KOSDER convenes experts to discuss increasing attacks on Turkish vessels in the Black Sea and develop a comprehensive action plan.
The rising ship attacks in the Black Sea and the increasing risks to the safety of Turkish-owned vessels have prompted KOSDER to take action. The Board of Directors held an online consultation meeting with the participation of experts and industry representatives.
The meeting was moderated by KOSDER Board Member Murat Hılkın, and guests included former Maritime Undersecretary Suat Hayri Aka, CEO of TÜRK P&I Insurance Ufuk Teker, and lawyers Selçuk Sencer Esenyel and Hakan Tüfekçi. The meeting comprehensively evaluated the increasing security risks in the Black Sea, attacks on Turkish-owned vessels, and the legal and insurance dimensions of seafarers' rights.
The report resulting from the meeting is as follows:
Developments in the Russia-Ukraine war and the recent increase in attacks on commercial vessels in the Black Sea have made it imperative to conduct an urgent assessment and develop an action plan through collective intelligence. It must be emphasized from the outset that these attacks target not only the ships, cargo, or trade but directly aim at human lives. The coastal vessels, which are the lifeblood of regional trade, and especially the Turkish coastal fleet, which plays a significant role in this trade, are facing serious attacks. Neutral civilian commercial vessels, which have immunity under international law, are being struck by drones, missiles, and various munitions; even the living quarters of seafarers are being targeted. These actions, which directly threaten human life and lead to the loss and injury of seafarers, have transformed the issue from merely a commercial problem for shipowners.
The common thought that emerged during the meeting was that personal safety comes first, but the complete halt of trade would also have serious economic and strategic consequences for Turkey.
For this reason, it was evaluated that the solution should not be reduced to the question of whether 'ships should go to the region or not'; all topics from personal safety to insurance, law to diplomacy, freight rates to state support should be addressed together. The online consultation meeting, conducted with contributions from KOSDER members, was organized to develop an urgent action plan in response to the problems arising from recent developments in the Black Sea. It was decided that the evaluations, suggestions, and calls that emerged during the meeting would be shared with the public and relevant parties.
1. LEGAL AND INSURANCE ASPECTS FOR PERSONAL SAFETY
The direct targeting of commercial vessels in the Black Sea by armed conflicts was the decisive topic of the meeting. The attacks on ships and the loss of seafarers' lives have reached a point where they can no longer be considered a normal commercial risk from the sector's perspective.
While the complete cessation of trade was discussed, there was a consensus that this stance was unrealistic. A common approach was adopted that commercial activities should not take precedence over human life. Therefore, it was assessed that the priority should be to create a safer and more controlled maritime traffic in risky areas.
Due to personal safety, the legal and insurance aspects of the attacks also gain separate importance. There are significant uncertainties and challenges regarding the identification of the party carrying out the attack and which legal mechanism will be activated. Due to issues such as state immunity and jurisdiction, the direct compensation route is not always a viable option; thus, it was emphasized that each incident must be transformed into a comprehensive legal file supported by strong evidence and covering damages. Additionally, it was decided to create a list of vessels and businesses that have been subjected to such attacks and incidents among KOSDER members; data regarding these incidents will be systematically recorded in the prepared report.
Similarly, war risk insurances must be carefully managed before voyages. The scopes of P&I, hull and machinery, and war insurances should be checked; necessary notifications must be made in a timely manner for voyages to risky areas, and the conditions under which the coverages are valid must be clearly stated.
The essential elements of the urgent action plan that must be established without delay under this heading are as follows:
- Measures focusing on the safety of seafarers should be taken.
- Attacks, damages, and loss of life should be systematically recorded, and legal and insurance files should be created.
- War insurance and other coverages should be checked before voyages.
- International initiatives should be increased regarding safe and controlled maritime traffic for commercial vessels. If necessary, efforts should be made for secure route alternatives similar to the grain corridor.
2. PERSPECTIVE ON THE ROLE AND CONDITIONS OF SEAFARERS
When it comes to war risk, the first and indispensable priority is human life, which was particularly emphasized during the meeting. The loss of life and the safety of seafarers come before the ship, cargo, freight, and any commercial concerns.
The dispatch of seafarers to high-risk areas creates new problems regarding the captain's decisions, the crew's concerns about the voyage, and the responsibilities of the shipowner and DPA. Therefore, when making decisions regarding safety, seafarers should also be a part of the process, and the potential legal consequences should be predetermined.
The fundamental approach here should not be to seek a balance between the continuity of commercial activity and human life; rather, it should be to establish a safe working and voyage order that prioritizes human life under all circumstances.
- The authority and responsibilities of the captain and crew regarding safety issues should be clarified.
- The rights of personnel should be protected in cases of withdrawal from the voyage or non-participation in the voyage.
- It was evaluated that there is a need to develop common practices and procedures among the shipowner, seafarers, and relevant public institutions.
3. STATE, DIPLOMACY, AND SECTORAL SOLIDARITY
One of the important conclusions of the meeting was the identification that the problems faced have now exceeded the capacity of individual shipowners to resolve.
Due to Turkey's position in the Black Sea, the importance of trade in the region, and the rights arising from the Montreux Convention, it was stated that the state needs to be more actively involved in the process. The Ministry of Transport and Infrastructure, the Ministry of Foreign Affairs, and the Ministry of Trade should coordinate their actions to ensure that the issue remains continuously and strongly on the agenda of international platforms, especially the IMO.
