Syllabus: GS2/International Relations, GS3/Security
Context
- India recently lodged a strong protest with the United States after U.S. naval strikes on merchant vessels in the Persian Gulf resulted in the deaths of three Indian seafarers.
Indian Seafarers in Global Shipping
- India’s Global Maritime Workforce: India is one of the world’s largest suppliers of maritime manpower. Approximately 3.5 lakh Indian seafarers serve on merchant vessels across the world.
- More than half are actively employed, largely on foreign-flagged ships.
- Nearly one in every six seafarers on large merchant vessels globally is Indian.
- Around 23,000 Indian seafarers are estimated to be working in the Gulf region, with the United Arab Emirates accounting for a major share.
- Strategic Importance: Indian seafarers play a crucial role in maintaining global supply chains. They contribute significantly to India’s remittance inflows.
- Their presence is particularly important in oil and gas transportation, which directly affects India’s energy security.
Does international maritime law adequately protect civilian crews?
- The nodal agency for regulating global shipping is the IMO, a United Nations agency.
- Though the IMO has the means to regulate the technical, commercial, environmental and safety aspects of global shipping through consensus and rulemaking, it has often fallen short in protecting ships and seafarers.
- The law governing the oceans is the United Nations Convention on the Law of the Sea (UNCLOS). Its acts and mandates are extensive and are an outcome of decades of negotiations and consensus-building.
- UNCLOS is thorough and considers various situations, including transits across straits such as the Hormuz. The U.S. refused to sign it on the grounds that UNCLOS considers the deep seabed as the commons. Iran has signed the convention but has not ratified it.
Foreign Flags of Convenience (FOC) and India’s Constraints
- A Flag of Convenience (FOC) refers to a practice where a ship is registered in a country different from the country where its actual owner is based.
- Under this system, a vessel flies the flag of the country in which it is registered to benefit from lower taxes and registration fees, thereby reducing operating costs.
- Countries such as Panama, Liberia, and the Marshall Islands are among the most popular Flag of Convenience registries.
- Under international maritime law, the flag state bears the primary responsibility for the vessel’s regulation, safety, and protection.
- This limits India’s ability to directly intervene during maritime disputes, attacks, detentions, or other emergencies involving such vessels.
- India often has to rely on diplomatic engagement, consular support, and cooperation with the flag state to safeguard the interests of Indian seafarers.
India’s Efforts to Protect Seafarers
- Operation Sankalp: India launched Operation Sankalp to safeguard merchant shipping in the Gulf region. It key features are;
- Maritime surveillance and deployment of Indian Navy warships.
- Assistance to vessels threatened by attacks along with escort and protection missions.
- Anti-Piracy Operations: India has successfully rescued hijacked vessels, neutralized piracy threats off the Somali coast and protected merchant shipping from Houthi attacks in the Red Sea region.
Source: TH
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