Vol.3 No.4 JULY 1, 2006

ITF Seafarer Body Mulls
ILO, Criminalization Issues
By Katsuji Taki
Assistant General Secretary,
Oceangoing Seafarers Dept.

The JSU participated in
the ITF Seafarers’ Section
Committee meeting held inHong Kong on May 22-23,
2006, and wishes to inform
all JSU members of the positive developments achieved
during the meeting.
ILO Issues
1. With regard to ILO
Convention 185 (Seafarer’s
Identity Document), thecommittee has been informed that relevant affiliatedunions have taken action topromote its ratification in an
efficient manner.

In this context, the JSU
has also reported that an
opinion has been summarized by the committee concerned at the Ministry ofLand, Infrastructure andTransport of the Japanese
Government, regarding anational immigration control
law.
The JSU maintains that if
such a national immigration
control law singled out seafarers for fingerprinting,then the union would
protest its ratification on the
grounds the law was discriminatory.
However, if such a requirement is applied equally to
all immigrants, one of thehurdles making ratification

JSU opposes singling out seafarers for fingerprinting

By: Bayani A. Jaboli
JSU International Service Staff

Death/Disability
Q1: If a JSU member dieswhile ashore (off duty), canhis beneficiaries receive
compensation from his company?
A1: Yes. As per Article 29of the IBF JSU/AMOSUPIMMAJ CBA (Loss of Life –Death in Service), if a seafarer dies while in the employment of the company –including death from natural causes and death occurring while traveling to/fromthe vessel – or as a result ofmarine peril, but excluding
death due to wilful acts, thecompany shall pay the sums
specified in the agreement toa nominated beneficiary andto each dependent child (upto a maximum of four) under
21 years of age.
Q2: What if a seafarer suffers permanent disability
due to an accident while off
duty?

difficult could be overcome.
The JSU reported to thecommittee that:• The JSU has alreadysubmitted a motion promoting ratification of the Maritime Labor Convention,
2006;• The Japanese Government and the private sector
held a special forum on MLC
2006 with Cleopatra Doumbia-Henry, director of international labor standards at
the ILO, on Apr. 28, 2006 in
Tokyo and;• These tripartite bodies
will hold a seminar withgovernment representatives
from Asian countries as ameans for discussing andpromoting ratification of
MLC 2006.
2. The committee was informed that the Joint
ITF/ISF interpretation of
the ILO Minimum Wage forable seaman for the years
2007-08 has been established as follows:• A total of US$905.12 visa-vis a Basic Wage of$515.00 as of Jan. 1, 2007;• A total of $931.45 vis-avis a Basic Wage of $530.00
as of Jan. 1, 2008;• A Total of $956.66 vis-avis a Basic Wage of $545.00
as of end-2008; and• 104 hours of fixed over-Frequently Asked Questions (FAQs)

Seafarers Covered for
Off-Duty Death, Disability
A2: A seafarer who suffers
permanent disability as aresult of an accident while in
the employment of the company, regardless of fault,
including accidents occurring while traveling to/fromthe vessel, and whose ability
to work as a seafarer isreduced as a result thereof,
but excluding permanent
disability due to wilful acts,
shall in addition to sick pay,
be entitled to compensationaccording to the provisionsof the agreement.
Onboard Pay
Q3: My manning agency
sends 80 percent of mymonthly basic wage to myfamily, pays me US$200/month on board and with-holds the rest until I signoff. Is this correct?
A3: No! As per JSU agreements and the POEA regulation, 20 percent of yourmonthly basic wages shallbe credited to your account
while the remaining 80 percent must be remitted to thePhilippines. Overtime compensation shall be payable
onboard. There is no basis
for the company or the manning agency to withhold any
part of your wages.
Q4: Can I send some of thethe money I earned onboard
to my allottee in the Philippines other than the 80 percent of my basic wages?
A4: Yes. A Master’s Payment Order may be issued
by the master upon request

I
N
S
I
D
E
time work shall not automatically apply to the calculation of ILO minimum
wages; overtime work compensation should be paid onan actual basis.
The committee agreed torecommend to the ILO governing body to review the
ILO formula for minimum
wage.
The committee agreed that
all affiliates concerned
would spare no efforts inpromoting ratification of the
ILO Convention 185 (Seafarers’ Identity Document) and
MLC 2006 and full application of the ILO Minimum
Wage.
2. Criminalization
The resolution and guidelines developed by the Joint
IMO/ILO Ad-hoc Expert
Working Group were introduced to the committee. The
committee asked the ITF
secretariat to take further
action as necessary, e.g.:• To consider the need forthe International Assist Network including legal advice
and interpretation services;• To request the presenceof a legal adviser from theseafarer’s representative
organization when necessary;• To ensure that seafarers
shall have the right toremain silent, in the case of
seafarers who are in custody, in accordance with theprovisions of the international declaration on civil
and political rights.

