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HALANI 1

IMO7816379


Abandonment ID: 00341
Nom du navire:HALANI 1
Pavillon:Saint-Vincent-et-Grenadines
No. OMI (7 chiffres):7816379
Port d'abandon:Walvis Bay anchorage area, Namibia
Date d'abandon:30 avril 2018
Date de notification:27 mai 2018
Gouvernement ou entité rapportante:Fed. int. des ouvriers du transport (ITF)
Nombre de marins:17
Nationalités:Inde(17)
Circonstances:Owner is having financial problems as they can’t come up with payments to seafarers on-board. They did pay off some of their other fleet vessels. But the seafarers on-board the above mentioned vessels have not been paid since November last year.
Actions entreprises:5 février 2019: Autres
Flag State has contacted Port State, through IMO.
Situation concernant le rapatriement:2 mars 2018: Autres
Outstanding

octobre 2018: En attente de rapatriement
9 crew members repatriated, 8 crew members left on board due to local regulations

11 avril 2019: En attente de rapatriement
6 of the 8 seafarers who were on board of the Halani 1 were repatriated to India on 11 April 2019. 2 remain aboard the vessel.

2 mai 2019: En attente de rapatriement
The Namibian Ministry of Transport has communicated, via official correspondence with the International Labor Standards Department Director of the ILO, that ALL outstanding payments to the seafarers were paid in full, but the Master and Chief Engineer whom voluntarily opted to remain behind until the vessel was finally sold, per agreement with the owners of the vessel. There are therefore 2 seafarers who remain behind, awaiting repatriation.
Paiement des salaires:2 mai 2018: Autres
Outstanding remuneration status: Since November 2017 for Officers. Ratings are paid up to January 2018.

2 mai 2019: Réglé
The Namibian Ministry of Transport has communicated, via official correspondence with the International Labor Standards Department Director of the ILO, that ALL outstanding payments to the seafarers were paid in full, but the Master and Chief Engineer whom voluntarily opted to remain behind until the vessel was finally sold, per agreement with the owners of the vessel.
Commentaires et observations:Fed. int. des ouvriers du transport (ITF) (27 avril 2018)
Date of notification to the flag State was 27 April 2018, but the crew informed the flag state before this date.

Fed. int. des ouvriers du transport (ITF) (30 avril 2018)
Flag state does not reply to ITF emails

Organisation maritime internationale (4 juin 2018)
From: Jan de Boer [mailto:JDeBoer@imo.org]
Sent: lundi 4 juin 2018 11:07
To: technical@svg-marad.com
Subject: RE: New abandonment reports - m.v. HALANI I Official n°10327 IMO N°7816379; HALANI 5, Off No 11463, IMO No 9182992

Dear Mr. Dulic,

Thank you for your message and information in response to the renewed call by IMO for comments on the abandoned crew of the ‘HALANI 1’ (IMO Number 7816379) earlier last week. I have duly noted that the ship owner is making arrangements to pay the salaries of the HALANI 1 crew and to repatriate them back home. I have also duly noted that meanwhile the same ship owner is also making efforts to sell the ‘HALANI 5’, which is a closely related abandonment case, in order to pay that crew as well and repatriate them back to their home town.

All this information will be duly recorded on the joint IMO/ILO Database on abandonment of Seafarers.

Thank you and kind regards,

(Relevant email)
Dear Sirs,

We are making arrangements to pay the salaries for the Halani-1 crew and repatriate them back home. Will revert with the plan shortly.
We are also in the meantime making efforts to sell Halani-5 and pay the crew as well as repatriate them back to their home town.
Also provisions have been ordered and same shall be supplied by Monday.

Both the vessels are in good operational state and provisions have been ordered.
We will submit the update on these vessels shortly.

Thanks n Regards,
Kamal Aggarwal


Gouv. de Saint-Vincent-et-Grenadines (12 juin 2018)
From: SVG - Technical Dept (SD) [mailto:technical@svg-marad.com]
Sent: mardi 12 juin 2018 15:10
To: 'Jan de Boer'
Subject: RE: New abandonment reports - m.v. HALANI I Official n°10327 IMO N°7816379; HALANI 5, Off No 11463, IMO No 9182992
Importance: High

Dear Mr Boer,

This is to inform all interested parties that SVG Flag State Inspector has attended the vessel HALANI 1 at Walwis Bay anchorage on 08.06.2018.

