Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
The vessels were identified during the five-day Flag of Convenience (FOC) inspection
by ITF volunteers in Port Klang and Penang on Dec 5 and they have reported the
matter to their inspectors in London.
<p>The names of the vessels and other details have been sent to ITF headquarters
to look out for the targeted vessels in their next port of call and to take
action. </p>
<p>According to ITF, vessels failing to comply with the international standard
and regulation rules can be detained and shipowners fined. </p>
<p><i><img src="images/news/mt_pg32foc.jpg" width="300" height="208">One of the
24 vessels inspected by the ITF volunteer inspectors during the FOC campaign
week of action. – Starpic by KAMAL SELLEHUDDIN</i></p>
<p>Among the defaulters was a shipowner of a Cyprus registered vessel at Westport
who was found not paying wages and overtime as per agreement signed. </p>
<p>Another ship owner of a Panama- registered vessel, was caught paying a different
salary scale for its Chinese and Korean crewmen, which was against the Korean
Seafarers Union agreement. </p>
<p>A Croatian captain of Marshall Island-registered vessel refused to provide
any documents when a team of ITF inspectors visited the ship at Northport. </p>
<p>Three other vessels were found to have breached the ITF guidelines on the treatment
of sailors, environment and cleanliness. </p>
<p>One vessel in Port Klang was found not keeping the contract signed between
the ship owner and crewmen on board as required under maritime law. </p>
<p>“Transport Ministry should direct the Marine Department to conduct regular
and stringent inspections on Flag of Convenience (FOC) vessels calling at Malaysian
ports,” said Union of Employees of Port Ancillary Services Supplier secretary
A. Balasubramaniam. </p>
<p>He said this was due to more and more FOC vessels calling at local ports, escaping
stringent regulations of ship inspection in Europe. </p>
<p>“This is a trend now and the department should enhance checks on such
vessels because they are not complying with the International Maritime Organisation’s
minimum standard. </p>
<p>“We as ITF affiliates are ready to co-operate with the Marine Department
to protect seafarers welfare and their wellbeing,” he said. </p>
<p>Balasubramaniam said the Marine Department has the powers under the flag state
control and port state control to check all vessels calling at local terminals
to ensure they are in compliance with international maritime statutory requirements
and are seaworthy. </p>
<p>“We are not only helping the seafarers, but also assisting the government
to save a few million ringgit annually in salvaging shipwrecks unclaimed by
unscrupulous shipowners. </p>
<p>“We should protect our ports from sub-standard ships because any mishaps
involving poorly kept vessels can cripple port operations,” he said. </p>
<p>In view of the increasing number of FOC vessels plying in Malaysian waters,
Balasubramaniam said a senior ITF inspector would be placed in Malaysia by the
middle of next year. </p>
<p>“By having an ITF inspector, prosecution and action can to be taken against
FOC vessels swiftly. </p>
<p>“Furthermore, FOC vessels can also sign agreements with ITF in Malaysia
in the interest of protecting the seafarers,” he said. </p>
<p>The ITF has a number of collective agreements for seafarers, which ensure decent
salaries and conditions for FOC seafarers, thus helping to prevent unfair wage-based
competition, which contributes to the tendency for vessels to be flagged out.
</p>
<p>“One of the most vital inspection requirement is the wage account that
required shipowners to pay a minimum wage of US$1,400 to a regular crewman inclusive
of basic wages, subsistence allowance, paid leave and 103 hours of guaranteed
overtime per month,” he said. </p>
<p>Other inspection requirements include certificate of registry, ship particulars,
crew list, ITF agreement, ship articles, blue or green certificates and safe
manning certificate. </p>
<p>“We also inspect the physical facilities such as food store, safety equipment,
rest area and kitchen,” he said. </p>
<p>The FOC campaign had been initiated in Malaysia since 1999 as a yearly measure
to ensure FOC ship owners complied with ITF and International Labour Organisation
guidelines and regulations.
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