Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A. Prostitution
something about it. This topic is of consequence because of the fact that it practically
assesses how women should be protected in instances such as their entering the
flagstates ships docked in foreign ports and to further explain their rights as well as
the duties of those individuals involved. Because she is inside the extension of the
flagstates territory, will she, as a citizen be made liable of the acts committed in
contradiction to the laws of implemented by her country or gain immunity inside the
comfort of the flagstates ships. Specific regulations are employed by the flagstates to
ensure the appropriate conduct of its crews and officers on board but these paper
would try to look at as to what extent do the regulations reflect the need to advance or
purpose of material gain. Persons prostitute themselves when they grant sexual favors
to others in exchange for money, gifts, or other payment and in so doing use their
bodies as commodities. They are mostly referred to those women engaging in sexual
sex, but throughout history the majority have been women, reflecting both the
sexuality. Although prostitution has often been characterized as the “world’s oldest
profession,” the concept of women as property, which prevailed in most cultures until
the end of the 19th century, meant that the profits of the profession most often accrued
2
We have interviewed another chief mate who travelled all over the world as a
seaman his name was Mr. Tomas Nualla, aged 54, said that he had a comrade who
was a gay seafarer and the others know it too and everytime the ship docks he finds a
way to provide himself with sexual services from male prostitutes but also he said that
this was just some of the exceptional circumstances. The port areas according to the
interviewee wherein the prostitutes goes inside the ships was in Thailand, Russia,
Hong Kong, China, Indonesia, New Zealand. He himself said that even the red guards
B. Prostitution in Thailand
By taking the context and the situation of Thailand, it shows relatively that
women are accorded a low status in the society making them vulnerable to false
pretensions of pimps and abusers adding the fact that most of them lack formal
schooling and are deprived of essential information. Women are expected to give
back all the hard work that the parents did for them and so because of their lack of
educational attainment, they have no recourse other than to find jobs that would be
easy to earn money disregarding the idea that it might be fatal and can lead them to
ravages the immune system, undermining the body’s ability to defend itself from
infection and disease and is primarily caused by the human immunodeficiency virus.2
This concept of obligation was deeply inculcated in Thai tradition making it hard for
1
Jennifer James. "Prostitution." Microsoft® Encarta® 2007 [CD]. Redmond, WA: Microsoft
Corporation, 2006.
2
John G. Bartlett "Acquired Immunodeficiency Syndrome." Microsoft Encarta 2007 [CD]. Redmond,
WA: Microsoft Corporation, 2006.
3
the women to deviate from these expectations. So because of this they learned various
family’s needs. Instead of just taking into account the occurrence of prostitution in
and so on. We became more focused on how ships, specifically those flying a
particular flag are also prone to be the areas of prostitution of women docked in
foreign ports.
The impact of prostitution to the Thai economy has resulted in billions of baht
pouring the economy making it easier for women to support their families in rural
villages and provide themselves with basic needs as well. Thai economy is dependent
upon these sex workers because they contribute a considerable amount of increase in
the country’s economy. Most of these women who are into prostitution started as a
young girl given no choice but to enter into that kind of occupation. For it was said
that many foreigners prefer young girls over those mature ones for they believe that
they are still innocent and are free of any diseases which is considered to be a myth
considered unlawful and they have provisions regarding the matter.3 Despite this
recognition of the fact that prostitution is unlawful, there is still the widespread
accordance with this idea, prostitutes have been constantly inside flagstates ships
These women who maneuver their way inside the ships are waiting at the port
area in Thailand where the ships will be docking making it an opportunity to earn
money. A secret ladder will be placed somewhere which would become the venue for
them to be able to enter the ship which should have been restricted because they are
unauthorized, nevertheless they still continue until they are inside and off to the
officer or the crews’ room. One seafarer that we interviewed, Mariano Rio, said that
some prostitutes paid the crews who saw them entering their ship so that they would
not be forwarded to the police and in turn would be able to convince this officers and
crews to avail of the services. The name of the ship where he worked as a second
mate is Oceania having Panama as the port of register. Some prostitutes seeing the
arrival and eventual preparation for docking of the ship would ride a boat and the
system, and advance the rights of women and children. The Southeast Asian Gender
Equity Program extends CIDA’s assistance for activities among Southeast Asian
agencies joined together in late 1995 to form Gender and Women Development
implementation.4
Asia. Even here in the Philippines, women were also involved in the prostitution
inside ship.5 The United Nation obligates the States to refrain from committing human
rights violations and also to take positive measures to ensure that individuals are able
to enjoy their human rights. Treaties and Conventions are human rights instruments
upon which the legal obligations of the States are articulated. The declarations and
resolutions which is a politically, binding documents that do not have the force of law
and is drafted by the United Nations but which nevertheless represents important
guidelines and procedures on State’s obligations. The main issue on this paper is,
whether who will be obliged to protect these women involving the prostitution inside
the ship docking on an international port and the undertaking of the present measures
to protect them. Majority of the seafarers that we have interviewed, from an ordinary
working seamen up to those who have obtained a higher position at the ship he was
sailing with stated that depending upon the type of the port of one’s country in which
the international ship is going to dock and one must also considered the type of the
ship, the seafarers are cruising with to make such a response towards the issue of
4
Asian Development Bank.Country Briefing Paper: Women in Thailand. Asian Development Bank:
Programs Department West and Office of Environment and Social Development, December 1998.