How toDeal With
Jet Lag
Page 3

Filipino ISS:
Here toServe You
It has been eleven years
since the JSU hired senior
Filipino officers to work for
the union as International
Service Staff (ISS).
Two were hired initially in
1995, but this number wasincreased to four in 1997
and to six in 2000. Several
ISS have since resigned topursue their maritime careers at shipping companies.
As of this writing, only four
ISS are presently employedby the union; two are assigned to the Kansai area
(Kobe and Osaka) and twoin the Kanto area (Tokyo
Bay area).
Current ISS members are:

Bayani A. Jaboli
Joined JSU: July 1995
Location: JSU HQ (Tokyo)(Continued on Page 3)

by the seafarer in lieu ofcash at any particular time
for purposes of remitting
seafarer’s earnings to his/her allottee in the Philippines, even when the amount exceeds the mandatory
80 percent. The company
shall bear the bank charges
for such transactions.
On Employment:
Q5: I have been working
for the same manning agency and principal for morethan 10 years. Can I be considered as a regular employee of the company?
A5: No. Seafarers are contractual employees whoseterms of employment are
fixed for a certain period oftime. Your employment isgoverned by the contract you
sign every time you are
rehired, and your employment is terminated when
the contract expires. Extension of the contract is subject
to mutual consent between
you and the company.

Eduardo E. Galang
Joined JSU: Sept. 1997
Location: Kobe Reg. OfficeErnesto T. Quijano
Joined JSU: Sept. 2000
Location: JSU HQ Tokyo(Continued on Page 3)

M A R I T I M E N E W S /W A R N I N G S(2)JULY/AUGUST 2006

Warning: U.S. Gets Tough Whale of a Problem
Over Bilge Water Handling In Tsushima Strait
International and U.S. law
prohibits the discharge ofoil-contaminated bilge water
without treatment by anoily-water separator, arequired pollution-prevention device.
The law also requires that
all overboard discharges berecorded in an oil record
book, a mandatory log whichis regularly inspected by the
U.S. Coast Guard.
Please take a lesson fromthe following cases:
Case 1 – On Apr. 6, 2006,
the Chief Engineer of a
Panamanian-registered containership was convicted in
U.S. federal court on charges
of conspiracy, obstruction,
destruction of evidence, false
statements and violation of
the Act to Prevent Pollution
from Ships in connection

with the use of a secretly
concealed “magic pipe” used
to deliberately discharge
tons of sludge and oil contaminated waste overboard.
It was announced that the
Indian Chief Engineer wassentenced to two months ofincarceration, a $3,000 fine,and a $500 special assessment by U.S. District Judge
Patti B. Saris.
In sentencing the defendant to two months inprison, Judge Saris indicated that the term was “poetic
justice” since it corresponded
to the period in which thedefendant supervised the
dumping of tons of sludge
from the vessel.
The Chief Engineer pleaded guilty to making false
statements to the Coast
Guard, having denied know-

Don’t be messing with the regulations!

ledge about the existence
and use of the bypass equipment; with obstruction ofjustice by directing subordinates to lie to the Coast
Guard; with concealing evidence; and with concealing
the discharges in a falsified
Oil Record Book.
Case 2 – On Jan. 5, 2006,
a New Jersey district judge
sentenced a Filipino Chief
Engineer to a year in federal
prison for falsifying the Oil
Record Book in an attempt
to conceal overboard discharges of oily waste fromthe ship.
The Chief Engineer pleaded guilty on Sept. 7, 2005 toviolating the Act to Prevent
Pollution from Ships, basedon his role in discharging oil
sludge and oil-contaminatedbilge waste directly into theocean from the ship and falsifying the ship’s records tocover up the discharges
between December 2004 andMarch 2005.
The Japanese shipping
company operating the vessel, in a plea agreement, will
pay a $200,000 criminal fineand an additional $150,000
payment that will be used
for community service.
The plea agreement follows one in the district of
New Jersey from a Singapore shipping company
which agreed to pay $6.5
million in criminal fines andcommunity service payments.

