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Issue 225 sep/oct 2013

Los artículos en español aparecen en las páginas 6 y 7

The Sea

Editor: Michael KeatingNews: David Hughes

The Sea is distributed free to seafarers through chaplains and seafarers’ centres. You can also arrange to receive it regularly at a cost of £3.50 or $5 per year (six issues). To find out more, contact:

Michael Keating, The Sea, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London, UK EC4R 2RL

Tel: +44 20 7248 5202

Email: [email protected]

www.missiontoseafarers.org

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Arctic voyage for IMO chiefpage 8

West Africa attacks on the risepage 2

Статьи на русском языке приводятся на стр. 6 и 7

New North Sea traffic lanes now open

New wave of projects aimed at benefiting seafarers

MLC: the industry reacts page 3

Registered charity in England and Wales: 1123613

The Mission to Seafarers Scotland Limited,Registered charity: SC041938

THE traffic routing system in the Dutch part of the North Sea has been changed significantly.

A number of Traffic Separation Schemes (TSS) have been revised and a new TSS has been introduced for the approaches to Amsterdam. New anchoring areas have been established and others have changed. The Dutch authorities say the changes were needed to ensure the future safety of shipping, to improve access to Amsterdam and Rotterdam, Europe’s busiest container port, and to allocate the marine space efficiently.

SEEN here at Tanjung Pelepas, Malaysia, the 18,270 teu Maersk Mc-Kinney Møller entered service in July. She is the lead ship of Maersk’s Triple E class and has the largest cargo capacity in teu of any ship yet constructed. At 399 metres the Maersk Mc-Kinney Møller is said to be the longest ship in service worldwide (Photo: Maersk)

Founded in 1856, and entirely funded by voluntary donations, today’s Mission to Seafarers offers emergency assistance, practical support, and a friendly welcome to crews in 260 ports around the world. Whether caring for victims of piracy or providing a lifeline to those stranded in foreign ports, we are there for the globe’s 1.3 million merchant seafarers of all ranks, nationalities and beliefs.

The Mission to Seafarers

SHIP management company association InterManager, whose members manage more than 250,000 of the world’s seafarers, has announced several projects aimed at benefiting ships’ crews.

These include taking part in an important research project into hours of rest, co-ordinated by Warsash College and funded by the Nippon Foundation, which aims to establish best practices for fighting fatigue among seafarers.

It is also involved in projects on: industry-wide psychometric profiling to identify key skills for onboard roles; cutting red tape; internet access on board for crew members; and a ‘plastic money’ solution for faster and safer crew payments.

InterManager says it is also working with industry partners to improve medical health and training for seafarers, particularly in the Philippines, and on projects that raise awareness of the issues surrounding lifeboat design, manufacture and operation.

TH E I n t e r n a t i o n a l Labour Organization’s ( I L O ’s ) M a r i t i m e

Labour Convention 2006 (MLC 2006) entered into force on August 20, establishing minimum working and living standards for crews on ships covered by it and, in practice, going a long way to ensure the same conditions for all seafarers.

MLC 2006 was designed to be applicable globally, easy to understand, readily updatable and uniformly enforced and will become the ‘fourth pillar’ of the international regulatory regime for quality shipping, complementing t h e k e y I n t e r n a t i o n a l Mar i t ime Organiza t ion (IMO) Conventions dealing with safety, security and environmental protection.

Countries that ratified the Convention before August 20, 2012 can now carry out inspections to make sure ships entering their ports are providing their crews with acceptable living and working

standards. Countries that ratified later than that can begin to inspect vessels for MLC 2006 compliance one year after ratifying.

When the Convention came into force on August 20, and effectively became binding in international law, it established minimum working and living standards for all seafarers on ships of ratifying countries. On August 20, ILO said 48 countries, had ratified the Convention, covering seafarers on more than 75 per cent of the world’s fleet by gross tonnage.

The Mission to Seafarers’ director of justice and welfare, the Revd Canon Ken Peters, said: “An equal system of justice for everyone from the first-time seafarer to the experienced shipowner is in place for the first time, and crews around the world know that the Mission is always on hand to provide practical support in their times of need.

“We now have a suite of Conventions that provide for

training and education, safety of life at sea, environmental i s sues and wel fare and working conditions.”

For the first time the comprehensive Convention sets out in one place seafarers’ rights to decent working and living conditions including, among others: minimum age; employment agreements; hours of work or rest; wage payment; annual leave; repatriation; medical care; recruitment and placement services; accommodation; food and catering; health and safety and accident prevention; and of seafarers’ complaint handling.

M L C 2 0 0 6 b r i n g s together many existing but not uniformly enforced requirements, establishing new standards for crew welfare. All seafarers stand to benefit because ships flying the flags of countries that have not ratified MLC 2006 are now likely to be subject to thorough inspections to make sure they meet its standards.

Ships flying flags of countries that have ratified MLC 2006 should have two documents on board to prove they comply with the Convention, a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance. This should mean that port state control officers would not normally need to carry out detailed inspections, unless they suspect non-compliance or hazardous conditions, either of which could lead to a ship being detained.

In practice it will take time for governments and shipping companies to get documents on ships and ILO has asked countries not to demand them for another year.

Countries which ratified MLC 2006 less than a year ago and those who have not yet ratified it can still intervene in cases of poor conditions on ships under the provisions of ILO Convention 147.

Find out more in our guide on pages four and five.

Change on the horizon as MLC 2006 becomes law

Maritime Labour Convention sets standards for decent working and living conditions for seafarers

www.missiontoseafarers.org

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Philippines ferry collision claims over 80 livesAT LEAST 81 people were killed when the Philippines inter-island ferry St Thomas of Aquinas collided with the cargoship Sulpicio Express 7 near the port of Cebu on 16 August. Nearly 800 were rescued. For more news on this story, please turn to page four.

2 the sea sep/oct 13

California gets tough

Officer ‘distracted’ by former lover in ferry sinkingTHE officer convicted of criminal negligence causing the deaths of two passengers aboard the Canadian Queen of the North in 2006 has been sentenced to four years in jail and banned from operating any vessel for ten years.

The prosecution said 59-year-old Karl Lilgert failed in his duties as navigating officer to keep the ship on course as it missed a scheduled turn and sailed towards Gil Island in Wright Sound.

The ship, which was carrying 101 people, hit the island and sank in bad weather. The bodies of the two passengers who died were never recovered.

It was alleged that Mr Lilgert was distracted by the presence of his former lover on the bridge, the quartermaster, Karen Briker.

British Columbia Supreme Court judge Sunni Stromberg-Stein said it was clear that the navigating officer’s relationship with Briker was a factor in the sinking. The judge added that Mr Lilgert had been guilty of “an extreme and catastrophic dereliction of duty”.

IMB chief warns of ‘under-reporting of attacks’

West Africa attacks rise

WO R L D W I D E , there have been f e w e r p i r a t e

attacks this year so far, with the number of attacks by Somali pirates dramatically reduced, according to the latest information from anti-maritime crime agency Internat ional Mari t ime Bureau (IMB).

The IMB’s Piracy Reporting Centre (PRC) recorded 138 piracy incidents in the first six months of 2013, compared with 177 incidents for the corresponding period in 2012. Seven hijackings have been recorded this year compared with 20 in the first half of 2012. The number of seafarers taken hostage also fell dramatically, down to 127 this year from 334 in the first six months of 2012. Somali piracy has fallen to its lowest levels since 2006.

However, despite this positive news, violent piracy and armed robbery of f the coast of West Africa is increasing, according to IMB’s global piracy report for the first half of this year.

Eight piracy incidents, including two hijackings, were recorded in the first six months of 2013, with 34 seafarers taken hostage briefly before being rescued by the

navies patrolling the area.Nevertheless, as of mid-

July, Somali pirates were still holding 57 crew members for ransom on three vessels. They were also holding 11 kidnapped crew members on land in unknown conditions and locations. Seven of these crew have been held since September 2010 and four since April 2010.

IMB says it attributes the significant drop in the frequency and range of attacks by Somali pirates to actions by international navies and preventive measures by merchant vessels, including the deployment of privately contracted armed security personnel.

