A blacklist of defaulting owners and shipmanagement agencies is the need of the day

Here's a report which should interest most seafarers, who face such issues on a regular basis, I wonder if DG Shipping has done anything about it so far?

http://articles.timesofindia.indiatimes.com/2010-12-09/pune/28241398_1_ship-owner-sailors-navy-officer

Rs 1.5 cr compensation awarded to ex-merchant navy officer

TNN Dec 9, 2010, 05.04am IST

 

PUNE: Deepak Divekar, a former merchant navy officer, has been awarded compensation of Rs 1.56 crore by the Arbitral Tribunal of Justice S C Pratap, following a judgment in his favour on Oct 30, 2010 vis a vis his former employer, Kuwaiti shipping company United Arab Shipping Company and its shipping agent Killick Marine Services Ltd.

The company had allegedly blacklisted him following allegations of drunken misbehaviour, unprofessionalism and causing communal disquiet while on board. Divekar said he intends using the money to set up a trust fund to provide legal aid for similarly-affected sailors who remain unemployed after a shipping company blacklists them.

Addressing a news conference here on Friday, Divekar, who was subsequently forced' to quit his shipping career for lack of employment, said that the allegations of unprofessionalism came after he opposed the decision of his captain to purchase 100 MT of non-potable water while on board M V IBN Abdoun at Statia terminal in the vicinity of the Caribbean islands in 2000. "The water was unfit for human consumption, as was subsequently proved by the fact that two other officers, apart from myself, as well as crew members like the bosun and fitter suffered from severe stomach problems," he said. Repatriation at the next port (which was in Russia) was not possible.

The vessel arrived in India on Sept 27, 2000, said Divekar. "Though I requested the shipping agent, Killick Marine Services Ltd, for help, I was refused it. I had no option but to seek medical help on my own, despite the terms of the contract that if an officer is signed off on medical grounds, it is the duty of the ship owner - in this case, the United Arab Shipping Company - to reimburse the amount."

Following this episode, Divekar says he could not get a job with any company, as the company charged him with drunken misbehavior, unprofessionalism and causing communal disquiet while on board. "The mental grief this caused my family was immense. I was also at a wit's end with regard to fulfilling my responsibilities towards my ailing parents, sick wife and young son," he said. "To earn a living, I was subsequently forced to cash in on my resemblance to Pakistani general Pervez Musharraf. This bagged me some acting roles, but this is not what I am trained for."

The arbitration between the company and its agent as respondents, and Divekar as claimant lasted eight years. "In a decade, I have aged 25 years. There's no question of a career at sea for me, any more. However, I hope this trust fund will help hapless sailors like myself who face the wrath of a powerful employer without adequate defence for want of funds," he said.

Regine Brett - at 90

Lady called Regina Brett wrote this when she turned 90 - and I read it years ago, came back to me when I was looking for something else. Sounds good, so here's this for all the young and younger seafarers . . .

Written By Regina Brett, 90 years old, of "The Plain Dealer", Cleveland , Ohio . . . "to celebrate growing older, I once wrote the 45 lessons life taught me. It is the most-requested column I've ever written."

My odometer rolled over to 90 in August, so here is the column once more:

