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Heard at Headquarters 2005 /
October-December
Progress continues in FOC campaign (12/16)
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The year 2004 was one of significant achievement for the International Transport Workers’ Federation (ITF) in its ongoing battle against owners of vessels that fly the flags of countries other than their own, according to the body’s recently released annual report, “Campaign Against Flags of Convenience and Substandard Shipping.” The ITF’s fight against so-called flags of convenience (FOC) – also known as runaway flags – has two primary components: a political campaign and an industrial crusade. The political element is designed to establish an authentic link between the flag a ship flies and the nationality or residences of its owners, managers and seafarers through international governmental agreements. The industrial campaign is designed to ensure that mariners who work aboard FOC vessels, regardless of their nationality, are protected from exploitation by shipowners. The industrial campaign continues to be an essential component of the fight against FOCs and substandard ships, so that seafarers are protected from exploitation, according to Stephen Cotton, secretary, ITF Special Seafarers’ Department. In the case of FOCs, he said, a fundamental objective of the campaign is the erosion of the competitive advantage that FOC ships have over the higher cost, traditional flag vessels. Cotton pointed out that one noteworthy development during the past two years has been the creation of the International Bargaining Forum (IBF) as the primary forum for negotiations between the ITF and shipping companies on issues relating to wages and working conditions of crews aboard FOC ships. A noticeable increase in the IBF’s membership, which includes more of the world’s shipowners and managers, has been particularly encouraging for the ITF. Some of the noteworthy progress outlined in the annual report, and the arenas in which it occurred is as follows:
- The Political Campaign—Negotiations to formulate a single ILO convention to consolidate and replace more than 60 maritime labor conventions took place. ITF officials hope for a final agreement on this issue sometime this year. In addition, the ITF was involved in talks which led to the adoption of the IMO’s International Ship and Port Facility Security Code. Among other things, the new code contains instructions on fundamental rights and freedoms of maritime workers, including trade union rights.
- The Inspectorate—ITF inspectors and coordinators numbered only 131 people in 2004. They were responsible for 43 countries and dependent territories. Despite the size of their ranks, they conducted 9,532 ship inspections. This compares to 9,104 inspections in 2003 and 8,886 in 2002.
- Agreements—ITF officials signed 6,811 collective agreements for crews of FOC vessels in 2004 (most of them for ships previously covered by ITF contracts). In previous years (2003 and 2002), the numbers were 6,633 and 6,577, respectively. Inspectors and coordinators signed 1,285 new agreements in 2004 compared to 1,035 in 2003. The number of seafarers covered by ITF agreements in 2004 was 187,218 (178,466 in 2003) who worked aboard 8,171 vessels (7,886 in 2003).
- Back Pay—A total of $22.9 million was collected by inspectors in back wages for crews. In 2003, that figure was $24 million; the level was $27.6 million in 2002. In addition, $2.2 million was secured by the ITF Actions Unit. The total amount of back pay recovered in 2004 was therefore $25.1 million. In 2003 the figure was $27.8 million.
- Industrial, Legal Action—Industrial action, either by dockers unions or by FOC crews, was taken in 24 different countries in 2004 in order to recover back pay owed to crews or to secure ITF agreements. In 2003, industrial action was taken in 31 countries. The mark was 21 countries in 2002. Between 2002 and 2004, a total of 55 ITF agreements were signed as a result of industrial action. During 2004, 23 ships were arrested following legal action instigated by an ITF inspector.
The foregoing facts and figures speak for themselves. There can be no argument that 2004 was a banner year for the ITF and its FOC Campaign, but this really is nothing new. For more than 50 years, the ITF—through its affiliated seafarers and dockworkers unions, successfully has waged a campaign not only to end the FOC system, but also to improve the wages and working conditions of seafarers who work aboard runaway-flag ships. The campaign has evolved considerably since those early day and will continue to do so as the shipping industry adapts to changing global circumstances, noted ITF General Secretary David Cockroft in his column in the 2004 annual report, “Campaign Against Flags of Convenience and Substandard Shipping.” “One thing will remain constant,” Cockcroft said. “The ITF’s determination to ensure that the world’s seafarers receive decent wages, enjoy safe working conditions and can exercise their trade union rights.” ###
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