IMB director Pottengal Mukundan said: “The navies continue to play a vital role in ensuring this threat is kept under control. The two vessels hijacked were recovered by naval action before the pirates could take them to Somalia. Only the navies can take such remedial action after a hijack. Denying the pirates any success is essential to a sustained solution to this crime. Pirates are known to be operating in these waters. Despite the temporary protection provided by the south west monsoon in some

parts of the Arabian Sea, the threat remains and vessels are advised to be vigilant and comply with the industry’s Best Management Practices as they transit this area.”

Meanwhile, in the Gulf of Guinea, in addition to a rise in piracy and armed robbery – 31 incidents in six months, including four hijackings – IMB reports a surge in kidnappings at sea and a wider range of ship types being targeted. It says: “This is a new cause for concern in a region already known for attacks against vessels in the oil industry and theft of gas oil from tankers.”

“There has been a worrying trend in the kidnapping of crew from vessels well outside the territorial limits of coastal states in the Gulf of Guinea,” said Mr Mukundan.

He noted that: “In April 2013, nine crew members were kidnapped from two container vessels, one of which was 130 nm from the coast. Pirates have used mother ships, some of which were smaller off-shore supply vessels hijacked by pirates, to conduct the attacks. There continues to be significant under-reporting of attacks – a phenomenon highlighted by the IMB year after year.

This prevents meaningful response by the authorities and endangers other vessels sailing into the area unaware of the precise nature of the threat.”

Armed pirates in the Gulf of Guinea took 56 seafarers hostage and were responsible for all 30 crew kidnappings reported worldwide in the first half of the year. One person was reported killed and at least another five injured. Attacks off Nigeria accounted for 22 of the region’s 31 incidents and 28 of the crew kidnappings.

Mr Mukundan applauded the signing of the Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in West and Central Africa in June 2013 by the heads of the West and Central African countries.

He stressed, however, that this should lead quickly to “action on the water”. He warned: “If these attacks are left unchecked, they will become more frequent, bolder and more violent. Co-operation and capacity building among the coastal states in this region is the way forward and urgently needed to make these waters safe for seafarers and vessels.”

THE California Air Resources Board (ARB) has fined three shipping companies, Höegh Autoliners Shipping, NCN Corporation and Twin Phoenix Shipping, a combined US$440,250 for failing to switch from what it describes as “dirty bunker” fuel to cleaner, low-sulphur marine distillate fuel on entering the US state’s regulated waters.

California says it conducts over 500 ship inspections each year, checking for proper fuel usage, record-keeping and other compliance requirements, and takes marine gas oil or marine diesel oil samples for submission to the ARB laboratory to ensure they meet California standards for sulphur.

ARB enforcement chief Jim Ryden said: “Ships en route to California ports emit thousands of tons of diesel exhaust each year. Our regulation requiring ocean-going vessels to switch to cleaner fuel within 24 nm of our

These statistics go some way to illustrate the problem but under-reporting persists, according to IMB

Oil spill searchesSOME 700 vessels were monitored by five aircraft from Algeria, France, Italy, Morocco and Spain recently as part of a Co-ordinated Aerial Surveillance Operation for illegal ship pollution discharges in the Western Mediterranean.

The main objective of OSCAR-MED 2013 was to enhance co-operation in the region in order to combat illegal ship pollution.

The operation was co-ordinated by the Spanish Maritime Safety Agency (SASEMAR) through its Maritime Rescue Co-ordination Centre in Palma de Mallorca.

shoreline protects all California residents, especially those in port communities, from this air pollution.”

THE UK Government issued the highest possible security alert to shipping companies operating off the coast of Yemen in August, as Western Governments took additional anti-terror measures throughout the Middle East. The moves were in response to intelligence of a heightened risk of a terrorist attack from an Al-Qaeda offshoot in the region.

The UK’s Department for Transport issued an International Ship and Port Facility Security (ISPS) code “level three” warning about Yemen, which warns of a “probable or imminent risk of a security incident”.

Maritime security company Gulf of Aden Group Transits (GoAGT) said such an alert was unprecedented since the introduction of the ISPS code in 2004. GoAGT’s chief operating officer, Gerry Northwood, warned that oil platforms, cargoships and even cruise ships could be at risk of attack by terrorists off Yemen based on threats coming from Yemen, Egypt and Somalia.

He said: “The resurgence of Al-Qaeda and affiliate organisations is occurring alongside some of the world’s most strategically vulnerable and crowded waterways. The largely unforeseen consequence of the Arab Spring is that it has given terrorist groups a new lease of life and the means to do real harm to maritime activity in the Mediterranean, the Suez Canal and at other key strategic choke points.”

The anti-maritime crime agency International Maritime Bureau told The Sea it still believed that piracy and terrorism in and around the Indian Ocean were quite separate things and that piracy was motivated by money and not political aims.

Shipping terror threat

Iron ore warningTHE marine liability insurers’ body, the International Group of P&I Clubs, has warned members that cargoes of iron ore concentrate or fines presented for loading at the port of Yuzhny, Ukraine, have been rejected because of moisture contents exceeding the Transportable Moisture Limit (TML), as defined in the International Maritime Solid Bulk Cargoes (IMSBC) Code.

These cargoes are Group A cargoes under the IMSBC Code and are therefore liable to liquefy if the moisture content exceeds the TML and endanger the ship.

New turbine engine CANADIAN-BASED company GrünSpider says it has designed a new engine, the Saizew Turbine, which is more than 50 per cent energy efficient, putting it on a par with low-speed diesel engines.

The new engine has been designed over the last 20 years by GrünSpider’s president, Udo Saizew. It is claimed that the Saizew Turbine costs half as much and is only half the size of comparable turbines, and could be used to power vessels.

According to the company, compared to today’s engines of equal power, the Saizew Turbine will run at a third of the speed but have three times the torque and it will also halve: fuel consumption; carbon footprint; engine size; weight; number of parts; and the cost of building and maintenance.

THREE Somali men have been sentenced to life imprisonment in the US for their part in the February 2011 murder of four Americans on board the sailing vessel Quest. Ahmed Muse Salad, 25, Abukar Osman Beyle, 20, and Shani Nurani Shiekh Abrar, 29, were each found guilty of 26 counts including: piracy; conspiracy to commit kidnapping; hostage-taking resulting in death; kidnapping resulting in death; and multiple firearms offences.

Salad, Beyle, Abrar and others, armed with firearms and a rocket-propelled grenade (RPG), boarded the Quest while the four Americans slept on 18 February, 2011. They gained control of the vessel and took the four American citizens as hostages, intending to take them to Somalia and demand a ransom for their release.

The United States Navy intercepted the Quest and the Navy and the FBI began negotiating with the pirates to secure the safe release of the hostages. On 21 February, 2011 two co-conspirators representing the pirates on board the Quest, were transferred to the warship USS Sterett to negotiate.

The negotiations reached an impasse when the pirates were told they were not going to be allowed to take the hostages ashore in Somalia. The pirates were detained after they refused to release the hostages and threatened to kill them if they were not allowed to return to Somalia.

The next day an RPG was fired at the Sterett and during an exchange of gunfire the pirates deliberately killed their hostages.

The pirates were then captured by US Special Forces.

Pirates get life sentences

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sep/oct 13 the sea 3

Sea Diamond sinking case results in jail sentences

The new standards created by the Maritime Labour Convention took effect on August 20

Shipping industry reacts to new labour laws

Conflicting evidence in Prestige trial

THE imminent entry into force of the Maritime Labour Convention 2006 (MLC 2006) was the cause of a lot of activity in the shipping industry in the months running

up to its entry into force on August 20.While MLC 2006 is intended to bring together existing

requirements rather than create new ones, seafarers’ welfare is likely to be given a much higher profile and issues rarely considered until now are likely to emerge.

As a result, many companies, regulatory groups and industry authorities have been busy creating materials and initiatives to help raise awareness of the changes it has caused.

The International Chamber of Shipping has issued guidelines on what ships should do to show port state control officers that they comply with MLC 2006. These can be accessed at www.ics-shipping.org/ilo-mlc.htm

The UK P&I Club and Lloyd’s Register have also released an MLC 2006 checklist for masters, officers and managers to help them prepare for ship inspections under the new rules. The two organisations have also released a smartphone app.