5
According to chief mate Joemarie Gonzales sailing a ship of MT ALDAN with a port of registry in
MALTA, women were waiting for the international to dock and they would immediately run towards
the ship once docked mainly for financial reasons.
6
prostitution inside ship is predominant. The captain of the ship is expected to follow
and implement the company and owner’s policy in the conduct the ship is expected to
follow and implement the company and owner’s policy in the conduct inside the
ship’s premises. Maritime Affairs Ministry has to work on ways to give ship crews
“preventive education” in the hope they would stop sexually patronizing women.
The role of the State is also important in the protection of women from
There was this issue on the prostitution which involved the Korean nationals and the
local women in the Pacific Island of Kiribati. In addition, prostitutes in Kiribati are
frequent client who are Koreans. In 2005, it only shows that the issue was so serious
that there was a banning of Korean ships from docking at the port of the Kiribati.
There were some women who were underage as young as fourteen years old and that
they had admitted that they were being sold to Korean men. According to the
statistics, there were about forty to fifty local women in Kiribati who were engaging
in prostitution with Korean nationals there on port calls. The increasing number of
also to the banning of the Korean ships. During a period of 2003, because the crews
consistently tried to buy sex there, the authorities of the Kiribati prevented the
Koreans from calling to port. The problem here is that, in South Korea, there exists no
criminal provision for overseas child sex tourism and prostitution. The banning
however was the decision made by the Roman Catholic Church in which it threatened
the government of Anote Tong to step down if he could not solve the prostitution
issue in the country. In the case of those States who have already legalized
limitations on how a State considered the act as really legal and how far it is to go
beyond that legalization. The examples to be given here are the States which legalized
prostitution. In Greek and Turkey, women must register and attend clinic for regular
Germany, prostitution is legal but only for European Union residents and in Denmark
wherein it is not illegal to provide sexual services so long as prostitution is not the
main source of income.6 Many countries make it clearly illegal yet widely tolerate it.
prostitution; the prohibition which is the act of accepting payment for sex and
sometimes paying for sex is illegal, the law forbids certain activities in relation to
payment for sex rather than paid sex itself and this falls under criminalization and this
is considered to be the most common legal framework for commercial sex throughout
the countries. And finally, the regulation, exception to criminal law made for those
parts of the sex industry which complies with certain conditions. However, in India
despite the many laws against the sex industry and traditional caste-bound
prostitute or to live off a prostitutes earning. The laws are not consistently enforced.
