Angelic Power的船员在国际运输工人联盟 (ITF) 帮助下终获遣返回家。 (图片来源:ITF)
The crew of the Angelic Power, one of several crews repatriated with the help of the International Transport Workers’ Federation (ITF). Image: ITF
船员遗弃问题日益严重,国际航运公会(ICS)、国际海事组织(IMO)及国际运输工人联盟(ITF)均关注,遗弃问题导致数百名海员被困船上,部份人更长达数年无法回家。国际海事机构担心,有关问题在新冠疫情下恶化,个案数目恐持续上升。
The International Chamber of Shipping (ICS), International Maritime Organization (IMO) and International Transport Workers ‘ Federation (ITF) are concerned with the growing problem of crew abandonment, which leaves hundreds of seafarers trapped aboard, sometimes for years. International organizations are expressing concern about the rise in cases of crew abandonment worldwide during the Covid-19 pandemic.
据ITF的遗弃个案数据库资料,自疫情开始,该组织正处理的弃船数量增加超过一倍,由2019年的40宗,增加至2020年的 85宗,受影响的海员逾1,300名。问题之广泛遍布全球,中国、阿联酋及意大利等都有发生。
According to the ITF, the number of ship abandonments the organization is dealing with has more than doubled since the start of the pandemic, from 40 cases on the database 2019, to 85 in 2020. The scale of the problem becomes clear when it is understood that these 85 cases involved more than 1,300 seafarers. The problem is also worldwide, with cases from China to the UAE to Italy.
2021年相关个案已增加至少28宗。负责统筹ITF检查员工作的Steve Trowsdale警告,该组织接获的个案只是冰山一角,更多个案恐未有通报。此外,ICS在六月时表示,过去两年接触超过100名海员未获遣返回家。
A further 28 cases have been added in 2021. ITF Inspectorate coordinator Steve Trowsdale warns that these officially reported cases are just ‘the tip of the iceberg’, with many more going unreported. ICS reported in June that it has been involved in the repatriation of more than 100 seafarers during the past two years.
同时,IMO与国际劳工组织 (ILO) 合营一个涉及海员的弃船案例数据库(包含ITF数据)。在2021年7月26至30日举行的IMO法律委员会会议上,出席代表均关注到数据库中被遗弃海员数目正惊人地上升,从2020年1月1日至2021年4月1日,共有111宗新个案报告,但至26日会议举行时,当中只有43宗获解决。然而,2021年第二季有关个案再新增27宗,显示问题每况愈下。
Meanwhile, in collaboration with the International Labour Organisation (ILO), the International Maritime Organisation (IMO) maintains a database of cases of abandonment involving seafarers (the ITF database also feeds into this). In the IMO Legal Committee session from 26-30 July 2021, delegates noted the alarming increase in the number of abandoned seafarers added to the database. From 1 January 2020 to 1 April 2021, 111 new cases had been reported. On 26 July when the committee met, of the 111 new cases, only 43 had been resolved. Another 27 were added in the second quarter of 2021, continuing the disastrous trend.
责任之承担Living up to responsibilities
国际组织研究发现,船员遗弃问题与部份国家未能履行对海员的责任有关,包括法律和道德层面上。
Organisations examining the problem have found that it is often related to a failure on the part of nations worldwide to fulfil their obligations to seafarers – both legal and moral.
Trowsdale指出,导致弃船问题恶化的其中一个原因,是船旗国未有履行对海员的责任,船旗国应确保悬挂其国旗的船舶,需要按时支付海员工资,在雇佣合约结束时将他们遣返,并提供生活所需。
‘Abandonment is on the rise, and sadly a reason for that rise has been flag states not living up to their responsibilities to seafarers,’ said Mr Trowsdale. ‘Flag states are supposed to ensure that ships that fly their flags are paying seafarers on time, repatriating them at the end of contracts, and providing the necessities of life.’
方便旗注册系统亦似乎是其中一个主要成因,ICS分析不少案件的船只注册国家,都是过去一年尚未推行《海事劳工公约》(MLC)的船旗国,尤其是乌克兰、喀麦隆、巴林和玻利维亚。该公约保障海员的基本权利,并要求船东购买弃船保险。
The flag of convenience system does seem to be a major contributing factor. The ICS has identified an issue over the past year with flag states that have not ratified the Maritime Labour Convention (MLC), which guarantees basic rights for seafarers and mandates that shipowners have insurance to cover abandonment. Many of the recent cases are related to vessels registered in these countries, especially Ukraine, Cameroon, Bahrain, and Bolivia.
