Respecting the law, protecting customers

The International Road Transport Union (IRU), representing taxi, bus, coach and truck companies worldwide, and the International Transport Workers’ Federation (ITF), which unites trade unions representing transport workers across the globe, today appealed to regulators to closely scrutinise commercial transport services offered by self proclaimed “ride sharing” for reward transport platforms such as the Uber app. The two organisations, meeting in Cologne, stated that this would help to ensure that laws are fully respected and enforced, that customers are protected, and that all those working in or offering services in the taxi market enjoy fair competition. 
Chairman of the IRU Taxi Group, Hubert Andela, said: “Taxis are one of the most dynamic and innovative parts of public transport. We are proud of the entrepreneurial spirit that our industry demonstrates when embracing the latest technologies such as smartphone apps for taxis. Yet, as a public transport service, taxis are subject to numerous regulatory obligations that guarantee the safety, security, service quality and rights of customers, including customers with disabilities. All those who want to offer similar services on this market in any country of the world must abide by the rules in force. The other option is the Wild West, where customers are at the mercy of cowboy operators who have no regard for the rule of law.”
Mac Urata, ITF Inland Transport Section Secretary, commented: “Taxi drivers play a vital link in the public transport chain. Unions are not against innovations, but if governments don’t catch up with what new technologies such as Uber are making possible, then we face a free for all, where all the existing passenger safeguards are lost and trained taxi drivers are de-skilled or the whole industry made-up of part-time drivers without labour rights. Trade unions worldwide have come together to challenge this development. We want regulators to do the same.”
The IRU and the ITF, together with the European Transport Workers’ Federation (ETF), will work together in order to strengthen their cooperation by jointly addressing regulators, city authorities, customers’ organisations’ and other relevant stakeholders on issues related to self proclaimed “ride sharing” for reward transport platforms, as well as by joining forces in training and awareness-raising among taxi drivers on road safety, driver and customer security, services to customers with disabilities, and customer awareness.

FROM SHIPPING TRIBUNE (INDIA), ALSO LONGSHORE SHIPPING NEWS (ILWU), TRANSPORTWORKERS.ORG, SEAFARER TIMES (INDIA):

First victory in Costa Rica port strike battle

Posted on November 7, 2014 by admin

Costa Rica’s SINTRAJAP dockers’ union has won a commitment from the country’s government to re-examine the future of the vital ports of Limon and Moin, along with a promise to cease police violence against strikers. In response the union has agreed to put its 15 day strike – which has been supported by trade unions right across Costa Rica and by the ITF (International Transport Workers’ Federation) and its affiliates  – on hold.

The strike was in protest at a huge planned 33 year concession deal won by APM to run a new terminal. The deal would effectively give the new operation a monopoly over all container ships – something that is contrary to Costa Rican law. Such a monopoly, which is still being challenged at the country’s supreme court of justice, would also endanger the future of the state-owned JAPDEVA port company. Some 70 percent of its income comes from container handling. JAPDEVA is a highly important national asset that is tasked with supporting the regional economy, including by funding education and health services. Having won the fight to prevent JAPDEVA being privatised some years ago, SINTRAJAP has repeatedly challenged the legality of the government’s creation of a new, unconstitutional and potentially monopolistic concession, and the authorisation of the new port to double the container operation fees.

ITF unions have backed SINTRAJAP and condemned the police storming of Puerto Limon’s Moin and Limon terminals on 23 October. They have expressed their opposition by sending letters and meeting with Costa Rica Ambassadors in several countries. The police raid helped galvanize public opinion in the country against the government’s plans. There has been civil unrest in the province of Limon where the population have been protesting against the creation of a monopoly and an increase in  container fees that would create further inflation in the country. They have also demanded a clear development programme for JAPDEVA, whose income is used for infrastructure and services in what is one of the poorest provinces in the country – despite the fact 80 percent of all the international commerce of the country passes through its port.