Women were involved in this situation and they are the female sellers
however, it is the seafarers themselves who actually determine the shape of each
prostitution cases. Although there are as well instances that prostitution at ship were
situations among the female prostitutes it is likely most of the prostitutes are women
and that they need a support coming from the international bodies and upon which the
______________________
6
Prostitution Education Network
8
III. Resolutions:
A. Rights of Women
Women have rights just as men also have. But because of the predominant
patriarchal societies, most women become the marginalized sectors in the society;
depriving them of their basic rights so many organizations were founded to suit the
Prostitutes can face different circumstances such as the client abuse, disease
and others and no matter we think about the morality commodified sex, we
understand that these women should not have to face such risks. This part is our
resolution to the ongoing prostitution that is happening inside a foreign ship. These
include the Convention which aims to protect the women, International Organization
and the International Law itself. The development of international mechanisms and
procedures aimed at promoting compliance with the human rights, and the access of
individuals to these international agencies, testify to the fact that the individual is
constitutive element of all human rights. The rules are to be found at both the national
and international level. This principle has undoubtedly acquired the status of a
fundamental rule of human rights law. It is widely held that the principle of non-
discrimination on the basis of sex, race and ethnic origin, it has also the status of jus
9
to the best protection provided in any applicable instrument. Next is the Convention
known as the CEDAW which defines what constitutes discrimination against women
and set-up an agenda for national action to end such discrimination. On the Art. 6 of
the CEDAW, it stated there the importance of the national legislation to protect the
women8 and the appropriate measures to eliminate discrimination against the women
in the field of employment in order to ensure the equality of men and women.9 One of
the organization that was the first specialized agency of the United Nation is the
promote a solid legal framework for respecting social rights. We have included this in
B. Duties of Flagstates
for all ships granted the right to fly its flag. However, the flagstates may conduct the
larger part of its activities through entities located in other countries. The flagstates
_______________________
7
No derogation is permitted from a jus cogens norm as laid down by Art. 53 of the Vienna Convention
projects through the close international cooperation between countries.
8
State Parties shall take all appropriate measures including legislation, to suppress all forms of traffic in
women and exploitation of prostitution of women
9
Art. (11)(f)
10
has the responsibility for the implement action and enforcement of rules adopted by
Organization. Under the UNCLOS, the duty of the flagstates is stated in the Art. (94)
(1) in which every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag. That is why if
the seafarers were caught having a prostitute inside the ship, he will be directly liable
to the company of the ship he is flying since the flagstates has the responsibility over
the seafarers. Under the Art. 94 (2)(b) of the UNCLOS, every State shall, assume
jurisdiction under its internal law over each ship flying its flag and its master, officers
and crew in respect of administrative, technical and social matters concerning the
ship. All flagstates should endeavour to ratify the principal maritime treaties such as
those being adopted by the International Maritime Organization and the International
some valid explanations if they were not bale to ratify any treaties and in practice
should be expected to implement and enforce national regulations that comply with
the vast majority of the detailed requirements specified within these international
implies that whatever actions the crews, master and officers commit, they are held
Flagstate Performance.:2008)
The very nature of life at sea, with men and ships always vulnerable to the
elements, requires that proper discipline be maintained on the vessel. Under the
general maritime law and by the statute disciplining seamen, under certain
Under General Maritime Law, there must be a case of high and aggravated neglect or
disobedience, importing the most serious mischief, peril or wrong; a case calling for
exemplary punishment, a case involving a very gross breach of the stipulated contract
for hire.
In consideration of the nature of a seaman’s life, with its long periods of close
confinement to the ship and her personnel, and the absence of usual amenities of life
on the shore, the maritime law has adopted a mild and liberal view toward the
mariner’s conduct while in the service of the ship. It punishes gross and obstinate
There are rules of behaviour wherein the crews agree to conduct themselves in
an orderly, faithful, honest and sober manner, to be diligent in their duties and be
Ultimately, safety rests very largely with the crews of ships rather that with the
ships themselves. For this reason IMO has attached the utmost importance to the
Watchkeeping for Seafarers. The Convention entered into force in April 1984.
minimum standards for crews. It is not intended as a model on which all States must
necessarily base their crew requirements, for in many countries the requirements are
actually higher than those laid down in the Convention. Rather the Convention is
12
necessary, while at the same time providing developing countries in the process of
standards.
workshops and other events which are designed to assist in the implementation of
IMO measures. Some are held at IMO headquarters or in developed countries, others
Certain rules are employed by the hiring companies involving the conduct of
the seafarers for which would become the basis for their own manner of behaviour.
seafarers and shipowner’s general provisions is to regulate the employment and those
flag of Bulgaria and the shipowner. This involves the conditions for hiring and
signing of an employment contract, hours of work, hours of rest, paid annual leaves,
repatriation, social and cultural conditions on board and shipowner’s liability in cases
of disease or accident affecting the seafarers and those obligations as stated in the
regulation.