1. Life isn't fair, but it's still good.
2. When in doubt, just take the next small step.
3. Life is too short to waste time hating anyone.
4. Your job won't take care of you when you are sick. Your friends and parents will. Stay in touch.
5. Pay off your credit cards every month.
6. You don't have to win every argument. Agree to disagree.
7. Cry with someone. It's more healing than crying alone.
8. It's OK to get angry with God. He can take it.
9. Save for retirement starting with your first paycheck.
10. When it comes to chocolate, resistance is futile.
11. Make peace with your past so it won't screw up the present.
12. It's OK to let your children see you cry.
13. Don't compare your life to others. You have no idea what their journey is all about.
14. If a relationship has to be a secret, you shouldn't be in it.
15. Everything can change in the blink of an eye. But don't worry; God never blinks.
16. Take a deep breath. It calms the mind.
17. Get rid of anything that isn't useful, beautiful or joyful.
18. Whatever doesn't kill you really does make you stronger
19. It's never too late to have a happy childhood. But the second one is up to you and no one else.
20. When it comes to going after what you love in life, don't take no for an answer.
21. Burn the candles, use the nice sheets, wear the fancy lingerie. Don't save it for a special occasion. Today is special.
22. Overprepare, then go with the flow.
23. Be eccentric now. Don't wait for old age to wear purple.
24. The most important sex organ is the brain.
25. No one is in charge of your happiness but you.
26. Frame every so-called disaster with these words: 'In five years, will this matter?'
27. Always choose life.
28. Forgive everyone everything.
29. What other people think of you is none of your business.
30. Time heals almost everything. Give time time.
31. However good or bad a situation is, it will change.
32. Don't take yourself so seriously. No one else does.
33. Believe in miracles.
34. God loves you because of who God is, not because of anything you did or didn't do.
35. Don't audit life. Show up and make the most of it now.
36. Growing old beats the alternative -- dying young.
37. Your children get only one childhood.
38. All that truly matters in the end is that you loved.
39. Get outside every day. Miracles are waiting everywhere.
40. If we all threw our problems in a pile and saw everyone else's, we'd grab ours back.
41. Envy is a waste of time. You already have all you need.
42. The best is yet to come...
43. No matter how you feel, get up, dress up and show up.
44. Yield.
45. Life isn't tied with a bow, but it's still a gift.

So, you get it?

HE-Alert - the magazine for safety on ships

Now also available online at:-

http://www.he-alert.org/index.asp

Here's my short response to an article on a subject dear to me . . . read on:-


Richard Sadler's column (Alert/issue No. 23/May 2010) makes some very valid points on the relationship between finance/financiers and shipping/seafarers.

Here's my point of view, and please don't put it aside as "3rd World" because of my physical/geographical location on date - as an ex-seafarer who has been a shipbroker, into politics, as a freight forwarder, been part of bringing unitised cargo inland into India, on television as an anchor, within all forms of media and headed the Asia operations of a Silicon Valley tech company in the business of transaction management for 3 industries - financial, gaming and preventive defence - as well as fathered two investment bankers - and so I do think a bit of world view comes from New Delhi, too. Please also excuse the syntax and grammar - for the last one year I have been at it trying to also revive my CoC issued 1980 and that has been an experience, too.

1) The biggest flaw is that the seafarer is seen by everybody ashore as an over-worked donkey - which she or he is. The rest of the world has moved on, not just in reduced working hours, but the seafarer is still flogged on 4-on/8-off, or worse. Between IMO, ILO, STCW, ILO 147, ILO 163, ILO 180 and now ILO Super - everybody knows that the seafarer they visit on the ship is still subjected to something called "not undermining the authority of the Master" - in this day and age. The first thing that needs to be done, therefore, is to bring down working hours onboard, especially for deck watchkeepers, by the simple method of adopting a Master + non-watchkeeping First Mate, and 3 independent watch-keepers. At the very least.

2) The training for seafarers is still stuck in arcane subjects like magnetic poles, theory of gyro and other ancient art forms - when what is needed for interaction with shore staff is more a PR cum legal person. An average seafarer by the time he is 30 or so has spent more than 4 years learning about stuff that is going to be of no use to him, while the same time could be spent better in understanding the simpler art of collision avoidance, pollution prevention and acquiring basic economic skillsets. That's the next thing that needs to change. You want respect from your banker - you have to understand what he is saying.

3) Industry meaning shipowner - and I have spent some quality time lately with shipowners as well as taken part in piracy/hijack release discussions - considers the seafarer on board as a standing expense - whether alive or dead. As long as the CoC and other certification is in order keeping the ship seaworthy, it does not matter - the seafarer is a commodity to the shipowner. Barring passenger and cruise ships, it is better to treat the seafarer as somebody who eats too much food, and then cribs about everything.

4) Industry meaning cargo interests, port state staff, insurance the rest of them - in my part of the world, treats the seafarer as somebody from the bottom rung, like the hapless truckdriver. Somebody to hold as hostage for a period of time at no cost to anybody other than the shipowner, so why feed the seafarer in the period ad interim. For "food" read salaries, and other expenses. I have heard shipowners crib about paying salaries to seafarers who have spent months onboard ships arrested, hijacked or similar - or been jailed for alleged crimes committed while on duty.

