***Abandoned ship: Transport firms’ legal battles leave sailors adrift
-
For nearly six months, the 20-man crew aboard the “A Whale” were left stranded as the ship’s owners battled bankruptcy.
Supplies were dwindling, his 20-man crew had not been paid for months and Captain Khan Jubair Niaz was desperate as his ship drifted aimlessly in the Gulf of Suez.
“We have not committed any crime and yet we are being punished,” Niaz wrote in a plaintive email to the Sailors’ Society, a 200-year-old, United Kingdom-based nonprofit that specializes in ministering to merchant seafarers. “I just want to go home. I am not interested in money. If I die here on this ship, then money is no good to me.”
“The supplies of food, water and fuel on board run out and it becomes clear that the shipowner will not provide even your basic means of survival. You have been abandoned.”
– Typical scenario experience by crew aboard abandoned ship
Niaz and his crew of Indian and Bangladeshi sailors aboard the Liberian-flagged “A Whale” had been cut off from communications and financial help from TMT Group, which was stuck in bankruptcy proceedings and effectively abandoned the ship. Without financial or logistical backing from its operator, the 1,120-foot oil and ore carrier was unwelcome at ports and unable to buy fuel or food. By June, the men aboard the ship had not been paid in nearly six months.
It’s a situation that plays out all too frequently on the high seas, according to industry experts. While executives and lawyers battle in courtrooms around the world, the sailors — often from poor nations in Africa and Asia — are left stranded aboard ships for weeks or even months. Niaz managed to keep his crew from panicking until a U.S. court ruled that Taiwanese creditors pressuring TMT had to allow the company’s nearly depleted cash reserves to be tapped to pay for the costs of crewing and fueling the ship. Earlier this week, Niaz was honored by Lloyd’s of London, which underwrites shipping throughout the world, as the 2013 “Seafarer of the Year.”
Scot Bower, director of media and advocacy at the Sailors’ Society, said hundreds of ships can face similar abandonment issues at any given time, citing statistics from the International Transport Workers’ Federation. Some cases can be cash flow problems where the sailors are victims of poor economic conditions, while others are victimized by owners who avail themselves to loopholes and scams to avoid accountability.
The International Labour Organization defines abandonment as seafarers whose owners are unable to repatriate them for more than two months, not paying them wages during that period of time or not supplying them with daily necessities within that span.
“It’s part of the food chain we ignore and organizations like ourselves highlight the causes of the seafarers and the lifestyles that they face, the loneliness and the isolation,” Bower told FoxNews.com.
In the majority of instances, Bower said an abandoned ship is unable to dock and has very little if any access to fuel unless provided by the ship’s owner. Other factors include the type of supplies or goods on board and the “good will” of the closest port.
Doug Burnett, maritime partner at Squire Sanders LLP in New York, said such incidents like the one endured by Niaz and his crew are an exception to the rule, but still occur far too often, frequently leaving sailors without options or advocates to represent them in court or against large parent companies.
“Normally, under maritime law, the wages of a seaman are highly protected, but when a ship is put under arrest due to debts that the ships own, when it’s ultimately told to a admiralty court, the people who are paid first are the crew,” Burnett told FoxNews.com. “But the crew normally doesn’t have an advocate for them.”
An abandoned ship frequently flies a “flag of convenience,” Burnett said, or registering a ship in a state different from that of the ship’s owners, as was the case with A Whale. The most popular flags of convenience hail from Liberia, Panama, Belize, Myanmar and the British Virgin Islands, he said.
“When you have flags of convenience, they don’t take care of their crew,” he said. “You basically get what you paid for. The ship is considered sort of an extension of the country of its flag, but that country may not have the interest or the ability to protect the crew.”
With that in mind, Burnett said Niaz, who could not be reached for comment, deserved the annual award.
