The ITF is asking for the instant launch and also repatriation of the MV Wakashio (IMO: 9337119) team that have actually been held by Mauritian authorities currently for over a year.

“This week marks the one year anniversary of the grounding of the MV Wakashio and the environmental catastrophe associated with it. This week also marks one year since the Mauritian authorities have held members of the crew and prevented them from leaving the Republic, most have been effectively detained without charge,” stated David Heindel, ITF Seafarers’ Section chair.

Heindel stated the ITF and also its associated seafarers’ unions have “deep concerns” concerning the therapy of the team of the MV Wakashio by Mauritian authorities. He stated the federation recently contacted the President of the Republic of Mauritius,Mr Prithvirajsing Roopun. In their letter, the ITF appealed for Mr Roopun’s assistance to see lawful process progressed and also the prompt final thought of the now-year-long legend dealt with by the team.

Image Credits: Twitter|Guillaume Gouges/ @guillaumegouges

“The ITF supports thorough, independent investigations of the factors relating to any maritime incident, including those that may have affected the grounding of the MV Wakashio. In this instance, we are concerned about the lack of appropriate legal proceedings taking place regarding the Wakashio crew.”

“While, in a particular context, criminal charges against seafarers may be justified, it is important that people have access to justice and are treated fairly. Access to justice and fair treatment by the authorities are fundamental human rights guaranteed by the Universal Declaration of Human Rights. We believe the treatment experienced by the crew of the Wakashio violates their human rights,” stated Heindel.

Following the grounding of the MV Wakashio, Captain Sunil Kumar Nandeshwar and also Chief Officer Tilakaratna Subodha were apprehended by Mauritian authorities. On 18 August 2020 they were billed with jeopardizing risk-free navigating. The set have actually been restrained behind bars given that their apprehension and also have actually been rejected bond. Most of the rest of the team have actually been restrained under “house arrest” and also maintained in a regional resort, relatively because they might be called for to look like witnesses in a test that has yet to begin.

In the ITF’s letter, Heindel and also ITF General Secretary Stephen Cotton attracted Mauritian authorities to think about the human expense that postponed process and also unneeded apprehension would certainly carry the team and also their family members:

“At existing, most of the Wakashio in the treatment of your courts have actually not been billed with any kind of offense, yet they are still not totally free to leaveMauritius As a repercussion, several of these seafarers have actually not seen their family members for greater than 2 years. This is because, before the maritime crash in July in 2014, several of the team had actually currently gotten on board the vessel over of one year– past the lawful limitation established by the Maritime Labour Convention (2006, as modified).

“Two years is also lengthy to be far from enjoyed ones. The team’s continuous apprehension contributes to the tension of their family members much of whom are fighting today pandemic and also its financial impacts, without the assistance and also visibility of their papas, spouses, siblings, and also boys. The family members desire them to find house.

We ask that you do all that is within your power and also impact to bring this legend to a prompt final thought, for the seafarers– and also for the Republic’s track record of as an upholder of civils rights.”

— ITF letter to President of the Republic of Mauritius,His Excellency Mr Prithvirajsing Roopun G.C.S.K, authorized ITF General Secretary Stephen Cotton and also ITF Seafarers’ Section chair David Heindel

Criminalisation of seafarers gets on the surge

Heindel stated that while the Wakashio crash was “deeply unfortunate”, with the ITF sharing worries concerning the effect of the crash on the sea setting; the federation can “stand by and allow what appears to be an example of criminalisation of seafarers”.

Heindel stated criminalisation occurs when seafarers are billed with offenses associated with their function mixed-up or restrained in regard to a maritime occurrence. It is a concern with an increasing account at both the International Labour Organization (ILO) and also the International Maritime Organization (IMO).

“Criminalisation of seafarers is on the rise. Whether it is felt by the crew of the Wakashio who were effectively detained without charge, or the drawn-out threat of criminal charges against the Ever Given crew to bolster the Suez Canal Authority’s negotiating position over damages: seafarers are being cynically targeted all over the world by officials just for doing our jobs,” stated Heindel.

