place for business, culture, and, unfortunately, criminal activity like piracy. Even while the seas are a hub for commerce and communication, the inherent risks posed by piracy make it very difficult for people to exercise their basic rights when travelling across them. The difficult experiences of seafarers, who are most impacted by the pirate menace, will be the primary focus of our investigation into the interconnected nature of human rights at sea and piracy. A number of maritime locations have seen the return of pirates, which has had a devastating effect on the marine industry. Seafarers, who are frequently disregarded, are vital to international trade, yet they confront literal and metaphorical barriers on a daily basis. Both the physical safety and well-being of the crew and the business interests linked to marine routes are jeopardised by the increasing sophistication and frequency of pirate attacks. Seafarers confront not just the genuine threat of piracy but also a number of human rights abuses, such as lack of access to adequate housing and healthcare, abduction, physical violence, and even death. It is essential to analyse the existing legal frameworks that govern maritime activities when looking at the difficulties encountered by seafarers. With an eye towards fostering the ideas of peaceful utilisation of the seas and unfettered passage across waterways, the United Nations Convention on the Law of the Sea (UNCLOS) creates a basic framework for controlling maritime affairs. However, the shortcomings of existing legislative approaches to addressing the unique challenges faced by seafarers are becoming increasingly apparent as piracy continues to escalate.

It would be a mistake to discount the profound emotional toll that pirate incidents have on sailors. Their mental health suffers as a result of prolonged incarceration, ongoing danger, and the trauma of seeing acts of brutality against their classmates. The various facets of the human rights tragedy at sea are the subject of this research, which aims to shed light on the often-overlooked psychological ramifications. In light of the critical need to address piracy and its far-reaching effects on society across the world, this initiative seeks to offer all-encompassing solutions for safeguarding human rights at sea. In light of evolving dangers, this research intends to advocate for preventative actions that strengthen marine environment safety and safeguard the rights of seafarers. To achieve this goal, it examines how piracy, international legal systems, and sailors’ experiences are interconnected.

 

MARITIME PIRACY AS A SERIOUS INTERNATIONAL CRIME: DEFINITION AND BASIC LEGAL ASPECTS

The legal framework for addressing sea piracy consists of two levels of reaction. The first issue is to the enforcement of domestic legislation, namely the use of coastal state criminal law, inside the marine realm that falls under national jurisdiction. This encompasses the territorial sea and internal waterways. At a more profound level, there exists a corpus of international law that regulates the navigable waters outside the jurisdiction of any one state, encompassing the exclusive economic zone (EEZ) and the high seas. The international community’s main attention is obviously directed against maritime piracy in international waterways, namely the Exclusive Economic Zone (EEZ) and high seas, as these areas are extensively utilised by international commerce. A uniform international legal framework has been constructed to combat, enforce, and punish those guilty for acts of piracy in certain maritime zones. 

The concept of maritime piracy, as stated in Article 101 of the United Nations Convention on the Law of the Sea (UNCLOS 1982), is widely recognised and may be summarised as follows: Piracy encompasses various unlawful actions, as defined by Vlachos 

(a) Acts of violence, detention, or depredation committed by the crew or passengers of a private ship or aircraft for personal gain, specifically:

 (i) On the open seas, targeting another ship or aircraft, or individuals and property on board such vessels. 

(ii) In a location beyond the jurisdiction of any country, targeting a ship, aircraft, individuals, or property. 

(b) Willingly participating in the operation of a ship or aircraft, being aware that it is involved in piracy.

The concept given above may be found in Part VII of UNCLOS, which encompasses the international regulatory framework for the high seas. The same part also encompasses a set of measures aimed at preventing and suppressing piracy. The identical regulations are enforced in both the high seas and exclusive economic zone (EEZ), as outlined in Article 58 of UNCLOS (which addresses the rights and obligations of other nations inside the EEZ), as long as they do not conflict with this specific section of the Convention.

In the last ten years, maritime piracy has transformed into a contemporary and well-structured criminal enterprise that is extremely lucrative, resulting in growing expenses both directly and indirectly.

The act of piracy is universally condemned and criticised due to its violation of UNCLOS and its corresponding laws, as well as other important instruments of international law and legal philosophy. Maritime piracy, specifically, is described as a violation of international law (jure gentium), and pirates as adversaries of all humanity (hostes humani generis). According to the information provided, piracy in international waters is regarded as a global offence. It is enforced and suppressed by any warship or government vessel that is authorised to do so, regardless of its nationality. This authority is granted under the principle of universal jurisdiction, which allows for the prosecution of crimes against humanity, as stated in Article 107 of the United Nations Convention on the Law of the Sea (UNCLOS).

Since the tragic events of September 11, 2001, when terrorists attacked the World Trade Centre and the Pentagon in New York City, the subject of how institutions should deal with piracy has evolved considerably.

The current upsurge and spread of piracy is mostly happening near Somalia. The worldwide effort to improve maritime safety is being supported by this framework, which advocates for a holistic approach to maritime security. The ship is just one component of this larger plan; other players include coastal governments, ports, shipping companies, flag states, and other international bodies.

