SPECIAL REPORT
Let's Not Forget Our MaritimeHeritage
By Debra Prendergast
The three Jamaican fishermen and one Dominicandiver who were rescued off Cayman Brac during the last week inJune have since returned to their homes, and their story may havelong been forgotten but for the controversy surrounding theirtime here. They were returned to Jamaica on the night of Friday,30 June after spending one week in the custody of Police and ImmigrationAuthorities .
According to the report filed, the men came from Whitehall inWestmoreland, Jamaica, they had gone out fishing and diving forconch. Their canoe appropriately named 'Deliverance by Faith',went adrift when their single engine propeller was damaged atsea.
They were adrift at sea for 10 days, ran out of food and water- and were eventually rescued 40 miles South East of Cayman Bracby a ship named the 'John P.', registered in Cyprus, Greece. Theship's captain, Konstatious Avantipolous - a Greek national, wasenroute from Ponce de Leon, Puerto Rico to Tampico, Mexico carryingcement. The seamen and their boat were towed into Cayman Bracon the evening of Saturday, the 24th of June.
The boat's captain - Cornell Alfonso Powell - later told authoritiesthat they reached desperation and had eaten some of their cargoof conch, which begun to spoil. They dumped the remainder afterthey reached Cayman Brac. He also, told authorities that severalships passed them by and ignoring their cries for help. He alsotold them that a couple of the fishermen jumped overboard, andstarted swimming towards the passing ships in an attempt to attracttheir attention. Eventually, they removed the canopy from theboat to show the passing ships they were not carrying any drugs.
The men were kept in custody at the Cayman Brac Police stationwhere they were later interviewed by the Drug Task Force (DTF)and given clearance on Monday. Immigration then took them intocustody and transported them to Central Police station in GeorgeTown, where they remained incarcerated for four more days. Whenthe police began making inquiries, it was discovered that theJamaican authorities had earlier reported the men missing.
A similar incident occurred in February this year, when 19 Filipinosailors were shipwrecked, following a collision in which theirvessel burnt and sank. Two of their fellow sailors died. Theywere rescued by a passing ship which brought them to Grand Cayman.However, the Cayman Islands Immigration Authorities refused thementry, although the captain of the rescue ship informed them thathe was already overcrowded. He was told that the men would haveto proceed with him to Venezuela, where there was a PhilippineConsulate.
From inquiries made, it appears that this territory has no MaritimeDistress protocol in place, although the Cayman Islands ShippingRegistry (CISR), a Government Department, lists itself as theresponsible body for Maritime affairs as stated in a letter tothe editor of another newspaper. An extract from that letter writtenby the Cayman Islands Shipping Registry Director, Mr. Peter Gibbs,states:
"Regulation involves a duty to monitor, implement and administerstandards set by the Cayman Islands shipping laws and internationalmaritime conventions extended to the Cayman Islands, particularlyin the areas of maritime safety, protection of the marine environmentand the Welfare of seafarers. These regulatory requirements areapplied to Cayman registered ships world wide and to foreign shipsin Cayman Islands waters."
Mr. Sudheer Naphade, Chief surveyor for the CISR, indicated that,although he was not familiar with this particular case, in regardsto the treatment of "distressed seamen ... it is an obligationand common courtesy extended throughout the world and governedby International Maritime Regulations, for all distressed seamento be taken in and treated with dignity and respect."
However, he felt that the four fishermen in this case would nothave fallen into the category of "distressed seamen".He stated, "the vessel size would determine this." Hecontinued by saying, "these fishermen would fall under theresponsibility of the Marine Police and the Immigration Department."
The Department of Immigration was contacted by Cayman Net News,requesting a statement including a definition of its protocolin connection with this matter and what is their policy in eventif similar tragedies should occur.
In response, the Acting Chief Immigration Officer, Mr. Franz Mandersonprovide Cayman Net News with the following statement:
"On June 24, 2000 the Immigration Department was contactedand advised that three Jamaican nationals and one national ofthe Dominican Republic had been rescued at sea off Cayman Brac.Unfortunately they did not have any travel documents or any fundsto support themselves.
The owner of the vessel was contacted in Jamaica but was unableto provide any financial assistance.
The Jamaican consulate in Grand Cayman was contacted at an earlystage and asked to arrange for travel documents for these individuals.(The Dominican Republic national was resident in Jamaica and marriedto a Jamaican).
On June 27, 2000 the group was transported to Grand Cayman (atthe C.I. Government's expense) and turned over to Immigrationofficers.
Three days later, on June 30, they departed the Cayman Islandsfollowing receipt of the necessary travel documents. Their travelexpenses, including money for airport transfer in Jamaica, werearranged by the Jamaican consulate.