In response to the changes, the Liberian Registry – the first flag state to ratify MLC 2006 – has launched an online Maritime Labour Complaint Resolution Form for seafarers.

In a statement the flag administration says that seafarers are encouraged to use the ship’s onboard complaint procedures to resolve matters at the earliest possible opportunity, in accordance with MLC 2006. However, in the event that a complaint is unable to be resolved on board, Liberia says it has provided the online form to help seafarers resolve all

“genuine and valid complaints”. It adds that it will take “all necessary steps to investigate complaints and ensure that appropriate measures are taken to rectify any deficiencies” and that information given by seafarers in complaints will be treated as strictly confidential.

The Liberian Registry’s Maritime Labour Complaint Resolution Form can be accessed at www.liscr.com

In one launch designed to tackle a more specific area of MLC 2006, one company has created potable water testing kits, designed to meet the “regulations on drinking water which come into force” with MLC 2006.

Martek Marine said that guidelines on the provision of drinking water at sea had been provided by numerous bodies, including the World Health Organization (WHO), the International Labour Organization and various national health organisations and maritime bodies.

The company comments: “Though well-intentioned, the current guidelines [those existing before August 20] are largely ineffective because they vary so widely and are therefore difficult to implement and enforce. We don’t understand why it’s being made to seem so difficult to get your vessels compliant. The introduction of overarching regulation set out in the MLC 2006 and by the World Health Organization governing seafarers’ rights is expected to address this.”

As the dust settles and the industry begins to examine the impact of MLC 2006, it is certain that more innovations and products will appear on the market in response to seafarers’ changing needs.

VERDICTS are awaited the trial of the master of the tanker Prestige, which sank off the Span-ish coast in 2002. The court heard conflicting accounts of who knew what about the condi-tion of the ship and who was responsible for the resulting oil pollution disaster.

The ship’s chief engi-neer and the then head of the Spanish maritime administration are also on trial. The prosecution has called for up to 12 years in jail for all three.

Captain Apostolos Mangouras, now 78, blamed the Spanish authorities for refusing to allow the ship to take shelter after suffering hull damage in bad weather.

THE master of the Louis Hellenic Cruises cruise ship Sea Dia-mond, which hit a reef and sank near the is-land of Santorini in the Aegean Sea in 2007, has been sentenced to 12 years in prison for serial involuntary man-slaughter and causing a shipwreck.

Six other crew members and an employee of classifi-cation society DNV also received jail terms of varying lengths for their parts in the incident, in which two passengers died.

According to press reports it is unlikely that anybody will actually serve time in prison and all the de-fendants are appealing the decision. It could be two years before the appeals are heard.

MOL bunker to the rescueON July 4 in the Pacific Ocean about 70 nm North West of the Chuuk Islands, the Mitsui O.S.K. Lines-owned and oper-ated bulk carrier Myoken rescued four Microne-sians aboard a small boat that was adrift with engine trouble.

The Myoken was bound for Japan after sailing from Brisbane, Australia, when it received an emergency signal from the disabled boat. It immediately changed course to res-cue the stranded crew.

HK bulker detained because of fire danger

THE International Seafarers’ Welfare Assistance Network (ISWAN) is now accepting nominations for the 2014 International Seafarers ’ Welfare Awards. The awards were created to recognise excellence in the provision of welfare services to crews, and seafarers can nominate their Shipping Company of the Year, Port of the Year, and Seafarer Centre of the Year.

Seafarers, organisations and individuals can also nominate candidates for the Welfare Personality of the Year award, which was shared last year by Fr Giacomo Martino (Apostleship of the Sea,

Italy) and the Revd Dennis Claughton (The Mission to Seafarers, Australia).

This year, ISWAN has made the process easier and seafarers can vote online at www.iswan.org. Voting is open now.

Roger Harris, executive director of ISWAN, said: “You can help promote seafarers’ we l fa re and encourage others to provide new and improved services by making a nomination. These awards only work with your support.”

The award s w i l l b e held on April 7 2014 at the International Labour Organization (ILO) in Geneva.

THE US Coast Guard detained the 27,172 dwt Hong Kong-flag bulk carrier Great Success on August 2 at Longview, Washing-ton state in the US, for “numerous safety violations”.

The action followed routine inspections of the Sinotrans-managed vessel at Longview and at Kalama, which is also in Washington.

Most of the ship’s safety failures related to fire danger and included excessive oil and oily water mixture in the bilges, exces-sive oil in the engine room, and oil-saturat-ed lagging insulation throughout the engine room.

Inspectors found that the emergency fire pump was leaking water and flooding the emergency fire pump room.

The condition of the incinerator posed a significant fire haz-ard and could not be tested safely due to oil-saturated lagging insulation on the in-cinerator and pooling of oil in the immediate vicinity.

All three generators and the boiler burner had active lube oil leaks, causing pooling of lube oil beneath the equipment.

A fire door within the purifier flat could not be opened from inside the space, which meant that potentially, crew members could be trapped inside.

The 1998-built vessel had loaded and was scheduled to sail for Japan prior to her detention.

New legal services charter launched to help seafarersSEAFARERS’ Rights International (SRI) has launched a Charter of Good Practice for the Provision of Legal Services to Seafarers. The independent centre, which is dedicated to advancing the rights of seafarers, will keep a list of lawyers who subscribe to the charter.

The new charter is a set of professional ethics that takes into account the particular concerns of seafarers and binds lawyers to treating seafarer clients in a consistent way.

“For seafarers, seeking the advice of a lawyer can be one of the most stressful events of their career,” said Deirdre Fitzpatrick, executive director of SRI.

“Not only are they dealing with the effects of the incident that has led them to that point, but they are also pursuing a course of action which too often seems fraught with confusion, difficulties and worries about expense.

“The first hurdle often is to find a

reputable lawyer who is knowledgeable about seafarers’ rights’ issues, and who is willing and able to represent the seafarer at a reasonable cost.

“We hope it can assist seafarers to have access to a list of lawyers who have signed up to and accepted that they are bound by the principles in the charter.”

More information on the new charter can be found at www.seafarersrights.org

The Revd Dennis Claughton and Fr Giacomo Martino with IMO secretary-general Koji Sekimizu at the 2012 welfare awards ceremony in London (Photo: Chris Sowe)

Seafarers’ welfare award voting now open to crews

The quality of life of seafarers may improve thanks to MLC 2006’s new requirements (Photo: Jamie Smith)

Fatigue dangersFATIGUE poses a risk to the safety of shipping and to the health of seafarers, maritime union Nautilus has warned.

At a discussion about Project Horizon, a study of how seafarers’ work is affected by watchkeep-ing patterns, the union’s senior national secretary, Allan Graveson, said excessive working hours were leading to “pre-ventable” accidents and put seafarers “at risk of higher rates of heart dis-ease, diabetes and high blood pressure”.

Clyde & Co part-ner Paul Newdick said: “Ships would be safer if seafarers had more rest, but you need more peo-ple on board, and that will cost money.

“This is about polit-ical will and it is about cash and until the two coincide, not a lot will change.”

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NEWS MICHAEL GREY

MICHAEL KEATING

MLC 2006: what does it all mean for crews?

Actions speak louder than wordsMLC 2006 entered into force on August 20 – but will it make a difference? That all depends on how seriously shipowners and ship inspectors take it, suggests Michael Grey

THE Maritime Labour Convention (MLC 2006) is an international set of rules designed to create a decent standard of living for the world’s seafarers and to improve fair com-petition for quality shipowners.

MLC 2006 has been ratified by 46 countries representing over 75 per cent of the world’s gross ton-nage of ships.

On August 20, MLC 2006 be-came law for the countries that had ratified it before August 20, 2012. Countries that have ratified since then have one year from their date of ratification to bring their local laws and standards in line but will in the meantime be subject to in-spections in other countries.

What does it mean?By combining over 68 earlier

conventions, it gathers seafarers’ basic rights in one place and cre-ates on board and on shore com-plaints procedures if they think anything is wrong.

