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Miss Gaunt

IMO7716957


Abandonment ID: 00362
Nombre del buque:Miss Gaunt
Bandera:Curazao
No. OMI:7716957
Puerto de abandono:Alang India
Fecha de abandono:19 Octubre 2018
Fecha de notificación:16 Noviembre 2018
Reporting Member Govt. or Org.:Fed. Int. de los Trabajadores del Trasporte (ITF)
No. de marinos:8
Nacionalidades:Indonesia(8)
Circunstancias:3 months wages outstanding. Owner claims it is unable to pay.
Acciones tomadas:20 Noviembre 2018: Other
Owner contacted. Flag state and P&I advised of case – no response from either to date. Owner advised to contact the P&I club

16 Enero 2019: Vessel arrested by the Port State
The vessels Miss Gaunt(IMO:7716957) and Northwind (IMO:9577472) have been arrested by the Hon’ble Gujarat High Court.
Estado de la repatriación:20 Noviembre 2018: Other
3 unpaid off-signers have been repatriated. Rest of crew remain on board

23 Febrero 2019: Repatriation pending
5 crew members of the Miss Gaunt landed in Indonesia on 23/02/2019

25 Marzo 2019: Repatriated
All of the crew of the ‘MISS GAUNT’ are now repatriated and their wages have been paid for 4 months subject to further claims for the rest of the unpaid remuneration.
-IMO
Estado del pago:20 Noviembre 2018: Payment Pending
3 months wages amounting to $162608

25 Marzo 2019: Partially paid
The crew of the 'MISS GAUNT’ are now repatriated; their wages have been paid for 4 months subject to further claims for the rest of the unpaid remuneration.


Comentarios y observaciones:Fed. Int. de los Trabajadores del Trasporte (ITF) (20 Noviembre 2018)
(Figures 15-11-18)
Fuel 9m3
Fresh water 7m3
Food 5days


Países Bajos (23 Noviembre 2018)
From: jan.sierhuis@gobiernu.cw [mailto:jan.sierhuis@gobiernu.cw]
Sent: 22 November 2018 16:52
To: Jan de Boer
Cc: Rijn, N.E. van (Norbert) - DGB ; oswaldo.windster@gobiernu.cw; Aswin Noordermeer
Subject: Fw: New abandonment cases notification

Good day Mr. de Boer, Mr. Noordermeer,

Please be advised of my correspondence in Dutch with Mr. Norbert van Rijn of DGB in Holland.

Please be advised also this matter has our attention as flag and we are preparing for immediate action in the direction of the owner/manager. I will include you in any further communication on this matter. Be advised that Curacao has accepted the MLC amendments with the exception of the repatriation articles, to be dealt with later. We are in the process of doing just that. For the time being, we focus on the P&I insurance and obligations of the owner/manager.

This is a case of non-payment of course, and against all MLC and legal obligation that apply to our vessels. Hence, we will keep you posted.

Kind regards,

Jan Sierhuis, director
Maritime Authority Curacao


Indonesia (10 Enero 2019)
From: Charly John [mailto:charly.john12@gmail.com]
Sent: 10 January 2019 09:44
To: Makmur Pajanang
Cc: Edwards, Harry; Dirk Jan van Mourik; Aswin Noordermeer; Consular Affairs Indonesian Embassy in The Hague; KBRI Mumbai Pak Soemarjanto; ilo@ilo.org; jak@minbuza.nl; manningshipr@maritimecuracao.org; Astrid Gabel; Louis Gomes; Hird, Michael (Lodestar); charly@kjrimumbai.net; jan.sierhuis@gobiernu.cw; oswaldo.windster@gobiernu.cw; newsroom@ilo.org; Warring_Jonathan@itf.org.uk; Mcintosh_Finlay@itf.org.uk; Sylvie De Smet; Philippe Trouillard; Jan De Vrij; JDeBoer@imo.org; Sunil Dsouza; Ibu Andini Fitriliah
Subject: Re: When are our salaries sent and return tickets.

Dear Mr. Harry and Edwards,
It is almost three weeks that Lodestar have came into picture for immediate
repatriation of the stranded Indonesian Crew of Miss Gaunt after paying 4 months
salary and ticket. However, it seems no much action is going on.
We once again request you to kindly take speedy action to send the Indonesian
crew back to Indonesia on a priority basis.
Please let us know what prevent you to take action
With regards,

For Consul General of Indonesia,

Andini Fitriliah
Vice Consul
Indonesian Consulate General
Mumbai
10th January 2019

Indonesia (12 Enero 2019)
Dear Mr. Makmur Panajang,

I have been monitoring this situation since I received the information from the Legal Division of IMO - Mr. Jan De Boer. I have been also monitoring the negotiations that have been done by our Consulate in Mumbai by Ms Andini Fitriliah (Vice Consul – Consular & Protocol).

