News 8 Seafarers awarded bonuses for transiting pirate infested waters

LOGBOEK - JOURNAL DE BORD

Seafarers awarded bonuses for transiting pirate infested waters

We are now seeing some action in the Gulf of Aden area, both from the United Nations, the various shipowner organisations and unions all aimed at looking after seafarers.

For example, the UK Warlike Operations Area Committee (WOAC) has agreed that the 'high risk' zone declared in the Gulf of Aden should continue in force.

WOAC first agreed to issue a recommendation designating the Gulf of Aden between 45 deg E and 53 deg E and north of a straight line connecting Cape Guardafui and the western tip of the Island of Socotra a 'high risk' zone on 28th October, due to the activities of pirates operating from Somalia.

All ships transiting the zone are recommended to remain within the Maritime Security Patrol Area defined by the Commander of CTF150. Operators of ships not remaining within that area (other than for reasons purely related to safety of life at sea, weather, navigational safety or military instructions) should allow seafarers not wishing to proceed to the area to leave the ship (or not to join it) at a preceding port.

It was further recommended that ship operators in the zone should make special payments to all crew members of 100% of normal pay. The special payments should be payable in half-day increments, in respect of each day or half-day during which the ship is in the zone, in recognition of higher risks associated with transiting this area and the payments should be in addition to all other remuneration earned.

However, where operators arrange military escorts for their ships, or on board security teams to provide continuous monitoring and protection during the transit of the high risk zone, they are deemed to have mitigated the risks such that the special payments need not be paid.

The recommendation will be reviewed by the WOAC not later than 28th December. In addition, following a meeting of the International Bargaining Forum (IBF) in Hong Kong on 21st November and subsequent correspondence, it was agreed to extend the 'high risk area' to cover the entire Gulf of Aden*, backdated to 21st November at midnight.

The expansion has been agreed because of the number of attacks, which had occurred outside the previously agreed zone, including the VLCC Sirius Star which was hijacked off the coast of Kenya.

As a result, seafarers on ships covered by IBF agreements will receive a bonus equal to 100% of their basic wage while the vessel is in transit. Likewise the normal rates of death and disability compensation for seafarers will continue to be doubled during this period. The previously agreed terms adopted for Filipino seafarers by the POEA will also continue to stand in the extended high risk area.

Despite the increase in piracy in the region, the effectiveness of the channel through the Gulf provided by the designated, IMO-approved, Maritime Security Patrol Area was recognised by the IBF and the increase in, armed naval forces in the region was welcomed.

Also acknowledging the continuing government resolutions and industry organisations efforts to make the Gulf of Aden a safe sea lane, the IBF has agreed that seafarers on ships using this corridor should continue to serve on their vessels during transits. However, seafarers that served on ships that chose not to use the Maritime Security Patrol Area should have the right to refuse to make the transit and to be repatriated at owners' expense, the IBF said.

*The new high risk area has been projected north and south of theexisting area, to the Yemeni coast in the north and to the existing warlike operations area in the south, also encompassing the Island of Socotra. The eastern and western boundaries of the area have been adjusted to meet the mouth of the MSPA on each side. The western border of the high risk zone, therefore runs from the coastline at theborder of Djibouti and Somalia to position 12 15 N, 45 E; from 12 35 N, 45 E to Mayyun Island in the Bab El Mandeb Straits. The eastern border runs from Rhiy di-Irisal on Socotra Island to position 14 35 N, 53 E; from 14 45 North, 53 E to the coastline at the border between Yemen and Oman.