MLC 2006 gives governments and inspectors more power to en-force rules if they feel a shipowner is mistreating its crew or if a ship is not up to standard. Inspectors are obliged to examine seafarers’ work-ing and living conditions on board ships if they enter a port in a coun-try that has ratified MLC 2006. Ships flying the flag of a country that has not ratified MLC 2006 will still be subject to inspection.

Who does it help?MLC 2006 covers anyone work-

ing on board a ship operating on commercial activities on interna-tional voyages. This means that all staff working on cruise ships are covered, as are cadets.

Seafarers on fishing vessels, war-ships or naval auxiliaries, ships of “traditional build” (such as dhows) and those which navigate exclu-sively in inland waters (such as lakes, rivers or canals) are not cov-ered. The ILO is now attempting to pass a convention for fishers.

What does it do?Specifically, MLC 2006 covers

five “titles”:

1. minimum requirements for sea-farers to work on a ship;2. conditions of employment;3. accommodation, recreational facilities, food and catering;4. health protection, medical care, welfare and social security projec-tion; and5. compliance and enforcement.

But what do these mean for seafarers? We’ve explained some of the most important aspects below.

These are intended as a rough guide. Before taking any action please check this guide against the Convention’s text which is online at www.ilo.org/mlc

Employment contracts (SEAs)Seafarers’ employment agree-

ments (SEA) will need to include information on the employer and seafarer. It will also need to include conditions for the termination of the contract, repatriation rights and health and social security pro-tection benefits details.

Seafarers must be allowed to read contracts before signing them and be given a copy in their own language and in English should dis-putes arise.

WagesSeafarers will have to be paid

regularly at no more than month-ly intervals so that they can plan their finances – especially impor-tant for those supporting fami-lies at home. Payment schedules should be in line with a seafarer’s SEA. Employers should allow sea-farers to transfer part or all of their wages automatically.

Hours of work and restSeafarers should not be asked

to work for more than 14 hours in any 24-hour period, and no more than 72 hours in any 7-day peri-od. Exercises such as training or lifeboat drills can be included in rest periods.

The minimum hours of rest shall not be fewer than 10 hours in any 24-hour period and 77 hours in any 7-day period.

MLC 2006 has been making waves in the shipping industry, but what does it mean for seafarers? Michael Keating explains

It seems to have been long enough coming, but at last the Maritime Labour

Convention (MLC 2006) has come into force, recognised by all as the ‘fourth pillar’ of mari-time regulation and by some as “the seafarers’ bill of rights”. It is being introduced with high hopes, the Convention being centred on the provision of ‘decent work’, which in the case of seafarers who live on the job, means decent living conditions as well.

It has been produced by the International Labour Organi-zation (ILO) with the enthusi-astic support of governments, seafarers’ organisations and shipowners, so it might be thought to have arrived with widespread goodwill. Given such consensus, it is clear that there is nothing even remotely unreasonable in this important convention. But will it work? Will it “do what it says on the tin”?

Like SOLAS, MARPOL and the STCW Conventions before it, MLC 2006 will achieve its aims just as long as sincerity and professionalism are exhib-

ited by everyone involved. It is global in scope and ambition, designed to provide a level playing field in which all parts of the shipping industry, and that includes its workers, are able to operate and flourish.

It has also been designed for uniformity of enforcement, so that the globe-girdling merchant ship will not face different standards as it moves from port to port and country to country. And that is where the sincerity and professional-ism enter the equation, as the inspection regime gets to grips with both the certification pro-cesses and the establishment of compliance through port state inspection.

Inspectors, whether they represent authorities issuing the all-important paperwork (the Maritime Labour Certif-icate and the Declaration of Maritime Labour Compliance), or they are port-state control inspectors boarding visiting ships, have quite specific responsibilities. It is clear that well organised companies, which have engaged with the process early on, have little to

fear, as have those seafarers who work for them.

But as any professional surveyor will suggest, you will not need a rigorous inspection to indicate a problem ship. Simple cleanliness indicates a good condition, in the same way a large cockroach scur-rying around the deck speaks volumes. Similarly, the gen-eral demeanour of a crew will also be a useful indicator as to whether this is a good and fully compliant ship or some-thing which requires further investigation.

The condition of the ship will indicate the attitude of shipping companies, the dili-gence of shipmasters, superin-tendents and managers, even the motivation of the crew members, who, of course have their own responsibilities in respect of their personal docu-mentation.

What are the worries, as the new Convention takes effect? Some revolve around the possi-bility of corruption, in coun-tries where this is endemic, with certificates being issued by corrupt or incompetent flag

Engineer slips up over oily water lies

A CHIEF engineer who lied to the US Coast Guard (USCG) about oily waste discharges and told his staff to do the same has been fined US$10,000 and sentenced to three years’ probation.

He admitted that he tried to influence a USCG inspection by telling the crew to lie in order to prevent inspectors detecting that hoses and a pump had been used to carry out illegal discharges.

Inigo Albina, a 57-year-old Philippines citizen, was the chief engineer of the tanker Stolt Facto from October 2012 until January 30 this year. He made and signed all the entries in the Oil Record Book which stated that the bilge water on the vessel had passed through

the Oil Water Separator (OWS) prior to being discharged overboard.

However, the contents of the bilge wells and bilge holding tank were actually pumped into the sewage holding tank with hoses that stretched upward on to the uppermost deck of the engine room and around the floor of the engine control room, bypassing the OWS. From the sewage holding tank, the bilge water was discharged into the ocean.

In January the USCG inspectors boarded the vessel while she was anchored in the Mississippi River, near New Orleans and found the hoses and pump used to bypass the OWS. When the Coast Guard

inspectors questioned the engine room crew about the purpose of the equipment and the operation of the OWS, all except one engineer denied that they bypassed the OWS, despite some of them having been ordered to assist with the connection of the hoses and pumps.

After the inspectors’ initial interviews with the engine crew, Mr Albina asked each one what he had said. He then held an all-hands meeting with the engineer officers and ratings. Although the illegality of the operation was discussed, Mr Albina told everyone in the meeting to deny knowledge of the hoses going to the sewage holding tank and bypassing the OWS.

AT LEAST 81 people died when the 40-year-old Philippines inter-island passenger ferry St Thomas of Aquinas sank within minutes after a collision with the cargoship Sulpicio Express 7 in the approaches to the central Philippine port of Cebu.

As the The Sea went to print more than 50 others were still unaccounted for. Over 730 had been rescued. Coastguard and military vessels took part in a search operation that was hampered by rough seas.

The BBC’s South East Asia cor respondent , Jonathan Head, reported that the official

investigation was likely to focus on whether the narrow lanes approaching Cebu harbour were used incorrectly.

However, this latest disaster is likely to once again put the spotlight on Philippine ferry safety and the use of old ships with poor stability c h a r a c t e r i s t i c s t h a t a r e vulnerable to capsizing if the car decks are flooded.

The general secretary of Anglo Dutch seafarers’ union Nautilus, Mark Dickinson, said the incident highlighted the global variation in safety standards for ferries.

Mr Dickinson said: “This ferry would not be allowed to operate in northern Europe, and it is scandalous that the world seems ready to tolerate second-class rules for different regions.”

Mr Dickinson sa id a l l ferries which did not meet the International Maritime Organization’s Safety of Life at Sea Convention 1990 and the Stockholm standards, which were adopted in response to the Herald of Free Enterprise and Estonia disasters, ought to be withdrawn and all newbuild vessels should be constructed to reduce the risk of capsize.

A USCG team inspect a ship’s holding tanks on a routine investigation (Photo: USCG)

Philippines ferry disaster claims over 80 lives: rescue operation saves hundreds





The cargoship Sulpico Express 7 after its collision with St Thomas of Aquinas (Photo: Reuters)


MLC 2006: what does it all mean for crews?

Actions speak louder than wordsMLC 2006 entered into force on August 20 – but will it make a difference? That all depends on how seriously shipowners and ship inspectors take it, suggests Michael Grey

Employment contracts (SEAs)Seafarers’ employment agree-

ments (SEA) will need to include information on the employer and seafarer. It will also need to include conditions for the termination of the contract, repatriation rights and health and social security pro-tection benefits details.

