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[AHT Carrier - resolved]
IMO9573000
| Abandonment ID: | 00360 |
| Nombre del buque: | [AHT Carrier - resolved] |
| Bandera: | Panamá |
| No. OMI: | 9573000 |
| Puerto de abandono: | Maputo Mozambique |
| Fecha de abandono: | 19 Octubre 2018 |
| Fecha de notificación: | 12 Noviembre 2018 |
| Reporting Member Govt. or Org.: | Fed. Int. de los Trabajadores del Trasporte (ITF) |
| No. de marinos: | 8 |
| Nacionalidades: | Indonesia(8) |
| Circunstancias: | 3 months wages outstanding. Owner claims it is unable to pay. |
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| Acciones tomadas: | 20 Noviembre 2018: Other
Owner contacted. Flag state and P&I advised of case. Flag state has responded to notification but does not appear to have taken action – no response from P&I to date. Owner advised to contact the P&I club
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| Estado de la repatriación: | 20 Noviembre 2018: Other
3 unpaid off-signers have been repatriated. Rest of crew remain on board
26 Febrero 2019: Repatriated
The 8 Indonesian Seafarers abandoned since 19 October 2018 are being repatriated from the ‘AHT CARRIER’ (IMO Number 9573000), which was abandoned in the port of Maputo Mozambique.
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| Estado del pago: | 20 Noviembre 2018: Payment Pending
3 months wages amounting to $ 126000 (approx.)
13 Febrero 2019: Partially paid
Lodestar have been honouring their obligations under the MLC convention. They provided provisions and water and remitted 4 months wages.
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| Comentarios y observaciones: | Fed. Int. de los Trabajadores del Trasporte (ITF) (20 Noviembre 2018)
(Figures 15-11-18)
Fuel 44,3 m3
Fresh water 25 m3
Food 4 days
Panamá (22 Noviembre 2018)
From: Labormar [mailto:labormar@amp.gob.pa]
Sent: 22 November 2018 18:29
To: Jan de Boer
Cc: Gabriela Ceron ; labormar@amp.gob.pa; mburgos@amp.gob.pa; Maria Moreno
Subject: New abandonment case notification: AHT CARRIER
Mr.
Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
London, United Kingdom
Dear Mr. De Boer,
Warmest greetings from the Panama Maritime Authority on behalf the Maritime Labour Affairs Department.
In this opportunity, please note that this General Directorate was informed through an email from the International Transport Workers' Federation about the situation presented on board the vessel "AHT CARRIER", with the Statutory Patent of Navigation No. 47281- 15, Call Sign HP4607, IMO No. 9573000, property of PACIFIC OCEAN ENGINEERING & TRADING PTE LTD., regarding owed salaries, provisions and repatriation.
We carry out the communications inherent in the complaint:
-We proceeded to request the restriction and sanction of the vessel from the Directorate General of Merchant Marine through Memorandum No. DGGM-ALM-1013-2018 of November 9, 2018.
-We communicate with the P & I (Lodestar Marine Limited), who will be responsible for the crew regarding the payment of outstanding wages and repatriation.
In this sense we will continue communicating with those involved, in order to provide a prompt solution to this case.
Kind regards,
Organisación Marítima Internacional (12 Febrero 2019)
Dear Ms. Rina Berrocal and Mr. Frederica Silva,
I refer again to a very alarming email message that was just sent by Mr. Noordermeer on behalf of ITF regarding the crew of 8 Indonesian Seafarers which are abandoned since 19 October 2018 on board the ‘AHT Carrier’ (IMO Number 9573000) in the port of Maputo Mozambique. In his message as herewith attached Mr. Noordermeer states that one of the crewmembers requests for immediate help because the crew is very depressed and frustrated, wants to fight each other and wants to go home because the situation becomes out of control . The crewmember also says that he is very afraid.
I have also duly noted your earlier messages today that based on the formal letter from the ILO it would not be a problem for the Harbour Master Authority in Maputo port to allow for the crew repatriation. I also duly note that the actual crew can be immediately released as soon as the Harbour Master Authority will receive from the flag State the new conditions for Safe Manning and a new crew is presented to take over.
Therefore, please could you provide information about the further steps that the flag State is going to take with the Port Authorities of Mozambique at your earliest convenient?
All your information will be duly recorded on the joint IMO/ILO Database on abandonment of seafarers.
I look forward to hearing from you soon.
Kind regards,
Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
e: jdeboer@imo.org | t: +44 (0)20 7587 3102 | w: www.imo.org
Panamá (12 Febrero 2019)
Dear Mr. Jan de Boer:
Well received your message and noted.
Authorization has been granted (attached message), in order to reduce the manning and at the same time authorizing that Panama-license will not be required for the reduced new crew as far as the ship stay alongside in Maputo, Mozambique.
I look forward for the confirmation of the crew repatriation considering that P&I confirmed the arrangement of the same.
Kind regards,
RINA BERROCAL HUSBAND
Head of SEGUMAR Offices
Directorate of Merchant Marine
Panama Maritime Authority
Telephones: +(507) 501-5348 |rberrocal@segumar.com |www.segumar.com
International Chamber of Shipping (13 Febrero 2019)
Dear all,
I thank Mr Silva for his comments below but I am extremely concerned by the request to send replacement crew on board , when we know that the ship has been abandoned and the current crew left in a vulnerable position and without pay.
We cannot have a situation where new crew is sent out by a manning agent with the expectation that all is as it should be when clearly it is not. If the port authority wish to have personnel onboard then I suggest they provide and pay for a replacement local crew until the situation is properly resolved. To send crew out to the vessel with no intention or ability to pay them is tantamount to slave labour and is not in the spirit of the MLC 2006.