There are many provisions which were inside the scope of the regulations and
overtime and night work, paid annual leave and it also was stated the obligations of
seafarers. Section three of the said regulation on Article 80, stated that, “The seafarers
13
shall not perform onboard ship an activity they do not have the necessary qualification
Seafarers are bounded to do their duties on board ship and nothing more than
doing things contrary to the contract they signed. Before making themselves available
in working to the said vessel, they were able to read the agreements and so there is no
(ISPS Code)
for the Safety of Life at Sea and requires that ships, companies and port facilities to
comply with the requirements. The code embodies a series of functions and these
includes but are not limited to gathering and assessing information with respect to
preventing unauthorized access, port facilities and their restricted areas. According to
the part of the International Code for the Security of Ships and Port Facilities which
contains mandatory provisions specifically on the ship security and this is to take
preventive measures against security incidents such as ensuring the performance of all
ship security duties, controlling access to the ship, controlling the embarkation of
persons and their effects, monitoring restricted areas to ensure that only authorized
persons have access, monitoring of deck areas and areas surrounding the ship and
these activities shall be carried out through appropriate measures being taken.
enhance the ability of sovereign nations to detect or deter security threats within an
international framework. Fourth, to establish clear and identifiable roles for doing so.
Lastly, to provide a platform for the collection and exchange of security intelligence.
(ISPS: 2007, p. 2)
Because of this code, it was said to be the reason why there is the inability of
the prostitutes to enter ships because of the restricted areas of ships and inaccessibility
of the ship to unauthorized people because of the fear of terroristic activities that
might happen. It really helps to improve security and better protect people and cargo,
as well ports and international shipping against terrorism. Because of this code,
women is protected from uncertain circumstances that might happen such as torture or
cruelty from the ship crews, officer or the captain of the ship.
International law has recognized that port states may affirmatively take
recognized maritime standards for ship operations and other environmental rules. It is
also generally recognized in international law that a ship voluntarily entering a foreign
Under international law the flag State is primarily responsible for ensuring
Convention reaffirms this fundamental principle, but also makes clear that flag states
Article 217 of the 1982 UN Convention sets out an obligation on flag States to
15
where the violation occurs. These requirements were incorporated in IMO Resolution
Guidelines to Assist Flag States in the Implementation of IMO Instruments (A. 847
[20]).
between the vessel and the flag State. Although the "genuine link" is not expressly
defined in the 1982 UN Convention, other Articles, especially Article 217, implicitly
point to the requirement for at least an "economic link". This indicates that there
should exist within the flag State a substantial entity which can be made responsible
for actions of the vessel and on which penalties of adequate severity can be levied so
IV. Constraints:
provisions for the flagstates duties in terms of the social matters involving the ship
and its crews, officers it did not specify the fact that in the provisions, women’s rights
were being advanced or promoted. It was not precise in really identifying how women
There is the laxity of implementing the rules and procedures given by the IMO
and other treaties that the ship had ratified with. This is mainly the reason why
prostitution is still continuously happening within the international ship because of the
16
lack of disciplined among the sailors. In our interviews to the seafarers, if they were
caught they would have the quick response to the captain that the prostitutes that they
brought inside was a friend of them so the captain would just leave them behind
without any words and at times they would be only required to give a fine which was
not specified if how much that is and received a warning and that he will be expected
not to do the certain acts again. At present, there is no international agency that
support for regional projects on AIDS health promotion for seafarers and no
information network and resource center on information packages and that AIDS has
not been mainstreamed in the training of the seafarers and it is never a part of the
curriculum in maritime scholar. Finally, within the United Nations bodies, not a single
cent has been directed to purely seafarer’s intervention. The continuance of the
actions of hiring the prostitutes inside the ship was said to be the norms on-board to
help ease the emotional affection of the seamen being away from their family. And
some of the officers tolerate the action and it was visibly clear that there was a part of
the ship like a room being used if they have a prostitute with them. And hiring a
prostitute per se is not a criminal offense and that there is no such policy to regulate
Conclusion
institutions, states and other personalities and even if there are organizations which
promote or advance the rights of women, still it is not enough to foster rigid
enactment universally. The domestic laws of the countries, even with the intent to jail
those who exploit these women, the women themselves are not even willing to reveal
the informations about the member of their families. Certain obligations of crews and
17
ships, flagstates, port states does not directly involve the consideration of women’s
welfare. They are vague and does not give precise steps as to the way women should
be treated and it was just assumed out of those provisions. The Conventions and other
international organizations can be used to regulate the prostitution inside the ship
References:
Baculna, Jennibeth and Sherry Ann Bayona. Interview with Joemarie Gonzales,
February 24, 2008.