Seafarers must be allowed to read contracts before signing them and be given a copy in their own language and in English should dis-putes arise.

WagesSeafarers will have to be paid

regularly at no more than month-ly intervals so that they can plan their finances – especially impor-tant for those supporting fami-lies at home. Payment schedules should be in line with a seafarer’s SEA. Employers should allow sea-farers to transfer part or all of their wages automatically.

Hours of work and restSeafarers should not be asked

to work for more than 14 hours in any 24-hour period, and no more than 72 hours in any 7-day peri-od. Exercises such as training or lifeboat drills can be included in rest periods.

The minimum hours of rest shall not be fewer than 10 hours in any 24-hour period and 77 hours in any 7-day period.

Holiday Seafarers are entitled to paid

holiday time, which works out to 2.5 days for each month of em-ployment.

Shore-based welfare facilitiesSeafarers should have access

to shore-based welfare facilities in order to help maintain their physical and mental health and wellbeing. Flag states must ensure that shore-based welfare facilities in their ports are easily accessible to all seafarers regardless of where they or their ship comes from.

Medical careSeafarers have the right to

access on board health care, includ-ing dental care and to visit medical personnel while in port. Medical records and certificates, issued by a qualified medical professional, should be kept on board.

AccommodationOn board accommodation must

be in a safe area on board and must be well ventilated and insulated. Individual sleeping rooms should be provided and crews should also have personal storage space.

Food Food and water must be avail-

able on board to seafarers free of charge. It must be prepared in clean, specially designated areas.

Health and safety Seafarers’ work environments

must have regular risk assessments and there should be an on board system for reporting accidents. Seafarers should know which crew members are responsible for their protection in the event of certain incidents, and they should know the locations of on board personal protective equipment.

Manning levelsThe MLC requires ships to be manned by a crew that is adequate in terms of size and training stand-ards in accordance with a ship’s safe manning document.

Minimum ageThe minimum to work at sea

is 16. Seafarers working overnight must be 18 or over unless engaged in a recognised training pro-gramme.

Recruitment and placementShipowners are not required

to use recruitment and placement services and can directly employ seafarers. If however they do use a service it must conform to MLC 2006 standards.

Recruiters cannot charge sea-farers for placing them, but can claim costs for medical certificates, passports or a national seafarer’s book. Visa costs must be paid by shipowners.

TrainingSeafarers should be trained

and qualified to perform on board duties. They must also be given personal safety training.

RepatriationFlag states must now ensure

that seafarers can be repatriated. Seafarers may be repatriated by their employer, but in the case that does not happen, responsibility eventually falls to the flag state.

Seafarers should be repatriated by flag states if their SEA expires while they are abroad; if a SEA is terminated for a justified reason; if they are no longer able to carry out their duties through illness or inju-ry; or in the event of shipwreck.

Injuries or accidentsSeafarers are entitled to com-

pensation resulting from injuries, financial loss or unemployment arising from a ship’s loss or found-ering. They are also entitled to financial support if they suffer an injury or disability carrying out their duties. Medical care must also be covered if necessary.

Enforcement and inspectionsShips flying the flag of a coun-

try that has ratified MLC 2006 should have a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance on board at all times. If an inspector

finds that a seafarer’s living and working conditions are breached, they can withdraw a ship’s Mari-time Labour Certificate. This can lead to the ship in question being arrested until MLC 2006’s mini-mum standards are reached. To minimise the risk of this happen-ing the ship master should notify authorities of issues before they arrive in ports.

What do you do if something’s wrong?

Ships are required to have an on board complaints procedure in case anything goes wrong. Seafar-ers should be given a copy of this when arriving on board, so that they know who to speak to should an issue arise. MLC 2006 aims to have all complaints resolved at the lowest level, but seafarers are allowed to appeal directly to ship’s master or external organisations ashore such as unions or welfare organisations such as The Mission to Seafarers. Seafarers should also be given the right to be represented and should be able to receive im-partial advice should they need it.

More informationThis is a rough guide to MLC

2006. If you feel that you need to take any action, please check this guide against the full text of the Convention, which is available at www.ilo.org/mlc, before doing so.

MLC 2006 has been making waves in the shipping industry, but what does it mean for seafarers? Michael Keating explains

fear, as have those seafarers who work for them.

But as any professional surveyor will suggest, you will not need a rigorous inspection to indicate a problem ship. Simple cleanliness indicates a good condition, in the same way a large cockroach scur-rying around the deck speaks volumes. Similarly, the gen-eral demeanour of a crew will also be a useful indicator as to whether this is a good and fully compliant ship or some-thing which requires further investigation.

The condition of the ship will indicate the attitude of shipping companies, the dili-gence of shipmasters, superin-tendents and managers, even the motivation of the crew members, who, of course have their own responsibilities in respect of their personal docu-mentation.

What are the worries, as the new Convention takes effect? Some revolve around the possi-bility of corruption, in coun-tries where this is endemic, with certificates being issued by corrupt or incompetent flag

state authorities, or inspection regimes treating MLC 2006 as just another source of income from visiting ships, as their inspectors discover documen-tary discrepancies, or other problems with which to harass the master. Others are con-cerned with administrations

‘gold-plating’ the Convention requirements to make it more onerous for ships flying their flag. Some issues of interpreta-tion may arise, aboard special ships, or involving people whose status as seafarers might be considered ambiguous.

All sides of industry are

hoping that MLC 2006 really will make a difference, forcing the bad practitioners either to leave the business of ship operation, or to drastically raise their game to acceptable standards.

It would be good to think that the clear recommen-

dations of the Convention regarding shore leave and access to shore facilities when in port will make a difference, especially in those parts of the world which refuse shore leave or put ridiculous barriers in seafarers’ way. It would be a great advance if the guidelines for the provision of welfare facilities in port were enthu-siastically adhered to, rather than grudgingly provided, or ignored.

It is worth noting that the authors of the Convention have made provision for the ILO to monitor its workings, with governments required annually to report progress in respect of its compliance. Flag states have real responsibilities here. And if a flag state is ex-periencing problems, perhaps because of its lack of resources, the ILO has a mechanism to provide technical assistance to bring it up to scratch.

There may be problems which will initially arise because there are still a lot of countries which have yet to ratify the Convention, but whose ships will be inspected

regardless on the important principle of uniformity of en-forcement. This hopefully will encourage countries to speed up their ratification processes.

It has been suggested that MLC 2006 will be treated not unlike other regulatory elements, enthusiastically implemented by the best ship-ping companies, which always do everything as well as they can, stolidly complied with by the ‘average’ operation, which will try and stay legal, and the subject of evasive efforts by the sub-standard minority which cause everyone such trouble.

Looking on the bright side, it will enable the best to be even better, with their qual-ity serving as a magnet for the best employees and their evident prosperity encouraging migration from the “average” operators.

Decent work and living conditions will go a long way to assist the seafaring popu-lation in the enjoyment of esteem and respect, which might be thought another very important aim of this timely Convention.

The MLC’s effectiveness depends on everyone getting on board (Photo: Simon Dharmaraj)






JUSTICE MATTERS BY DOUGLAS STEVENSON

Abandonment and the Maritime Labour ConventionTHE world’s economies depend on merchant shipping, and merchant shipping depends on seafarers. Seafaring can provide very attractive and satisfying careers for skilled and responsible men and women. The rewards of sea-going careers are many, but there are occupational risks as well. Seafarers have long endured lonely separations from family and friends, and they have faced the perils of nature, wars and pirates. But, the peril of being abandoned with their shipmates on their ship in a far away port is particularly disheartening. Being abandoned and having to rely on charity for their basic needs can be a demoralising experience for proud hard-working seafarers.

