D G Shipping urged to roll back circular barring crew holding certificates through fraudulent means from sailing

Time of India

3 days ago

Advt
Advt
By ,
ETInfra
Join the community of 2M+ industry professionals. Subscribe to Newsletter to get latest insights & analysis in your inbox.
Get updates on your preferred social platform Follow us for the latest news, insider access to events and more.
Pressure is building up on the Directorate General of Shipping to scrap its July 18 circular that barred Indian seafarers holding certificates issued by the maritime administration of countries that are not recognised by India from sailing on foreign flagged ships The D G Shipping circular was aimed at curbing the practice of seafarers obtaining Certificate of Competency (CoC) and Certificate of Proficiency (CoP) from foreign administrations through what it calls 'fraudulent' means.As much as 80 per cent of the Indian seafarers are employed on foreign flagged ships.The move, though, has sparked widespread criticism over fears that thousands of Indian seafarers would lose jobs.As expected, at least a couple of individuals have filed petitions in court seeking to reverse the circular issued by the maritime regulator.On Thursday, hundreds of seafarers, under the banner of the Forward Seamen's Union of India, staged a demonstration in front of the office of the Directorate General of Shipping demanding withdrawal of the circular.FSUI has opposed the new regulatory directive that mandates Indian seafarers recruited by Recruitment and Placement Services License (RPSL) agencies for working on foreign-flagged vessels to possess a valid Certificate of Competency (CoC) or Certificate of Proficiency (CoP) issued only by an Indian maritime authority, or countries with mutual recognition agreements (MRAs) with India such as Malaysia, the UAE, South Korea, Sweden, UK and Iran.Besides, Indian Seafarers holding CoC/CoP and modular course certificates issued by Singapore, Australia, New Zealand, Canada and Ireland may be accepted for recruitment if the certificates were obtained by attending training in these countries.'The circular further excludes CoCs issued by several International Maritime Organisation (IMO) white-listed countries like Panama, Liberia, Honduras, Belize, Bahamas, and Cook Islands directly threatening the employability of thousands of Indian seafarers, many of whom possess legitimately acquired certifications from these jurisdictions,' said Manoj Yadav, General Secretary, Forward Seamen's Union of India.Additionally, the mandate to verify the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers), 1978 ( STCW Convention ) certificates only from D G Shipping approved institutes has created significant barriers and fears of disqualification, even among genuinely trained professionals, Yadav said.The FSUI reckons that thousands of Indian seafarers will face career disruption, disqualification, and financial insecurity due to the circular which will increase the burden of compliance, due diligence, and legal ambiguity for RPSL agencies and shipping companies.Besides, the order would risk closure of maritime training institutes outside the D G Shipping approval list while potentially creating tensions with flag states whose certifications are now deemed non-compliant, raising diplomatic concerns.The FSUI has submitted a representation to the D G Shipping seeking roll back of the July circular as well as its 2023 order stipulating age norms for ships for saving thousands of seafarer jobs. The representation also sought protection of seafarers abandoned at foreign ports, grant access to shore leave for all seafarers visiting Indian ports and provide pension benefits to them.During a meeting with the Additional Director General of Shipping, FSUI urged the maritime administration to scrap the July circular but was told that no decision can be taken since the matter was sub judice.According to the D G Shipping, Indian seafarers have been lured by authorised as well as unauthorised RPSL agents to take up assignments on foreign flagged ships without adequate scrutiny of the fraudulent certificates issued to them.Some of the fraudulent CoC/CoP holders were found in possession of STCW course certificates issued by maritime training institutes which have not been accorded approval by the D G Shipping.'There have been Port State Control (PSC) intervention on vessels wherein engagement of seafarers with fraudulent CoCs/CoPs, and STCW course certificates have been noted with concern. As a prudent maritime administration, the Directorate General of Shipping initiated a detailed inquiry into these acts of agents and touts operating both within and outside the country,' the July 18 circular issued by the regulator said.The inquiry revealed that seafarers sailing as ratings were lured with promises of being eligible to be issued with higher-grade Certificates of Competency (CoC) and Certificate of Proficiency (CoP) from foreign administrations through fraudulent means.'Fraudulent agents have been offering 'package' of delivering course certificates issued by institutes that were not approved by the Directorate General of Shipping, and the foreign CoC/CoP without any course being conducted. The inquiry had revealed that these maritime institutes did not even exist at the stated addresses,' the D G Shipping said.Considering the serious nature of these violations, which undermine the fundamental principles and objectives of the STCW Convention and Rules framed under the Merchant Shipping Act, the Directorate has initiated necessary actions including the filing of criminal complaints, confiscation of such fraudulently obtained certificates, and informing the issuing authority with a request to initiate cancellation of certificates by them.In recent times, several Certificates of Competency (CoCs) issued by a few administrations have been confiscated by the D G Shipping, as part of the investigation and identified during Port State Control inspections.'These activities which are attributable to a few unscrupulous agents has not only caused disruption to the lives of seafarers who are facing investigation by the authorities but has the potential to cause more damages in the future if not suitably addressed at this stage,' the D G Shipping wrote in the circular.Meanwhile, the FSUI has said that the ship age norms were issued by the D G Shipping in 2023 without a comprehensive study by a competent authority.'No data was provided regarding its impact on the strategic shipping sector, EXIM trade, or the potential loss of jobs. Although the order was later sent for review, the report is still pending. We strongly submit that India, as a developing nation, cannot afford the loss of seafarers' jobs or tonnage. While amendments to enhance vessel safety, marine environments, and seafarers' welfare are welcome, they should not jeopardize thousands of livelihoods,' Yadav pointed out.The union has also asked the D G Shipping to take action for curbing the rising instances of Indian seafarers being abandoned across the world by unscrupulous shipping companies and RPSL agents. These workers are left without food, wages, legal support, or repatriation resulting in a humanitarian crisis demanding urgent resolution, it said.To be sure, the government has incorporated stringent provisions in the Merchant Shipping Bill, currently before Parliament, to deal with the abandonment of Indian seafarers at foreign ports.The FSUI also highlighted that despite international norms, Indian seafarers often face denial of shore leave upon reaching destination ports, affecting their mental well-being and violating basic human rights. It has demanded a uniform, humane policy to permit shore leave in line with international conventions.The union has also urged the government to roll out a nationwide seafarers' pension scheme recognising their service to national and global trade.Urging the Ministry of Ports, Shipping and Waterways and the D G Shipping to call a meeting of all relevant stakeholders, including trade unions, manning agents, training institutes, and maritime employers to discuss and resolve the critical issues in a time-bound manner, FSUI warned that seafarers would be compelled to consider industrial action to protect their livelihoods, dignity, and future if concrete steps are not taken within a reasonable time frame.