All our embassies and consulates around the world have full power to assist and protect any Indonesian Migrant Seafarer and any Indonesian Migrant Fishermen working anywhere in the world. Please update any situation that the Indonesian Seafarer face to Ms. Andini Fitriliah of our Mumbai Consulate. She knows what she has to do.

Please note that Indonesia is Party to the Maritime Labor Convention 2006. Indonesia also has two laws to protect Indonesian Migrant Seafarers and Indonesian Migrant Fishermen, namely Law No, 18/2017 on the Protection of Migrant Workers (Including migrant seafarers) and Law No. 7/2016 on the Protection of Fishermen (including migrant fishermen).

I know that our Mumbai Consulate can give you full assistance. In case it goes beyond limits and cannot be handle by our Mumbai Mission. I will take over from Jakarta.

Next week I will ask my Minister to SUMMON the Dutch Embassy in Jakarta to my office and I will draft a letter from my Minister to my Foreign Minister to take appropriate and immediate actions.

I personally will bring this issue to the next IMO Maritime Safety Committee if the ship owner and her insurance cannot solve this problem in due course and I will also talk to ILO as now I am working with the ILO to assist Indonesia to ratify ILO C188 Work in Fishing Convention to compliment MLC 2006.

Please Ms. Andini report the case to the capital immediately.

Best Regards,

Basilio Araujo

Assistant Deputy Minister for Maritime Security and Resilience
Coordinating Ministry of Maritime Affairs of Indonesia

Asisten Deputi Keamanan dan Ketahanan Maritim
Kementerian Koordinator Bidang Kemaritiman Indonesia

E-Mail: araujobasilio@yahoo.com


Países Bajos (14 Enero 2019)
Dear Mr. de Boer,

Thank you for your message and please be advised as follows.

We are on this case and currently discussing diplomatic action as flag state via the Kingdom. We hope to inform you shortly on this matter. It already has the attention of the Consul General in Mumbai, with whom we are in direct contact. We will update you as soon as the diplomatic course of action is decided.

Sincerely,

Jan Sierhuis, director
Maritime Authority Curacao

Meteo Builing, Kaya Afido z/n, Seru Mahuma
Willemstad, Curacao
www.maritimecuracao.org

+ (599-9) 839-3707 (secretary)
+ (599-9) 839-3707 (office)
+ (599-9) 512-4379 (cell)





Fed. Int. de los Trabajadores del Trasporte (ITF) (17 Enero 2019)
Dear Sunil,

I am surprised to read your email below stating that the Club will not take any further responsibility for supplying the vessel Miss Gaunt.

The requirements for the financial security to be provided are set out in the MLC at paragraph 9 of Standard A2.5.2. It states (emphasis added):

“9. Having regard to Regulations 2.2 and 2.5, assistance provided by the financial security system shall be sufficient to cover the following:

(a) outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or the national law of the flag State, limited to four months of any such outstanding wages and four months of any such outstanding entitlements;
(b) all expenses reasonably incurred by the seafarer, including the cost of repatriation referred to in paragraph 10; and
(c) the essential needs of the seafarer including such items as: adequate food, clothing where necessary, accommodation, drinking water supplies, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home.”

It is quite clear that your obligations under MLC extend until the crew are repatriated. On what basis does the club believe that it no longer has an obligation to provide supplies?

The Club has been aware of this case since at least 12 November 2018. More than two months later the crew are still on the vessel and have not received any pay. Clearly the club has failed in its duty to provide expedited assistance to the crew, as required by MLC, and is now seeking to avoid its responsibility to supply the essential needs of the crew.

Further, given the club has the ability to recover any expenditure from the owners, something I assume the Club will be doing to recover the costs of wages and repatriation, it seems strange to refuse to meet the costs of food and water when those costs can be added to the Club’s claim against the owner. I would remind the club that the crew are innocent victims in this situation and have already suffered long enough.

Finally, I would also like to know what steps the Club has taken in respect of the AHT Carrier, another case reported to the club, abandoned by the same owner, and which is also unresolved.

I look forward to your response.

Kind regards
Jonathan Warring
Senior Legal Assistant

International Transport Workers' Federation
ITF House, 49-60 Borough Road, London, SE1 1DR
Email: warring_jonathan@itf.org.uk
Direct tel: +44 (0) 20 7940 9336
Mobile: +44 (0) 7825 516 809
Web: www.itfglobal.org


Países Bajos (21 Enero 2019)
Dear Mr. van Mourik,

The responsibility for the well-being of the crew, and in particular the sick crew member, is fully with the owner. It is clear for some time now, that you are not assuming your responsibilities and you are therefore entirely responsible for the situation your crew is in today. I do not even want to begin discussing your behavior in this matter.

