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Discrimination Against Seafarers Post 11Th September 2001 (United States) and Post 7Th July 2005 (United Kingdom)

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Discrimination Against Seafarers Post 11Th September 2001 (United States) and Post 7Th July 2005 (United Kingdom) Discrimination against Seafarers Post 11th September 2001 (United States) and Post 7th July 2005 (United Kingdom) Roland Cofie Robertson A Thesis submitted in partial fulfilment of the requirements of Master of Philosophy of the Nottingham Trent University and Southampton Solent University June 2015 Abstract The significance of this study derives from the fact that the United States, with the support of the United Kingdom approached the IMO with new domestic legislation for the US maritime industry. This legislation, the MTSA, was to be introduced to regulate the maritime industry for fear that if the aviation industry has been compromised for acts of terror to be committed (11th September), it must be assumed that the maritime sector may be used by terrorists for the same ends It is an established fact that shipping is the oldest transport industry, in existence long before the invention of aircraft. The modern maritime sector is the most highly regulated industry by the IMO and ILO, and has, to date, not been compromised by terrorists to launch an attack on any sovereign State. The thesis addresses the violation of seafarer’s human rights in post- 11th September 2001 (USA), and post-7th July 2005 (UK). The research identifies the problems that affect seafarers’ rights, welfare and well-being which are embedded in the US Homeland Security Act, Patriot Act, and UK Home Office Anti-terrorism Act respectively. The most influential Resolution which gave the US and the UK the all clear to override international law is the United Nation’s Security Council Resolution (UNSCR) 1373. UNSCR 1373 is a mandatory order with no time limit, and it is not confined to a particular conflict but rather aimed at an undefined, yet expected, threat of global terrorism. The US and the UK declared seafarers potential terrorists in the immediate aftermath of 9/11. However, the importance of maintaining strong respect for human rights while ensuring national security was missing in the content of the UNSCR 1373 after 9/11. The UNSCR 1373 paved the way for the US to introduce their domestic legislation, MTSA, to the IMO which overrides seafarers’ Treaties, Conventions, State sovereignty and freedom of movement. The thesis investigated the denial of seafarers’ shore leave to seek welfare support as the central focus of the research to determine if a powerful State can override other sovereign States’ domestic law without considering the effect it will have on the rights of people. The US and the UK are sovereign States where terrorists used aviation and terrestrial transport objects to attack their infrastructures and kill civilians. However, both transport sectors have no common grounds with the maritime transport sector and yet seafarers are the group being victimised for the failings of the aviation and terrestrial transport industries. The author identified the security Code which saw seafarers being declared as potential terrorists by the US and the UK. It has to be understood that there must be a proper balance struck between the needs of maritime security, and the protection of seafarers’ rights to maintain the safety and operations of the ship. The research demonstrated how the domestic legislations contained within the MTSA 2002, the HSA 2002 and the UKBA (Home Office) conflict with the ILO’s Convention No.185 post- 11th September 2001 and 7th July 2005, hence delaying the ratification of the latter by the US and the UK. ii DECLARATIONS I certify that this work has not been accepted in substance for any degree, and is not currently being submitted for any degree other than that of MPhil being studied at the Nottingham Trent University and Southampton Solent University. I also declare that this work is the result of my own investigations except where otherwise identified by references and that I have not plagiarised another’s work. Signature: ……………………………………………………. Date: ……………………………………………………………… iii DEDICATIONS This thesis is dedicated to International Seafarers around the globe. iv ACKNOWLEDGEMENTS I would like to express my deepest appreciation to Almighty GOD who has given me the strength and the ability to progress and complete this thesis. I wish to express my sincere gratitude to the Nottingham Trent University and Southampton Solent University for giving me the opportunity to undertake the research that culminated in this thesis. Many thanks to my Wife Geeta, my Daughters Rachel & Christelle and my Son Joel for their immense support. Thanks to my father, Master Mariner Captain Elijah COFIE for his advice in life on what is relevant to a man, to acquire knowledge that is transferable for