John S. James Co.’s Post

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Does modern slavery still exist within the shipping Industry? The International Transport Workers’ Federation (ITF), the Australian Maritime Safety Authority (AMSA) and the Mission to Seafarers Victoria have recorded examples of vessel owners and crew managers of ships engaging in behaviours displaying all the attributes of slavery-like behaviour including: withholding crew pay, restrictions on crew movement, forcing crews to work long hours in excess of international regulatory standards and general mistreatment of crews. For more examples of modern slavery within the shipping supply chain check out this United Nations report https://lnkd.in/eU9SUjf2. Positive mental health and wellbeing is essential to every seafarer and ship owner for their continued improvement of efficiency and safety on board and for every Australian for the protection of our marine environment, and to keep our international trading routes open and cost effective. The Mission to Seafarers Victoria Inc. is a specialist welfare and support service for seafarers visiting Melbourne operating 365 days a year that aims to improve the welfare of all seafarers visiting Melbourne and helps to detect and eliminate modern slavery in the shipping industry.

Modern slavery risk in maritime shipping…

The 2022 amendments to MLC 2006, adopted at the ILO 110th session, are expected to come into force from 1st December 2024. The 2022 amendments to the Maritime Labour Convention (MLC) 2006 introduced several updates across various sections. Here is a short summary: 1. Regulation 1.4 – Recruitment and Placement (Standard A1.4): - Updated paragraph 5(c)(vi) to establish a system compensating seafarers for monetary losses due to recruitment service or shipowner failures, with a mandate to inform seafarers of their rights under this system. 2. Regulation 2.5 – Repatriation (Standard A2.5.1): - Added new paragraph 9 to facilitate prompt repatriation of seafarers, including in abandonment cases, and cooperation among port states, flag states, and labor-supplying states. 3. Regulation 3.1 – Accommodation and Recreational Facilities (Standard A3.1 and Guideline B3.1.11): - Replaced paragraph 17 to update requirements for seafarers' recreational facilities, emphasizing social connectivity and suitability for seafarers' living and working conditions. - Updated paragraph 4(j) and added new paragraph 8 to provide reasonable access to ship-to-shore communications and internet access. 4. Regulation 3.2 – Food and Catering (Standard A3.2): - Revised paragraphs 2(a) and (b), emphasizing the provision of suitable, nutritious, varied, and culturally appropriate food and drinking water, free of charge. 5. Regulation 4.1 – Medical Care (Standard A4.1 and Guideline B4.1.3): - Inserted new paragraphs 5 and 6 to ensure prompt disembarkation and access to medical facilities for seafarers needing immediate care, and to facilitate the repatriation of deceased seafarers' bodies or ashes. 6. Regulation 4.3 – Health and Safety Protection and Accident Prevention (Standard A4.3 and Guideline B4.3.5): - Updated paragraph 1(b) to introduce measures for preventing occupational accidents and diseases, including the provision of personal protective equipment. - Revised the chapeau of paragraph 5 and inserted new paragraphs to ensure reporting of seafarer deaths for inclusion in a global register. 7. Amendments to Appendices (Appendix A2-I and A4-I): - Revised item (g) in both appendices to update information regarding evidence of financial security under specific regulations. These amendments aim to enhance the protection, safety, and well-being of seafarers by updating and expanding regulations related to their recruitment, working conditions, health and safety, and welfare.

The International Transport Workers' Federation (ITF) has accused Dubai tug operator Middle East Marine of systematically abusing and neglecting more than 100 seafarers.    The ITF has reported more than 17 abandonments on 18 vessels in Bangladesh, India, the Maldives and Sri Lanka since November 2022. Seafarers from India, Indonesia and Myanmar have been left in dire conditions including the provision of dirty drinking water, lack of food, withholding of passports and medication, refusing ill crew hospital visits, and unpaid wages.   One seafarer, from Indonesia, said: “My salary hasn’t been paid for more than three months – but there are some crew members unpaid for as long as seven months. The company did not supply provisions and fresh water – sometimes we were just fishing for survival. All crew members are getting depressed, and our families are getting in debt to survive.”   Despite the urgency of the situation facing the seafarers and their families, the ITF has not received a single response from the maritime authorities of Palau (the country where the ship is registered).   Under the Maritime Labour Convention, 2006, seafarers should be paid at least once per month. Crews owed two months or more of pay or who are not provided with sufficient food, water and fuel are considered to have been abandoned, which should trigger action by insurers and the ship’s Flag State.   ITF is calling on the United Arab Emirates Government and the Palau maritime authorities to act to end seafarers’ suffering and uphold international maritime and human rights law.