Paddy Crumlin, ITF president and chair of its dockers’ section, stated: “This affair is a long way from over, but there’s been a first victory for legality and reason today. The government will have to return to the negotiating table rather than ignoring the nationwide objections to their plans for Puerto Limon. The negotiation process that now starts must be taken seriously by the government, and a proper, fair and positive agreement reached so as to end this conflict and ensure the viability of JAPDEVA. There are also guarantees of no reprisals against the dockers who have been defending this national resource. We hope that peace comes to the province on Limon and we recognise that the people of Costa Rica have shown themselves willing to defend their port and their future”

FROM THE AFL-CIO:

From left, Daniel Duncan, MTD Exec Sec-Treas, and Ingo Esders, ILA Legislative & Government Affairs Director, hand deliver letters from their respective presidents (Michael Sacco and Harold Daggett) regarding the police attack on protesting dock workers in Limon and Moin to the Costa Rican embassy in Washington.

The MTD joined with its affiliates who are members of the International Transport Workers’ federation (ITF) in expressing concern over the tactics used by the Costa Rican government to suppress a workers’ protest regarding the privatization of that nation’s container terminals.

In a letter dated and hand-delivered to the Costa Rican embassy in Washington on November 6, MTD President Michael Sacco wrote, “We believe that neither the use of state violence nor the use of armed personnel against workers are appropriate ways to solve a labor conflict.”

Sacco noted that the workers had sought a dialogue with the government regarding this matter, which so far has not happened. He pledged the support of the MTD in this fight for jobs.

Dockers protesting a long-term operating agreement between the Costa Rican government and APM to operate the nation’s container terminal in place of the government-run operations at the terminals of Limon and Moin were attacked by armed officers on October 23. The dockers, members of the ITF-affiliated SINTRAJAP union, were concerned about losing their jobs

The ITF reported that nearly 70 men and women were arrested and the Limon and Moin facility closed. The London-based organization then noted when the port reopened the following day, “strikebreakers, some of them from nearby countries” had replaced the union members.

ITF President Paddy Crumlin stated, “This is another example of profit coming first, with governments putting effort – and violent effort – into attacking the public sector.”

According to the ITF, the dispute arose over a 33-year, $1 billion expansion deal won by APM to run a new terminal, which had been the subject of a legal battle. APM negotiated the exclusive right to handle containers, which could imperil the future of the state-owned port company where the union dockers are employed.

The ITF represents transport workers from 706 unions located in 154 nations. Several MTD affiliates are members of the ITF.

FROM SHIP MANAGEMENT INTERNATIONAL:

Cover Story: Isolating the Ebola impact

Ebola impacts on Mercy Ships

Following the Ebola outbreak, Mercy Ships, a fleet of hospital vessels which provides health care and surgery for the world’s poorest people, has postponed planned operations in West Africa, choosing Madagascar as the focus for its next field service (until summer 2015) instead.

Don Stephens, Mercy Ships President and Founder explained the situation: “With the recent World Health Organization announcement that the deadly Ebola outbreak in West Africa could infect more than 20,000 people before it is brought under control, Mercy Ships has made the decision to accept an invitation by the government of Madagascar for its next field service until summer 2015.”

Describing the greatest challenges for Mercy Ships in facing this outbreak, Mr Stephens added: “The safety of our crew and patients is our top priority; and we are keenly aware that our ship is a magnet for those who are ill. A major concern – both for our patients as well as for our crew – is that our hospital ship in a West African port would only encourage Ebola patients to cross borders seeking our help. That would be counterproductive to the cessation of this horrible viral outbreak which requires people to stay in isolation and affected nation’s efforts at containment.

“Postponing our field service in West Africa was the right decision. Nevertheless, it was difficult. We have served in Sierra Leone, Guinea and Liberia at least 13 times within the past two decades. However, our specialised surgical ship has multi-bed wards and isn’t equipped with isolation facilities needed, should we be faced with Ebola patients. The Mercy Ship is also unique in that we sail with families and children onboard.