the common good of all humanity. Thanks to my mother Josephine Apprey for her prayers and, my mother-in-law Nelly PORTER for her support. I would take this opportunity to acknowledge my late stepmother Mrs Doris Korkor COFIE for her advice on life’s challenges. My deepest gratitude and appreciation goes to my Director of Studies Professor Patricia PARK for her supervision during the research and writing up of the thesis. My thanks also extended to my second supervisor Mr Philip JONES, Senior Law Lecturer of Southampton Solent University. I would like to express my gratitude to Professor Mike BARNETT for his support during my MSc. and MPhil studies. Thanks to Professor David WATKINS and Professor Jenny ANDERSON (Faculty Dean) for their support, even though they were not members of the supervisory team. Also to the Law Research Librarian, Ms Hannah YOUNG of Mountbatten Library, Southampton Solent University for her huge support in tracking down materials for the research. I would like to acknowledge former MPhil/PhD Research Administrator Ms. Sophie N’JAI and the Southampton Solent University ASQS support staff. v LIST OF ABBREVIATIONS ABA : American Bar Association ACLU : American Civil Liberties Union BIMCO : Baltic and International Maritime Council BTP : British Transport Police BW : Bulk Wheat CBP : Customs and Border Protection CCT : Chemical Carriers CEDWA : Convention on the Elimination of All Forms of Discrimination against Women CIA : Central Intelligence Agency CO : Crude Oil COPT : Captain of the Port COT : Crude Oil Tankers CFIMT : Convention on Facilitation of International Maritime Traffic CGJAG : Coast Guard Judge Advocate General CPRW : Convention on the Political Rights of Women CPPCG : Convention on the Prevention and Punishment of the Crime of Genocide CSSTS : Convention to Suppress the Slave Trade and Slavery DHS : Department of Homeland Security DI : Drug Interdiction DR : Defence Readiness DT : Department of the Treasury ECHR : European Courts of Human Rights ECO : Entry Clearance Officer EEZ : Exclusive Economic Zone EMSA : European Maritime Safety Agency ESTA : Electronic System for Travel Authorisation EU : European Union EUHRC : European Union Human Rights Convention vi FBI : Federal Bureau of Investigation FP : Federal Prosecutors FS : Flag State HSA : Homeland Security Act JTTF : Joint Terrorism Task Forces IACHR : Inter-American Convention on Human Rights ICCPR : International Covenant on Civil and Political Rights ICCIMB : Commercial Crime of International Maritime Bureau ICEFRD : International Convention on the Elimination of All Forms of Racial Discrimination ICESCR : International Covenant on Economic, Social and Cultural Rights ICS : International Chamber of Shipping ILC : International Labour Conference IMEC : International Maritime Employers' Committee ICAO : International Civil Aviation Organisation ITF : International Transport-Workers Federation IHR : International Human Rights ITI : International-To-International ITLOS : International Tribunal for the Law of the Seas ILO : International Labour Organisation IMO : International Maritime Organisation IO : Iron Ore PMU : Paris Memorandum of Understanding IRA : Irish Republican Army IRTPA : Intelligence Reform and Terrorism Prevention Act ISF : International Shipping Federation ISM : International Safety Management ISPS Code : International Ship and Port Facility Security Code LE : Law Enforcement LNG : Liquefied Natural Gas LPG : Liquefied Petroleum Gas MA : Maritime Administration MARPOL : Marine Pollution vii MCA : Maritime and Coastguard Agency MEBA : Marine Engineers Beneficial Association MDP : Ministry of Defence Police MI : Migrant Interdiction MSC : Maritime Safety Committee MLC : Maritime Labour Convention MTS : Maritime Transport Security MTSA : Maritime Transport Security Act NATO : North Atlantic Treaty Organisation NDAA : National Defence Authorisation Act NGO : Non-Governmental Organisation NHSA : National Homeland Security Agency NSS : National Security Strategy NUT : National Union of Teachers OECD : Organisation for Economic Co-Operation and Development OFAC : Office of Foreign Assets Control OPA : Oil Pollution Act PA : Port Authority PCMA : Port and Coastal Management Agency PEO : President’s Executive Order PSC : Port State Control PWCS : Ports, Waterways and Coastal Security SDN : Specially Designated Nationals SIDC : Seafarers Identity Card SOLAS : Safety of Lives at Sea SRI : Seafarers Rights International STNG : Somalia Transitional National Government STCW : Standards of Training, Certification and Watch-Keeping SUA : Supressing of Unlawful Act of Violence against the Safety of Maritime Navigation TCA : Technical and Conforming Amendments TDBMIN : Trade Department's Bureau of Marine Inspection and Navigation TSA : Transport Security Administration viii TT : Twin Towers TWIC : Transport Worker Identity Card TWOV : Transit without Visa UAE :
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