Sectoral solidarity and joint representation are also fundamental conditions for this process. Under the leadership of the İMEAK Chamber of Shipping, KOSDER, the Turkish Shipowners' Association, and all other civil society organizations in the maritime sector should be included in the process. The aim is not for institutions to act alone, but to raise our voice more loudly, to present the damages and the sector's demands within a common framework, and to develop the most appropriate solution strategy together.
The proposals put forward at this point are as follows:
Our ships, which are the carriers of our sector that unites differences in language, religion, color, and nationality, and our seafarers who give life to them, should be accepted as part of neutral and peaceful operations by all regional countries in accordance with the nature of the work, and their safety should be guaranteed in every aspect with internationally binding provisions along the route.
Efforts should be made at the administrative level to extend the privileges granted to Turkish-flagged vessels to Turkish-owned ships and businesses as well. Otherwise, measures should be taken to prevent the risk of serious tonnage losses occurring in the near future; this valuable potential emerging from these lands should not be wasted.
A continuously working coordination mechanism should be established between public institutions and sectoral organizations.
A systematic archive should be created for attacks, damages, loss of life, and economic losses.
A joint and strong initiative should be carried out on the IMO and other international platforms.
Diplomatic efforts should be increased to ensure safe and controlled maritime traffic.
The real need is not for institutions to act separately, but for all stakeholders in the sector and relevant public institutions to act within the same framework, towards the same goal, and with a common strategy.
4. FREIGHT RATES, COASTAL FLEET, AND ECONOMIC SUSTAINABILITY
Avoiding sending vessels to the region due to security risks; on the other hand, the necessity of continuing to transport not only grain but also energy products, raw materials, fertilizers, feed, and other essential commercial cargoes creates a serious contradiction that complicates stability in the freight market.
It was emphasized during the meeting that the drop in freight rates to levels that cannot even cover the operating costs of ships, i.e., the running cost, is unsustainable from the sector's perspective. While the security risk and economic damage grow simultaneously from the shipowner's perspective, these developments also strengthen the long-term survival of the Turkish coastal fleet, which has been established through difficult struggles and sacrifices.
The risk here is not limited to the losses of maritime companies. The prolonged absence of the Turkish coastal fleet poses a risk that will directly affect Turkey's imports and exports, agriculture and livestock sectors, feed and fertilizer supply, and the overall logistics chain.
Therefore, mechanisms that will ensure the economic survival of the sector need to be considered immediately. Since some ships may need to be temporarily laid up if the crisis prolongs, it is also important to identify safe laid-up areas and associated financial support models in advance.
- Evaluation of economic measures aimed at protecting the Turkish coastal fleet.
- Establishment of mechanisms to ensure that freight rates remain at sustainable levels.
- Preparation of laid-up and financial support models that can be implemented if the crisis prolongs.
The fundamental issue should be to ensure the survival of the Turkish maritime fleet after the crisis, beyond merely sustaining today's ship operations.
5. GENERAL EVALUATION
When the views that emerged during the meeting are evaluated as a whole, it is clearly evident that the war risk in the Black Sea should no longer be seen merely as 'a problem faced by shipowners.'
At stake here are human life, maritime safety, law, insurance, trade, freight, logistics, the environment, and Turkey's economic security.
Therefore, it will not be sufficient to expect a solution from a single institution. All stakeholders in the sector should be included in the process; a common strategy and action plan should be determined in collaboration with relevant state institutions, professional organizations, and civil society organizations to create the most appropriate solution. Turkey should also take on a stronger and more effective role on international platforms.
As a priority:
- Personal safety must be protected, and international initiatives for safe maritime traffic should be increased.
- The sustainability of global trade and logistics chains; the uninterrupted transport of energy, raw materials, agricultural inputs, and other strategic cargoes, is a global need and obligation, as well as food security. Ensuring the safe delivery of necessary cargoes to all markets, especially to countries in need, is a humanitarian, economic, and strategic responsibility. Therefore, necessary initiatives should be made at the state level with international organizations, especially the United Nations; initiatives should be taken to establish secure and controlled maritime corridors covering different cargo groups.
- More visible and effective responses should be made against attacks that cause loss of life and property to Turkish-flagged or Turkish-operated commercial vessels; it should be clearly demonstrated that the sector and Turkish shipowners have the support of our state on the international stage.
- All incidents, damages, and economic losses should be recorded with a common system.
- A continuously working coordination structure should be established between the sector and public institutions.
- Preparations should be made in advance for the economic protection of the Turkish coastal fleet and the support mechanisms to be implemented if the crisis prolongs.
The main issue in this process is not to choose between sustaining trade at any cost or completely halting it.
The main goal should be to create a sustainable trade environment that protects human life, ensures the safe transport of energy, raw materials, agricultural inputs, and other strategic cargoes, while maintaining the Turkish maritime sector and preserving Turkey's logistical strength.
Since more than 90% of global trade is conducted by sea, when maritime trade routes come under pressure, the effects are felt across a wide spectrum, transcending general economic issues. More importantly, the safety of the men and women working at sea is under threat. It is clear that without their presence, maritime trade cannot be discussed, and no economic gain is as valuable as human life.
The way forward is not to fight individually but to act collectively by involving all stakeholders in the sector, documenting the experiences accurately and systematically, and developing a common urgent action plan between the sector and the state at the same table. KOSDER calls for the immediate establishment of this common strategy in response to the problems arising from recent developments in the Black Sea.
Source: SeaNews Türkiye