“Though our hospital ship isn’t configured to handle patients suffering from Ebola, we are making a joint response with our PQMD (Partnership for Quality Medical Donations) partners to assist them in their response. Partnering with other NGO’s that are set up to handle disasters like this and with major medical and pharmaceutical companies allows us to provide a coordinated response with a far reaching impact in the fight against Ebola.”

When asked what advice he might offer to individuals regarding the Ebola outbreak and the issue of protecting individuals in industry, particularly seafarers, from the disease, he added: “Following the US Center for Disease Control recommendations, Mercy Ships has banned crew travel to Guinea, Sierra Leone, Liberia and Nigeria. Likewise, crew guests and day crew may not board the Mercy Ship for at least 21 days after they have visited one of the four affected countries. We have done a thorough Threat Analysis and set up medical protocols should any of our crew or patients come into contact with any of the types of Ebola in any way.”

What plans does Mercy Ships have now, in order to continue operations despite these difficult times? “Mercy Ships has multiple invitations to serve the Continent of Africa than we can manage,” Mr Stephens said. “Our teams have been in continuous assessment for several months. Our thoughts and prayers continue to be with our friends in West Africa and it is our sincere hope that we return soon to the area.”

Mr Stephens added that he is “honoured” to be able to come alongside the island nation of Madagascar and to help support their government’s efforts to strengthen healthcare infrastructure through the training and capacity building Mercy Ships can offer. “Thousands of patients are suffering there from pathologies which the Mercy Ship is equipped to assist through the surgical expertise of our dedicated professionals onboard.”

The hospital ship has had a full schedule: Sailing from the Canary Islands by mid-September with a stopover in Cape Town, South Africa, at the end of that month for refueling and crewing. Arrival into Tamatave, Madagascar, is anticipated for the end of October.

Madagascar is located off the coast of East Africa. More than 43% of its population of 22.6 million is under the age of 20, and the nation is positioned at 151 out of 187 countries and territories in the Human Development Index. A protracted political crisis in recent years has endangered the nation’s ability to meet a number of millennium development goals and has taken a heavy toll on Madagascar’s economy and people, especially the most vulnerable. More than 92% of Madagascar’s population lives on less than $2 a day.

Donovan Palmer, Mercy Ships Group Manager, added: “It is with great sadness that we postpone our anticipated visit back to West Africa due to the ongoing Ebola crisis there. Our hearts are with those we have partnered with and served over the last two decades in the region. We remain committed to Africa and hope one day soon to serve the people of West Africa again.” Mercy Ships is aware that the presence of the hospital ship in the harbor can be a magnet to attract those with health issues to cross borders, movement that West Africa does not need at this time as leaders struggle to contain this deadly crisis.

In consultation with a range of external sources, Palmer stated that Mercy Ships has developed an Ebola threat and response plan. The Africa Mercy is a specialised surgical ship with multi-bed wards and limited isolation facilities. With a crew of more than 400 from around 40 nations, including families with small children, the Mercy Ship is not designed to quarantine Ebola patients.

Mercy Ships has made 13 port visits to the nations of Liberia, Sierra Leone and Guinea within the past 20 years and most recently had to postpone invitations to Guinea, Benin and the Republic of the Congo due to concerns around the spread of the Ebola outbreak.

The last visit of a Mercy Ship to the island nation of Madagascar was in 1996.

Opinion

Ebola guidance

Edward Hicks and Jasmin Sandhu, from law firm Hill Dickinson discuss some of the legal implications that have arisen from the Ebola virus outbreak

A number of shipping organisations, including the International Chamber of Shipping, International Maritime Employers’ Council and International Transport Workers’ Federation, have issued guidance on the risks associated with vessels calling at countries affected by the current Ebola virus outbreak.

The advice warns of a ship owner’s duty of care and the importance of crew safety. Recommendations include: the Master ensuring crew are aware of the risks of the virus and how to reduce the risk of exposure; giving careful consideration to granting any shore leave while in impacted ports; and, adhering to ISPS standards in order to control the problem of stowaways. Owners/operators should also avoid making crew changes in the ports of affected countries.

