E

LEGAL COMMITTEE LEG 108/4(a)/1

108th session 20 May 2021
Agenda item 4(a) Original: ENGLISH
Pre-session public release: ☒

FAIR TREATMENT OF SEAFARERS

(a) Provision of financial security in case of abandonment of seafarers,

and shipowners' responsibilities in respect of contractual claims
for personal injury to, or death of, seafarers, in light of the
progress of amendments to the ILO Maritime Labour Convention, 2006

Analysis of incidents of abandonment for the period 1 January to 31 December 2020

Submitted by the International Transport Workers' Federation

SUMMARY

Executive summary: This document focuses on reporting of incidents of abandonment for

the period 1 January 2020 to 31 December 2020

Strategic direction, if Other work

applicable:

Output: OW 37

Action to be taken: Paragraph 24

Related document: LEG 108/4(a)

Introduction

1 During its 104th session, the Legal Committee committed to consider reports on the
issue of financial security in the case of abandonment of seafarers, and shipownersʹ
responsibilities in respect of contractual claims for personal injury to or death of seafarers, in
light of the progress of the amendments to the ILO Maritime Labour Convention (MLC), 2006,
as amended.

2 As the organization which reports the majority of cases to the Joint IMO/ILO database
on reported incidents of abandonment of seafarers, the International Transport Workersʹ
Federation (ITF) offers this analysis of the cases of abandonment and the use of the financial
security system for 2020. Details reported are correct as per those reported to ITF at the date
of writing.

3 During the period referred to, ITF reported the abandonment of 851 seafarers
on 53 vessels. In total, 85 cases of abandonment were reported, involving
over 1,300 seafarers. This is a significant increase on cases reported in 2019. Of these cases
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reported by ITF, 25 are now considered resolved, 15 are disputed (the seafarers are no longer
on board, but wage claims are ongoing), and 13 cases were ongoing at the time of writing this
report. Of the unresolved cases, all but 3 have been ongoing for at least 6 months and 5 have
been ongoing for more than 12 months.

4 The number of cases reported has increased drastically over the previous year.
While this can be partially attributed to the COVID-19 pandemic, there has also been a
systematic and global failure by Member States to comply with their obligations to facilitate
repatriation of seafarers. This failure created the crew change crisis and has made
abandonment cases much harder to solve.

Vessels by flag

5 Looking at all reported cases, there is a spread of flags. Panama (16), Liberia (11)
and Malta (11) saw the most cases. It should be noted that all abandonments on the Malta flag
relate to the same company that collapsed during the course of the year.

All reported cases of abandonment by flag

18

16

14

12

10

6 Two vessels had no flag at the time of abandonment. The Kumi Maru No.3 was
provisionally registered with Sierra Leone, but the registration was not renewed or made
permanent by the owners. The Chan Fong was removed from the Togo flag in April 2019.
Both vessels were operating in Taiwan Province of China at the time of abandonment.

Location of abandonments

7 When considering the locations of all reported cases, the United Arab Emirates
recorded the highest number of reported cases (11) for the third year running. Abandonments
occurred in 37 different countries, showing that incidents can occur anywhere.

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All reported abandonments by location

12

10

0
Chile

Togo

UAE
China

Morocco

USA
Thailand
Argentina

Egypt

Guyana
India

Libya
Malaysia

Russia

Yemen
Islamic Republic of Iran

Japan
Kenya

Panama

Saudi Arabia

United Kingdom
Cameron

Italy

Malta

Tunisia
Turkey
Bahrain
Bulgaria

Curacao

Romania

South Africa

Taiwan
Ghana

Sudan
Lebanon

Philippines

Singapore

Maritime Labour Convention, 2006

8 Of the cases reported in 2020, 61 (72%) involved vessels flying flags of States that
have ratified MLC, 2006 and have accepted the entry into force of the 2014 amendments.
Seven involved flags that have ratified MLC, 2006 but have not accepted the 2014
amendments. Fifteen were flying flags that have not ratified MLC, 2006 and two had no flag.

MLC Status by Flag 2020

2
15

61

MLC and amenments in force 2014 amendments not in force

MLC not in force No/Unknown flag

Cases with valid insurance

9 Of the cases reported by ITF, 26 had valid insurance in place. Of those, 15 cases
resulted in the insurer paying the 4 months wages and repatriation as per the requirements of
standard A2.5.2. This represents a large increase in the proportion of cases resolved in this
manner.

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10 Of the remaining 11 cases with valid insurance:

.1 three resulted in the crew being fully paid by the owner;

.2 two resulted in the crew taking legal action to recover their wages (only one
of these cases has concluded);

.3 two resulted in the crew being repatriated without wages;

.4 one vessel was sold resulting in the crew being paid; and

.5 three cases are ongoing with no resolution.

11 As with previous years, the presence of insurance greatly increases the likelihood of
the case being resolved in a positive manner. This may be due to insurers paying the wages,
or due to pressure being placed on owners by the insurers to resolve the matter.

