Enforcing Your Rights
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LAW HEALTH AND SAFETY EDUCATION AND TRAINING INDUSTRY MLC is still Insurers warn economic Project seeks to Time for employers to in force despite impact of pandemic could future-proof training for stand together and say Covid-19 downgrade ship safety maritime professionals no to port corruption the global seafarerVolume 4 | Number 4 | October 2020 ENFORCING YOUR RIGHTS Dr Cleopatra Doumbia-Henry ‒ the ‘Mother of the Maritime Labour Convention’ ‒ adds her voice to the trade unionists demanding seafarers’ legal rights in the crew change crisis CONTENTS FOREWORD the global Volume 4 | Number 4 | October 2020 COMMENT 3 The flag of convenience system is the root of Comment many evils, says general secretary seafarer Mark Dickinson Current events are shining a light on the HEALTH AND SAFETY absurdity of the flag of convenience system, says 4 ITF repatriates seafarers after five detentions Nautilus Federation director Mark Dickinson in the UK 14 5 Major review needed for super-sized he global crew change crisis worsens, containerships despite a well-intended UK initiative 6 Medical care at ports due to pandemic T to galvanise key governments to restrictions is a global health emergency act. Over 300,000 seafarers are effectively being forced to work way beyond the 7 Risks of working alone highlighted by fatality maximum time permissible under the Maritime and MV Wakashio oil spill, Union warns Labour Convention (MLC). It is of profound sadness against the criminalisation of the crew to me that governments continue to flout their 22 Pandemic could reverse positive safety trends obligations to our seafarers. We will need to bring The ultimate culprits in all these unfolding 25 Growing concerns over the failure of these governments to account, however long it tragedies are flags of convenience (FoCs) and open maritime authorities to enforce regulations takes. registers. While proponents of the system dole In Lebanon, we witnessed the shocking out sticking plasters and point the finger hither INTERNATIONAL explosion in the Port of Beirut. I hope a thorough and thither, they avoid the plain truth, and the 8 Philippines takes action on crew relief investigation is conducted to discover the root underlying issues remain untreated. This is a causes. The authorities seem to have been systemic failing that undermines any attempt 9 Detain ships to stop humanitarian crisis shockingly complacent and failed to heed warnings at accountability or effective governance of the 10 Unions stand with the workers and people about cargo stored in the port. It seems clear too shipping industry. of Beirut how the ammonium nitrate got there, but how was Your average Author Ian Urbina, in an article for the Canadian 11 No more contract extensions, says ITF it possible that the M/V Rhosus and its crew were FoC is a fat National Post, identifies the true cause of the Beirut 12 Cayman register say crew should be abandoned and the alleged Russian owner able to lot of good explosion as: ‘Lax rules and a maritime bureaucracy paid during quarantine walk away? Why was Moldova the flag state of a designed more to protect anonymity and secrecy Russian-owned, Cypriot based company? These are when things of shipowners than to enable oversight and NAUTILUS AT WORK some of the essential questions that need an answer go wrong ... transparency of the industry.’ 10 if we are to truly understand the circumstances He observes the absurdity of the FoC system: 13 Governments can no longer hide behind We are Force Majeure for crew changes that led to this tragedy and learn any lessons. ‘The company collecting the fees for the right to In Mauritius ,an emergency has been declared weaker, less fly a certain flag is also responsible for policing its 17 22 EDUCATION AND TRAINING by the government as the stranded Panamanian- resilient and customers, ensuing they abide by safety, labour and registered Japanese-owned bulk carrier Wakashio environmental rules, and conducting investigations 14 EU-funded SkillSea project looks at training for is spewing its fuel oil into the Indian Ocean, our seafarers when things go wrong. But in practice, flags of seafarers using the technology in the future 25 threatening the fragile marine ecosystem. It was are exposed convenience create a perverse incentive for ship INDUSTRY reported that the Mauritian government has because operators to shop around for the most lax registries.’ appealed to France to assist with the disaster Shipping companies still turn to the countries 17 The laws around port corruption problems response, which prompted a renowned expert on FoCs exist where they are ultimately based when they need LAW the Panamanian ship register to ponder on social government assistance. Whether it be naval media why the Japanese government had not been protection, piracy response, oil spill response, state 20 COVER STORY: MLC is still in force and some asked to help. aid, funding to survive a pandemic or consular seafarers are illegally denied rights to relief Not wanting to let such a huge dollop of irony intervention with crew changes, your average FoC is and repatriation go to waste, I suggested that, since the vessel’s flag a fat lot of good when things go wrong, and no one is Panama, and the United Nations Convention of seems to pay attention when the seafarers onboard the Law of the Sea (UNCLOS) makes it abundantly want to go home. Published by Nautilus International clear where the responsibility lies, the point is why Our traditional maritime nations are weaker, less on behalf of Panama was not leaping into action? Safe to say said resilient, and our seafarers exposed because FoCs expert was not happy with my attempt to highlight exist. It is time for a renewed debate about their the true culprit in this awful tragedy. insidious impact. nautilusfederation.org 2 October 2020 October 2020 3 nautilusfederation.org HEALTH & SAFETY nautilusfederation.org FOR COVID-19 FAQ nautilusfederation.org Find your ship’s MSC Zoe: fundamental safety questions raised Free mental safety data online about the ‘super-sizing’ of containerships health support Do you want to know more about the The Seafarers Hospital Society (SHS) ship you work on? has renewed its contract with online Do you want to know if your ship is mental health service Big White Wall covered by an ITF agreement? for another year, in response to the Do you want details of your ship’s Covid-19 pandemic. safety record? SHS has been funding Big White Wall’s free, anonymous seafarer If so, you might want to visit service since 2016, but the support www.equasis.org for free ship ITF steps in to repatriate seafarers offered is particularly relevant to information. maritime professionals during this This website provides free after five vessels detained in UK exceptionally challenging time. searchable ship information ‘It’s a tough job at the best of including ownership details and The International Transport Workers’ Federation As of mid-July, some crew members had times,’ said the Society’s chief port state control (PSC) inspections. (ITF) has been working to repatriate thousands been repatriated and some monies had been Super-sized containership executive officer Sandra Welch, ‘but It also includes important ITF of desperate crew stuck onboard five vessels paid. ‘However, the matter is far from over,’ ITF now, with so many seafarers information including details of any detained in the UK for Maritime Labour Inspectorate coordination supervisor Finlay safety ‘needs major review’ working well beyond the normal ITF agreement that exists onboard, Convention (MLC) breaches. McIntosh said. contract period, the strain is a summary of the last recorded crew UK port state control boarded and detained Unions and charities stepped up efforts to help Radical action to improve boxship safety has and accelerations, contact or close contact with beginning to show.’ list, the date and location of last ITF Cruise and Maritime Voyages (CMV)-owned, 47 crew who went on a hunger strike after being been demanded by a joint investigation into an the seabed, green water and slamming. There have been several reported inspection. Portuguese-flagged Astoria on 19 June. stuck on board Astoria without pay. The mainly incident off the Dutch coast when more than 340 The main cause of the container losses was suicides and suicide attempts in You must register to access this The Maritime and Coastguard Agency Indian crew demanded wages owed to them and boxes were lost by the 19,244TEU MSC Zoe. the high stability at which the ship was sailing recent weeks onboard ships information. (MCA) also detained four other CMV ships, the repatriation home in mid-June, after weeks of The Dutch, German and Panamanian report in a beam sea in shallow water conditions. The stranded offshore or in port, and Bahamas-flagged Astor, Colombus and Vasco de pleas to their employer proved fruitless. raises a series of fundamental safety questions ship’s metacentric height (GM), a core criteria of suicide is now the foremost cause of How to register Gama at Tilbury, and Marco Polo at Bristol. The crew on Astoria had become increasingly about the ‘super-sizing’ of containerships, stability, was typical of ULCSs, the report notes. death amongst seafarers. 1. Go to www.equasis.org MCA inspectors found expired and invalid concerned for their welfare after the cook died warning that operations are outpacing The effects of high GM are underestimated. Seafarers are a resilient bunch, 2. Select ‘Registration’ from the top Seafarer Employment Agreements, late payment of a heart attack, ITF reported. Crew medication regulations and recommending a review of the ‘High stability is a safety risk that has not been Ms Welch acknowledged, and some of the screen. of wages and crew who had been onboard for over was running low and one crew member concept of lashing containers on deck.