The seafarers on board are claiming on the following:
- Seafarers’ wages are overdue
- Food and fresh water have not been regularly provided by the Owner
- Seafarers have requested the repatriation
At the moment food and drinking water (bottles) have been provided by the local Juristic Authorities (Sheriff of the Namibia Court) since vessel has been arrested by Namibia Jurisdiction for unpaid wages. Valid financial securities in accordance with MLC Regulations 2.5 and 4.2 were available on board.
The Master has been instructed to set claim directly against the insurer who should provide up to four months of the outstanding wages and to repatriate the seafarers accordingly.
This Administration maintains regular contact with the Master in order to assist the seafarers as much as possible.
The SVG Flag State Inspector is underway the vessel HALANI 5.

This Administration will keep you posted.

Best regards
S. Dulic
Technical Manager

Office of the Commissioner for Maritime Affairs
Saint Vincent and the Grenadines


Autre (13 juin 2018)
Dear Sir,

Thank you for advising us of the situation.

Owners have confirmed that they have not abandoned either the crew or the vessel and, in fact, they have assured us that the outstanding wages will be paid by Tuesday, 19th June 2018 and the crew shall thereafter be repatriated. We will continue to apply pressure on owners from our end and will provide you with an update by next week.

Kind Regards,

Shiladitya Bose
P&I Underwriter
Thomas Miller Specialty
Authorised signatory on behalf of Navigators International Insurance Co Ltd.


Gouv. de Saint-Vincent-et-Grenadines (13 juin 2018)
________________________________________
From: SVG - Technical Dept (SD) [mailto:technical@svg-marad.com]
Sent: 13 June 2018 15:55
To: Jan de Boer
Subject: RE: New abandonment reports - m.v. HALANI I Official n°10327 IMO N°7816379; HALANI 5, Off No 11463, IMO No 9182992
Importance: High

Dear Mr Boer,

Reference is made to your below email.

Please find attached a copy of valid financial security in accordance with MLC Regulation 2.5 recently forwarded by the Owner.
We have not received any written notice from the insurer thus we assume that the financial security in accordance with MLC Regulation 4.2 remains valid.

Please find attached the information from the insurer which is self-explanatory.
According to the owners the outstanding wages will be paid by Tuesday, 19th June 2018 and the crew shall thereafter be repatriated.


Best regards
S. Dulic
Technical Manager


Gouv. de Saint-Vincent-et-Grenadines (20 juillet 2018)
Dear Mr Noh,

Reference is made to your below email, our recent telcon, as well as yesterday’s telcon with Mr Brandt.

This Administration has urged the MLC Shipowner (HALANI SHIPPING PVT. LTD.) to settle the issue with the crew’s passports.
The MLC Shipowner as well as its local agent has confirmed they did not have any of the crew personal documentation (passports or seaman books).

In addition we have required the crew again to accept the payment and repatriation from P&I i.e. to take advantage of financial security benefits in accordance with the MLC 2006 provisions. The crew has also been advised to register a lien claim in order to receive the rest of outstanding wages.

Needles to say that we have been requesting crew to use this arrangement from the very beginning.
Also SVG Flag State Inspector from Durban, South Africa, has attended the vessel and required the crew to accept the payment and repatriation from P&I.

On 12/07/2018 HALANI 1 crew has informed all interested parties that ‘’ the P & I would give them four months wages only and repatriation while the crew's owing from owners are much more’’.

We are just in receipt of the attached email from HALANI 1 Master confirming that ‘’the P & I proposal is acceptable to us’’.

This Administration believes that the matter is clear now. It is up to Navigators P&I to act in accordance with the valid certificate of insurance.

Navigators P&I, reading in copy, is kindly requested to take the note of the above and to immediately arrange the payment of wages and repatriation for the crew.

In the meantime we will continue to press the MLC Shipowner and to assist the crew.


Best regards
S. Dulic
Technical Manager

Office of the Commissioner for Maritime Affairs
Saint Vincent and the Grenadines
8 ave de Frontenex
CH 1207 Geneva
Switzerland
Tel: +4122 707 6300
Fax: +4122 707 6349
technical@svg-marad.com
www.svg-marad.com


International Chamber of Shipping (29 janvier 2019)
The 8 Indian seafarers abandoned off-shore Walvis Bay in Namibia are facing extreme fatigue, stress, lack of wages and mental health issues. It has been 9 months since the initial notification of the abandonment to the Flag State. The crew have been extremely stressed, their predicament has been documented by the NGO Human Rights at Sea (HRAS). HRAS has communicated their investigation of the labour abuses aboard the Halani 1 to the ICS, and ICS has thus urged the Flag State to resolve this case of abandonment urgently.