Somalia by a resolution
UN Urges
Biometric IDs
adopted by the 24th sessionof the IMO’s assembly in
Response to November 2005.
Planned for
A.979(24),Somali Pirates theIn resolution
Filipinos
IMO assembly conThe UN Security Council
has urged member states touse naval vessels and military aircraft in the fightagainst piracy and armed
robbery off the coast ofSomalia.
In a presidential statement on the situation, thecouncil “encourages member
states whose naval vessels
and military aircraft operate
in international waters andairspace adjacent to thecoast of Somalia to be vigilant to any incident of piracy
therein and to take appropriate action to protect merchant shipping, in particular
the transportation of humanitarian aid, against any
such act, in line with relevant international law.”
The attention of the Security Council was first drawn
to the growing problem ofpiracy and armed robbery
against ships off the coast ofdemned and deplored allacts of piracy and armed
robbery against ships andappealed to all parties,“which may be able to assist,to take action, within theprovisions of internationallaw, to ensure that all acts
or attempted acts of piracy
and armed robbery against
ships are terminated forthwith; that plans for committing such acts are abandoned; and any hijacked
ships are immediately andunconditionally released andthat no harm is caused toseafarers serving in them.”
Soon after the resolution
was adopted by the IMO,
secretary-general Efthimios
E. Mitropoulos submitted it
to UN secretary-general Kofi
Annan for consideration.
The council is urging cooperation among all states,
particularly regional states,
and active prosecution of
pirates. (Source: Marine Link)

Filipino seafarers will soon
be issued biometric ID cards,
the Philippine Government
said.
The cards will include
information such as name,age and home address of thecard holder, and details concerning promotions.
The biometric ID systemaims to lessen the inconvenience of entering and exiting seaports in various partsof the world.
The system has been
designed following recommendations by the International Labor Organization(ILO) in Convention No. 185
that a biometric ID systembe established for seafarers.
Around 1.2 million maritime workers worldwide
will receive the ID cards,
including an estimated250,000 seafarers in thePhilippines alone. (Source: Balitang Marino)

High-speed ships connecting the southwestern Japanesecity of Fukuoka and the South Korean city of Pusan arehaving trouble with increasing collisions with whales near
the Tsushima Strait.
Some experts claim that whales collide with ships when
they rapidly surface from deep water, while others say
female whales raising calves have trouble avoiding fastmoving ships.
This year alone, four such collisions have occurred.
Experts say that accidents of this kind are unavoidable tosome extent. High-speed vessels are powered by hydrofoils
in front and back that enable the ships to travel at greaterthan 40 knots while floating about two meters above thesurface of the water. Although no fatalities have beenreported as the result of these collisions, companies havealready spent US$4.2 million on repairs.

States Still Ignoring
Rules on Shore Leave
States that fail to provide
seafarers with access toshore leave, ignoring stipulations outlined in the international security code (ISPS
Code) that came into force
two years ago, will be thetarget of a new ITF reporting system.
The system, due to be
introduced shortly, will
involve asking ITF inspectors to record cases of seafarers being denied access toshore leave or prevented
from leaving their vessels.
This will help develop acomprehensive database of
information, building on the
ITF’s September 2005 survey report on the impact oftighter security measures
outlined in the International
Ship and Port Facility Security (ISPS) Code.
Some 58 percent of seafarer union respondents said
that shore leave had beendenied; particular problems
were experienced in U.S.
ports. This is despite thefact that the ISPS Codeclearly stipulates that statesshould pay “due cognizance”
to seafarers’ need for shore
leave and access to shorebased seafarer welfare facilities, including medical care.
Jon Whitlow, ITF Seafarers’ Section secretary, said:“Improvements in security
in the maritime sector must
be implemented in a waythat safeguards the humanrights of seafarers. This
includes their ability tosecure shore leave.
“The new reporting system
will show us the extent of
the problem and help us
ensure that the ISPS Codeand other security related
measures are properly
implemented.” (Source: ITF
News Online)

