An Australian coroner investigating the death of two crew members of a visiting coal ship has branded the vessel a " murder ship " and concluded that these two deaths were the result of " foul play ", but what happens as a result is unknown.
The MV Sage Sagittarius sails under what is called a " flag of convenience ". Her owners are Japanese but she is registered in Panama and is therefore subjected to the laws of that tiny nation. A number of small countries earn their living by allowing international shipping to sail under their flag to avoid the laws that would automatically come into force if they were registered in their home port. Because of that, crew pay is often a pittance and sometimes conditions onboard fall way below accepted international standards. The law of the sea still confers an amazing power of authority into the hands of ship's captains.
In earlier centuries - in the days of sail - ships travelled unchartered seas looking for new trade opportunities and most journeys were of many months duration. There was always the risk of pirates and most merchant ships of that time carried cannons for their own protection. Running out of food was just one of the perils and " scurvy " killed many sailors deprived of fresh fruit and vegetables. In such circumstances, the captain had the power of life and death over his crew. Mutiny was a threat punishable by the hanging of any ring leaders. The captain had the power to conduct marriages and assume the role of judge and jury in settling disputes. His power at sea was almost unlimited.
Those powers were necessary when the ship could be out of contact with land for what amounted to years, but they have never been rescinded. A ship sailing the ocean is beyond the boundaries of any country and the ocean was neutral territory. Basically, the captain was " king " of what floated beneath his feet.
Today, Flag of convenience ships are an anomaly in a world of satellite communications and interconnected trade. Selecting a port of registry is a matter for ship owners and those that choose a place of uncertain laws are free of the wage regimen and safety laws that apply in their own country. Many such ships are riddled with rust and would not meet the safety inspections required for home country registration.
The various seamen's unions rail against this practice because it undercuts the fair wages and conditions that apply in most countries. It suits some countries which otherwise lack a means of income to provide sub standard ship registration in exchange for high fees and this allows ship owners with aged and unseaworthy vessels to continue to extract profits long after the ships should have been scrapped. The losers are usually crews from poor countries who have to endure virtual " slave ship " conditions.
The odds are that this coroner's finding that murder happened on the high seas will eventually be filed away - and forgotten. Too much money changes hands for change to be contemplated !
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