“When you’re the master of the ship, your primary duties are to take care of the ship and the crew, and he obviously did that,” he said. “He did everything he could to try and get the crew paid. It ended up being an ungodly amount of time, but anytime you have a situation fairly desperate on a ship, if the captain can maintain order, get them home and get them paid, I think he deserves some kind of an award.”
Jan Webber, director of fundraising for the Sailor’s Society, told the maritime blog gCaptain.com that Niaz’s tale has “no doubt” raised the profile of all abandoned sailors worldwide. Webber, who maintained contact with Niaz during his ordeal, accepted the Lloyd’s award on behalf of Niaz on Tuesday.
“Two of the crew had very difficult situations financially,” Niaz’s speech read. “One had a wife who was about to deliver a baby and another had an elderly mother, both of them were dependents of the crew member wages … There was a shortage of bunkers; water and food were running low. Fighting was also breaking out among the crew out of frustration and tensions.”
Scenarios under which ships become abandoned by their operators vary, but no matter the circumstances, the effect on the crew is similar.
“An alarm bell may ring when a month’s salary is delayed or an employer fails to provide proper funds for the running of the ship,” reads the ITF Seafarers’ website. “Perhaps a second or third month will pass with empty promises of pay at the next port.
“Then the nightmare begins,” it continues. “Thousands of miles from home, your ship runs into difficulties or is detained by port authorities on safety grounds. The company owning the ship falls out of contact and perhaps into bankruptcy. You may be owed thousands of dollars in wages, and you have no money for a ticket home. The supplies of food, water and fuel on board run out and it becomes clear that the shipowner will not provide even your basic means of survival. You have been abandoned.”
While it is rare for crew members to be stuck aboard ships for months, as was the case with A Whale, getting to land in a strange country with no food or money is not much better. When the Tonga-flagged cargo ship Tara’s aging engines conked out off the Algerian coast, its owners turned their backs on the ship. Although it limped into port, the 14 crew members, all Pakistani or Indian, survived by begging in the port. Their own nations’ embassies refused to help, noting the ship sailed under a foreign flag.
Another ship abandoned in recent years, the Syrian-flagged Al Yassin, became stranded off the Yemeni coast. Crew members, who had not been paid in seven months, could not contact the company that owned the ship, as it listed dangerously for nearly four months in rough seas. Eventually the Pakistani Embassy in Yemen helped get the men to land, though they were never paid, according to the ITF.
FROM THE ETF:
Vote on Flight Time Limitations by EU Parliament next week
Pilots and cabin crew ask for rejection
Brussels, 4 October 2013
After a firm rejection in the EU Parliament Transport Committee, the flawed EU Commission proposal for Flight Time rules for pilots and cabin crew will be put to a vote at the next EP Plenary meeting. On 9 October mid-day, a vote by all Parliament Members in Strasbourg will determine whether the safety loopholes contained in that proposal will become official EU-wide legislation and allow air crew to be landing after 22 hours awake, or flying 11-12hrs30 through the night.
“The vote this Monday by the EU Transport Committee members should indicate the direction to their colleagues next Wednesday,” says François Ballestero, ETF Political Secretary for Aviation. “The firm rejection shows that the safety loopholes of the regulation have not passed unnoticed by the Parliamentarians, who work daily to make Europe’s transport safer. Their voice for a harmonization at the highest safety level should not be ignored.”
“We welcome the opportunity for a debate the evening before to the vote,” says Nico Voorbach, European Cockpit Association President. “Perhaps then we can receive the long-waited answers why the EU Commission is reluctant to propose science-based flight time rules. We also expect a clear answer why, despite the Transport Committee vote, the EU Commission has shown no commitment to undertake changes to the proposal before the EP Plenary vote? Limiting night flights to 10 hours – as scientists have repeatedly recommended – as the safe limit is an absolute must.”
Elisabetta Chicca, Chair of ETF Cabin Crew Committee adds: “Adopting these rules now, knowing that there is little consideration for fatigue as daily concern in cabin crew work onboard of an aircraft, and without a cap of 18 hours on combined standby and flight duty, is not the way forward.”
