International Transport Workers' Federation (ITF) and the IBF High Risk Area Agreement

Naval Response

No activity implemented or planned

No activity planned or implemented.

Industry Response

Ongoing activity

ITF supports Best Management Practices (BMP) as an effective way to protect vessels and seafarers from pirate attack. The IBF High Risk Area, Designation 2, which is included in the all post-February 2012 IBF CBAs (Article 17, IBF Framework Agreement), requires vessels transiting the Gulf of Aden and the 400nm off the coast of Somalia to adopt increased security measures. The provision of security personnel or security systems must be to appropriately reduce vulnerability of the vessel being attacked by pirates. The sufficiency of such extra security measures must be determined by the vessels physical vulnerabilities: type, size, freeboard during transit and speed. BMP4 is the minimum standard of protection for a vessel transiting the IBF High Risk Area.

Plight of Seafarers

Ongoing activity

The IBF High Risk Area, Designation 2, which is included in the all post-February 2012 IBF CBAs (Article 17, IBF Framework Agreement), requires that seafarers be entitled to 100% of their basic wage during the duration of their actual transit/stay of the HRA (including the IRTC). In the event of death or disability, the seafarer or their heirs are entitled to double compensation. Except when the vessel is transiting the Internationally Recognized Transit Corridor (IRTC), a seafarer is entitled to refuse transit and to be repatriated at company expense. The Extended Risk Zone (approved in the Revised IBF HRA (March 2011)), grants the entitlements of the HRA, but only commencing on the day the vessel is attacked. Also, any seafarer on a vessel within 12nm of the northern Somali Coast is entitled to double basic wages, payable for a minimum of 5 days (per additional day if longer), plus if a seafarer refuses to transit in the Warlike Operations Area, then the company must repatriate the seafarer with compensation equal to 2 month’s basic wages (note: this designation has been in effect since 6 October 2005).

Messaging and Advocacy

No activity implemented or planned

No activity planned or implemented.

Regional Capacity

No activity implemented or planned

No activity planned or implemented.

Somali Capacity

No activity implemented or planned

No activity planned or implemented.

Rule of Law

No activity implemented or planned

No activity planned or implemented.

Coordination

No activity implemented or planned

No activity planned or implemented.

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About This Organization

The International Transport Workers’ Federation (ITF) is a global federation for transport workers with 700 unions in 150 countries. The federation includes: seafarers, fisheries, inland navigation, road, rail, civil aviation and tourism services. Since 1896, the ITF has represented the interests of seafarers and today there are over 600,000 seafarer-members. ‘The ITF is working to improve conditions for seafarers of all nationalities and to ensure adequate regulation of the shipping industry to protect the interests and rights of the workers. The ITF helps crews regardless of their nationality or the flag of their ship.’ The ITF is actively engaged in mitigating risks of piracy and armed robbery at sea, abandonment, non-payment of wages, and unsafe and poorly maintained vessels.

One of the ITF’s main efforts is negotiations within the International Bargaining Forum (IBF), which resulted in IBF High Risk Area Agreement (IBF-HRA Agreement). The IBF provides a forum for discussion between the ITF (and its member unions) and the Joint Negotiating Group (JNG), composed of the International Maritime Employers’ Committee (IMEC), International Mariners Management Association of Japan (IMMAJ), and the Korean Shipowners’ Association (KSA). The IBF was formed in 2003 and framework negotiations take place every two years. The IBF Framework Total Crew Cost (TCC) Agreement provides for baseline entitlements in areas of social, professional, and financial life. The framework is part of the Collective Bargaining Agreement (CBA) between shipowners and manning agents and seafarers. In 2005 the IBF designated the 12nm –off the northern coast of Somalia as a “Warlike Operations Area” (WZ). This designation resulted in seafarers being entitled to 100% basic wage bonus, payable for 5 days minimum, plus the right to refuse passage. If refusing passage, the shipowner is liable for repatriation costs and two months basic wages. In October 2008, the IBF convened an emergency meeting in Singapore to discuss “hazard pay” for crew transiting pirate infested waters. The meeting resulted in the IBF-HRA Agreement. This area included the Gulf of Aden (except Yemen territorial waters) and 400nm –off the east coast of Somalia. Crews transiting the HRA are entitled to 100% basic wage bonus, payable during duration of transit. If the vessel is transiting out-with the Internationally Recommended Transit Corridor (IRTC), then a seafarer has the right to refuse transit and the company is liable for repatriation costs. After heightened rates of piracy, the IBF met again on 25 March 2011 to revise the HRA Agreement. The IBF HRA Revision (Extended Risk Zone Amendment) created the “Extended Risk Zone” (ERZ), which consists of the entire western Indian Ocean. If a vessel is attacked by pirates whilst transiting ERZ, then seafarers are entitled to 100% basic wage bonus for each day the encounter lasts. Voyages through the ERZ must be reported to the UKMTO prior to transit and recorded in the ships logs. In all zones of risk, seafarers are entitled to double compensation if for disability or death. Also, the IBF requires the latest revision of the Best Management Practices (BMP) to be implemented as a baseline for vessel self-protection when transiting these areas of high risk. (NSZZ brief ITF WZ-HRA 1 January 2012). During the Tokyo IBF meeting in February 2012, it was agreed to annex the three HRAs to Article 17 of the TCC Framework Agreement and to extend it to all future IBF CBAs.

International Transport Workers' Federation (ITF) and the IBF High Risk Area Agreement

Naval Response

Industry Response

Plight of Seafarers

Messaging and Advocacy

Regional Capacity

Somali Capacity

Rule of Law

Coordination

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