Organisation maritime internationale (30 janvier 2019)
Dear Mr. Dulic,

Thank you so much for your swift response. I duly note and I am very happy to read your information regarding the ‘HALANI 1’ (IMO Number 7816379), which is currently still abandoned in Walvis Bay Namibia, that although the vessel is no longer registered under the flag of Saint Vincent and the Grenadines, that you will provide any assistance possible to the seafarers and that you will contact the relevant authorities in Namibia requesting Port State assistance for the repatriation of the crew.

This information will be duly recorded on the IMO/ILO joint database on abandoned seafarers. Likewise we also hope that the crew will be repatriated as soon as possible.

Once again I thank you in advance for all your actions to this effect.

Best regards,

Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
e: jdeboer@imo.org | t: +44 (0)20 7587 3102 | w: www.imo.org




Gouv. de Saint-Vincent-et-Grenadines (30 janvier 2019)
Dear Mr Boer,

Reference is made to the below email.

The Administration, in conjunction with the Managers, intervened on behalf of the crew for their repatriation by the Insurers. We are astonished to learn that there are still eight seafarers on board the vessel HALANI 1 based on the contents of the attached email from the insurers on 26th October 2018 confirming repatriation arrangements.

The Financial security in accordance with MLC Regulations 2.5 and 4.2 for the m.v. Halani 1 terminated since 28.09.2018.
Despite several reminders we did not receive objective evidence that the owner obtained valid financial security in accordance with the said MLC Regulations and as such the m.v. Halani 1 was deleted on 12th November, 2018.

Although the vessel is no longer hoisting the SVG flag, we will provide any assistance possible to the seafarers and, as such, will contact the relevant authorities in Namibia requesting Port State assistance for the repatriation of the crew.

We trust that the above information is useful and hope that the crew will be repatriated as soon as possible.


Best regards
S. Dulic
Technical Manager

Office of the Commissioner for Maritime Affairs
Saint Vincent and the Grenadines
8 ave de Frontenex
CH 1207 Geneva
Switzerland
Tel: +4122 707 6300
Fax: +4122 707 6349
technical@svg-marad.com
www.svg-marad.com


OIT/OMI (20 mars 2019)
Dear Mr. Goeiemann

Further to the correspondence of yesterday Mr. Dulec has kindly forwarded your letter dated 7 March regarding the abandoned crew of the ‘HALANI 1’ (IMO Number 7816379) in Walvis Bay, Namibia. as herewith attached.

I have duly noted the confirmation by the Namibian Maritime Authority that the vessel is arrested by the Namibian High Court as was yesterday also acknowledged by Mr. Dulec in his message. I have also duly noted the opinion of the flag State authorities of Saint Vincent and the Grenadines that the vessel may be shifted to a safe berth where a skeleton crew or no crew is required which would accelerate the repatriation of the crew whose situation is now desperate and that all eventual expenses incurred by this action could be settled by the eventual sale of the vessel.

Furthermore I have duly noted that the Namibian Maritime Administration has no objection to the repatriation of the remaining eight (8) crew members currently on board, provided that substitute arrangements are accordingly put in place for maintaining navigational safety.

Considerable times IMO has requested the flag State to take the necessary actions that the crew is immediately being paid and will most urgently be repatriated in accordance with the relevant MLC Standards. In this regard IMO would also like to refer to the applicable MLC clauses by which also the port State has an obligation to ensure that seafarers are able to exercise their right to repatriation. MLC Standard A2.5 paras 7 and 8 state:

“7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.

8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a shipowner or because of the shipowner’s inability or unwillingness to replace the seafarer.”