The time has arrived for flag to step in and take-over the crew repatriation responsibility. For that we need the cooperation of the India authorities and Lodestar and we are seeking this right now. You will be informed by flag on the steps you need to make to bring this ugly matter to a close. Once the crew is repatriated, we will deal with the other ship-related flag state matters. But as I said earlier, not here in this forum.

Good day.

Jan Sierhuis, director
Maritime Authority Curacao

Meteo Builing, Kaya Afido z/n, Seru Mahuma
Willemstad, Curacao
www.maritimecuracao.org

+ (599-9) 839-3707 (secretary)
+ (599-9) 839-3707 (office)
+ (599-9) 512-4379 (cell)



Indonesia (22 Enero 2019)
Dear Mr. Sunil,
It is really surprising to see your email today saying that you are not obliged to arrange for provisions and fuel. First of all let me point out that though you have supplied provisions for one week, you failed to provide fuel to the Vessel. Though we know that you have bought wrong fuel instead of Diesel due to the negligence from your end, you still could not provide the Diesel even after a lapse of one week.
Secondly, I invite your attention to the email of Mr. Jonathan Warring from ITF dated 18th January 2019 in which he clearly mentioned that as per MLC rules, it is the duty of the club to provide the essential needs of the seafarer including adequate food, clothing, accommodation, drinking water suppliers, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home .
In fact the Consulate had supplied provisions and water on two occasions dated on 29th November 2018 and 28th December 2019 due to the failure on the part of the owner and the Club. We did it because they are human being from Indonesia who are in need of provision and one was even sick on board.
So you cannot just wash to hand. You are duty bound to provide the necessary provisions and fuel.
Regarding the payment of 4 months salary, I still could not understand, why there is an inordinate delay for transfer the same to their account. We therefore request you to kindly transfer 4 months salary to their account without any further delay.
We were in touch with the DG Shipping and they had given assurance to us that they would give instruction to all concerned agencies to speed up the repatriation. In fact they had given immediate instruction on 16th January 2019 itself to Saika Maritime Pvt. Ltd.
In your previous email you had stated that it is the duty of the Consulate to repatriate the crew. Please note that it is not the duty of Consulate to such exercise. Being a diplomatic mission, we have a supervisory role only.
Though we are trying our best to arrange an immediate repatriation, we request you to do your duty bound action without delay.
With regards,
For Consul General of Indonesia,

Andini Fitrilish
Vice Consul (Consular & Protocol)
Indonesian Consulate General,
Mumbai
22nd January 2019



OIT/OMI (24 Enero 2019)
Dear Mr Sierhuis,

I refer to your message last week Friday 18 January 2019 in which you provided information that the flag State is taking the matter very seriously of the abandoned 8 Indonesian crew in Port Alang, India on board the ‘MISS GAUNT’ (IMO Number 7716957), as well of that of the also in Port Alang abandoned 6 Indonesian crew on board the NORTHWIND (IMO no 9577472).

Then you also stated that you were working on the level of the Kingdom of the Netherlands and that an instruction was on its way on which the Council of Minister's Meeting would decide yesterday Wednesday 23 January 2019. Since last week we have seen many disturbing messages, in which you were also included, regarding the very unacceptable circumstances on board both ships. Today again there was a call from the master of the MISS GAUNT who is not able to provide means to his wife and child at home whom he has already not seen for 7 months. He is selling what he has at home to get money to live and feed his wife and child. He is desperate for the payment of salaries and repatriation and because he does not get his owned salaries he does not know what else to sell at home in order to feed his wife and child. I herewith attach his message but I want to point out that we have also received similar messages from other members of the crew.
Therefore, please could you give an update of your efforts regarding an appropriate flag State intervention which is most urgently needed, both in the direction of the relevant authorities as well as the responsible shipping and insurance companies. The crew members have according to MLC standards to be immediately paid and repatriated and under these circumstances we can’t see any reason for further delay. Last week you promised to give un update in the course of this week . In view of that the crew gets very stressed, that there is still a particular sick crew member on board, as well as the very unhuman circumstances also for the families of the crew at home we would like to see a dedicated solution at the shortest terms possible. We are thinking in terms of days rather than weeks, this case is really going on for too long.

I look forward for your early response.