The Maritime Labour Convention, 2006 (MLC 2006), which came into force for many nations on August 20, 2013, attempts to protect seafarers from being abandoned in several ways. Regulation 2.2 and Standard A2.2 require shipowners to pay seafarers their wages and other entitlements at least once a month. Regulation 3.1 and Standard A3.1 require shipowners to provide with decent accommodation and recreational facilities on their vessels for seafarers. Regulation 3.2 and Standard A3.2 require shipowners to provide seafarers decent food and water that is appropriate in quality, nutritional value, quantity, and variety, taking into account seafarers’ cultural and religious backgrounds. Regulation 4.2 and Standard A4.2 require

shipowners to provide medical care to seafarers for any illness or injury incurred while they are employed. Regulation 2.5 and Standard A2.5 require shipowners to maintain financial security for repatriating their crews and to repatriate them when their contracts are completed. If shipowners fail to repatriate their crews, the ship’s flag state must arrange to repatriate them, and it may recover their expenses from the shipowner. If the flag state fails to repatriate crews from ships flying their flag, then the port state or the seafarers’ home country may repatriate them and recover their costs from the flag state.

While MLC 2006 goes a long way to protect seafarers from abandonment, its measures depend on a shipowner being present and fulfilling their legal obligations. MLC 2006 places an obligation on the flag state to step in for an absent shipowner to repatriate an abandoned crew, but it doesn’t provide a mechanism for lodging, feeding, providing medical care for, or paying wages to seafarers who have been abandoned by their ship’s owner. Furthermore, seafarers are extremely reluctant to leave their vessel without being paid their earned wages, believing that their vessel provides security for their unpaid wages.

In 2008, the International Labour Organization (ILO) and the International Maritime Organization (IMO) assigned

a joint IMO/ILO working group to agree on principles for drafting a mandatory instrument to protect seafarers from being abandoned. In March 2009, the working group proposed that MLC 2006 be amended as soon as possible after coming into force. The proposed amendments would prevent, or ease the effects of, abandonment by creating a rapid and effective financial security system to help abandoned seafarers. Features of the financial system would include: Abandoned seafarers would have direct access to the financial system to pay for adequate food, clothing, accommodation, necessary medical expenses, and up to four months’ wages. Abandonment would be defined as the shipowner failing to pay for repatriation, leaving a seafarer without necessary maintenance and support, cutting ties with the seafarer, or failing to pay wages for two months. The ship’s flag state would require the shipowner to provide documentary evidence of financial security that would be readily available to seafarers and port state control.

The MLC created a Special Tripartite Committee to keep the Convention under continuous review. It is to be hoped the abandonment amendments to MLC 2006 will be considered when the committee meets early in 2014.

La figura del abandono y el MLCLAS economías de países del mundo entero dependen de la marina mercante, y la marina mercante depende de la gente de mar. La marina mercante ofrece oportunidades laborales muy atractivas y satisfactorias para hombres y mujeres capaces y con sentido de la responsabilidad. Las recompensas de una carrera profesional en el mar son numerosas, pero también hay riesgos. Desde tiempo inmemorial, la gente de mar se ha enfrentado a largos periodos lejos de sus familiares y migos y ha tenido que sufrir la furia de los elementos, conflictos bélicos e incursiones piratas. Pero de todos los peligros que acechan a la gente de mar, uno de los más desoladores es quedar abandonado con el buque y toda su tripulación en un puerto lejano. Ser abandonado y tener que recurrir a la beneficencia para sobrevivir es una experiencia profundamente traumática para personas tan orgullosas y trabajadoras como la gente de mar.

El Convenio del Trabajo Marítimo de 2006 (MLC), que entró en vigor en muchos países el 20 de agosto de 2013, introduce diversos mecanismos para proteger a la gente del mar frente al abandono. La Regla 2.2 y la Normativa A2.2 exigen que el armador abone los salarios y otros derechos de la gente de mar con una periodicidad mensual como mínimo. La Regla 3.1 y la Norma A3.1 exigen que el armador proporcione a la gente de mar alojamiento digno e instalaciones de esparcimiento a bordo. La Regla 3.2 y la Norma A3.2 exigen que el armador ofrezca a la gente de mar agua potable y alimentos de buena calidad, nutritivos, en cantidad suficiente, variados y atendiendo a la diversidad cultural y religiosa de la tripulación. La

Regla 4.2 y la Norma A4.2 exigen que el armador proporcione asistencia médica a la gente de mar en caso de enfermedad o lesión acaecida durante su período de contratación. La Regla 2.5 y la Norma A2.5 exigen que el armador garantice los fondos necesarios para repatriar a la gente de mar cuando finalicen sus contratos. Si el armador no lo hace, el estado de bandera debe organizar la repatriación de la gente de mar y podrá recuperar su costo del armador. Si, a su vez, el estado de bandera no repatría a las tripulaciones de los buques que enarbolen su pabellón, los estados portuarios o los estados nacionales de la gente de mar podrán encargarse de ello, y recuperar después su costo del estado cuyo pabellón enarbole el buque.

Si bien el MLC contribuye en gran medida a la protección de la gente de mar frente al abandono, las medidas que establece se basan en que el armador esté presente y satisfaga sus obligaciones legales. Es cierto que el MLC estipula que el estado de bandera del buque debe actuar en caso de que el armador no lo haga, y se encargue de repatriar a las tripulaciones abandonadas, pero lo que no hace es instaurar un mecanismo para alojar, alimentar y proporcionar asistencia médica a la gente de mar abandonada por su armador. A esto hay que añadir que la gente de mar por lo general son muy remisos a abandonar el buque sin haber cobrado los salarios que se les adeudan, ya que consideran que su presencia en el buque supone un cierto nivel de garantía de pago.

En 2008, la Organización Internacional del Trabajo (OIT) y la Organización Marítima Internacional (OMI) crearon un grupo de trabajo

conjunto OIT/IMO con el fin de acordar los principios para elaborar el borrador de un instrumento obligatorio de protección de la gente de mar frente al abandono. En marzo de 2009, el grupo de trabajo propuso enmendar el MLC en este sentido lo antes posible después de su entrada en vigor. Las enmiendas que el grupo de trabajo propone contribuirían a evitar el abandono, o a limitar su impacto, mediante la creación de una garantía financiera para ayudar de forma rápida y eficaz a la gente de mar abandonada. Algunas de las características de dicha garantía financiera serían las siguientes: La gente de mar abandonada tendría acceso directo a la garantía financiera para gastos razonables de vestimenta, alimentación, alojamiento, asistencia médica y hasta un máximo de cuatro meses de salario. Se considerarían situaciones de abandono las siguientes: que el armador no costee la repatriación y deje a la gente de mar sin medios de subsistencia; que el armador rompa los lazos con la gente de mar; y que el armador no pague los salarios de la gente de mar dos meses consecutivos. El estado cuyo pabellón enarbole el buque exigiría pruebas documentales de la garantía financiera, que estarían a disposición de la gente de mar y de los mecanismos de control del estado portuario.

El MLC creó un Comité Especial Tripartito encargado de la evaluación constante del Convenio. Se espera que este comité estudie las posibles enmiendas del MLC en materia de abandono cuando se reúna a principios de 2014.

Оставление моряков и КТМСМировая экономика находится в зависимости от торгового судоходства, а торговое судоходство напрямую зависит от моряков. Для квалифицированных и ответственных мужчин и женщин море может предоставить очень привлекательные и удовлетворяющие самым высоким требованиям возможности карьерного роста. Преимущества карьеры мореплавателя многочислены, но существуют и определенные профессиональные риски. Моряки издавна вынуждены выносить длительные разлуки с семьей и друзьями, а также встречаться лицом к лицу с природными опасностями, с войнами и пиратством. Но особенно удручающа опасность быть оставленными вместе со своми товарищами по команде на своем корабле в далеком от родины порту. Для гордых, привыкших к тяжелой работе моряков испытание оказаться брошенными и вынужденными зависеть от благотворительности для удовлетворения своих насущных потребностей может стать очень деморализующим.

