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[The Dieselduck]

This came across the "wire" yesterday. Makes my skin crawl a bit. I always thought that we should be considered innocent until proven guilty as a principle, but at least we should all be able to have legal counsel in times of inquiry. Seems the US government takes another step towards a dark and dangerous direction. I wish the American people would speak up against this corruption of values.

I know sailor have a long history of being considered criminals but whats next, should we have a debate as to whether or not the C/E should be "water boarded" over the suspicion that a "magic pipe" exist on the ship. Well at least he would most likely be repatriated closer to his home.

Martin

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US threat to cut seafarers’ legal rights
Amendment to Solas convention could be delayed
Neville Smith, 28 February 2008 Lloyds List

THE amendment of Solas to make it mandatory for a flag state to investigate a casualty could be delayed by US insistence that the right of seafarers to legal advice is removed from the text.

The new code, due to be adopted in May and come into force next year, aims to improve casualty reporting processes and increase the flow of information to IMO that can be used as the basis for training and future casualty prevention.

But the International Maritime Organization’s Brice Martin-Castex warned that the improvements that would flow from adoption could be delayed or derailed by “a small problem”.

“This issue is bound to generate debate at the Maritime Safety Committee,” Mr Martin-Castex said.

Chapter 12 of the amendment provides seafarers with a number of protections, including return to their ship or country at the earliest opportunity and that their “human rights shall at all times be upheld”.

The chapter also states that “a seafarer from whom evidence is sought shall be informed and allowed access to legal advice” with the intention that they are protected from self-incrimination, granted the right to silence and that their evidence is not used against them.

Lloyd’s List understands that opposition is primarily from the US, which objects to the provisions due to its security agenda.

IMO’s intention to afford seafarers legal protection was warmly received and Mr Martin-Castex indicated that it was clearly desired by the majority of member states. “This is something they want to see happen.”

The adoption of the code would mark a huge improvement in IMO’s casualty analysis procedures, increasing the number of reports it receives in recognised languages and feeding into future regulations, he said.

Technical investigations and issues of liability should remain separate in casualty reporting and that findings should be made available as soon as possible after an incident, he said. “Investigations serve two purposes: to find out what happened and why in order to avoid a repeat and for issues of liability, but the two should not be mixed.”

He said the decision by the Marine Accident Investigators’ International Forum to seek observer status at IMO should assist in the former process. MAIIF secretary David Squire confirmed that the process should be complete by June this year with its formal accession by 2009.

[TxMarEng]

Problems with the USCG in magic pipe cases is they are a bit over zealous in their tactics. Some untrained 3rd class petty officer storms aboard the ship with a 9mm on his hip and takes the Chief and engineers to task. The Commandant of the CG has promised a kinder and gentler staff exhibiting a bit more repsect towards seaman not to mention officers both deck and engine. Things will never be settled until they take the CG out of the loop entirely in matters of marine inspection and licensing.

[BilgeRat1]

TxMarEng said, "Things will never be settled until they take the CG out of the loop entirely in matters of marine inspection and licensing."

Couldn't agree more. I understand that the USCG received a congressional dressing down in January for "overzealous boarding tactics". A friend who is now in the office said that MSO Memphis boarded his old boat and rounded up the whole crew at gunpoint, waking the captain in his bunk at 1400 by tapping him on the forehead with the barrel of a shotgun. They held the crew this way until the armed children running the boarding party (the boarding had been for a "walk-through inspection!) determined that the boat and crew weren't tools of terrorism, and departed.

Ever since that dreaded date (9/11), USCG's interest is in security. The time has come to take licensing and inspection away and put it under the Dept. of Transportation.
Tom

[TxMarEng]

Looks like there is some hope after all. Was looking on USAJOBS today and saw where the USCG has numerous opening for civilian Marine Inspectors which is a step in the right direction. I had the opportunity about 20 years ago when they first tried this idea but then they weren't paying anything. Offered me a GS-9 slot in NYC which paid about 35k at the time. Now these spots are offering anywhere from 45K to over 100k a year so they would be good slots for a 1st or Chief wanting to come ashore. Pay is negotiable based on license and experience. Don't know if the civilian MI's will have to carry a 9mm though :lol: Remember though for these slots I would imagine you have to have US citizenship or perhaps Green Card at minimum but I would imagine they are looking for USCG licensed deck and engine officers for these slots. A good weekend to all and remember "Keep the lights burning while on watch and don't try to dazzle the Chief with any fancy footwork"[/i][/b]

[JK]

Criminalization of the seafarer.
I remember posting about this on the old forum when the topic of fingerprinting seaman came over the wire. I was pooh-poohed then.

[JK]

Here is a snippet from the publication SAFETY AT SEA INTERNATIONAL which goes to show how the US Coastguard protects its own

U.S.Coast Guard calls Rush verdict fair

26 Aug 2008 THE US Coast Guard insists it got no special treatment in a prosecution for bypassing an oily water separator. THE US Coast Guard insists it got no special treatment in a prosecution for bypassing an oily water separator.

Fairplay asked why neither former chief warrant officer David Williams nor the service were charged with an Act to Prevent Pollution from Ships (APPS) violation, even though bilge pollutants had been dumped inside US waters from the cutter Rush in 2006.

Also, the service was asked why no ‘higher-ups’ were prosecuted and whether Williams’s sentence of 200 hours of community service was ‘light’, given that some commercial seafarers are imprisoned for such offenses.

The Coast Guard responded it was “satisfied that the decision as to who to prosecute was based upon a very careful assessment of who among the Rush’s crew should be held responsible.

“The commanding officer at the time of the discharges reached the end of his tour and was relieved of command in the normal course of events,” it pointed out.

Williams “was immediately re-assigned and allowed to retire”, stressed the Coast Guard, which also said Williams’s sentence “was not out of proportion with what commercial seafarers have received for similar or even more egregious conduct”.

[TxMarEng]

Of course they let them off with nothing. The USCG is much like the police, the blue wall of silence. To allow someone to retire with benefits for life after an offense like that is just not right. "Do as I say, not as I do" is their policy.