At the end of June, news that the Panama
Ship Registry would allow seafarers to
stay onboard for up to 17 months without
a break sent shock waves through the industry
and left many crew questioning their protections
under international regulations.
The world’s largest flag state claimed the move
was necessary where crew change was not
possible due to the pandemic. This was met with
howls of protest from seafarer representatives
who were already warning that fatigued crews
–working for months after they were supposed to
return home – posed a threat to shipping safety
and the environment. Some even accused
Panama of using the pandemic for its own gain at
the expense of exhausted crew.
’If Panama can state with such authority that
seafarers at the end of this latest extension ”shall
be repatriated”, then why not enforce that now?,’
Nautilus general secretary Mark Dickinson said.
’Some seafarers have already been onboard
for 15 months. This is a kick in the teeth to them
and frankly inhumane. It pulls the rug from
under everyone working to get crew changes
done. It lets those countries who are dragging
their feet off the hook.’
Mr Dickinson called for all Panama flagged
ships to be targeted for inspection by Port State
Control and detained for breaching the Maritime
Labour Convention (MLC).
The registry has since back-tracked, removing
the 17 month stipulation. But it has left seafarers
40 SUOMEN MERENKULKU J FINLANDS SJÖFART
Many governments have been hiding
behind declarations of exceptional
circumstances to avoid engaging with
the crew change crisis. But maritime
law experts stress that the Maritime
Labour Convention is still very much
in force, and some seafarers are
illegally being denied their rights
to relief and repatriation.
HELEN KELLY reports.
feeling once again abandoned by the very
structures that are meant to support them.
ONE THIRD OFFICER TOLD NAUTILUS:
‘It seems as soon as the sh*t hits the fan, mari-time
regulations are just thrown out the window
– which completely defeats the point of having
them.’
HOW DID WE GET HERE?
It is a common belief that the Maritime Labour
Convention (MLC) 2006 legally restricts Seafarer
Employment Agreements (SEAs) to a maximum
of 12 months. This is not quite correct.
The convention actually provides for unlim-ited
employment contracts, with negotiable
terms and conditions such as enhanced pay or
annual leave. It is a ‘living document’ that is
constantly reviewed by the Special Tripartite
Committee (STC) – consisting of seafarer,
shipowner and government representatives.
Crucially for crew changes, the MLC does
provide, under Regulation 2.5 and Standard A 2.4,
the right to repatriation after a maximum period
of onboard service of less than 12 months, and
the right to paid annual leave.
When the pandemic was first declared,
national governments began closing borders and
travel restrictions were imposed. It was widely
accepted that the global maritime industry would
simply have to put up with this, whatever the
consequences for crews, because it was a ‘Force
G Dr Cleopatra
Doumbia-Henry:
tours of duty
must be limited to
protect the
mental health and
wellbeing of
seafarers.
IMAGE:
BENJIWIKI2017
LAW
NO MORE
EXCUSES