Kind regards,

Jan de Boer (IMO)

International Chamber of Shipping (25 Enero 2019)
Dear all,

I have read the sad sequence of the plethora of emails regarding this case over the last few weeks. It appears that everyone seems to be blaming everyone else as opposed to putting the interests of the affected seafarers and their families first.
The MLC 2006 and the IMO/ ILO Guidelines on Responsibilities of Different Parties in Situations of Abandonment both clearly outline the responsibilities of flag States, Port States, Countries of Citizenship, Employers, and Insurance Authorities . Yet everyone appears to be passing the buck.

In the meantime the seafarers and their families are suffering badly now .
The IMO legal committee will be held in March and I sincerely hope that this case will not have to be the case cited this year as the focus case for urgent international attention. There will also be an ILO meeting at the end of February where abandonment issues will be discussed and again it would be a shame for this to be cited there!

Please could all parties get together now and formulate an urgent plan to meet the necessary actions required over the next week.

Many thanks

Natalie Shaw
Director Employment Affairs
International Chamber of Shipping.


Países Bajos (25 Enero 2019)
Dear Mr. De Boer,

Thank you for your message. Flag has been undertaking action and the Consul General participated today (Thursday) in a meeting with the India authorities, to get new feedback on the position of India in this matter. We just got his report of the meeting.

Where flag proposes to disembark and repatriate the crew immediately, India claims the ships can not be moved to a safe lay-up harbor and that a new replacement (skeleton) crew is required, before repatriation of the sitting crew can take place. India holds that this replacement crew is the responsibility of flag. This in itself is a problem, as the ships are class/flag suspended, and safety and working conditions do not comply with international standards at all. Hence, this condition set by India is a complicating factor.

The matters now at hand:
1) Prepare and approve a repatriation plan for the sitting crew with P&I and ITF
2) Seek proper funding for items not covered by P&I and have them approved by my government (the administration has no funds)
3) Draw up a backup plan for a replacement crew for both vessels for a limited period of time for discussion with India - who will have to assume certain responsibilities for this plan to succeed

This is where we stand right now. For steps 1 and 3 the assistance of P&I and ITF is required. This will be sought tomorrow, along with technical assistance from the Dutch authorities.

Best,

Jan Sierhuis, director
Maritime Authority Curacao

Meteo Builing, Kaya Afido z/n, Seru Mahuma
Willemstad, Curacao
www.maritimecuracao.org

+ (599-9) 839-3707 (secretary)
+ (599-9) 839-3707 (office)
+ (599-9) 512-4379 (cell)

Indonesia (29 Enero 2019)
Dear All,
I wish to bring your attention to Mr. Tim Lection of Lodestar’s below email which is the reply of our query on the payment of four months salary to the crew of Miss Gaunt.
We still do not know the reason for the delay of payment. P & L Club is duty bound to pay the 4 months salary in an abandoned vessel. They have finished all formalities and collect the undertakings from the crew where they agree to go back to their country once the money is transferred to their account.
Since there are many experts on IMO and government agencies who are well versed with the Maritime law is here, I need your opinion on the following matter.
1. Is it correct on the part of P & I club to hold the payment after taking the undertakings from the crew
2. Is it the responsibility of the P & I club to ensure the crew replacement
3. Even if it is their responsibility is ensure the crew replacement, what is stopping them to pay the four months salary to the crew who are just victims of the fault of the owner/manager
We need your valuable comments and also convince the P & I club to pay the crew at the earliest.
With regards,

For Consul General of Indonesia,

Andini Fitriliah
Vice Consul (Consular & Protocol)
Consulate General of the Republic of Indonesia
19, Altamount Road, Cumballa Hill,
Mumbai - 400 026, India.
Tel : (91-22)23511678/23530940/23530900
Fax : (91-22)23510941/23515862
Web : www.kjrimumbai.net
29th January 2019


Fed. Int. de los Trabajadores del Trasporte (ITF) (29 Enero 2019)
Dear Mr Lection,

if you are in possession of actual evidence that can prove what you are claiming to be a fact, then clarifying the position with Amlin P&I should not present much problem. I assume that you would have already provided the Flag state and Dutch Authorities with this new evidence. I would agree that assigning rights of recovery is not an uncommon practise, also that the Club is not responsible for providing replacement crew. I hope that Charly, as referred to in your mail, will liaise with the local authorities and/or other relevant parties with regard to any crew replacements, I would have thought that the flag state and Dutch authorities could also have some influence in this matter. In the meantime paying the four months wages should be a priority as the families of the crewmembers will be desperate for money.
Best Regards,
John Wood,
ITF/FOC Campaign Advisor
Tel: +44 7768 036 897 / +62 815 869 40330


