|Abandonment ID:|| 00601|
|Nombre del buque:||Ikan Seligi[resolved]|
|Puerto de abandono:||Manila, Philippines|
|Fecha de abandono:||8 Noviembre 2021|
|Fecha de notificación:||20 Diciembre 2021|
|Reporting Member Govt. or Org.:||Fed. Int. de los Trabajadores del Trasporte (ITF)|
|No. de marinos:||7|
|Circunstancias:||P&I: Britannia P&I|
Crew have been stranded for 1 month in Manila. 3 months
|Acciones tomadas:||10 Noviembre 2021: Flag State informed|
24 Enero 2022: Other
The International Group of P&I Clubs will reach out to Britannia, which is the insured entity for the vessel.
Contacted the owners and requested repatriation for the
|Estado de la repatriación:||Repatriation pending|
7 Chinese crew are awaiting repatriation.
|Estado del pago:||Payment Pending|
|Comentarios y observaciones:||Filipinas (24 Enero 2022)|
The Port State Control Authority (PSC) - Philippine Coast Guard (PCG) shared the following information regarding the case at hand
1. The Bulk Carrier “IKAN SELIGI” made a crew change at the port of Manila on 08 November 2021, partly due to the refusal of the seven Chinese crew to proceed to the port of Indonesia because of fear for covid infection.
2. The seven Chinese crew were disembarked at the port of Manila after being replaced with Filipino crew and they were billeted in a hotel while processing their repatriation. The vessel then proceeded on their voyage to Indonesia. 3. The seven Chinese crew were initially billeted at a designated quarantine hotel, Selah Pods Hotel in Pasay City. Though, since 18 Dec 2021, the crew are billeted at these quarantine hotels namely; Dormetel Espana, Manila (4 Chinese crew) and Sogo Hotel Espana, Manila (3 Chinese crew).
4. On 07 December 2021, the seven Chinese crew emailed the ITF. They stated that their ship company billeted them in a cheap hotel with poor quality of food and the non-payment of their 4 months’ salary.
5. Capt. Eric Wang of KISM Pte Ltd, the vessel’s ship manager in his email to ITF dated 17 Dec 2021, belied the allegations of the seven Chinese crew and stated that the crews’ salary has been paid regularly. However, he acknowledged that some of the crews’ last month salary has been suspended because they made some serious misconducts/ illegal actions on board that threaten the safety of other crews onboard and the vessel as well as their rejection to join the voyage to Indonesia.
6. The ship company has designated an agent to facilitate the requirements for repatriation of the seven Chinese crew. Per latest information, the agent had difficulty in booking the flight because of the strict requirement of the Chinese government in relation to the covid-19 pandemic. Further, it was reported that the seven Chinese crew got infected with covid, thus, the reason for their lengthy quarantine period in Manila.
7. The agent was advised to avail the Philippine government’s “Green Lane” for seafarers and crew change to expedite the repatriation of the seven Chinese crew.
At present, it appears that the concerns of the seven Chinese crew are being discussed, negotiated, and looked into by the shipping company in collaboration with the ITF. The PCG thru its PSC is in close coordination with the agent and other stakeholders to expedite resolution of this case.
Panamá (30 Marzo 2022)
The vessel´s managers have notified to the Panama Maritime Authority that they paid the wages that were owed and that they have started the process of the seafarers’ repatriation.
Fed. Int. de los Trabajadores del Trasporte (ITF) (8 Abril 2022)
Regarding 7 Chinese seafarers who disembarked Ikan Seligi at Manila, Philippines on 09 November 2021, 2 of them returned to China on their own and 5 of them including Fitter are still staying at a hotel in Manila since then.
Four of 5 seafarers staying in Manila have already booked their flights on 15 April and 13 May 2022 on their own, but a seafarer, Fitter has not got booking his flight yet due to booking restriction by Xiamen Airlines as Captain Eric Wang explains in his message included in your last mail.
ITF has confirmed with them that outstanding wages and airfares have been already transferred and reimbursed to their bank accounts.
Panamá (14 Abril 2022)
The government of Panama transmitted the response sent by Cap. Eric Wang (KISM PTE Ltd) from the ship IKAN SELIGE as below.
We fully respect ILO/ ITF position for crews interesting protection, however, we cannot agree their opinion as below email quote absolutely and we have to clear few points as below:
1.This case is not seafarers abandonment case at all, refer to our previous email with attached documents, evidence.
2.“2 of them returned to China on their own, Four of 5 seafarers staying in Manila have already booked their flights on 15 April and 13 May 2022 on their own” it’s not correct describe. In my last email attachment 11 documents, it’s clearly recorded what we have done for these crews, including repatriation formalities arrangement , many times of PCR /IGG/IGM test, medical inspection, transport, etc. without company strong supports, how can these crews repatriated. Yes, these crews booked flight tickets by using their own phone and then we paid flight ticket costs to them accordingly, the reason of that is regulation/ requirement by China government and airline company, anyone must book flight ticket by self mobile phone APP, as you are aware that, Fitter Mr. Xu cannot book flight ticket until now just because his own phone was not registered by his name. Therefore, please kindly be understood that, we, manager and owner of subject vessel keep continue very hard works and give supports to these crews for their repatriation arrangement since they disembark vessel on 8th Nov 2021, unfortunately, they are stuck there due to COVID19 pandemic, strict regulations issued by China government for COVID19 control measures and shortage flight from Manila to China.
3.Crews’ wage balance was hold when they disembark vessel after these crews have done very serious misconducts on board, it’s not manager faulty, because it’s in accordance with CBA as attachment article 23.2 , “misconduct, the company shall be entitle to recover from that seafarer’s balance of wages the costs involved with repatriating…” this CBA( please refer to attached IBF JSU –IMMAJ CA” which issued by ITF, but since these crews disembark vessel and we have provide very clear evidence proved these crews had done very serious misconduct on board, however, ITF never officially inform us that the article 23.2 is not apply this case. If ITF acknowledged this article 23.2 in their CBA was not in line with regulations of MLC, ITF is at the position to review/ amend their CBA articles in line with MLC for avoiding confusion and conflict in future operation. Notwithstanding above mention, we have remitted all crews’ wage balance and repatriation flights tickets costs to crews even we have entitle to hold as per CBA issued by ITF, then we reserve right to sue these crews after they return to China.
4.Anyway, we are keep continue supports to these crews for their repatriation arrangement as soon as possible subject to regulations of COVID19 control measures issued by China Government and available flight, and keep concerned parties update the progress.
Conclude above mention, we, as manager and owner of subject Vessel, has no fault on this case, we didn’t abandon these crews at all, we strongly require concerning party to reveiw this case and amend the record on ILO database NOT as seafarers abandonment case, it’s unfair for manager and ship owners, our reputation were damaged by this alledged Seafarers abandonment case records on ILO database.
Panamá (26 Agosto 2022)
Through an email Captain Eric Wang — vessel representative. informs that all crewmembers have been successfully repatriated. It was also confirmed that all of them have been paid.
Fed. Int. de los Trabajadores del Trasporte (ITF) (30 Agosto 2022)
All 7 Chinese crewmembers received their owed wages and were repatriated.