5) On crew shore leaves, and the comparison to airline crew, very valid points. Where do we start - should seafarers demand shore leave as a right? Good heavens, even earned leave is deemed to be a "privilege" extended at the mercy of the owner, so what cost shore leave? So
would owners now start insisting that charter parties include clauses on shore leave for seafarers, or ensure additional "bonuses" in lieu, is that a thought the time for which is very overdue?
What I can not agree with, Sir, is the approach that we leave it to the bankers to administer these changes. Having been a vendor to the banking industry for the last decade, I would suggest that change in inertia level is one thing they hate. What we have to do is look within. Take, for example, the whole wonderful concept of GMDSS. Great. But how on earth did it evolve into something which did away with a Radio officer onboard, when in actual fact we need a Super Elecronics and Communication person on every Merchant Navy ship?

The cure, Sir, is from within. It is the seafarer who needs to say, OK, I am a Master, and I consider this ship unseaworthy if it does not have at least 1 more watch-keeping officer - and he then needs to work with the Port State, since the Flag State and its bankers sure will not assist.

Sincerely,
Veeresh Malik
New Delhi
India

(Courtesy of Alert! - The International Maritime Human Element Bulletin)

MLC 2010 and the seafarer onboard a ship - some new bits . . .

Many shipowners and seafarers do not realise it as yet, but the Maritime Labour Convention 2010 (MLC 2010) which is going to come into force next year (2011), will be implemented by Port State Control. So it does not matter if your Flag State has ratified or signed on to the convention or not - if the Port State has signed on, then compliance by owners, operators, Master and seafarers will be essential.

States that have already ratified the MLC 2010 include Panama, Canada, Bahams, Norway, Liberia, Marshall Island, Bulgaria, Croatia, and Spain. Countries that are expected to ratify before the end of 2010 are the European Union countries and the Pacific Rim countries.

So what are the significant changes for seafarers?

One aspect would be the contract between seafarer and owner. Some significant new points would include:-

# The seafarer has been given enough time to read and review and also take advice on the contract or agreement before signing. What is "enough time"? That is left to the seafarer. If he feels he has not been given enough time, then he asks for more.

# The full name and address of the shipowner will have to be entered into the contract or agreement. In case the ownership is multiple layered, then all the names and addresses will be required to be entered.

# Full details of the health and social security benefits provided to the seafarer shall have to be entered. In this context, the new rules pertaining to NRIs and "foreign workers/Indians working abroad" under the EPFO may also be seen.

# Where the seafarer is liable for any reason to pay for his repatriation and other expenses, then a maximum amount needs to be set out in the contract/agreement itself. This can not be open ended as it is now.

# A :Shipowner's Complaint Procedure" will have to be defined and made available to the seafarer. The exact mechanics of this are yet unknown, but it is expected that this will have provision for referral back to flag and port state.

# Disciplinary rules and procedures will have to be set down, in detail, in keeping with flag and port state requirements. This appears to be a tough one. Each Port State will have different rules for such actions.

# On rest periods, much was expected, but little has changed. Maximum interval between 2 rest periods will be 14 hours. Extra work impacting rest hours for any reason - emergency, drills, musters, safety, peril - must be compensated.

# Paid leave entitlement is now a minimum of 40 days in each year of employment. This means 325 days work, 40 days leave, which works backwards to about 3.75 days per month. Pro-rata if employed for less than a year. In other words, for a 3-month contract, onboard for 2 months and 20 days entitles you to 10 days leave. Encashment of leave permitted.

# Termination of contract by seafarer for urgent or compassionate reasons shall be without cost to the seafarer. Notice period for termination of contract shall be not less than 7 days on both sides, and both seafarer as well as shipowner shall have equal number of days for this.

# Dental treatment will now be included in medical care, when visiting doctors ashore.

+++

Ofcourse, the above is still evolving, and there may be variations as and when the MLC 2010 comes into force in your Flag State. But expect the Port State Control to implement their version of MLC 2010 with vigour, and  soon.

Good luck. One more inspector . . .