These MLC clauses make it quite clear that the port authorities of Namibia cannot deny repatriation to the crew in the current circumstances. Therefore IMO would kindly request you to cooperate with the authorities of Saint Vincent and the Grenadines to allow them to prepare and approve a repatriation plan for the sitting crew, also in good coordination and cooperation with the insurer Thomas Miller who has stated to be ready and stand-by as we have duly noted in previous messages. If the port feels that the vessel will be unsafe if it is left unmanned, then they may wish to take steps to ensure that the safety of the vessel is guaranteed. In other abandonment cases, port authorities have arranged local replacement crews (or at least assisted with such) to provide watch duties etc. to allow the abandoned crew to return home. If the flag state has guidance on cold lay up and any reduction in the safe manning levels due to lay up, that can also be helpful as it may reduce the number of replacements required.

I hope for your understanding that the humanitarian situation for the crew has become unacceptable and I would call for your immediate assistance to find a speedy solution, in good cooperation with the flag State and seafarer States authorities. In this message I include Mr. Subhash Barguzer, Deputy Director General of Shipping (Crew), Directorate General of Shipping, GoI, Mumbai, India.

I look forward to hearing from you which actions are now being taken at your earliest convenient.

Kind regards,

Jan de Boer (IMO)

Fed. int. des ouvriers du transport (ITF) (21 mars 2019)
Mr De Boer has clearly set out the obligations put on all state parties by the MLC in his various emails. I’m sure you are all aware of these obligations.

I note that the objection from Mr Goeiemann to the repatriation of the crew relies specifically on safety. I would like Mr. Goeiemann to keep in mind that the crew remaining on the vessel have been abandoned. They are unpaid, far from home and under a huge amount of stress.

Your call for safety ignores both the safety of the abandoned crew on the vessel and the fact that safety of surrounding vessels may be endangered by the highly stressed and fatigued seafarers on Halani 1 who should have been returned home long ago. The stress and anguish they face grows by the day.

The owner of the vessel has faced pressure to intervene in this case for many months and has done nothing. At this point, we cannot rely on the owner to take action. State parties must intervene to protect the basic human rights of the crew.

Please take the time to put yourself in the shoes of the crew. They do not want to be there. They are working on the vessel against their will. They have been incredibly patient waiting while numerous parties have failed them.

These seafarers are being abused and exploited. It is within the power of those reading this email to end that. I ask them to do so immediately.

Kind regards

Jonathan Warring (ITF)

International Chamber of Shipping (22 mars 2019)
Dear Jonas,

ICS fully concur with the comments made by Mr Warring. This case has taken far too long to resolve sensibly for the seafarers concerned. Your help in expediting action now would be much appreciated.

Natalie Shaw
Director of Employment Affairs for ICS



Organisation Internationale du Travail (27 mars 2019)
The Permanent Secretary
Department of Labour
MAFFRTIL
Richmond Hill
Kingstown
VCO120
St Vincent et les Grenadines, Antilles

Dear Sir,

I wish to inform you that I have received a communication dated 25 March 2019 from the International Chamber of Shipping (ICS) requesting the intervention of the ILO Director General concerning the abandonment of the vessel Halani 1 (IMO 7816379) flying under the flag of Saint
Vincent and the Grenadines, located at Walvis Bay, Namibia. As indicated in the attached communication, the ICS has raised concerns regarding the humanitarian situation of the seafarers on board.
In this context, allow me to remind you that according to Standard 2.5, paragraph 5 of the Maritime Labour Convention, 2006, as amended (MLC, 2006) ratified by Saint Vincent and the Grenadines, if a shipowner fails to make arrangements for or meet the cost of repatriation of seafarers
who are entitled to be repatriated: (a) the competent authority of the Member whose flag the ship flies
shall arrange for the repatriation of the seafarers concerned (...).
In light of the above, I would be grateful if your Government could adopt all necessary measures
without delay to ensure the repatriation of the crew as well as the payment of all outstanding benefits.
I would appreciate if your Government could transmit as soon as possible to the ILO any information it may wish to make on the matters raised therein. In accordance with the regular procedure concerning informal interventions, the content of your communication will be duly
transmitted to the organizations concerned.

Yours faithfully,
For the Director-General: Corinne Vargha
Director of the International Labour
Standards Department


Gouv. de Namibie (2 mai 2019)
The Government of the Republic of Namibia had informed the ILO that 6 of the 8 seafarers have been repatriated to India.

Fed. int. des ouvriers du transport (ITF)
P & I Insurance with Navigators which expired on 20.02.2018.

 
Saisie: mardi - 19 mars 2019 a 17:26:48
Dernière mise à jour: lundi - 6 mai 2019 a 11:57:28
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