It's time for seafarers to enjoy safer workplaces and fair recognition for their relentless efforts. 🚢 The transformative IBF Framework Agreement promises a well-deserved 6% wage increase for over 250,000 seafarers across 10,000 ships worldwide. This pivotal change, effective from 2024 to 2027, marks a significant stride towards acknowledging their invaluable contribution to the global economy. 💼 The deal doesn't stop at pay rises. It enforces a commitment to eradicating workplace violence, discrimination, and harassment, aligning with ILO Convention 190. This is a monumental step towards ensuring seafarers' rights and safety are paramount. 🛡️ Moreover, the agreement paves the way for tackling the future's challenges. From embracing new technologies to transitioning to alternative fuels, it lays the groundwork for a sustainable maritime industry. 🌍 This landmark pact is not just about immediate benefits; it's about setting a precedent for the industry, ensuring seafarers are equipped, valued, and prepared for the evolving demands of the maritime sector. ⚓ As we celebrate this milestone, one question remains: How will these changes inspire the next generation of maritime professionals? #seafarers #maritime #shipping

Our latest issue of the Maritime Safety Awareness Bulletin focuses on conditions of employment. Issues relating to conditions of employment continue to make up most of the Maritime Labour Convention (MLC) complaints received by AMSA. These complaints relate to seafarer employment agreements, wages, hours of work and rest, entitlement to leave, repatriation, and crewing levels. This indicates that the MLC requirements that address employment conditions of seafarers are not being fully implemented by some owners and operators. Owners and operators must comply with the MLC requirements and adhere to seafarers’ work agreements to ensure healthy, safe and secure work environments. Find out more in the Maritime Safety Awareness Bulletin: https://ow.ly/16YR50R77Aw #SafeSeas #SafetyAtSea #WorkplaceSafety #SeaWorkingConditions

The 2022 amendments to MLC 2006, adopted at the ILO 110th session, are expected to come into force from 1st December 2024. The 2022 amendments to the Maritime Labour Convention (MLC) 2006 introduced several updates across various sections. Here is a short summary: 1. Regulation 1.4 – Recruitment and Placement (Standard A1.4): - Updated paragraph 5(c)(vi) to establish a system compensating seafarers for monetary losses due to recruitment service or shipowner failures, with a mandate to inform seafarers of their rights under this system. 2. Regulation 2.5 – Repatriation (Standard A2.5.1): - Added new paragraph 9 to facilitate prompt repatriation of seafarers, including in abandonment cases, and cooperation among port states, flag states, and labor-supplying states. 3. Regulation 3.1 – Accommodation and Recreational Facilities (Standard A3.1 and Guideline B3.1.11): - Replaced paragraph 17 to update requirements for seafarers' recreational facilities, emphasizing social connectivity and suitability for seafarers' living and working conditions. - Updated paragraph 4(j) and added new paragraph 8 to provide reasonable access to ship-to-shore communications and internet access. 4. Regulation 3.2 – Food and Catering (Standard A3.2): - Revised paragraphs 2(a) and (b), emphasizing the provision of suitable, nutritious, varied, and culturally appropriate food and drinking water, free of charge. 5. Regulation 4.1 – Medical Care (Standard A4.1 and Guideline B4.1.3): - Inserted new paragraphs 5 and 6 to ensure prompt disembarkation and access to medical facilities for seafarers needing immediate care, and to facilitate the repatriation of deceased seafarers' bodies or ashes. 6. Regulation 4.3 – Health and Safety Protection and Accident Prevention (Standard A4.3 and Guideline B4.3.5): - Updated paragraph 1(b) to introduce measures for preventing occupational accidents and diseases, including the provision of personal protective equipment. - Revised the chapeau of paragraph 5 and inserted new paragraphs to ensure reporting of seafarer deaths for inclusion in a global register. 7. Amendments to Appendices (Appendix A2-I and A4-I): - Revised item (g) in both appendices to update information regarding evidence of financial security under specific regulations. These amendments aim to enhance the protection, safety, and well-being of seafarers by updating and expanding regulations related to their recruitment, working conditions, health and safety, and welfare.

Two migrant workers have sued their employer in New Brunswick, alleging exploitation, contract breaches, and inhumane living conditions. This highlights the importance of holding employers accountable for the fair treatment and rights of all workers. #humanrightslaw #employmentlawyer #labourlawyer #labourrightslaw #humanrightslawyer #employeerights #lawfirm #FairTreatment #accountability https://lnkd.in/g-F-NN64

On International Day of the Seafarer we celebrate people who work at sea powering international trade and economic prosperity. We also recognise that they may be at-risk of #modernslavery. According to the International Labour Organization working conditions often associated with seafaring, such as isolation, restriction of movement, excessive overtime and abusive working and living conditions are also key indicators of #forcedlabour. At the same time, complex supplier arrangements associated with sea freight transportation and the need for expeditious shipping mean the relationship between cargo owners and seafarers may be both distant and under constant pressure. The result is that seafarers are among the most essential yet vulnerable working populations in our global economy. For workers in complex maritime supply chains where regulations allow ship owners to use 'flags of convenience' there can be a significantly increased risk of:  • low wages and instances of wage theft • poor on-board working conditions • inadequate food and clean drinking water  • long periods of work without proper rest, leading to stress and fatigue  • lack of an ability to take shore leave or be repatriated at the end of a seafarers’ employment contract term, which could constitute forced labour. This excellent 2022 report produced by UN Global Compact Network Australia in collaboration with many partners is a useful resource. International Maritime Organization Australian Maritime Safety Authority Maritime Union of Australia International Trade Union Confederation - ITUC Stella Maris, Australia Kylie Porter Paddy Crumlin Vanessa Zimmerman Chris Caskey Rod Pickette Julia Bourke Minerals Council of Australia Office of the NSW Anti-slavery Commissioner Mark Dreyfus