An abandoned crew in the 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.
click here to read about the Consolidated Maritime Labour Convention
