On April 13, Iran's Islamic Revolutionary Guard Corps' navy seized the Portuguese-flagged container ship MSC Aries in the Strait of Hormuz and detained the crew. The ship is operated by Switzerland-based Mediterranean Shipping Company and is leased from London-based Zodiac Maritime, owned by Israeli billionaire Eyal Ofer. The 25 crew members are nationals of the Philippines, Pakistan, India, Estonia and Russia.
The incident was the latest escalation of tensions in waterways around the Middle East. Over the past few months, Yemen's Houthis have attacked ships they believe are connected to Israel and its allies.
On March 6, such an attack killed three sailors aboard the True Confidence. Two of them were Filipino nationals and the third was Vietnamese. The remaining crew members are from the Philippines, Vietnam, Sri Lanka, Nepal and India and were rescued by Indian Navy vessels. The Houthis claimed the True Confidence was an “American ship,” but the ship is Barbados-flagged, owned by a Liberian-registered company and operated by a Greek company.
These incidents show how vulnerable seafarers can be, not only due to unsafe waterways but also a lack of global regulation of the shipping industry. The reason why so many different jurisdictions are involved in one ship is that current regulations allow shipping and operating companies to register in different countries and employ crew of any nationality. .
Understandably, many companies choose jurisdictions with few labor or tax regulations, and therefore have little responsibility for the health and safety of the crews on ships registered under their flag. Seafarers may be reluctant to speak out for fear of losing income, as companies hire seafarers from countries where it is difficult to find well-paid jobs.
This practice, called a “flag of convenience,” began in the United States in the 1920s when the government banned the production, transportation, and sale of alcohol, and some shipowners sought to register their vessels in Panama to circumvent these restrictions. I was prompted.
This practice continued even after the embargo was lifted, as American shipping companies realized the benefits of looser regulations. In 1948, former U.S. Secretary of State Edward Stettinius worked with the Liberian government to open the register as a joint venture. To this day, the Liberian Registry operates in the U.S. state of Virginia.
My organization, the International Transport Workers' Federation, began a campaign against flags of convenience in 1948 in response to the establishment of the Liberian Register, as there were few restrictions on shipowners.
The shipping industry benefits from the ease of low-cost, hassle-free services provided by states that “lease the flag.” This means minimal regulation, low registration fees, low or no taxes, and the freedom to employ cheap labor in the global labor market. We call these flags of convenience. This is because it is better for the shipowner if there is no real connection between the flag and the ship's owner. This is despite the United Nations Convention on the Law of the Sea stating that a “genuine link” must exist.
The crux of the problem for seafarers is that shipowners are choosing flag states that they know have little or no interest in enforcing labor protection standards. It's a huge money-making operation. Ship owners pay a fee to register their ship with the ship registry of their choice. Conversely, it's bad business for registries to require strict safety and welfare standards in order to eat into their profits.
For seafarers, this can mean very low pay, poor shipboard conditions, inadequate food and clean drinking water, and long working hours without adequate rest.
As an international trade union federation, we work tirelessly with our member organizations to promote and defend the rights of transport workers through collective bargaining and strengthening international and national regulations.
Our global inspection agency, made up of over 130 dedicated inspectors, many of whom are former seafarers themselves, inspects ships calling at more than 120 ports in 59 countries, ensuring that seafarers are paid decent wages. , working and living conditions. However, abuse still continues. We receive distress calls from seafarers every day, and we see the rotten core of the shipping industry time and time again.
We have heard countless stories of seafarers being abandoned, left without pay for months or even years, and having their rights violated with total impunity.
Just last week, we heard from Indian crew members who are still stranded and suffering. The company did not provide food or fresh water. Sometimes we were just fishing to survive. The entire crew is depressed and our family is in debt to survive. ”
“I haven't received a salary until now. [for five months] And I want to say to you all, we are always short of food and fuel, we are always suffering… Please, we need your support,” an Indonesian seafarer told us last month.
Many seafarers are impoverished due to wage theft or non-payment. The minimum wage for seafarers on flag of convenience vessels covered by collective bargaining agreements is approximately $1,700 per month. Sailors on flag of convenience vessels without collective bargaining agreements may sail for $400 to $600. There is no need to consider that this equates to an hourly wage. And despite wages being so low, companies still regularly delay or withhold paychecks.
Last year, ITF inspectors recovered more than $54 million in unpaid wages stolen from seafarers, primarily by shipowners operating under flags of convenience. We recover these through regular inspections of payroll statements and employment contracts, and very often discrepancies are found. Most shipowners will honor seafarer contracts when forced to do so, but if necessary they will coordinate with port authorities and dockworkers' unions to prevent ships from sailing until seafarers have been paid. You can also
The situation we are unfolding in the Red Sea reveals how the flag of convenience system means that seafarers are forced to navigate dangerous waters, sometimes even risking their lives without the power to push back. . Who will come to the rescue to protect the crews of ships in Panama, Liberia and the Marshall Islands?
One Filipino seafarer told us:we just passed by [sic] Red Sea… [and] Meanwhile, we heard many ships calling for help that warships were being attacked…The people here are very worried…we can't sleep well thinking about our lives . ”
Detours from the Red Sea are leading to bigger profits for some in the shipping industry, according to the report. This is due to the increased costs associated with long-distance routes and the resulting increased demand for transportation due to fewer vessels available. However, there are still companies that continue to put the lives of seafarers at risk.
It is disingenuous to suggest that it is simply the way business is done. It's a choice.
This situation can only change if there is greater transparency in the shipping industry and if there is a “true link” between the true owner of a ship and the flag it flies, as stipulated by international law. . The United Nations and its affiliates, the International Maritime Organization and the International Labor Organization, also need to provide greater clarity on what true connectivity entails. Only then can unions and authorities truly hold shipowners and flag states to account.
As long as the Flag of Convenience continues to operate to a lower standard than the traditional National Register, there will never be a true level playing field. Flag registers should not be allowed to operate as businesses.
Until then, seafarers' rights will continue to be abused with impunity. The time has come to fill the jurisdictional vacuum that exists at sea.
The views expressed in this article are the author's own and do not necessarily reflect the editorial stance of Al Jazeera.
