An Abandoned Crew in Port Victoria, Seychelles
In February 2006, the 18 crew members of the cargo ship
Al Manara were abandoned in Port Victoria in the Seychelles.
The crew had no food or water. They were owed US$68,000 in
unpaid wages dating from June 2005. The ship, which they
were not allowed to leave, was infested with rats and
cockroaches.
The Al Manara had been en route from Somalia to Dubai
with a cargo of coal. The Captain was from Iraq, the crew
from various countries including Ethiopia, India, Myanmar,
Sudan and Ukraine. The ship flew the flag of St Kitts &
Nevis.
There are conflicting reports of what happened. It is
clear that the Al Manara experienced problems including
engine failure. The US Navy assisted the ship on the high
seas and provided food and water. However when the Al Manara
was towed to port by the Seychelles authorities, the ship
had been drifting for 18 days.
In addition to the crew, two men from Somalia were
onboard. These men had been imprisoned by the crew on the
orders of the US Navy. Reports differ as to whether they
were pirates who had boarded the ship illegally or armed
guards hired to protect the crew as they sailed through the
notoriously dangerous Somali waters.
Whatever the true facts of the case, for the Apostleship
of the Sea, the issue was clear: 20 human beings needed
assistance.
Albert Napier is the National Director of AOS Seychelles.
He started visiting the Al Manara bringing practical help.
On 28 February 2006 he reported
“Today I have brought some provisions like biscuits,
bottled water, juice, packets of noodles etc to the crew
onboard the ship but it is not enough to feed all of them
and they are starting to fight with each other because the
scarcity of foods.”
The cost of living is high in the Seychelles. Providing
sufficient food and water for twenty men is expensive.
Albert requested financial help from various sources. The
International Transport Federation (ITF), which is based in
London, sent US$1,000 to AOS Seychelles for the care of the
Al Manara crew.
The ITF also contacted the interested parties. Mr John
Canias of the ITF Special Seafarers Department reported that
the ship’s owner, an Iraqi living in Dubai, seemed
“unconcerned” about the welfare of the crew. The owner of
the cargo, also Iraqi, refused to assist the crew. Under
pressure from the ITF, the St Kitts & Nevis International
Ship Registry, i.e. the Flag State, agreed to make a
donation to AOS Seychelles “for the seafarers’ immediate
needs”.
Albert was able to bring further supplies to the crew.
Unfortunately, their problems were increasing, as he noted
“The state of the ship and the crew is deteriorating as
five of them are suffering from vomiting, stomach pain, flu
etc. Lately the Captain has written to the Authority on the
issues and has also resigned from his responsibility as the
Captain of the ship. The ship is also taking water at a slow
pace, yet the Authority has so far not responded for his
appeal.”
The Seychelles Port Authority issued a demand for payment
of towing dues and the cost of fumigating the ship. At this
point, the owner abandoned the ship, refusing to take any
responsibility or respond to communications. As a result,
the ship was arrested: the start of a process by which the
ship and cargo are sold to pay the outstanding dues. Albert
reported
“On Tuesday 28th March 2006, the Seychelles Port
Authority filed a court case against the owner of AL MANARA
claiming towing and other services charges of over
US$100,000. Date of hearing is not yet fixed but it might be
within the coming week.
The Attorney General’s office has refused to assist as
far as the crew’s outstanding wages and repatriation fees
are concerned. The stranded seamen are now desperate as they
will need to stay on longer.”
The Indian High Commission in the Seychelles agreed to
arrange the repatriation of the ten Indian crew members. The
two Somali prisoners were also able to return home. The
other nationalities, Burmese, Ethiopian, Sudanese, Iraqi and
Ukrainian, did not have consular or diplomatic
representation in the Seychelles. The Captain attempted to
seek asylum in Canada at the British High Commission but was
removed by the Seychelles police.
By the end of March supplies of food were low again.
Albert wrote
“Tension is really high amongst the crew, they feel like
prisoners not being able to move around or do some exercise
as they are abandoned on their vessel outside Port Victoria.
They have been fighting among each other over food. Some are
losing their faith and confidence in the Captain.”
As the owner had abandoned the ship, Mr Canias of the ITF
requested that the St Kitts & Nevis International Ship
Registry meet the cost of repatriating the crew. In a
written response they stated
“We will not be allowing this owner or associates to
register a ship with us in future…However, we are of the
opinion that the repatriation of seafarers is a matter for
their respective national governments.”
Mr Canias responded pointing out that this is not the
internationally agreed position. According to the
Consolidated Maritime Labour Convention (2006)
“If a shipowner fails to make arrangement for or to meet
the cost of repatriation of seafarers who are entitled to be
repatriated: the competent authority of the Member whose
flag the ship flies shall arrange for repatriation of the
seafarers concerned”
However, Mr Canias conceded that the newly adopted
Convention is not yet in force.
By the middle of April, Albert was struggling to find
local sources of funding to buy food for the crew. The
Captain reported that there was no more fuel to run the
generators and that the ship was in darkness. Having
exhausted all other possibilities, the Directors of the ITF
agreed to fund the repatriation of the remaining seafarers.
With the exception of the Captain who remained in the
Seychelles seeking asylum, all the crew returned to their
own countries. They did not receive their outstanding wages.
This case highlights the need for ratification of the
Consolidated Maritime Labour Convention. It also shows how
much can be achieved when there is co-operation among
agencies which work for the welfare of seafarers. Above all,
the role of Albert Napier in assisting the crew of the Al
Manara demonstrates the importance of having pastoral
workers in ports ready to offer unconditional friendship to
seafarers in need.
Update, December 2006
At the end of August 2006 the Seychelles Supreme Court
ruled that the Al Manara should be sold. The judge, Justice
Ranjan Perera, also ruled that part of the dues should be
used to pay the wages of the seafarers. At the time, Albert
Napier described the decision as a victory for seafarers
everywhere saying
“There are millions of sailors who are abandoned without
fuel or supplies around the world by ship owners and the
order by Judge Perera was a good sign that the law can swing
in favour of sailors”.
The vessel was valued at USD$600,000 and judicial sale
was scheduled for October. However the sale did not attract
bids at market value. The Harbour Master, conducting the
sale, applied to the Supreme Court for permission to sell
the vessel at below market value. The Court acceeded and the
Al Manara was sold in November to anonymous bidders for
US$330,000, around half its true value.
The proceeds of the sale have been lodged with the Court
which will decide how to distribute them among the
creditors. According to international law, following the
judicial sale of a ship, paying the wages of the crew should
take priority over other claims. AOS is monitoring the
situation.
Nine months after this ordeal began, the seafarers of the
Al Manara are still waiting to receive their wages.
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