JOKE CORNER
Three seafarers on vacation are arguing about
who’s the most miserable.
AB: I’m the most pitiful– my beautiful wife
became fat. I don’t evenwant to go out with her
anymore.
OLR: No, my case isheartbreaking! My beautiful wife left me for another man.
BSN: I’m the most miserable of all: I have threevery beautiful wives.
AB & OLR: What’s
miserable about that?
BSN: I have threemothers-in-law to nag me.
(Source: ISS B. Jaboli)

S E A FARERS C O R N E R

JULY/AUGUST 2006

(3)

Seafarers Learning More About JSU

C/Ck Felix Sioc
Jingu Maru

Thanks to the JSU for the
benefits we enjoy.

ISS meeting with the crew of Ken Zui

C/E Edgardo Avergonzado
Paradise Ace

AB Federico Dancel, Jr.
Paradise Ace

2/Ck Edgar Baptista
Jingu Maru

The JSU supports us bytackling issues that benefit
seafarers. However, we
would like the JSU ISS to
make regular visits so that
we can be updated about
new policies.

Many thanks to JSU ISS
for their efforts and support
to us seafarers. This is thefirst time we were visited by
JSU staff and were given an
explanation about the IBF
CBA.

We are happy to have the
JSU Filipino staff visit ourvessel. This was the firsttime for us to communicate
with the JSU. Knowing that
we can call on the ISS gives
us confidence.

Your Health: How to Defeat Jet Lag
Vessel accidents have anumber of causes, but one
source of trouble is seafarers
who were ordered to takecommand responsibility
while still suffering fromfatigue due to jet lag.
Jet lag refers to the physical, psychological and emotional symptoms that air
travelers experience after atrip that carries them across(Continued From Page 1)

William C. Mambalo
Joined JSU: Sept. 2000
Location: Kobe Reg. Office

1/E Hernando C. Jaque
Paradise Ace

I am very thankful for thecontinued support given by
the JSU to us non-domiciled
members.
I believe that employing
non-Japanese ISS gives us
the opportunity to communicate with the union andvoice our opinions on certain
issues affecting seafarers.

ISS–

five or more time zones.
Symptoms include fatigue,
insomnia and daytime
sleepiness, headache, irritability, difficulty concentrating, memory problems,disorientation, clumsiness,
general weakness, loss ofappetite and indigestion.
The body’s internal clock,located in the brain’s hypothalamus, is continuously

being adjusted by rhythms
resulting from the environment (e.g., light/dark cycle;
temperature, humidity, etc.).
Adjusting the body clock is aslow process.
When you travel acrossseveral time zones, dissociation between the time in thelocal environment and thetime in the internal bodyclock occurs. It takes several
days for the internal bodyclock to adjust.
Minimizing Jet-Lag
During the Flight

A long flight can be physically draining

1. Take fluids liberally(water is best). This prevents dehydration.
2. Avoid alcohol and coffee.
3. Perform static exercises
for arms, legs and trunk
muscles while seated, orwalk up and down the aisleof the airplane every hour.
4. Do not over-eat. Time
your meal to coincide withthose at your destination.
5. Time your sleep to coincide with nighttime in yourFormer ISS:
Nolito Babasa – Joined
the JSU in July 1995, andresigned in June 1997;
Raul G. Go – Joined the
JSU in September 1997
and resigned in June 2005;
andVincent P. Higoy –Joined the JSU in September 1997 and resigned in
May 2006.
The Filipino ISS play animportant role in dissemination of information to nondomiciled members whenbargaining agreements arebeing amended or important
policies are being enacted.
Their prime activities areship visits, communication
with members and coordination with the union concerning seafarers’ problems,complaints or suggestions.
Because of the implementation of the ISPS Code, it isimportant for ships’ crews toknow the persons boarding
their ships. Please get toknow the JSU ISS – they
may come to visit your ship.