12 ITF has anecdotal evidence that suggests a number of other cases in which valid
insurance was present were also resolved without being reported to the database.

Cases without valid insurance

13 Twenty-seven cases were reported in which there was no insurance, or the insurance
was recently cancelled. Of these cases, ten have either not been resolved or resulted in the
crew going home with nothing, three resulted in the crew going home with partial payments
and a further three required legal action from the crew.

Vessels without abandonment insurance by flag

14 Lebanon, Malta, Panama, Saint Kitts and Nevis, United Republic of Tanzania, Togo
and Viet Nam have all ratified MLC, 2006 and the 2014 amendments. It is, therefore,
concerning those vessels without valid insurance are found on those flags.

15 ITF also came across one case on the Bahrain flag in which insurance was in place,
but the insurer refused to pay on the basis that Bahrain has not ratified MLC, 2006.

No financial security by flag

3

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Nationality of abandoned seafarers

16 For the fourth year running, the largest nationality group of abandoned seafarers is
India with 262 seafarers (20%), followed by Myanmar (12%), China (11%), Philippines (10%)
and Ukraine (10%).

17 The abandonment of cruise vessels has had an effect on the regular pattern in relation
to nationality, as has the abandonments on vessels owned by Palmali, which employed a
number of seafarers from Azerbaijan.

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Duration of abandonment cases

18 It is difficult to give a definitive figure for the duration of abandonment cases.

Seafarers do not always seek assistance immediately. A case may start as a wage claim and
deteriorate into a situation of abandonment. Some seafarers are on board and/or unpaid for
longer than others. In order to give an impression of the lengths of time involved, the following
table takes the period of unpaid wages as a starting point for calculating a period of
abandonment. The data is correct at the time of writing this report and includes ongoing cases.

Case Duration
18

16

14

12

10

0
4 months or less 5-8 months 9-12 months 12 months +

19 Duration of cases was severely affected by the pandemic and the crew change crisis.
Lack of flights and a lack of willingness on the part of States to facilitate repatriation proved a
major obstacle to the resolution of cases.

Conclusion

20 It has now been four years since the 2014 amendments to MLC, 2006 came into force.
The issue of abandonment continues to plague seafarers. The past year has seen improved
responses from some insurers and additional assistance from IMO and ILO to resolve cases.

21 It has, however, been a particularly challenging year for seafarers. They have been
faced with the crew change crisis, which has arguably seen many more seafarers abandoned
than this report would suggest, and the apathy of governments in response to that crisis.
Because of these factors, it is hard to compare the statistics in this report to those of previous
years.

22 It remains relatively common for vessels to operate without valid insurance in place,
especially when insurance cover is withdrawn by a provider. Some flag States and insurers
continue to ignore the issue and leave abandonment cases to the welfare organizations and
other parties to resolve. Others are taking increasingly active roles. The problem of
abandonment will not be solved without a cooperative and holistic approach from all
stakeholders in the industry.

23 Major problems that continue to make abandonment cases harder to solve remain the
same despite being repeatedly aired at this Committee. They include:

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.1 The failure of some shipowners to carry insurance and the failure of flag and
coastal States to hold these owners responsible. The requirements of
MLC, 2006 are clear, yet several vessels seem to be able to trade
internationally despite non-compliance without encountering problems.

.2 The difficulties involved in solving long running cases. More support is

required from flag and port States to bring these cases to a close. Flag States
in particular should consider what sanctions can be applied to owners who
fail to resolve cases over a long period.

.3 Port States continue to refuse to allow the repatriation of abandoned

seafarers when that would result in the vessel being unmanned due to safety
concerns. Since last yearʹs report, there have been no apparent steps by any
State to allow for this problem. This problem is of particular concern as it
increases the likelihood of seafarers being owed more than four months
wages, running out of fuel or food, and developing health problems. More
steps need to be taken to allow for temporary modifications of safe manning
requirements, something flag States appear willing to allow in order to
facilitate repatriation of abandoned seafarers.

.4 Insurers need to be mindful of the requirement in MLC, 2006 for assistance

to be provided in an expedited fashion. States involved also need to take
steps to allow insurers to provide the assistance required in terms of
repatriation.

Action requested of the Committee

24 The Legal Committee is invited to:

.1 take note of the information provided;

.2 encourage discussion relating to a solution to the problem of repatriation of

abandoned seafarers;

.3 use its influence to encourage Member States to ratify and effectively

implement the relevant international instruments and amendments thereto;

.4 remind Member States of the importance of IMO resolution A.930(22) on

Guidelines on the provision of financial security in the case of abandonment
of seafarers and the work of the Joint IMO/ILO Ad Hoc Expert Working Group
on Liability and Compensation Regarding Claims for Death, Personal Injury
and Abandonment of Seafarers, both of which highlight the vulnerability of
seafarers and the suffering caused by abandonment;

.5 remind Member States of the Recommended framework of protocols for

ensuring safe ship crew changes and travel during the coronavirus
(COVID-19) pandemic (MSC.1/Circ.1636/Rev.1);

