ITF helps seize a vessel off Senegal to help secure wages

Representing the rights of seafarers

SENEGAL: The ongoing plight of four seafarers on board the MV Onda just outside of Dakar, came to a head this month as the International Transport Workers’ Federation (ITF) stepped in to help seize the stricken vessel after port authorities failed to respond to their call to repair the vessel’s engine.

Acting on behalf of the four crew, the ITF went to a Senegalese court to have the ship legally seized, as its ongoing position near a busy shipping lane left crew and others vulnerable to collision at night, with no engine to power the vessel’s warning lights.

The vessel remains seized until the owners pay the more than USD $84,000 owed in wages to the beleaguered crew. Seizing the vessel means the ship cannot be used by its owner until the debts are settled.

The ITF is also claiming costs from the owners as they left the ship at anchor for lengthy periods without providing adequate provisions for the crew, as a shipowner is obliged to under the Maritime Labour Convention and most seafarer contracts. The ITF has stepped in on several occasions to ensure the seafarers did not starve.

A number of attempts have been made by the owners of the vessel to trick the crew into putting the vessel back into operation. According to the ITF, a Nguetsop Pierre Robinson, of Cameroon, presented himself to the crew as the new owner of the ship; telling them that they would be paid some time in the future if they returned to service.

The ITF, however, advised the crew that they stand very little chance of recovering what they’re owed if they accept this kind of deal.

In late January, the lawyers of the owner made a new approach, upping their offer to get the Onda moving. In trying to cut a deal with the Master of the vessel, they offered him a paltry USD $33,000. Well short of the $55,000 in wages the captain is owed. With his consent, the ITF rejected this insulting offer on behalf of the captain.

Senegal violates international law

However, the crew find themselves in limbo because they cannot leave the ship to go home while the dispute continues and port authorities have refused help despite clear obligations under the Maritime Labour Convention (MLC 2006) which Senegal has ratified.

They refused to allow the ship into Dakar, claiming the port was too busy, and have persistently ignored requests from the ITF to intercede on behalf of the seafarers. In taking that approach, they are effectively violating the terms of the MLC which gives them a clear responsibility to protect seafarer welfare when neither owner nor flag State steps in. In this case, the owners allowed registration of the ship to lapse some time ago, meaning there is no flag State.