ITF–(Continued From Page 1)

3. Preparations for
ITF Durban Congress
The committee discussed
the provisional agenda,
which will be submitted to
the ITF Congress Durban inAugust. The committee
agreed to add “promotion of
ratification of MLC 2006”
and “Guideline on ITF Cabotage Policy.”
Lack of rest after aflight undermines safety
destination.
On Arrival

1. If you arrive during theday, do not sleep even if you
are tired. Stay outdoors andstay awake till nightfall.
2. If you arrive at night,
get some sleep.
When taken in the early
evening in the new local
time, melatonin reduces theeffects of jet lag and promotes body clock adjustment. (Source: MB, Medical Notes)

4. ITF Plan for Female
Seafarers’ Unions• The seminar for women
seafarers on cruise ships
was held in Indonesia. The
committee confirmed thatplans will go forward, focusing on Indonesia, the Philippines, Russia, Turkey andUkraine.
5. Political Issues
The ITF secretariat was
invited to provide additional
information and to takesteps in developing issues ona “genuine link” between the
UN and IMO.

I N F O R M AT I O N(4)LETTER
from
HEADQUARTERS
The All Japan Seamen’s
Union (JSU) has been providing
comprehensive
improvements in working
conditions, protecting therights and raising the status of JSU non-domicile
special members, who facechallenging international
standards.
On the first of June 2006,
the JSU Headquarters
began a new phase of service by broadening its
structural reform to makeactivities more flexible andto established a simpler,
more member-focused organizational structure thatcan rapidly respond tomembers’ needs.
Following are the specificstructural reform measures
being implemented toachieve the above goals.
A. Measures relating to
JSU non-domicile special
members
The previous “Bureau ofInternational Seafarers” isbeing renamed the “International Affairs Bureau.” It
is organizing the following
departments and offices:
1. The previous “Department of Foreign Trade”
which was responsible forworking conditions, will
become the “Oceangoing
Seafarers Department.”
2. The previous “International Affairs and Seafarers’ Section,” which was
responsible for raising thestatus of JSU non-domicile
special members at international forums, will be reorganized as the “Oceangoing
Seafarers Department.”
3. Manila Welfare Office
4. Representative in Vietnam, China, Singapore.
B. Install a new service
system to receive members’questions via e-mail:1. General questions
should be sent to <iss@jsu.jp>
2. Questions about the
JSU-CA retirement pay
plan should be sent to<retirement_pay_plan@jsu.
jp>.
All Japan
Seamen’s Union
15-26, Roppongi 7-Chome,
Minato-Ku, Tokyo 106-0032
Tel.: 03-5410-8330
Fax: 03-5410-8336
E-Mail: iss@jsu.jp
Internet: http://www.jsu.or.jp
Publisher: Masaru Mio
Send inquiries to the attentionof Mr. Masanobu Makizoe,
Director, Oceangoing
Seafarers Department

JULY/AUGUST 2006

PC Subsidy for
OFW Families
Filipinos working abroad
can now get in touch with
their families more often
after the Overseas Workers
Welfare Administration andMicrosoft
Philippines
launched a special purchaseprogram for OFWs.
Under a project dubbed“Konek ka Diyan,” OFWs
and their families can avail
themselves of a special credit program under OWWA’s
Family Assistance Loan program to purchase multimedia personal computers.
OWWA administrator
Marianito Roque said thatwhile OFWs support theirfamilies financially, theemotional effects of longterm separation often provedifficult to manage.
Antonio Javier Jr., managing director of Microsoft
Philippines, said they haveseen how IT can potentiallychange lives, improve confidence and bridge the physical divide between OFWs
and their families.
Javier noted that in addition to the financial assistance that will be madeavailable to those interested
in owning a personal com-

The OWWA/Microsoft subsidy will help Filipino fami lies maintain contact with their seafaring fathers.

puter, Microsoft will contribute a dollar to the
OWWA Scholarship Fundfor every unit sold.
Roque said that for a peri-

od of one year from the program’s launch, they will betargeting families of 10,000
OFWs as beneficiaries of the
program. (Source: Phil. Star)

Mariners’ Home: Your Union Dues at WorkBy: Manuel Otayza
Manager, Mariners’ Home

“You’re dues are working
for you.” It may sound like acliche or a street advisory
but for Filipino seafarers,
JSU-AMOSUP Mariners’
Home, an home exclusively
for them, is an answered
prayer.
Located at 1765 Vasquezcorner Julio Nakpil Sts.
Malate, Manila, the JSUAMOSUP Mariners’ Home
was inaugurated by President Gloria MacapagalArroyo last January 23, inthe presence of Capt. Grego-rio Oca and Capt. Sakae Idemoto – presidents of the
Associated Marine Officers’
and Seafarers’s Union of thePhilippines (AMOSUP) andthe All Japan Seafarers’s
Union (JSU), respectively.
The Mariners’ Home isstrategically located near
the major thoroughfares,
LRT stations, malls and inclose proximity to the different shipping agencies.
The Home is open andready to serve seafarers 24hours a day, 7 days a week.
With its clean facilities,
courteous staff and affordable rates, the Mariners’

