IMO Secretary-General Denounces “No Crew Change” Clauses
Charterers’ “no crew change” provisions intensify the continuous team adjustment situation as well as additional endanger the safety and security of navigating, states IMO Secretary-General
IMO Secretary-General Kitack Lim has actually spoken up versus “no crew change” provisions in charterparties, mentioning that such provisions worsen the alarming circumstance of stuck seafarers as well as threaten the initiatives taken on to fix the continuous team adjustment situation.
So- called “no crew change” provisions, which are required by particular charterers, state that no team modifications can take place whilst the charterer’s freight is onboard– thus not enabling the ship to depart to ports where team modifications can happen. IMO’s Seafarer Crisis Action Team (SCAT) has actually been warned of this distressing growth in current weeks.
In a solid declaration provided on 18 December, sustained by the International Labour Organization (ILO), Mr Lim contacted all charterers to avoid asking for to consist of “no crew change” provisions in charterparties, as well as even more contacted shipowners as well as drivers to deny them if they are required.
“Such clauses exacerbate the mental and physical fatigue among exhausted seafarers, undermine compliance with the provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006) and further threaten the safety of navigation”, Mr Lim stated. He included that different legal provisions that do permit team modifications throughout the pandemic are readily available as well as must be used.
“Resolving the crew change crisis requires the best efforts of all stakeholders. The elimination of the use of “no crew change” provisions is simply among those initiatives”, the Secretary-General stated, declaring the dedication of the Organisation to help all Member States, the sector as well as seafarers hereof.
International companies made declarations at the most up to date conference of IMO’s Legal Committee, LEG 107, to condemn making use of “no crew change” provisions in charterparties. The Committee welcomed entries on the issue to its 108th session, set up to happen in July 2021.
As the team adjustment situation currently enters its tenth month, numerous countless seafarers stay onboard ships well past the expiry of their seafarer employment contract, some not being paid as well as all incapable to be repatriated. A comparable number stay incapable to sign up with ships, and also because of this locate themselves incapable to start their agreements as well as earn money.
“The situation continues to constitute a humanitarian crisis that threatens not only seafarers’ health and wellbeing but also the safety of navigation and the uninterrupted flow of the global supply chain”, Mr Lim urged, including: “policies or practices that prevent or inhibit safe, regular crew changes should be revised or eliminated.”
As of 18 December, 46 IMO Member States as well as one Associate Member * have actually assigned seafarers as essential employees. This is important to excuse these experts from particular COVID-related traveling limitations, enabling them to take a trip in between their nation of home as well as ships, as well as to be repatriated at the end of their agreements. There have actually additionally been some motivating indicators of development in the application of the industry-developed structure of procedures for making certain secure team modifications as well as traveling throughout the pandemic, which were recommended by the Maritime Safety Committee as well as flowed as MSC.1/Circ1636.
The circumstances of stuck seafarers is highlighted in an IMO video clip including seafarers that explain the difficulties they have actually encountered as a result of the pandemic, as well as the influences of the continuous team adjustment situation on their physical as well as psychological health and wellness.
*Member States: Azerbaijan, Bahamas, Bangladesh, Barbados, Belgium, Brazil, Canada, Chile, Cyprus, Denmark, Dominica, France, Gabon, Georgia, Germany, Ghana, Greece, Indonesia, Iran (Islamic Republic of), Jamaica, Japan, Kenya, Kiribati, Liberia, Marshall Islands, Moldova, Montenegro, Myanmar, Netherlands, New Zealand, Nigeria, Norway, Panama, Philippines, Republic of Korea, Romania, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Thailand, United Arab Emirates, United Kingdom, United States, Yemen.
Associate Member: Hong Kong (China)