Конвенция о труде в морском судоходстве 2006 года (Maritime Labour Convention — (MLC), вступившая в силу 20 августа 2013 года, предусматривает несколько путей защиты моряков от оставления без помощи. Правило 2.2 и Стандарт A2.2 требуют от владельцев судов выплачивать морякам их заработную плату и другие причитающиеся платежи как минимум раз в месяц. Правило 3.1 и Стандарт A3.1 требуют от владельцев судов предоставлять морякам на борту своих судов достойные жилые помещения и условия для отдыха. Правило 3.2 и Стандарт

A3.2 требуют от владельцев судов обеспечивать моряков качественными пищевыми продуктами и питьевой водой в таком количестве, такой питательной ценности и такого качества, которые в должной мере покрывают их потребности, принимая во внимание различные культурные и религиозные особенности всех находящихся на судне. Правило 4.2 и Стандарт A4.2 требуют от владельцев судов предоставления морякам медицинского обслуживания в случае любого заболевания или телесного повреждения, произошедшего в период занятости. Правило 2.5 и Стандарт A2.5 требуют от владельцев судов иметь финансовое обеспечение для репатриации своих экипажей и в обязательном порядке репатриировать моряков после завершения срока контракта. В случае, когда владелец судна не в состоянии репатриировать свой экипаж, компетентный орган государства, под флагом которого плавает судно, обязан организовать репатриацию, а затем взыскать издержки с владельца судна. Если государство флага не в состоянии репатриировать экипажи судов, плавающих под его флагом, то государство порта или родная страна моряка может репатриировать их, а затем взыскать издержки с государства флага.

В то время как КТМС всеми силами пытается защитить моряков от того, чтобы быть оставленными, принимаемые меры зависят от наличия судовладельца и исполнения им своих правовых обязательств. КТМС предусматривает обязательное вмешательство государств флага

в случае отсутствия владельца судна для репатриации оставленного экипажа, но в ней отсутствует механизм обеспечения жильем и питанием, а также предоставления медицинской помощи или выплаты заработной платы морякам, которые были брошены на произвол судьбы своими судовладельцами. Более того, моряки крайне неохотно покидают свои суда без выплаты заработной платы, будучи уверенными в том, что их судно обеспечивает гарантию невыплаченных им заработков.

В 2008 году Международная организация труда (International Labour Organization — ILO) и Международная морская организация (International Maritime Organization — IMO) предписали объединенной рабочей группе IMO/ILO выработать соглашение по принципам разработки обязательного инструмента защиты моряков от оставления. В марте 2009 года рабочая группа предложила, чтобы в КТМС как можно скорее после вступления ее в силу были внесены изменения. Предложенные изменения предотвратят или облегчат последствия оставления моряков путем создания быстрой и эффективной системы финансового обеспечения помощи оставленным морякам. Основными элементами финансовой системы будут являться следующие:

Оставленные моряки будут иметь прямой доступ к финансовой системе для оплаты соответствующего жилья, еды, одежды, необходимой медицинской помощи и заработной платы за период до четырех месяцев.Оставление будет определено, как неспособность владельца судна оплатить репатриацию, таким образом, лишение моряка необходимых средств к существованию и поддержки, разрыв отношений с моряком или уклонение от выплаты заработной платы в течение двух месяцев.Государство флага судна обяжет владельцев судов предоставлять документальные свидетельства, подтверждающие финансовые гарантии, незамедлительно доступные для моряков и органов контроля государства порта.

КТМС был создан Особый трехсторонний комитет для постоянного пересмотра Конвенции. Мы надеемся, что изменения КТМС 2006, касающиеся оставления моряков, будут рассмотрены на заседании Комитета в начале 2014 года.





If you have any questions about your rights as a seafarer, or if you want more information or help, you can contact:

Douglas B Stevenson, Center for Seafarers’ Rights, 241 Water Street, New York, NY 10032, USA. Tel: +1212 349 9090

Fax: +1212 349 8342 Email: [email protected] or Canon Ken Peters, The Mission to Seafarers, St Michael Paternoster Royal,

College Hill, London EC4R 2RL, UK. Tel: +44 20 7248 5202 Fax: +44 20 7248 4761 Email: [email protected]


FOCUS ON FAITH BY JOHN ATTENBOROUGH

The times, they are a-changin’: on board, on shore – and in the rulebooks

Los tiempos están cambiando, en barcos, en tierra y en los libros de reglas

HOW good are we at adapt-ing to change? In my own life I have had to adapt to change many times. I have lived in places with different cultures, which have been unlike anything that I was used to. Part of that was driving on different sides of the road – interesting but it was a change that was very important to make and to understand.

The biggest changes in my own life were when I got married, the birth of my son, two of the best things that have ever happened to me and two very positive chang-es. Change is important in life. Change helps us to grow and mature. I personally feel that if everything stayed the

same life would get boring.Change affects all aspects

of life and the shipping industry is no different. As many of you know there are big changes coming into effect through the Maritime Labour Convention, chang-es that some people in our industry are very excited about.

It is hoped these changes will improve life on board ships for all seafarers. Some groups in the shipping industry are more hesitant in accepting these changes, but we should not be afraid of change, especially when the change is, we hope, going to make life better.

As Christians in this modern world we are all

called by Jesus to be a part of a big strong family which carries a message of Good News to all corners of the world.

One of the most im-portant things God teaches us is to love one another. Jesus took this message everywhere he went and he encouraged people to look after one another, to be fair to each other, to forgive one another and to stand up and support one another.

This message is for all of us whether we are a junior rating, a captain or even if we’re shore-based. It is especially important during times of change when the rules may have changed or the landscape seems unfa-

miliar. It is in times like this that we can look for help and support from our family and the people close to us, with the reverse effect of this being that our neighbour may be looking for help and support from us.

One thing that does not change over time is what St. Paul mentioned in his letter to the Hebrews. He wrote that Jesus Christ is the same yesterday and today and forever.

How wonderful are these words in times of change, of uncertainty, of the un-known, and how wonderful it is that we can be sure of one thing after all of this: that Jesus’ love for us will never change.

¿NOS adaptamos bien a los cambios? En lo que a mi concierne, yo he tenido que adaptarme a cambios en muchas ocasiones. He vivido en distintos países, con culturas diferentes y ajenas a la mía habitual. Una diferencia interesante ha sido siempre tener que conducir por la derecha (en Gran Bretaña conducimos por la izquierda), un factor esencial que es necesario comprender e integrar.

Pero los dos cambios verdadera-mente esenciales en mi vida fueron mi matrimonio y el nacimiento de mi hijo: dos de las mejores cosas que podían sucederme, y ambas extraordinaria-mente positivas. El cambio es un aspec-to importante de la vida. Nos ayuda a crecer y madurar. Yo, personalmente, creo que la vida sería muy aburrida si todo fuera siempre igual.

El cambio afecta a todas las facetas de la vida y la actividad humana, y el sector del transporte marítimo no es

una excepción. Como muchos de ust-edes saben, el Convenio sobre el Traba-jo Marítimo va a introducir importantes novedades en el sector, cuya llegada muchos esperan con sumo interés. Es-peramos que estos cambios mejoren la vida a bordo para toda la gente de mar. Algunos grupos del sector tienen sus dudas, pero no hay que temer al cam-bio, especialmente cuando su intención es mejorar nuestras vidas.

Hoy, Jesús sigue llamando a to-dos los cristianos a formar parte de una gran familia unida que difunda la buena nueva en todos los rincones del mundo. Una de las lecciones más importantes del Señor es “amaos los unos a los otros”. Jesús predicó este mensaje por doquier e instó a la gente a preocuparse de los demás, a ser justos, a perdonar y a defender y apoyar a su prójimo.

Este mensaje es válido para todos

nosotros, desde el grumete hasta el capitán, e incluso el personal de tierra. En tiempos de cambios, es importante tener presente que las reglas de jue-go pueden ser diferentes y que nos movemos en un entorno con el que no estamos familiarizados. En situaciones así, es lógico que busquemos el apoyo de nuestra familia y nuestros allegados, pero no debemos olvidar que ellos, a su vez, pueden necesitar el nuestro.

Sin embargo, una cosa que no cam-bia con el tiempo es lo que San Pablo explica en su epístola a los hebreos, y es que Jesucristo es inmutable, siem-pre igual: ayer, hoy y para siempre. En época de cambios, de incertidumbre y de desconocimiento, estas palabras son un bálsamo maravilloso, porque es maravilloso saber que, pase lo que pase, hay algo de lo que podemos estar seguros: que el amor que el Señor siente por nosotros no desfallece y es eterno.

