***With Fate of 159 Abandoned Merchant Ships in Limbo Fairer Deal Hammered Out with MLC Amendments
SWITZERLAND – WORLDWIDE – Two key proposals for amendments to the Maritime Labour Convention (2006) (MLC) were passed with overwhelming support at today’s Geneva meeting of the International Labour Organization (ILO) and have been welcomed wholeheartedly by those at the sharp end when dealing with the all too familiar problem of crew abandonment. The misery caused when vessels and crews are deserted by their failed or failing owners spreads over thousands of miles and hundreds of families and are a disgrace in the modern world of merchant maritime transport.
At the meeting the proposals, which now go forward to the next ILO International Labour Conference in May for formal adoption, received the support of all but one government with a final tally of 8,890 votes for, none against and 143 abstentions. The amendments were developed over nearly a decade by a Joint Working Group established by the ILO and the International Maritime Organization (IMO) in 1998 and will strengthen the 2006 Convention. They establish mandatory requirements that shipowners have financial security to cover abandonment, as well as death or long-term disability of seafarers due to occupational injury and hazard.
Under the new provisions, ships will be required to carry certificates or other documents to establish that financial security exists to protect seafarers working on board. Failure to provide this protection may mean that a ship can be detained in a port. As of March 2014, the ILO’s Abandonment of Seafarers Database listed 159 abandoned merchant ships, some dating back to 2006 and still unresolved. Cleopatra Doumbia-Henry, Director of the ILO Labour Standards Department, said:
“These legal standards will provide relief and peace of mind to abandoned seafarers and their families wherever they may be. In addition, by adopting these amendments to the Convention, shipowners and governments are also strengthening its provisions aimed at ensuring a level-playing field for quality shipping around the world. The new measures will guarantee that seafarers are not abandoned, alone and legally adrift for months on end, without pay, adequate food and water and away from home. They also clearly make flag states responsible for ensuring that adequate financial security exists to cover the cost of abandonment, and claims for death and long-term disability due to occupational injury and hazards.”
The International Transport Workers Federation (ITF) were quick to praise today’s decision and Dave Heindel, chair of the ITF seafarers’ section, is the spokesperson for the organisation at the Geneva session. He commented:
“The MLC has entered a new generation today. We have always known that abandonment would be the priority for this stage two of the MLC, but to see that problem so widely recognised and marked for action has been inspiring.”
The Mission to Seafarers also professed itself very pleased with the outcome. The Mission attended the Special Tripartite Committee meeting and week-long sessions to debate the proposed amendment and says it fully expects the Conference to recognise the essential importance of this strengthening of the MLC. The Revd Canon Ken Peters, Director of Justice and Public Affairs who attended throughout the session at Geneva paid tribute to the desire of the social partners, shipowners and seafarers to work together to find practical solutions, saying:
“The consensus that has formed around the protection of seafarers is significant and pleasing. It shows that Governments, shipowners and seafarers representatives realise that seafarers must not be left without repatriation. The Mission to Seafarers will continue to organise the provision of the basic necessities of life, such as food and drinking water, to those that are relying on us, knowing that repatriation is in sight and seafarers will not be left abandoned indefinitely with only our help to survive.
“Almost all governments clearly showed their intent to ensure the rights of seafarers when confronted by unacceptable conditions. I would also like to pay tribute to my colleagues on the delegation of the International Christian Maritime Organisation. There is clear co-operation between the various maritime charities, who together continue to make a significant contribution to the welfare of seafarers.”
The ILO itself believes that these ‘concrete steps’ toward a fairer deal for the disenfranchised in the seafaring community represent not only a milestone for merchant shipping but an example to other industries worldwide. ILO Director-General Guy Ryder, commented:
“The adoption of the Maritime Labour Convention in 2006 was an historical milestone that heralded a new era in the maritime sector. This latest step, building on international tripartite cooperation, is a very significant and inspiring example for other economic sectors. When they come into force, these measures will ensure the welfare of the world’s seafarers and their families if the seafarers are abandoned, or if death or long-term disability occurs as the result of occupational injury, illness or hazard. These steps will certainly help improve working and living conditions for seafarers, doing what is right for the women and men in this sector who play a central role in keeping the real economy going with some 90 per cent of world trade carried on ships.”
FROM THE SHIPPING TRIBUNE (INDIA), ALSO SEAFARER TIMES (PHILIPPINES), HELLENIC SHIPPING NEWS (GREECE), SCOOP (NZ), ALL ABOUT SHIPPING (UK), ETC :
***Agreement takes MLC into new stage
Posted on April 12, 2014 by admin
The ITF has praised today’s decision at the ILO (International Labour Organization) in Geneva today to build on the success of the Maritime Labour Convention 2006 by including in it new mechanisms to tackle crew abandonment.Over 300 maritime representatives addressed a joint proposal by seafarers’ unions and shipowners to address the issue of abandonment, and to ensure that flag states have in place a financial security system to provide abandoned seafarers with outstanding wages, repatriation and other reasonable costs until they arrive home.