.6 remind Member States of resolution A/75/L.37 of the United Nations General

Assembly, adopted on 1 December 2020 on International cooperation to
address challenges faced by seafarers as a result of the COVID-19
pandemic to support global supply chains;

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.7 highlight the existence of the Joint IMO/ILO Database on reported incidents

of abandonment of seafarers and encourage Member States to report
incidents of abandonment to the database when incidents of abandonment
occur in their ports, or on vessels flying their flag; and

.8 promote to Member States the recently published toolkit, Maritime Human

Rights Risks and the COVID-19 Crew Change Crisis which is a joint initiative
of the United Nations Global Compact (UNGC), the Office of the High
Commissioner for Human Rights (UN Human Rights), ILO and IMO and
seeks to assist with the crew change crisis.

***

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Annex, page 1

ANNEX

LIST OF ABANDONMENT CASES REPORTED TO THE ITF IN 2020

Vessel Flag IMO Abandoned Status P&I

Gulf Mirdif Liberia 8531043 Argentina Resolved West of England
Galaxy F Panama 9048471 Libya Resolved London P&I
Reggae Comoros 8500408 Tunisia Resolved Hanseatic
Underwriters
Celenova Spain 9268394 Philippines Resolved American Club
Hamada S Togo 7946643 Tunisia Resolved None
MT Remos Panama 7925168 Ghana Resolved Eagle Ocean
Marine
Sexta Panama 9165695 UAE Resolved Unknown
Sala 1 Panama 9084516 UAE Resolved Unknown
Nereus Panama 9160308 UAE Resolved Unknown
Gibraltar Bahrain 8505678 Bahrain Disputed Hydor
Captain Malta 9575307 Lebanon Disputed AlfaStrakhovanie
Nagdaliyev
CSD Huta 15 Saudi Arabia 7712080 Saudi Resolved None
Arabia
Bedford Panama 9189926 UAE Resolved Unknown
Castle
Viet Tin 01 Viet Nam 8508838 Malaysia Disputed None
Onda Togo 8912467 Cameroon Disputed None
Transocean Tanzania 8114912 Yemen Resolved None
Khosrov Bey Malta 9437347 Italy Disputed AlfaStrakhovanie
General Malta 9437775 Italy Disputed AlfaStrakhovanie
Shiklinsky
Agdash Malta 9435325 Egypt Resolved Unknown
Yu Hai Da PR China 8347882 Taiwan Unresolved None
Province of
China
Wisconsin Togo 9195523 Curacao Resolved MS AMLIN
Shovket Malta 9633549 Turkey Unresolved AlfaStrakhovanie
Alekperova
Lerik Malta 9575319 Turkey Unresolved AlfaStrakhovanie
Eide Trader Marshall 7734167 UAE Resolved Gard
Islands
Bakhtiyar Malta 9575345 Turkey Unresolved AlfaStrakhovanie
Vahabzade
Kenan Mete Panama 8701935 Egypt Disputed Thomas Miller
Jolly Lizzy Togo 7813145 Togo Unresolved Arsenal
Asso 6 Togo 7946875 Italy Resolved Arsenal
Aizdihar St Kitts 8906846 UAE Unresolved Unknown
Oriental Panama 7125861 Malaysia Disputed Thomas Miller
Dragon
MR Louis Tanzania 8317459 Guyana Resolved None
Hua Jian 1 Togo 7908732 PR China Unresolved None

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Annex, page 2

Vessel Flag IMO Abandoned Status P&I

An Da Sierra Leone 8742379 Taiwan Disputed None
Province of
China
Kumi Maru Unknown 8879055 Taiwan Unresolved None
No 3 Province of
China
Cheng Lu 1 Panama 9373151 Japan Resolved American Club
Chan Fong Unknown 7350260 Taiwan Resolved None
Province of
China
Med Link Lebanon 7928160 Sudan Resolved None
MKN 204 SVG 9749647 Saudi Resolved West of England
Arabia
Sultan Bey Malta 9437799 Italy Disputed AlfaStrakhovanie
New Orion Cameroon 9250141 PR China Unresolved Hydor
(withdrawn)
Manantial Ecuador 9192155 Chile Resolved None
UNSM Power Panama 9332573 UAE Resolved Shipowners
Mutual
Mubariz Malta 9575292 Turkey Unresolved None
Ibrahimov
MKN 205 SVG 9749659 Saudi Resolved West of England
Arabia
Faridah Oman N.A Yemen Disputed None
Danah 6 Oman N.A Yemen Disputed None
Ali Bey Panama 9070515 Romania Unresolved American Club
Al Rahyah Oman N.A Yemen Disputed None
Zeynalbdin Malta 9356957 Italy Resolved AlfaStrakhovanie
Tagiyev
Ritchi Maru Sierra Leone 8805779 Taiwan Disputed None
Province of
China
Jinan Tanzania 8322844 Kenya Unresolved None
Gobustan Malta 9575321 Italy Disputed AlfaStrakhovanie

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