Commenting on the next week’s vote,ECA Secretary General, Philip von Schöppenthau, says: “Would you sign a contract if your future boss has blackened out the ‘Terms and conditions’ section? Probably you won’t. How can the Commission then expect Parliamentarians to rubberstamp a regulation, of which the important provisions are shifted in a document over which they have no view or say? Parliamentarians cannot turn a blind eye on this rather intransparent ‘arrangement’.”
Join our Safety Petition – Sign Now at www.dead-tired.eu – over 111.000 citizens did so already!
For further information, please contact:
Nico Voorbach, ECA President, Tel: +32 491 378 982
Philip von Schöppenthau, ECA Secretary General, Tel: +32 2 705 32 93
François Ballestero, ETF Political Secretary for Aviation, Tel: +32- 474 91 69 79
Note to editors: ECA is the representative body of European pilot associations, representing over 38.000 pilots from across Europe. Website: www.eurocockpit.be & www.dead-tired.eu
ETF represents 100,000 aircrews across Europe and more than 2.5 million transport workers from 243 transport unions and 41 European Countries. ETF Website: http://www.itfglobal.org/etf/index.cfm
FROM AGENCE EUROPE:
***No clear line on flight-time limits after rejection
538 words
2 October 2013
Agence Europe
AGEU
English
Not Available for Re-Dissemination, except as permitted by your subscriber agreement. (c) Agence Europe, Brussels 2013. All rights reserved.
Brussels, 01/10/2913 (Agence Europe) – After the proposal on limiting flight time was rejected by the European Parliament transport committee (TRAN), much to the regret of Transport Commissioner Siim Kallas, reactions are still very divided over the relevance of the vote (see EUROPE 10932). It is by no means certain that the plenary session will follow the TRAN recommendation. However, little time remains for the Commission to turn things around.
Under the comitology procedure, which does not allow any amendment, the proposal was thrown out with the adoption of the motion put down by the Greens/EFA and the GUE calling for rejection. Belgian MEP Isabelle Durant said after the vote that the proposal would have had “very negative implications for both pilots and crews, for labour law, and for risks related to flight times”, stating that “there are already well-documented cases of over-worked and exhausted pilots falling asleep in the cockpit, so it seems incredible that the European Commission should propose extending flight times”. She is convinced that the plenary session will take the same line as the TRAN committee, thereby forcing the Commission to go back to the drawing board. If this were to happen, the national rules currently in force will remain so until a new Commission proposal is adopted. Thus, for the transport spokesman of the Christian Democrats, Belgian Mathieu Grosch, the outcome of the vote is “regrettable” and resulted from “misleading rumours spread to give the impression that flying would become less safe because of the new European Rules”. In his view, when compared with national rules, the new European legislation would, “in almost every case” see safety levels maintained or even improved thanks to a better balance between flight and rest times. Socialist Said El Khadraoui (Belgium) said it remained important to be able to harmonise all national legislations, particularly as air traffic is predicted to continue to increase. The Commission proposals, then, provide an “acceptable compromise”. Between now and the plenary vote, he would nevertheless welcome guarantees from the Commission on the demands on pilots’ and cabin crew unions.
Pilots and cabin crew, who were very active in opposing the proposals were jubilant after the TRAN committee vote. The European Transport Workers Federation (ETF) and the European Cockpit Association (ECA) await fresh proposals from the Commission. Their demands are for a 10-hour limit on night flight times (compared with 11 in the proposal) and a firm cap of 18 hours on the combination of a standby followed by flight duty (currently 22 hours, they claim). Also, they say, member states must be allowed to retain stricter rules, rather than having to harmonise their standards downwards.
The top-level representatives of associations of European airlines (AEA) and regional airlines (ERA) were hoping MEPs would back the Commission’s proposals, and feel that the “false pretext” of safety is completely unjustified and unfounded.