There were 8,890 votes in favour of the proposal, none against, and 143 abstensions.
A further set of amendments was also voted on, regarding shipowners’ liability to ensure financial security is provided, certified and inspected, in order to deal with contractual claims in an expeditious way.
The amendments have been adopted and will now be submitted to the next session of the conference for approval.
Dave Heindel, chair of the ITF seafarers’ section, is the spokesperson for the organisation at the Geneva session. He commented: “The MLC has entered a new generation today. We have always known that abandonment would be the priority for this stage two of the MLC, but to see that problem so widely recognised and marked for action has been inspiring.”
Speaking from the meeting, ITF president Paddy Crumlin said: “Today’s vote represents a genuine turning point for the convention. It proves that seafarers, shipowners and governments are committed to continuously reviewing the implementation of the MLC in order to ensure that it is a truly global and living instrument for the protection and benefit of all seafarers. Abandonment is a particularly dark stain on the industry and the new amendments are real and concrete relief for seafarers facing that dire predicament.”
FROM THE SIU:
***ILO Moves to Protect Mariners (4/11)
The International Transport Workers’ Federation, to which the SIU is affiliated, has issued the following news release, dated April 11. David Heindel, quoted in the release and identified by his ITF title, also is secretary-treasurer of the SIU.
Agreement takes MLC into new stage
The ITF has praised today’s decision at the ILO (International Labor Organization) in Geneva to build on the success of the Maritime Labor Convention 2006 by including in it new mechanisms to tackle crew abandonment.
Over 300 maritime representatives addressed a joint proposal by seafarers’ unions and shipowners to address the issue of abandonment, and to ensure that flag states have in place a financial security system to provide abandoned seafarers with outstanding wages, repatriation and other reasonable costs until they arrive home.
There were 8,890 votes in favor of the proposal, none against, and 143 abstentions.
A further set of amendments was also voted on, regarding shipowners’ liability to ensure financial security is provided, certified and inspected, in order to deal with contractual claims in an expeditious way.
The amendments have been adopted and will now be submitted to the next session of the conference for approval.
David Heindel, chair of the ITF Seafarers’ Section, is the spokesperson for the organization at the Geneva session. He commented: “The MLC has entered a new generation today. We have always known that abandonment would be the priority for this stage two of the MLC, but to see that problem so widely recognized and marked for action has been inspiring.”
Speaking from the meeting, ITF President Paddy Crumlin said: “Today’s vote represents a genuine turning point for the convention. It proves that seafarers, shipowners and governments are committed to continuously reviewing the implementation of the MLC in order to ensure that it is a truly global and living instrument for the protection and benefit of all seafarers. Abandonment is a particularly dark stain on the industry and the new amendments are real and concrete relief for seafarers facing that dire predicament.”
FROM MARINE LINK:
***MLC Amendments Address Abandonments, Claims
Posted by Eric Haun
Friday, April 11, 2014
Governments, maritime employer representatives coordinated by the International Shipping Federation (ISF) and their counterparts from the International Transport Workers’ Federation (ITF) met this week at the International Labor Organization in Geneva for the first meeting of the Special Tripartite Committee (STC) established under the Maritime Labor Convention, 2006 (MLC, 2006). During the meeting, an agreement was reached for amendments to the Convention to ensure the provision of financial security systems to assist seafarers in the event of their abandonment and for compensation for seafarers’ contractual claims for death and personal injury.
ISF spokesperson Arthur Bowring, who led the Shipowner Group in the discussions, stated, “We believe that the first meeting of the MLC Special Tripartite Committee has been a watershed in the history of the Maritime Labor Convention. The MLC, 2006 is intended to bring social justice and fair competition to the Shipping Industry and the lack of a specific reference to abandonment in the mandatory instruments of ILO and IMO was an omission that needed comprehensive action. The first Special Tripartite Committee considered amendments developed over ten years by the Joint ILO and IMO working group and we believe that the outcome of our work this week is a significant achievement.”
He went on to explain, “Shipowners have a responsibility for seafarers under their contractual employment arrangements, and the problems created when the seafarers are abandoned needed specific legislative measures. The new amendments not only provide that safeguard but also recognize the role to be played by flag states and labor supply states.”
In fact only a very tiny proportion of the world’s seafarers experience the despair of abandonment but that does not make the occurrence any less serious for the affected seafarers and their families.
ISF members were particularly concerned to see the new ILO video explaining the case of the B Ladybug, where the crew has been without financial or welfare support from the shipowner for well over twelve months. This is the sort of deplorable situation that the new amendments to the MLC, 2006 will help to speedily address.
The STC meeting also clarified Standard A4.2 to ensure that contractual claims for death and personal injury are now appropriately covered.