 

EVOLUTION OF PIRACY AND HUMAN RIGHTS AT THE SEA

The actions taken to combat piracy and the subsequent responses have had a significant influence on the protection of human rights, affecting both individuals accused of piracy and seafarers. The international community became aware of the potential human rights violations that pirate suspects may encounter during maritime enforcement operations and the resulting legal proceedings.  While it initially took longer for the issue of sailors’ human rights to get recognition when they are assaulted or kidnapped by pirates, the human toll of piracy has now become a significant aspect of the ongoing discussion on human rights at sea. The mass exodus of refugees and migrants, who are escaping their nations by boarding unsafe boats, together with the growing number of incidents involving enslavement and mistreatment of seafarers and fishermen, have greatly contributed to our present comprehension of human rights at sea…The recognition and protection of human rights at sea should be promptly and successfully implemented.

Various pirate models and counter-piracy strategies may have various effects on maritime human rights depending on where you are. For example, the human rights of those accused of piracy are affected differently depending on whether counter-piracy measures are regional or international. Everyone suspected of piracy has the right to a fair trial and protection from torture and arbitrary detention, but Somalis have historically faced additional injustices. To avoid legal repercussions, Somalis are often sent to nations where they have no family or friends to stand justice. Depending on domestic laws, they may face different punishments or go without family communication. 

A comparable impact on mariners’ human rights is possible. Pirates inflict psychological and bodily harm on sailors in regions prone to piracy. The South China Sea and the Caribbean are hotspots for physical violence and murder as pirates try to take over ships or steal valuable cargo. In Africa, kidnapping for ransom is common, and mariners may face long periods of captivity and other forms of abuse.

 

CHALLENGES WITH REGARDS TO HUMAN RIGHTS AT SEA

The lack of reporting and enforcement of maritime regulations is one of the most significant challenges that must be overcome in order to protect human rights when at sea. It might be challenging to effectively report and investigate abuses of human rights that take place at sea. As a consequence of this, a significant number of instances of violations of human rights do not receive sufficient attention or justice. To add insult to injury, despite the fact that the International Law of the Sea provides a legal foundation for stop-and-search operations and inspections of boats, it is not authorised to carry out maritime enforcement activities in order to prevent abuses of human rights on board. 

In order to overcome these gaps, the shipping industry, coastal governments, and flag nations need to work together to enhance labour and human rights standards aboard ships. Additionally, victims of human rights violations at sea need to be provided with a method to report violations and seek restitution.

 

CONCLUSION

Finally, the whole community faces a complex and pressing challenge with the interrelated issues of maritime piracy and human rights at sea. Piracy and other illegal operations have found a home in the marine sector, which is vital to global trade. The safety and well-being of seafarers is jeopardised, and several human rights breaches result from this. This research has thoroughly investigated all sides of the issue, shedding light on the often-overlooked psychological toll on sailors and the ways in which existing legal frameworks fail to adequately address the unique challenges faced by those who work at sea. At its core, the United Nations Convention on the Law of the Sea (UNCLOS) provides a structure for controlling and regulating maritime activities across the globe. However, the shortcomings of current legislative approaches have been highlighted by the recent surge in piracy. According to Article 101 of the United Nations Convention on the Law of the Sea, “maritime piracy” encompasses all forms of maritime crime, including kidnapping, brutality, and plunder committed by private ship or aircraft crews for financial gain. Despite these international limitations, piracy has evolved into a complex criminal enterprise with devastating effects on marine safety and human lives.

There has been an international effort to strengthen marine security in response to the growth of piracy, particularly its concentration near Somalia. Coastal governments, ports, maritime companies, flag states, and international organisations are all part of the holistic approach framework. Nevertheless, addressing the interconnectedness of piracy, international legal systems, and seafarers’ experiences is crucial for these attempts to succeed. The study’s findings provide insight on how piracy is evolving and how it affects human rights at sea. Both alleged pirates and sailors are affected by the responses to piracy incidents and the measures used to combat the crime, which in turn affects the protection of human rights. A crucial component of the ongoing conversation about human rights in marine contexts is the recognition of potential violations of human rights during the execution of law enforcement operations and judicial procedures.

Concerning human rights at sea, there are several nuances. Protecting human rights is greatly impeded by the lack of reporting and enforcement of maritime legislation. Because of the unique difficulties in effectively reporting and investigating abuses that occur in marine contexts, instances of breaches often go undetected. Despite the fact that UNCLOS provides a rationale for inspections and stop-and-search operations on boats, it does not explicitly allow enforcement actions in the maritime domain with the goal of preventing human rights breaches while at sea. The marine industry, coastal governments, and flag states must work together to address these challenges. Human rights violations aboard ships must be addressed immediately, and there must be avenues for victims to report violations and seek restitution. Shipboard labour and human rights must also be improved. The study’s results highlight the need for a comprehensive and collaborative plan to safeguard human rights at sea, with an emphasis on preventative actions to make the ocean a safer place and assure the well-being of sailors.

 

In light of the growing dangers posed by piracy, this study programmed suggests recommitting ourselves to international cooperation, legal frameworks, and preventative measures to ensure the seas’ peaceful usage and unfettered passage via waterways. The international community should priorities addressing the connection between piracy and human rights at sea in order to create a maritime environment that is safer and more secure. This will allow for the development of all-encompassing solutions to protect the rights and welfare of mariners.

 

REFERENCES 

  • This article was orginally written by United Nation published on un.org the link for the same is herein. 

https://www.un.org/ruleoflaw/thematic-areas/transnational-threats/piracy/#

  • This article was originally written by Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations published by un.org the link for the same is herein. https://www.un.org/depts/los/piracy/piracy.htm

 

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