The multinational crew of the Panamanian-flag gambling ship Island Casino recently received more than $81,000 in back pay, thanks to the work of inspectors from the International Transport Workers’ Federation (ITF). SIU ITF Inspector Tony Sacco and fellow inspector Enrique Lozano (based in Mexico) late last year answered a call for assistance from mariners aboard the gaming vessel, which normally sails around the Caribbean Islands. The crew hadn’t been paid since mid-October and was concerned that they wouldn’t be paid at all.
After initial attempts failed to secure the back wages, Sacco prepared to have the ship arrested in early January. The Island Casino’s Jacksonville, Fla.-based owner then paid the total amount due to the mariners (a crew that included Filipinos, Mexicans and Americans).
“The crew was very happy that the ITF delivered,” Sacco noted. “We also assisted in rectifying a shortage of food and water on the ship.”
The SIU is an ITF affiliate and actively has supported the federation’s efforts for decades—most prominently the ITF campaign against so-called flags of convenience (FOCs), but also including global outreach for crews facing any unfair treatment. In 2004 (the most recent year for which complete data is available), ITF inspectors worldwide recovered $25.1 million in back pay for mariners.
SIU Secretary-Treasurer David Heindel serves as vice chairman of the ITF’s Seafarers’ Section. He recently participated in the successful meetings of the international shipowners’ Joint Negotiation Group, which bargained for a contract covering 55,000 mariners on more than 3,200 vessels.
The ITF itself was founded in 1896 and now consists of more than 600 transport trade unions in 137 countries. ITF member unions represent more than five million workers.
A flag of convenience ship is one that flies the flag of a country other than the country of ownership. According to the ITF, cheap registration fees, low or no taxes and freedom to employ cheap labor are the motivating factors behind a shipowner’s decision to “flag out.”
On its web site, the federation notes, “The ITF takes into account the degree to which foreign-owned vessels are registered and fly the country flag, as well as the following additional criteria, when declaring a register an FOC: The ability and willingness of the flag state to enforce international minimum social standards on its vessels, including respect for basic human and trade union rights, freedom of association and the right to collective bargaining with bona fide trade unions; the social record as determined by the degree of ratification and enforcement of ILO Conventions and Recommendations; and the safety and environmental record as revealed by the ratification and enforcement of IMO Conventions and revealed by port state control inspections, deficiencies and detentions.”
The ITF believes there should be a genuine link between the real owner of a vessel and the flag the vessel flies, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). There is no genuine link in the case of FOC registries.
Some of these registers have poor safety and training standards and place no restriction on the nationality of the crew. Sometimes, because of language differences, seafarers can’t communicate effectively with each other, putting safety and the efficient operation of the ship at risk.
“Once a ship is registered under an FOC, many shipowners then recruit the cheapest labor they can find, pay minimal wages and cut costs by lowering standards of living and working conditions for the crew,” the ITF notes. “Globalization has helped to fuel this rush to the bottom. In an increasingly fierce competitive shipping market, each new FOC is forced to promote itself by offering the lowest possible fees and the minimum of regulation. In the same way, ship owners are forced to look for the cheapest and least regulated ways of running their vessels in order to compete, and FOCs provide the solution.”
In the long run, the federation aims to eliminate the FOC system and establish “a regulatory framework for the shipping industry.” Meanwhile, the ITF will continue to “attack sub-standard shipping and seek ITF acceptable standards on all ships irrespective of flag, using all the political, industrial and legal means at the ITF’s disposal; protect and enhance the conditions of employment of maritime workers and to ensure that all maritime workers, regardless of color, nationality, sex, race or creed, are protected from exploitation by their employers and those acting on their behalf; (and) individually strengthen affiliated unions, in all aspects, so as to ensure the provision and delivery of a greater degree of solidarity in the campaign.”
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