Indonesia (31 Enero 2019)
Dear Mr. Tim Lection,
This is to inform you that Mr. Moningka Nixon, 2nd Engineer of Miss Gaunt was discharged
from the hospital and presently staying in a hotel in Bhavnagar.
Mr. Dwi Putra Wibawa, Chief Officer of Miss Gaunt who accompanied him in the hospital
is also with him in the hotel as he need an aid.
Attached herewith please find his Medical Certificate and Discharge Summary.
The Doctor clearly mentioned that he have to go back to his country for further treatment.
In this circumstances, I now request you to kindly send four months’ salary of both them
along with their air ticket so that their repatriation can be done on priority basis.
Your immediate action in this matter will be much appreciated.
With regards,
For Consul General of Indonesia,

Consulate General of the Republic of Indonesia
19, Altamount Road, Cumballa Hill,
Mumbai - 400 026, India.
Tel : (91-22)23511678/23530940/23530900
Fax : (91-22)23510941/23515862
Web : www.kjrimumbai.net
31st January 2019


Indonesia (23 Febrero 2019)
Dear All,

This is inform you all that, 5 crew members of Miss Gaunt landed in Indonesia today.

We take this opportunity to express our thanks and appreciation to all who are involved

in the repatriation process especially the officials of both the Flag State, Port State, ITF, ILO, IMO,

Lodestar P & I club, the port master, Customs and immigration officials, Consul General of The Netherlands,

the representatives of the Lodestar in Mumbai and Bhavnagar for all the co-operation and assistance

extended to us for assisting us.

We also expect all your help to solve and repatriate the other crew members of both

the Miss Gaunt and Northwind.

With warm regards,

For Consul General of Indonesia,

Andini Fitriliah

Vice Consul (Consular & Protocol)

Indonesian Consulate General

Mumbai

23rd February 2019




Indonesia (26 Febrero 2019)
Dear All,
On behalf of the Consul General of the Republic of Indonesia in Mumbai and
on behalf of the 5 crew members of Miss Gaunt who were repatriated and
reached safely in Indonesia on 23rd February 2019, I express our sincere thanks
and appreciation to each one of you who have worked very hard to make it possible.
Please note that the other three crew members agreed to continue on board with
a condition that they would be repatriated soon.
I now therefore hereby request you to kindly speed up the process of remaining 3 (three)
crew members of Miss Gaunt and 5 members of Northwind at the earliest.
Your kind help and assistance in this matter will be much appreciated.
For Consul General of Indonesia,

Andini Fitriliah
Vice Consul (Consular & Protocol)
26th February 2019
Consulate General of the Republic of Indonesia
19, Altamount Road, Cumballa Hill,
Mumbai - 400 026, India.


Indonesia (4 Marzo 2019)
Dear All,

It seems everyone forget the three Indonesian crew members of Miss Gaunt who are supposed to be replaced by now.
Please note that we have agreed the repatriation of the five out of eight crew members with a condition that the remaining should be repatriated within a short period of time and in the meantime provide them fuel, provision and all necessary requirements for them to survive.
Even after two email by the Captain to provide the provision and fuel, there is no action from the concerned P & L club yet.
We are also waiting for their repatriation with two possible alternatives viz., replacing the Indonesian crew with the local crew or berth the Vessel in a Jetty so that it can kept unmanned.
However, it seems that no initiative from anyone in this direction. It is a matter which have to be settled with the Port State and Flag State and the innocent Indonesian crew cannot be the victims of this case anymore. It is a gross violation of Human right of the crew members.

We therefore request all the parties involved to kindly take immediate action to repatriate the Indonesian Crew at the earliest. We also request the P & L Club to provide the necessary provision, fuel and water to them on urgent basis.
Your immediate action in this matter will be urgently solicited.
With regards,

For Consul General of Indonesia,
Andini Fitriliah
Vice Consul (Consular & Protocol)
Consulate General of the Republic of Indonesia
19, Altamount Road, Cumballa Hill,
Mumbai - 400 026, India.
Web : www.kjrimumbai.net
4th March 2019


OIT/OMI (5 Abril 2019)
Please inform us also as soon as possible on the status of the abandoned case regarding the 8 Indonesian crew of the ‘MISS GAUNT’ (IMO Number 7716957). As I indicated earlier on we have received information that all of the crew of the ‘MISS GAUNT’ are now repatriated and that their wages have been paid for 4 months subject to further claims for the rest of the unpaid remuneration.

IMO

 
Entered: Miércoles - 16 Enero 2019 18:02:12
Última actualización: Jueves - 6 Junio 2019 16:10:44
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