Between June 27 and their departure, the group was placed at theCentral police Station. The immigration Department wishes to emphasizethat at no time was any offer of assistance received to enablethem to be housed elsewhere on the Islands
The Department received no complaints from the four and they departedthe Cayman Islands in high spirits."
The Jamaican Counsel, Mr. Robbie Hamaty confirmed that severalmembers of the local Jamaican community have raised concern surroundingthis latest incident involving the shipwrecked Jamaican nationals.He indicated that he has been in contact with the relevant authoritieslocally, including the Commissioner of Police, Mr. David Thursfield,and has voiced the concerns raised by the Jamaican community.
He said that, although the local Jamaican Consular office is notfunded by the Government of Jamaica, members of the local Jamaicancommunity would have been willing to assume the cost for accommodatingthe men, including the cost of any security measures necessary,until all of their travel arrangements had been finalized, forthem to return to Jamaica.
"We fully understand that the authorities may have been actingcorrectly within the confines of the law," he added, "however,questions have been raised as to what was the reasoning behindkeeping the men incarcerated during their stay here." Thecounsel indicated that he was informed two days after the menwere rescued off the coast of Cayman Brac and he was advised thatthe men would remain in the Brac until the police had completedtheir inquiries.
"It never even crossed my mind that they were in police lockup, I naturally assumed they would have, most likely, been heldat the Aston Rutty Centre. After the men were transported to GrandCayman, Mr. Hamaty stated. "I heard from a minister of religionthat the men were being held in custody. ... but no one informedus that the men needed accommodations we would have paid for it,willingly."
Mr. Hamaty said that he first learned of the men's ordeal, whenhe was contacted by the Immigration Department and asked to makethe necessary arrangements for their return to Jamaica. The menhad no travel documents in their possession, and these had tobe arranged by the counsel. Air Jamaica provided them with thetickets for their return trip home.
The Jamaican Counsel has now been sent a bill by Government, forthe cost of 'salvaging' the boat and for the cost of transportingthe men from the Brac to Grand Cayman, since the fishermen appliedto have their boat returned to them.
Mr. Hamaty indicates he is appealing to the Cayman Islands Governmenton purely, humanitarian grounds, asking them to waive these fees,which it is understood are legal under the local laws. "Iam hoping that the Government will consider the economic situationof these men and waive the fees."
When contacted by the local press, Mr. Hamaty informed them thatthe men had written a letter in a Jamaican newspaper, expressingthat they had been treated well ... but raised the issue of havingbeen incarcerated. In this regard, he maintains that he can onlyrelate what the local authorities have told him, that, "theCayman Islands Government has no provisions, or otherwise designatedfacilities, to accommodate people in cases such as these."
There is, however, another matter for consideration. That is,what would have been the situation if it was reversed and Caymanianfishermen were stranded at sea and drifting aimlessly for days.How would we have expected the Jamaican Government to receivethem? Mr. Hamaty, responded by saying "I know exactly whatwould have happened. The Jamaican Defense Force would have rescuedthem ... and taken care of them ... and they would have been housedin proper facilities until they could be returned to their country.They would not have been incarcerated."
The issue of the incarceration of these men has certainly caughtthe attention of many - including some of Cayman's most experiencedmariners and members of the local Cayman Islands Seafarers' Association(CISA). The Maritime Writer with CISA. Mr. H. E. Ross - himselfa former mariner - has expressed his views on this matter, saying"the Cayman Islands Government needs to establish properprocedures and a protocol for dealing with cases such of these."
And he makes reference to the prior incident with the 19 Filipinosailors, as another case, which he felt was incorrectly dealtwith. He asks the question, "Is there a protocol in placeor not...? and why are people being treated in this manner whenthey end up on these shores, through no fault of their own, butrather, as a result of some tragic circumstance?"
Mr. Walsham Connolly President of CISCA, when contacted aboutthis matter, commented that he felt that owing to "the factthat the men were brought to these shores after being pluckedfrom the open seas, they should have been treated as shipwreckedsailors - instead of the policies that are in place regardingrefugees who make a landfall on Cayman's shores - even both categoriesmay not have been in possession of travel documents.
With this kind of outcry in the community, undoubtedly, it isfelt that the Government should take into consideration what iscorrect in terms of establishing proper procedure and protocolfor the future. After all, our island is in itself a ship at sea.
In the meantime, Police and Immigration Officers can only be expectedto conduct their duties according to the guidelines laid downby the governing bodies to whom they report. They can only bepurveyors of compassion if they have the designated authoritywith clearly defined proper procedures in place which will allowfor this process of humanity to function correctly.