There are also legal issues that need to be considered, some of which follow.

In particular, all parties may wish to review the terms of their insurance policies (including P&I cover if applicable) to understand what duties they are under and for what losses they may be protected. They should be aware that in some cases local authorities may interpret contracts in accordance with local, rather than English, law.

Time charters often contain express or implied safe port warranties, which will continue to apply despite the Master’s duty to follow a charterer’s lawful orders. Under English law the safety of a port is assessed at the point of nomination. At that time, for a port to be considered safe, the vessel must be able to reach it, use it, and return from it. If the vessel is exposed to danger (unless an abnormal occurrence), that danger must be capable of being avoided by good navigation and seamanship.

English law has traditionally focused on the physical safety of the vessel and her cargo rather than the health of her crew. However, the question here would be whether, for a port to be unsafe, it is enough if there is a risk to the crew but no physical risk to the vessel. Whether the port is legally unsafe, and whether a Master can refuse to enter a port affected by Ebola, will depend on the terms of the negotiated charterparty.

As to a charterer’s obligations under a time charter, where there is supervening unsafety, i.e. a port is affected after the charterers have nominated it, they will be bound to re-nominate.

Liabilities for delays arising out of the outbreak will depend on the relevant facts and the charterparty wording. Potential relevant causes of delay, which may even amount to force majeure, may include refusals to grant free pratique, refusal of pilots to board vessels arriving from affected areas, the placing of vessels under quarantine, port closures, or the refusal of members of the crew to visit affected ports. The charterers have a duty to pay hire continuously throughout the charter period, unless they can prove, on the terms of their charterparty, that an exception applies.

The World Health Organisation (WHO) has issued statements regarding the outbreak to advise travellers of the symptoms, risks, prevention, and treatment of the Ebola disease. It has also published recommendations for precautions that owners can take to protect their vessel and crew, the adoption of which may also lead to delays. These include the declaration of sick crew members and passengers, a declaration of health for arriving vessels, and documentation of measures taken onboard in order to reduce the risk of exposure.

Employers have a duty of care under individual contracts of employment and owners may also encounter difficulties and delays if crew members refuse to visit affected ports or ports in affected countries.

As there is no immediate prospect of the outbreak coming to an end, it is advisable to take steps now to minimise exposure to potential risks, including drafting appropriate Charterparty and/or Bill of Lading clauses. Most importantly, it is essential to keep up to date with warnings and guidance issued by port authorities, national and international authorities, and industry leaders, so that protective measures are implemented in a timely and consistent manner.

English port is starting point for international union logistics programme

November 7, 2014

Activists in the key Humber distribution hub will meet in Hull, UK, next week to plan how workers can confront the harmful effects of globalisation. The three day (10th to 12th November) meeting and workshop, hosted by Unite the Union, is the launch event for a major programme being rolled out by global union federations the ITF (International Transport Workers’ Federation) and IndustriALL.

The event will be led by local union activists from the key supply chain hub centred on the ports of the River Humber. Trade union representatives from around the world will also participate.

“What we do in Hull this week will have international consequences,” explained Bev Clarkson, Unite regional coordinating officer. “This event could be a game changer, covering everything from health and safety in the workplace to how unions can challenge the harmful impact of globalisation. It will bring participants together in training and goal setting that is worker-led, and supported by the ITF and IndustriALL global union federations.”

Paula Hamilton, ITF Industrial Hubs Programme Leader, commented: “Port-based hubs are an increasingly important part of the global supply chains that drive commerce and involve workers across multiple transport sectors. Our programme is about helping those workers make strong and progressive links right along those national and international chains.”

