Ian Urbina (NYT): The Ocean Outlaw, and the responsibilities of Panama

Francisco Rivas Ríos.

apronad@gmail.com

https://www.facebook.com/apronadpanama/

In early January 2016 we received an email from Mr. Ian Urbina, New York Times reporter. The purpose of Mr. Urbina was to inform APRONAD of the existence of the blog entitled The Outlaw Ocean, indicating that "in this series on anarchy on the high seas, it reveals that crime and violence in international waters often go unpunished"

 In the Blog they are published 6 items (click on the titles to open):

1. Stowaways and Crimes Aboard Ship to Scofflaw. It states that "Few places on Earth are as free from legal oversight as the high you are. One ship has-been Among The most persistent offenders.“.
2. Murder at Sea: Captured on Video, but Killers Go Free. A video shows at least four unarmed men being gunned down in the water. Despite dozens of witnesses, the killings went unreported and remain a mystery. .
3. The Human Misery That Feeds Pets and Livestock. Men who have fled servitude on fishing boats recount beatings and worse as nets are cast for the catch that will become pet food and livestock feed..
4. A Renegade Trawler, Hunted by Vigilantes for 10,000 Miles. For 110 days and across two seas and three oceans, crews stalked a fugitive fishing ship considered the world’s most notorious poacher.
5. Tricked and Indebted on Land, Abused or Abandoned at Sea. llegal “manning agencies” trick villagers in the Philippines with false promises of high wages and send them to ships notorious for poor safety and labor records.
6. Maritime 'Repo Men': A Last Resort for Stolen Ships.Thousands of boats are stolen each year, and some are recovered using alcohol, prostitutes, witch doctors and other forms of guile.

Since then, the Panamanian ship registry has accepted vessels owned by foreign nationals and, on condition of compliance with national and international standards relating to seaworthiness, maritime safety, pollution prevention and control, manning, certification and watchkeeping people see, technical, social and fiscal rules.

The Registry has allowed Panama to become one of the most flag has ships in the world with over 8,000 registered vessels, which brings revenue of about US $ 150 million a year.

The business of feathering (record) has led in some cases to allegations of corruption. Recently denounced the "Orion case". According to reports, the training center Orion Maritime Training Center, created in 2010 exclusively granted certificates of competency (assessments) and marine officers working on ships under the Panamanian flag was learned that paid kickbacks to the Consulate of Panama in El Piraeus, Greece, a country where several of the largest shipbuilders in the world.

Moreover, what is the responsibility of the Government of Panama against the behavior of the owners of the boats? Fernando Solórzano, CEO of Merchant Shipping in the AMP says that a flag State, in this case Panama, "has no legal implications for illegal conduct of a ship belonging to the merchant navy".

He added that "a ship has obligations and, assuming that is involved in wrongdoing, it must face it... however, Flag State will not be part of (imputed) the prosecution brought against the owners or operators of a ship ".

For some internationalists and maritime lawyers, this statement is irresponsible, since in the absence of the owners of the ship, Panama will have to cope with any litigation. Mentioned that the International Tribunal for the Law of the Sea (ITLOS) reside some files in which Panama, as a State, had to take over acts performed by vessels, although they are not of Panamanian companies, champions are this country.

Research by Ian Urbina should be a call to the government and environmental organizations and human rights in Panama. Feathering implies responsibilities that cannot be circumvented.