We have already had other situations where this has happened and with dire consequences for the unfortunate individuals involved and this cannot be allowed to happen again.
Natalie Shaw
Director Employment Affairs
International Chamber of Shipping
OIT/OMI (13 Febrero 2019)
Dear Ms. Rina Berrocal and Mr. Frederica Silva,
Thank you for your responses to my message yesterday about the further steps that the flag State Panama is going to take in cooperation with the Port Authorities of Mozambique. IMO had requested the flag State to take the necessary actions that the crew is immediately being paid and that the crew will most urgently be repatriated in accordance with the relevant MLC Standards.
I also thank Ms. Natalie Shaw of ICS for pointing out that we cannot accept a situation where new crew is sent out by a manning agent to the vessel with no intention or ability to pay them. In this regard IMO would like to refer to the attached Assembly resolution A.930 (22) on Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers in which ILO and IMO jointly urged Member Governments, where seafarers have been abandoned within their jurisdiction, to cooperate and assist each other in the speedy resolution of the situation. I
I hope for your understanding that the humanitarian situation for the crew has become unacceptable and therefore I call on your continued assistance, also in good cooperation with the seafarer State Indonesia, to find a speedy solution.
I look forward to receiving soon a confirmation of the repatriation of the crew and I duly note that the P&I insurer already has the necessary arrangements in place.
Kind regards,
Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
Mozambique (13 Febrero 2019)
Good morning Mr. Jan:
Your email received.
In regard of the contents of the message in attach of your email, some clarifications must be made:
I had received the same what´s up message sent by the crew and I went on board to have a chat with everybody on board.
Apart of the stressed situation the crew is facing, a huge amount of miss communication and incorrect statement provided by some different parts, might be sparks in a very explosive atmosphere.
My strong recommendation for the ones that should have been doing their jobs and influence to support during all this time and did nothing, to avoid some type of attitudes that don´t contribute at all for the solution of this problem.
We all need to be part of the solution!
I have been in contact with Panama representatives and P&I Local Representative and I´m convinced that they are doing their job.
I understand that for mostly of the involved, this problem will disappear with the repatriation of the crew but the problem will not be extinct.
The tug cannot be abandoned inside the Port or even unattended for an indeterminate time.
I´m open has previously expressed, to all the possibilities in compliance with the Law but for sure I´ll not perform other people´s job or responsibilities or agree with unconformities.
My suggestion is that a special Safe Manning (reduced) should be temporary issued and a replacement crew must be found to take over the Tug in the present situation.
The tug have no conditions to sail due expired certification, lack of Life Saving Appliances, maintenance and resources.
If Panama agrees that in the interim terms of this special situation, the replacement crew can be engaged without endorsements just to easy things (Tug will prevail alongside), I´m comfortable with that.
Another suggestion is that in case of issuing the special Safe Manning Certificate, some crew members (the most complicated cases) could be immediately released till the new crew take over. I know it´s not the ideal but it´s another step in this history.
It´s necessary the positive and effective engagement of everybody involved to contribute for some dignity that this men and their families deserve.
I´ll have a meeting today with representatives from Indonesian Embassy which I´ve been in a close contact.
Brgds,
Capt. Federico Da Silva
Harbor Master, Port of Maputo
Organisación Marítima Internacional (26 Febrero 2019)
Dear Mr. Tim Lection
Thank you for the wonderful news that now also the crew of 8 Indonesian Seafarers are being repatriated who were abandoned since 19 October 2018 on board the ‘AHT CARRIER’ (IMO Number 9573000) in the port of Maputo Mozambique.
Last Friday night we were already informed of the major breakthrough regarding the fate of another 8 Indonesian crewmembers on board the ‘MISS GAUNT’ who were abandoned in Port Alang, India also on 19 October 2018. Apparently this ship was also insured by your insurance company and also beneficially owned/managed by the same shipping company.
Once gain we want to thank all who are included in this message for all efforts that have led to these fantastic results!
We duly take note of your remarks and all your information will be duly recorded on the joint IMO /ILO Database on abandonment of seafarers.
Kind regards,
Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
e: jdeboer@imo.org | t: +44 (0)20 7587 3102 | w: www.imo.org
Otro (26 Febrero 2019)
From: Lection, Tim [mailto:tim.lection@lodestar-marine.com]
Sent: 26 February 2019 15:39
To: 'Natalie Shaw' ; Aswin Noordermeer ; Jonathan Warring ; Jan de Boer ; Vargha, Corinne (vargha@ilo.org)
Cc: Michael Heads ; Neil Chetty
Subject: RE: AHT Carrier - Crew abandonment at Maputo
Dear all,
We are pleased to advise the following received from our correspondents :-
Quote
The crew are on their way to Johannesburg.
You can report to the ITF that they left Maputo.
They said thank you for getting them off the ship and back to their families.
Unquote
This is a welcome development, but we have to say that this has been achieved purely by the result of diligent work by our local correspondents and the local Indonesian Embassy, with Lodestar meeting its apparent MLC obligations in full despite countless obstacles being put in place on a local basis.
It would seem to the writer that the spirit of MLC is only being followed by few of the organizations by which it is intended to place an obligation to act, and ignored by the remainder.
This is to the detriment of the vessel’s crews, whilst making their repatriation a long drawn out undertaking. We trust efforts shall be made to educate local authorities that MLC applies to them also, and clearly stipulates the crews’ repatriations should be facilitated, not obstructed.
Regards,
Tim Lection
Claims Manager
Fed. Int. de los Trabajadores del Trasporte (ITF) (9 Diciembre 2020)
RESOLVED
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