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Sea Freight

Union ruling gives seafarers right to refuse to sail

19 Feb 2024 - by Staff reporter
 Source: Nautilus International
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In light of continued incidents in the Southern Red Sea and the Gulf of Aden, transport unions are pulling out all the stops to protect the safety of seafarers and vessels.

The International Bargaining Forum (IBF) Warlike Operations Area Committee (WOAC) convened earlier this month and agreed to additional measures to support seafarers’ safety and welfare.

As the conflict in the region has escalated, with further attacks on commercial vessels that are increasingly more sophisticated, the IBF WOAC has agreed to expand the High-Risk Area to include the Gulf of Aden and surrounding waters.

It has also agreed to include in the existing conditions for the designated IBF High-Risk Area for the Southern Red Sea and Gulf of Aden the seafarers’ right to refuse to sail into the area, with repatriation at the company’s cost and compensation equal to two months’ basic wage. 

The two months’ basic pay compensation will not be applicable if the seafarer is transferred to another vessel belonging to or related to the same owner/manager, on the same rank and wages and all other terms. There will be no loss of earnings or entitlements during the transfer, and the company will be liable for all costs and subsistence during the transfer.

“The decision to include seafarers’ right to refuse to sail was not a step taken lightly as this could negatively impact global trade, but the safety of the seafarers is paramount,” a spokesman said. 

According to a statement from the organisation, collaboration between local and international governments, flag states, ports and airports will be crucial for seafarers to be repatriated safely and expeditiously, should they request it. Seafarers must give seven days’ notice prior to entering the area, given the logistical constraints of passage and the difficulty of facilitating disembarkation in a safe port and mobilising repatriation in the area.

Seafarers who are on board vessels within the High-Risk Area or are due to transit into the High-Risk Area within the seven-day window from the initial date of publication, will not be able to exercise their right to repatriation. 

The IBF WOAC has urged the international community to collaborate with local governments in the area to support international shipping and to ensure the safety of seafarers so that vessels can transit free from threat and aggression, as is their right under international law.

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