Time to fix flags of convenience

Nautilus head of international relations Danny McGowan says that governments must enforce and review UN conventions to control flags of convenience and therefore combat the global 'shadow fleet'

Many of our members will be familiar with the NATO report that we produced alongside one of our partners in the Nautilus Federation, the International Organization of Masters, Mates and Pilots (MM&P). 

Since its publication I have shared it with multiple external agencies, including sending it to the maritime representations of all NATO member states' embassies in London and discussing its content at European Commission meetings. Our report has also been quoted as an important consideration in the International Transport Workers' Federation (ITF) report on Domestic Maritime Policies, which focuses on national security. 

Whilst the entire report is growing in relevance – in the context of a changing world order and the need for secure civilian and military supply chains – our recommendations for the UN Convention on the Law of the Sea (UNCLOS) and the UN Convention on Conditions for Registration of Ships 1986 have become even more urgent in the context of the so-called 'shadow fleet'. 

UNCLOS Article 91, which requires a genuine link between a vessel and its flag state, urgently needs to be reaffirmed and enforced. Likewise, a common-sense definition of what a 'genuine link' actually means must be established, as there is no official interpretation of this. 

Article 94 of the same convention, relating to the duties of a flag state, also needs to reaffirmed and enforced in an attempt to make shadow fleet operations more difficult. 

Surprisingly – or perhaps unsurprisingly given the prevalence of flags of convenience – the UN Convention on Conditions for Registration of Ships has not been widely ratified. A review of this convention could aid wider ratification in efforts against shadow fleet operations. 

We have seen increased action against individual vessels in recent months, most notably for Nautilus members with the interdiction of the vessel Marinera (ex-Bella 1) by the US Coastguard supported by the Royal Fleet Auxiliary.  

Merchant seafarers working onboard such vessels must receive fair treatment in all cases, but isolated actions against shadow fleet vessels will not change a system that urgently needs to be changed for the benefit of all. National governments need to act to review these UN conventions, and Nautilus is ready to support them.