It is likely that the Commission proposal will be put to the vote in plenary session next week, leaving little time for the Commission to make its case to the remainder of the European Parliament, regretted a Commission source (our translation throughout). (MD/transl.fl)
FROM REBANADAS DE REALIDAD:
***El dirigente sindical de Honduras amenazado tuvo que buscar refugio en un país seguro | |||||||
Rebanadas de Realidad – ITF, Londres, 01/10/13.- La ITF (Federación Internacional de Trabajadores del Transporte) confirmó hoy que el sindicalista Víctor Crespo ha salido de Honduras para garantizar su seguridad, y que ha obtenido promesas de acciones de protección por parte del Ministro de Trabajo de Honduras.
El 14 de septiembre, tres atacantes armados intentaron entrar a la fuerza a la casa de Víctor Crespo, Secretario General del Sindicato Gremial de Trabajadores del Muelle (SGTM) en Puerto Cortés. Los atacantes huyeron gritando amenazas de muerte cuando se dieron cuenta de la cantidad de posibles testigos que se habían despertado en las inmediaciones. El incidente acontece después de haber recibido varias amenazas de muerte de forma anónima, ordenándole a Crespo a dejar de luchar por negociar un Contrato Colectivo en el puerto de esa ciudad. Los atacantes también gritaron: “¡Deja de estar haciendo ruido organizando a los estibadores!”.
La ITF tomó medidas rápidas para garantizar la seguridad de Crespo, alertando a la presidencia de Honduras, a la policía de Honduras, a la OIT (Organización Internacional del Trabajo) y al operador que concesionará el puerto. La semana pasada, el Secretario Regional de ITF Americas Antonio Fritz, informó personalmente al sindicato sobre las acciones a nivel internacional que se han realizado para defender a Crespo.
Fritz también se reunió con el Ministro del Trabajo y Seguridad Social, Jorge Bográn Perdomo, quien concordó en la necesidad de proporcionar protección policial a Crespo para permitirle continuar con sus funciones sindicales en Honduras, así mismo, acordó en recomendar personalmente está situación al Procurador General de Honduras.
Antonio Fritz también le planteó la falta de respuesta desde Enero por parte del Ministerio del Trabajo sobre las solicitudes legítimas del SGTM, solicitando la medicación para un Convenio Colectivo de Trabajo en el puerto, así como la situación de la relaciones de trabajo y la estabilidad laboral de los estibadores una vez que el operador ICTSI comience sus operaciones en Puerto Cortés (la concesión para operar el puerto fue ganada en febrero). El ministro solicitó a la ITF y al STGM, documentos sobre estos importantes asuntos, los cuales, actualmente los está analizando.
Antonio Fritz comentó: “Las garantías del Ministro son profundamente valiosas y representan el primer rayo de luz en este oscuro y peligroso asunto. Celebramos la disposición de reunirse con nosotros para lograr un cambio real”.
LabourStart, en colaboración con la ITF, ha puesto en marcha una campaña en línea para ayudar a Víctor Crespo y su sindicato:
|
|||||||
The ITF is a global union federation that represents around five million transport workers in nearly 700 trade unions in 150 countries worldwide. El presente material se publica en Rebanadas por gentileza de Sam Dawson, Oficial de prensa de la ITF.
|
FROM EUROPOLITICS:
***FLIGHT TIME: LOBBYING TO CONTINUE UNTIL EP PLENARY
486 words
2 October 2013
Europolitics
EURREP
4721
English
Copyright 2013 Europe Information Service All Rights Reserved
It is more than likely that MEPs will decide whether or not to definitively reject the proposals on pilots’ flight and rest times at their plenary session, on 21-24 October. This is simply because – with the comitology process underway – they have until 25 October to reject the European Commission’s proposals. If MEPs do not react before this deadline, their silence will be read as a seal of approval. It is highly probable that until then, lobbyists will be going at full force in a bid to convince MEPs to validate the 30 September vote in the Committee on Transport (TRAN or poach enough of them to tip the majority in their favour. TRAN MEPs had rejected the Commission’s proposals by a majority of 21 votes against 13 (see Europolitics 4720). The results from the committee vote show that MEPs are still divided. The GUE-NGL group believes that “a catastrophe for pilot and passenger safety” was avoided. However, the Belgian EPP coordinator for TRAN, Mathieu Grosch (EPP), does not agree.
