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This Circular and its attachments (if any) are confidential to the intended recipient and may be privileged. If you
are not the intended recipient you should contact ICS and must not make any use of it.

19 June 2020 COVID-19(20)94

TO: ALL MEMBERS & ASSOCIATE MEMBERS

ITF ‘ENOUGH IS ENOUGH’ CAMPAIGN – ICS POSITION

Action required: Members are invited to note the following ICS Position.

We are aware that some members have been concerned about the recent ITF
statement ‘Enough is Enough’. Throughout the current crisis the ICS has been working
closely with the International Transport Workers Federation (ITF) on many issues
including crew changes, welfare and access to medical facilities and treatment in ports.

The ITF has been deeply appreciative of the efforts of ICS and its members to address
the very serious challenges that have faced the industry, particularly around the issue of
crew changes. They recognise that shipowners and managers have often gone ‘the
extra mile’ to ensure crew changes have taken place where possible and that ultimately
it needs government action across the globe to class seafarers as essential workers
and to remove the travel restrictions that affect them. This in turn would start to reduce
the backlog of an estimated 200,000 seafarers overdue for relief and address the
serious issues of fatigue, safety concerns and mental health problems being
experienced.

ICS is not involved in contractual issues or negotiations with ITF but of course has been
aware of the various blanket contract extensions agreed between the International
Maritime Employers Council (IMEC) and the Joint Negotiating Group (JNG) with the
ITF due to the crisis and the inability to effect crew changes at scale. The last JNG
contract extension expired on 15th June and the ITF had previously made it very clear
that they would not negotiate another contract extension beyond this.

ITF issued a press statement titled ‘Enough is Enough; world’s seafarers will now
exercise right to leave ship amid Covid-19 Failures’ which has caused concern amongst
some of the ICS Membership. ICS was not privy to this statement before its release
however the General Secretary of the ITF, Stephen Cotton, spoke with the Secretary
General on the day to explain that the statement was in no way directed at shipowners
or managers but instead at the lack of action on this issue by some governments. It was
not to be seen as a threat of industrial action but as an intent for ITF to assist seafarers
who had reached the end of their contracts who now wished to go home and to advise
them of their rights under the Maritime Labour Convention (MLC). It was acknowledged
by ITF that this could only be done in places where it might be possible to be repatriated
and once a ship was safely in harbour.

Unfortunately, the statement has caused a great deal of concern amongst some ICS
members and subsequent media comments from some ITF officials have not helped the
impression given that this was a call for industrial action. We are aware that in a small
number of cases some seafarers have taken the cue from this to threaten stopping work
and effectively go on strike.

The Secretary General had a further call with Mr Cotton on Friday 19 th June where he
relayed members’ concerns. Mr Cotton has also heard directly from some shipowners
on this issue. He reiterated that this was NOT a call for industrial action and, although
the statement contained strong words, these were not directed at shipowners or
managers. The ITF want to work with shipowners to help crew changes to take place
and to assist those seafarers who are emotionally at the ‘end of their tether’ to get
home. They are ready to assist employers with immigration issues, expired passports,
charter flights or other practical issues. They are keen to continue the collaborative
approach going forward. We understand that they will be issuing clarifying statements
on these issues in the coming days to diffuse any suggestion of industrial action.

In view of the perceived threat of industrial action we did take the opportunity of
discussing P&I cover issues with the International Group. In respect of crew whose
contract period has expired but are unable to leave the vessel, P&I cover in respect of,
e.g. medical expenses, would normally remain in place until the crew has been
repatriated, which would terminate the owner’s contractual liabilities. The assumption
would be that crew ready for repatriation but unable to leave the vessel would not work.
If they do work however, that could discretionarily prejudice the shipowners’ cover for
third party liabilities. The IG clarified that crew going on strike would normally be a
labour dispute which is not covered by P&I. Each case would have to be considered on
its merits but striking would not normally affect P&I liabilities in respect of, eg medical
expenses, but again could prejudice third party liability.

Guy Platten
Secretary General