Home is the modern homeaway from home.
The JSU-AMOSUP Mariners’ Home has quickly
turned into a sanctuary for
hardworking seafarers in
the three months since its
opening on Mar. 1, 2006.
The six-story building canaccommodate a total of 171
guests and has 24 bedrooms.
It also has facilities such as
cafeteria, audio visual room,
and assembly room. A gym
will be opening soon for
those seafarers who want tostay fit.
To date, the Mariners’
Home is about 75 percent

occupied, with guests consisting of maritime students,
seafarers awaiting embarkation or who have recently
disembarked, and seafarers
undergoing training and/or
physical check ups.
More and more satisfied
seafarers vowed to spreadthe news about their wonderful experiences at the
Mariners’ Home by word of
mouth.
Thanks goes to the advocacy of the people behind thissuccessful project for adhering to the welfare of the seafarers of today and seafarersof the future.

with a sound basis of compact and are located really means is that our
Seafarers’ themlegal knowledge and with closer to visiting vessels. work is never done. Manyskills, so they can They are better able to seafarers come from theMission Marks advocacy
better advise and represent accommodate visits that last poorest, most disadvantageda few hours instead of a few parts of the world and need150th Year seafarers.”
As well as working to solve days. Telephone and Inter- a staunch shoulder of supThis year, the Mission to
Seafarers is celebrating 150
years of caring for seafarers.
“Today it is technology,
multi-culturalism and criminalization, rather thancrimps preying on crews fortheir money, that are key
issues affecting seafarers’
welfare,” said Canon Bill
Christianson, Mission to
Seafarers secretary general.
“But some things remain
the same. Loneliness andhomesickness are still aproblem and, just like 150
years ago, seafarers are stillvulnerable to the whims ofan unscrupulous minority of
shipowners.”
Canon Ken Peters, Mission director for justice andwelfare, added: “The protection of seafarers’ humanrights is an area in which it
is counterproductive to dabble in an amateurish way.
The Mission continues totrain its chaplains, to equip

specific cases, such as incidents of seafarers stranded
far from home on ships thathave been abandoned bytheir owners, the Mission
also takes care of otherimportant concerns.
“Loneliness and cultural
isolation are hugely underrated problems for seafarers.
The strain of being alone, or
confined in a steel box withpeople that you are unable
to communicate with canlead to depression anddespair,” Christianson said.
Mission centers offer awarm, dry place of safety
and relaxation away fromthe ship. And its chaplainsdeliver books and provide
local information to visiting
seafarers – such as helping
with shopping trips.
Faster cargo turnaroundtimes and shorter port visitsby ships mean that the Mission has had to adapt theway it operates. Seafarer
centers have become more

net facilities have also increased in significance for
seafarers.
The Mission is taking
advantage of new andcheaper communication
technology as it becomes
available to help seafarers
stay in touch with their families. Working with maritime
communications specialists
SeaDigital Communications,
it recently launched a prepaid calling card designed
specifically for seafarers.
“During its history theMission has changed andexpanded. But what thisport. They have learned totrust the flying angel flag to
be just that,” Christianson
said.
The Mission to Seafarers
is a society of the Anglican
Church. It cares for thepractical and spiritual welfare of seafarers of all races
and creeds in 230 ports
throughout the world.
Working through a network of chaplains and staff,
each year on average it
makes 64,000 ship visits andwelcomes 500,000 seafarers
to its centers. (Source: Mission to
Seafarers)

MISSION to SEAFARERS in YOKOHAMA
Hours: 11:30-23:30 Monday-Friday, and 16:00-23:30 Saturday,
Sunday and National Holidays.
Address: Newport Building 3F, 194 Yamashita-Cho, Naka-Ku,
Yokohama 231-0023.
Tel.: (+81) 045-662-1871
Fax: (+81) 045-641-5772
E-mail: <seamen@cameo.plala.or.jp>