Grosch was disappointed that the proposal was rejected and felt the votes were based on “false rumours [that] were being spread making it seem as if flying would become less safe due to the new European rules”. Grosch argued that the rumours were unfounded and that these proposals were based on “a better flight time-rest time ratio”.
To convince MEPs to vote for the proposals, the European Commission also stresses the importance of comparing the existing situation (Regulation 261/2004) because if rejected, the existing rules will continue to apply. For example, at the moment, flight times including a nocturnal period cannot exceed 11 hours and 45 minutes. The Commission is proposing to set an 11-hour limit, whereas currently the strictest member state has a current limit of 11 hours and 15 minutes, according to the Commission. If the proposal were adopted, all the member states would have to review their rules, putting a stronger emphasis on security.
Meanwhile, the pilots’ trade unions and their representatives feel that it should be a maximum of ten hours for night flights. In fact, they seem to be prepared to take the risk of temporarily keeping the 11 hours and 45 minutes limit with hopes of the Commission coming back with a proposal that is more suited to their demands. François Ballestero, political secretary of the European Transport Workers‘ Federation (ETF), said: “We hope the Commission got the message and will act accordingly”. In terms of comparing the Commission’s proposal to current practices, Philip von Schöppenthau, secretary-general of the European Cockpit Association (ECA), which represents pilots, believes that the Commission knowingly highlighted some of the worst examples to better showcase its proposal. Von Schöppenthau says that the Commission “chose some of the worst practices in Europe to compare its proposal with”.
FROM SHIP MANAGEMENT INTERNATIONAL:
***Threatened Honduran union leader moved to safe country
October 2, 2013
The International Transport Workers’ Federation (ITF) today confirmed that Honduran Victor Crespo has been moved out of Honduras to assure his safety, and that it has secured promises of action from the country’s Minister of Labour.
On 14th September three armed attackers tried to force entry to the home in Puerto Cortés of Victor Crespo, General Secretary of the Sindicato Gremial de Trabajadores del Muelle (SGTM). They left, shouting death threats, when they became aware of how many potential witnesses they’d woken up nearby. The attack followed two months of anonymous death threats telling Mr Crespo to stop seeking a collective agreement at the town’s port. The armed attackers yelled that he should “stop making noise organising stevedores”.
The ITF moved quickly to ensure Mr Crespo’s safety, and alerted the Honduran police, president, the ILO (International Labour Organization) and the port’s incoming concessionary operator. Last week ITF Americas regional secretary Antonio Fritz personally updated the union on the international work that has been done to defend Mr Crespo.
Mr Fritz has also met with Honduras’ Minister of Labour and Social Security Jorge Bográn Perdomo, who agreed completely with the need for police protection for Mr Crespo to allow him to carry on his trade union duties, and agreed to personally recommend this to the Honduran Attorney General.
Antonio Fritz also raised the matter of the Labour Ministry’s lack of response since January to the SGTM’s lawful requests for a collective bargaining agreement at the port, as well as labour relations there and the job security of stevedores once ICTSI – which won the concession to operate the port in February – begins operations at Puerto Cortés. The Minister asked for, and is now studying, a paper from the ITF and STGM detailing these important matters.
Antonio Fritz commented: “The minister’s assurances are deeply valuable and represent the first real ray of light into this dark and dangerous affair. We commend his willingness to meet and to effect real change.”
In cooperation with the ITF, LabourStart has launched an online campaign to assist Victor Crespo and his union: www.labourstartcampaigns.net/show_campaign.cgi?c=1948