Jim Catterson, IndustriALL Energy Director, added: “The aim of this initiative is to build worker and union influence across supply chains through the global ports network and to strengthen ties between unions representing oil and gas, port, road, rail and logistics workers within hubs and internationally. Hull, with its large port, widespread infrastructure and petrochemical cluster, is an excellent starting point.”

First victory in Costa Rica port strike battle

Costa Rica’s SINTRAJAP dockers’ union has won a commitment from the country’s government to re-examine the future of the vital ports of Limon and Moin, along with a promise to cease police violence against strikers.

In response, the union has agreed to put its 15-day strike – which has been supported by trade unions right across Costa Rica and by the ITF (International Transport Workers’ Federation) and its affiliates  – on hold.

The strike was in protest at a huge planned 33-year concession deal won by APM to run a new terminal. The deal would effectively give the new operation a monopoly over all container ships – something that is contrary to Costa Rican law. Such a monopoly, which is still being challenged at the country’s supreme court of justice, would also endanger the future of the state-owned JAPDEVA port company.

Some 70% of its income comes from container handling. JAPDEVA is a highly important national asset that is tasked with supporting the regional economy, including by funding education and health services. Having won the fight to prevent JAPDEVA being privatised some years ago, SINTRAJAP has repeatedly challenged the legality of the government’s creation of a new, unconstitutional and potentially monopolistic concession, and the authorisation of the new port to double the container operation fees.

ITF unions have backed SINTRAJAP and condemned the police storming of Puerto Limon’s Moin and Limon terminals on 23rd October. They have expressed their opposition by sending letters and meeting with Costa Rica Ambassadors in several countries. The police raid helped galvanise public opinion in the country against the government’s plans. There has been civil unrest in the province of Limon where the population have been protesting against the creation of a monopoly and an increase in container fees that would create further inflation in the country. They have also demanded a clear development programme for JAPDEVA, whose income is used for infrastructure and services in what is one of the poorest provinces in the country – despite the fact 80% of all the international commerce of the country passes through its port.

Paddy Crumlin, ITF President and Chair of its dockers’ section, stated: “This affair is a long way from over, but there’s been a first victory for legality and reason today. The government will have to return to the negotiating table rather than ignoring the nationwide objections to their plans for Puerto Limon. The negotiation process that now starts must be taken seriously by the government, and a proper, fair and positive agreement reached so as to end this conflict and ensure the viability of JAPDEVA. There are also guarantees of no reprisals against the dockers who have been defending this national resource. We hope that peace comes to the province on Limon and we recognise that the people of Costa Rica have shown themselves willing to defend their port and their future.”

FROM THE BBC:

Belgian police have used tear gas and water cannon against violent anti-austerity protesters in central Brussels after a largely peaceful march by about 100,000 workers.

Several vehicles were set alight by protesters who also hurled stones and flares at police. About 50 people were hurt and 30 detained, officials said.

Belgium's new government plans to raise the pension age, freeze wages and make public service cuts to meet EU targets.

Trade unions plan a series of strikes.

Thursday's march was one of Belgium's biggest labour demonstrations since World War Two.

Steelworkers, dockers and teachers were among the thousands who took part, protesting against government austerity policies.

Vehicles were set alight when violence erupted after the march

Several people were injured and others detained

Protesters say the government should not be targeting workers as it tries to cut the budget deficit

"They are hitting the workers, the unemployed," said Philippe Dubois, who came from the industrial region of Liege.

"They are not looking for money where it is, I mean people with a lot of money.''

The march marked the start of a month-long campaign by trade unions and is to be capped with a national strike on 15 December.

The centre-right government of Prime Minister Charles Michel says the tough austerity measures are necessary to keep the budget deficit down.

But Marie-Helene Ska, secretary general of the union CSC, said the government had to look elsewhere for the cash.

"The government tells us and all of the parties tell us that there's no alternative. We don't contest that they have to find 11bn euros (£8.6bn; $13.6bn) but we've been saying for a long time that it's possible to find this money elsewhere, rather than in the pockets of the workers."

Government-led talks between unions and employers opened on Thursday.