而其他拥有良好声誉的船旗国,并已签署MLC的国家,就因未能履行其义务而受到谴责,包括遭遗弃海员数量最多的印度,和过去一年发生弃船个案最多的巴拿马。
However, other countries that do have reputable flags and are signatories to the MLC have also been condemned for failing to live up to their obligations. These countries include India, which has the largest number of abandoned seafarers, and Panama, which had the largest number of cases of ship abandonment in the past year.
讯息之重要Information is vital
IMO法律委员会强调,及时更新弃船数据库对于解决这日益严重的问题至关重要,故鼓励成员国在其港口或悬挂其国旗的船只上,一旦发生弃船事件时,应即时向数据库报告;同时,更多国家应批准实施《海事劳工公约》及确保有效地推行。
The IMO Legal Committee emphasises that keeping the abandonment databases up to date is vital to tackling this growing problem. It encourages member states to report incidents of abandonment to the database when they occurred in their ports or on vessels flying their flag; and to further ratify and effectively implement the Maritime Labour Convention (MLC, 2006).
Nautilus成员亦可出一分力,IMO各持份者包括船旗国、咨询机构或观察组织等,如得悉有弃船事件发生,应即时报告。
Nautilus members can assist in this process. Various stakeholder organisations at the International Maritime Organisation (IMO) can report a case of abandonment if they are informed that it has taken place. This including flag states, and NGOs with consultative or observer status.
根据2001年IMO/ILO指南,弃船的特点是船东和海员之间关系断绝,当船东未能履行对海员的基本义务,包括及时遣返、支付拖欠工资和提供基本生活必需品(例如食物、住宿和医疗),船长又没有经济能力经营船舶。一旦怀疑有船被遗,应联络ITF的海员支援,ITF会将事件记录在数据库,并向IMO报告。
According to the 2001 IMO/ILO Guidelines, abandonment is characterised by the severing of ties between the shipowner and seafarer. This occurs when the shipowner fails to fulfil fundamental obligations to the seafarer regarding timely repatriation, payment of outstanding wages, and provision of the basic necessities of life (e.g. food, accommodation, and medical care). Abandonment is considered to have taken place when the master has been left without the financial means to operate the vessel. If you suspect a ship has been abandoned, you should contact ITF Seafarer Support. The ITF will then log the incident in its own database and report it to the IMO.
近年弃船事件Recent abandonment cases
叙利亚借海员Mohammad Aisha 在苏彝士运河等待出售的废弃巴林旗 MV Aman上渡过4年,最终在今年4月22日回国。
Syrian seafarer Mohammad Aisha spent four years aboard the abandoned Bahrain-flagged MV Aman in the Suez Canal while the vessel waited to be sold. He finally returned home on 22 April.
Eide Trader的船员于 2020 年在阿联酋沙加港被雇主离弃。至今年2月 11日,最后5名船员才得以回家。
The crew of the Eide Trader were abandoned during 2020 by their employer at Sharjah Port, UAE. On 11 February the five remaining crew members were able to go home.
9名希腊和15名菲律宾船员被困在中国广州的MV Angelic Power货轮上长达17个月。该船遭船东遗弃,本应支付遣返费用的保险亦已过期。经过一场官司,最后一批船员于7月21日被遣返回国。
Nine Greek and 15 Filipino crew were trapped aboard the bulk carrier MV Angelic Power at Guangzhou, China, for up to 17 months. The ship owner abandoned the vessel, and the insurance which would have paid for repatriation had expired. Following a legal battle, the last crew members were finally repatriated on 21 July.
MV Ula上的25名船员于2019年被遗弃,当时船东停止支付他们的工资,亦拒绝提供食物、燃料和水。海员几经波折,包括因疫情被科威特当局禁足上岸,最终获IMO、ILO和ITF的援助,最后一批海员正返回家乡,有海员被困在船上已长达31个月。
25 crew aboard the MV Ula were abandoned in 2019 when the owner stopped paying their wages and providing food, fuel and water. Their ordeal included being detained aboard by Kuwaiti authorities due to Covid-19. The final seafarers are returning home thanks to IMO, ILO and ITF intervention, with one having been trapped aboard for 31 months.
资料来源: Nautilus International
Source: https://www.nautilusint.org/en/news-insight/telegraph/trapped-onboard/