“We know that seafarers are seen by some officials as convenient bargaining chips in efforts to hold shipowners to account for maritime accidents caused by issues like a lack of maintenance. This is especially the case when a state finds it difficult to locate and prosecute irresponsible shipowners who too often hide behind the Flag of Convenience system.”

“But the solution to irresponsible shipowners ducking accountability for maritime accidents is not to hold seafarers hostage, but rather to reform the Flag of Convenience system and abolish the secrecy protections which allow anonymity and evasion,” stated Heindel.

Seafarers encounter trumped-up medicine trafficking costs

Heindel stated seafarers were likewise a target for neighborhood authorities that intended to look efficient versus medicine trafficking.

In a situation simply this month, Turkish police police officers discovered 176 kilos of drug concealed throughout 161 bundles inside a container aboard the MSC CAPUCINE R (IMO: 9210086). The authorities apprehended the master of the vessel and also 3 deck police officers at Iskenderun, Turkey and also remain to hold them.

Heindel stated the ITF and also delivery gigantic MSC were really worried concerning the apprehension, without proof, of the team of the MSC CAPUCINE R.

“The arrest of the four crew in Iskenderun, Turkey is just the latest example of where seafarers are criminalised and treated poorly when there exists no evidence at all that they were involved in the alleged crimes. Once again, it seems authorities have decided to pin the smuggling offence on innocent seafarers,” stated Heindel.

He stated that unless there are unsafe products within containers, team generally have no understanding of what is inside them. Containers are secured prior to being filled onto a vessel.

“We will be working with MSC and our partners and affiliates in the region to see the release of the crew. As it stands there is not a shred of evidence that justifies the suspension of their rights and liberty,” stated Heindel.

In a comparable instance, in July 2019 the team of the US-flagged mass service provider UBC SAVANNAH (IMO: 9220976) were apprehended in Mexico and also held without cost neither test in bad problems, when 225 kilos of drug was discovered in the vessel’s freight hold distributed throughout 227 bundles.

While most the team were launched soon after their apprehension in 2019, Polish captain Andrzej Lasota was held up until March 2021. Mexican authorities asserted that he had actually been irresponsible in ‘failing to be aware that the ship he commanded may have been carrying prohibitive substances’, whereas actually as quickly as the bundles were discovered Captain Lasota got a prompt stop to all freight procedures and also informed appropriate authorities.

“These high-profile cases are just the tip of the iceberg that the world gets a glimpse of through the press,” stated Heindel.

“Every day, seafarers face unfair prosecutions and detentions all over the world. They are being denied justice through a lack of impartial trials, poor or non-existent access to legal representation and translation services, and – in some jurisdictions – enormous financial barriers prevent seafarers from accessing their rights to bail and appeal,” he stated.

But seafarers’ unions are pressing back versus criminalisation

Heindel commended the job of ITF associates sustaining seafarers restrained abroad, and also those seafarers’ unions that were marketing versus slipping criminalisation by federal governments in the direction of seafarers in the legislation.

In July, the Maritime Union of India (MUI) released the ‘Service to Stranded Seafarers’ task, establishing a data source of Indian seafarers being restrained overseas.

Heindel likewise stated the ITF opposed changes to migration regulations advanced by the United Kingdom federal government which would certainly criminalise seafarers for aiding individuals dealing with sinking and also risk mixed-up.

The British federal government’s modifications would certainly avoid seafarers from following our responsibilities under global maritime legislation, consisting of the International Convention of Safety of Life at Sea, or SOLAS.

“We support the serious concerns being raised by our UK affiliates, Nautilus International and the RMT, about the catch-22 position these changes put British seafarers in. Under this new law, if seafarers save a person seeking asylum from drowning, they face life imprisonment. If they let them drown, then they could face prosecution in every country that has ratified these conventions in addition to carrying the life-long emotional burden of knowing they could have saved a life, but did not,” stated Heindel.

“In coming years, the world will likely see a rise in the number of persons seeking refuge from the effects of climate change, including those people fleeing fires, floods, rising sea levels and drought-induced famine. Now is not the time to be criminalising seafarers for saving lives,” he included.

Heindel stated the ITF would certainly remain to project on criminalisation and also upgrade sources it had actually generated for seafarers and also their unions in recent times.

Reference: itfseafarers.org