Времена меняются, на судах, на берегу и в сводов правилКак быстро вы свыкаетесь с переменами? В моей собственной жизни мне пришлось привыкать к переменам множество раз. Мне довелось жить в местах с различными культурами, совершенно не похожими на то, к чему я был привычен. Один из примеров − смена сторон дороги при вождении. Это было интересно, но это было очень важно понять и научиться.

Самой большой переменой в моей жизни стал мой брак и рождение сына – две самые лучшие и позитивные перемены, когда-либо произошедшие со мной. Изменения важны в жизни. Они помогают нам расти и взрослеть. Лично я считаю, что если бы все оставалось неизменным, жизнь была бы скучна.

Перемены влияют на все аспекты жизни, и судоходство не является исключением. Как многие из вас знают, ожидаются очень большие перемены со вступлением в действие Конвенции о труде в морском судоходстве, которую многие в нашей отрасли ожидают с большим воодушевлением. Эти перемены, надеюсь, изменят к лучшему жизнь всех моряков на борту судна. Отдельные группы в морском ведомстве с некоторой опаской относятся к принятию этих изменений, но мы не должны бояться перемен, в особенности тогда, когда существует надежда, что они изменят жизнь к лучшему.

Как христиане в этом современном мире мы все призваны Иисусом быть частью большой крепкой семьи, которая несет послание Благой вести во все уголки мира. Одна из важнейших вещей, которым Бог учит нас – это любить друг друга. Иисус нес это послание с собой везде, где побывал. Он вдохновлял людей на то, чтобы они заботились друг о друге, прощали друг друга и вставали в поддержку друг друга.

Это послание актуально для каждого из нас, от самого младшего ранга до капитана, или даже берегового персонала. Оно становится особенно важным во времена перемен, когда правила, возможно, изменились, или общая картина выглядит непривычной. Именно в такие времена мы ищем помощи и поддержки в нашей семье и близких людях, и в обратном направлении, когда наши соседи, возможно, обращаются к нам за помощью и поддержкой.

Единственное, что не меняется со временем, это то, что Св. Павел отметил в своем Послании к Евреям. Он написал, что Иисус Христос остается неизменным вчера, сегодня и завтра. Как восхитительны эти слова во времена перемен, в неопределенности неизведанного, и как восхитительно быть уверенными в том, что любовь Иисуса к нам никогда не измениться.






Seafarers seek new challenges ashore

THE first four new gates for the Panama Canal’s third set of locks arrived in Panama in late August.

The locks are one of the biggest milestones of the Canal’s expansion programme, which is now 62 per cent complete. When finished, the project will have doubled the waterway’s capacity by building a new traffic lane along the Canal which will pass through a new set of locks, allowing larger ships to pass through with larger loads of cargo.

The new gates weigh an average of 3,100 tons each

and were constructed in Italy by subcontractor Cimolai. They were unloaded on the Atlantic side of the Canal and rolled off the ship on to a special reception dock.

The Canal recently received three of its new fleet of 14 tugboats, which will assist post-panamax vessels in the Canal’s new waterway. New Atlantic and Pacific access channels have also been prepared.

The expansion project is currently six months behind schedule and it is estimated that it will be ready by mid-2015.

New Panama Canal gates shipped from Italy as project edges towards completion

OVER 700 serving sea-farers gave the need for a new challenge as the most important reason why they would look for a new career ashore, according to the initial findings of a recent survey.

The research into seafarers’ opinions, which is being conduct-ed as part of the Career Mapping Update pro-ject, is supported by the European Community Shipowners’ Associa-tion and the European Transport Workers’ Federation.

The survey found that wanting a new challenge was also the major reason given by the majority of ex-sea-farers to explain why they decided to look for a job ashore.

The study also found that the main reasons people applied for mar-itime training were that they saw a maritime ca-reer as being interesting and challenging, they liked travel and meeting people and they were interested in ships.

Most serving seafar-ers expected to remain at sea for 10-15 years and most ex-seafarers confirmed this to be the period after which they transferred ashore.

A NEW report from the Asian Development Bank (ADB) recommends boosting maritime training.

The report, The Project on Human Resource Development (HRD) in the Maritime Sector in Asia and the Pacific, focuses on technical assistance programmes to maritime safety authorities, developing a regional HRD strategy for seafaring and various projects to support sea training colleges.

Seafarers! We want to hear from you!

Get involved by filling out a survey in our centres, by scanning the code

below or on our website.

Take our survey and help shape the future of the Mission’s work.

missiontoseafarers.org/survey

ADB focuses on sea training

Singapore scholarshipsTWO Singapore schol-arship schemes have awarded a total of S$1.7 million (US$1.3 million) to talented individuals for local and overseas maritime-related stud-ies.

The 43 Maritime-ONE scholarships are valued at more than S$1.1 million. They sup-port 22 maritime-relat-ed degree and diploma programmes and are

provided by 20 mari-time industry sponsors.

The Tripartite Maritime Scholarship Scheme scholarships went to students en-rolled in the Nautical Studies and Marine Engineering diploma programmes at Singa-pore Polytechnic.

Seafarer jumps ship, caught within 24 hoursTHE US Customs and Border Protection (CBP) tracked and caught a seafarer who allegedly jumped ship after arriving in Seattle within 24 hours.

The seafarer, an unnamed Croatian, had been working on a cruise ship. He was re-ported missing to the CBP after he missed the ship’s departure from the port.

He was arrested by border patrol agents in Havre, Montana, some 700 miles away, after taking a train from Seattle.

A CBP statement said that the seafarer had “illegally entered the country” and was now “being processed for removal”.

Firefighting failuresA US Coast Guard investigation into the November 2010 fire on board the cruise ship Carnival Splendor has highlighted failures in the firefighting response to the emergency.

The vessel suffered a major mechanical failure in a diesel generator, resulting in the fire. The ship’s Hi-Fog system for local fire protection was not activated until 15 minutes after the initial fire started because a bridge watchkeeper reset the fire alarm on the bridge.

The report says resetting the alarm was a critical error which al-lowed the fire to spread to overhead cables, causing the power loss.

There were no inju-ries or fatalities and the vessel arrived safely at the port of San Diego.

The ship’s owner, Carnival Cruise Lines, has taken steps to eval-uate fire safety systems, firefighting doctrine and training, and proce-dures for the inspection and testing of installed safety systems.

Carnival has re-moved the time delay from the activation sequence for Hi-Fog and has implemented short- and long-term solutions to rectify the procedure’s CO2 system problems.

IMO chief breaks the ice on fact-finding mission

Koji Sekimizu heads north amid industry interest in new transportation routes and commercial opportunities

As part of a fact-finding trip I n t e r n a t i o n a l M a r i t i m e Organization (IMO) secretary-

general Koji Sekimizu undertook a 1,680 nm voyage on the nuclear-powered icebreaker 50 Let Pobedy in late August, using the Northern Sea Route that links Europe and northern Russia.

The icebreaker sailed from Dikson, in the Kara Sea, to Pevek, in the East Siberian Sea. During the voyage, the vessel went past the Taymyr peninsula, through the Shokalsky Strait, the Severnaya Zemlya

archipelago, the Laptev Sea, the Sannikov Strait and past the Novosibirskie Islands.

The IMO head was accompanied on the voyage by high level officials from both the Russian Government and the shipping industry. His trip came as interest increased within the global shipping community in using the Northern Sea Route and other northern passages, as Arctic sea ice recedes and the navigation season becomes longer.

The safety of ships operating in the harsh, remote and vulnerable polar areas and the protection of the pristine

environments around the two poles have always been a matter of concern for IMO and many relevant requirements, provisions and recommendations have been developed over the years.

This mission marks the continuation of a growing first-hand involvement in the issues surrounding increased maritime activity in polar waters for IMO.

In December 2012, Mr Sekimizu visited Antarctica as a guest of the Government of Chile, and earlier in 2013 he spent time on board a Finnish icebreaker.

Koji Sekimizu on board a transfer boat with Russia’s deputy transport minister Victor Olersky (Photo: IMO)

The gates being transported from Italy (Photo: ACP)

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