UAE: Ongoing case of Tamim Aldar, highlights lack of accountability in Gulf ship abandonment
The MV Tamim Aldar was one of several ships abandoned by Elite Way Marine Services off the coast of the UAE with sailors stranded onboard. As of July 2019 the remaining four crew members (two Indians, two Eritreans) had been trapped 25 miles of the UAE for 33 months and in highly unsafe living and working condition. The men's salaries were allegedly pending since March 2016 and they had been stuck on board the ship since September 2017.
In May 2019, the ship's owner offered the crew payment of 50% of the owed wages; the majority of the crew accepted this with no further negotiation. In June 2019, the remaining four crew members left the ship in the one remaining lifeboat in desperation, but were forcibly returned to the ship by the UAE coastguard. The four sailors were later towed back to a UAE port.
As of August 8th 2019, the crew had been ashore in the UAE awaiting the resolution of their case; they had informed Human Rights at Sea that their case had been lodged as a criminal complaint with the UAE Coastguard.
These cases highlight the UAE’s reputation as amongst "the worst culprits" for abandoning seafarers, according to Jan Engel de Boer, senior legal officer at the International Maritime Organisation (IMO). Cases of ship abandonment in the Gulf have increased dramatically in the past two years and have been compared to modern slavery by the IMO and rights groups. Further, although a Maritime Labour Convention amendment allows abandoned seafarers to contact ships’ insurers after two months of overdue wages with a guarantee of four months’ pay, the UAE has yet to sign up to the Convention.
NGO Human Rights at Sea blames poor management by maritime companies as the root cause. Human Rights at Sea first became aware of the MV Tamim Aldar case in late 2018 and has since consistently advocated for justice for the workers.
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Author: Human Rights at Sea
Seafarer and Indian national 34-year-old Vikas Mishra from Jaunpur who had previously suffered 35 months and 13 days onboard the UAE flagged MV Tamim Aldar owned by Eliteway Marine Services Ltd without pay and seeing his family...
Since 8th August, Vikas and his fellow crew members have been ashore in the UAE... he has only received five months salary. To date, he is still owed over 30 months salary amounting to in-excess of USD 71,000...
The remaining seafarers including Vikas are now being offered only 66% of their owed wages while other crew who have signed off have been reportedly paid up to 80% of wages owed by Eliteway Marine.
Author: The Guardian
Seafarers who abandoned their [UAE-based Elite Way Marine Services owned] ship after being stranded at sea for almost three years say they were forced back to their boat after they were warned they faced jail. The four men... said they were told by coastguards that they faced two years in prison for leaving the vessel, the MV Tamim Aldar, and were advised to return... The Federal Transport Authority (FTA) of the UAE said no laws existed to imprison abandoned seafarers and confirmed they would not face arrest... [The men] warned the authorities they were leaving the ship... “In complete blackout, the vessel was not safe for our lives,”... the men described the harsh conditions on board, saying they had been forced to sleep outside in searing heat, at the mercy of mosquitoes and cockroaches. The men urged the UAE to “solve our issue and send us home safely”... In April, Elite Way Marine Services said they had encountered financial problems. They could not be contacted for this article.
Author: Vikas Mishra, Human Rights At Sea
The remaining crew onboard the UAE flagged MV Tamim Aldar, the remaining four seafarers (two Indian, two Eritrean) are currently under tow back to the UAE coast and port facilities... Vikas Mishra, who has been abandoned for 33 months and not seen his family or his daughter since she was nine months old, gave the following recorded testimony to Human Rights at Sea... Whether or not the remaining crew receive all wages owed under employment contracts from the owners, Eliteway Marines Services Ltd, is still yet to be determined.
The remaining abandoned Indian crew on the UAE flagged MV Tamim Aldar after they were returned yesterday to their deteriorating vessel by the UAE Coastguard following their own abandonment of the vessel... it took days for the crew to make the lifeboat serviceable for the dangerous 25 nautical mile journey to shore... The crew stated that they did not know what else to do, so they made a collective decision and were forced to leave for reasons of serious concern for their personal safety... once ashore and having had their case lodged as a criminal complaint... there was the suggested possibility of them going to jail... the crew have now had to accept their return back out to sea.
Author: The Maritime Executive
Some Indian seafarers, who remain abandoned at sea in the UAE, have allegedly been offered only 50 percent of the wages they are due. The U.K.-based charity Human Rights at Sea says that most of the seafarers on two arrested vessels were in such a desperate situation that they accepted the offer without further negotiation... Human Rights at Sea has issued a statement saying the ongoing issue of abandoned Indian seafarers off the UAE, some for over 28 months, must now be brought to a swift end. The charity has consistently stated that such poor management behavior by maritime companies and owners towards their employees is entirely unacceptable in today’s society in a multi-billion dollar industry.
Author: Mazhar Farooqui, Gulf News
Indian sailors stranded on a decaying merchant ship abandoned off the UAE coast have sent out an SOS as their food supplies have run out. For the past 31 months, engineers Vikas Mishra, 34, and Arsu Lobo, 49, have [stayed aboard] MV Tamim Aldar in the fervent hope of getting their salaries, which are allegedly pending since March 2016... the seamen are on the brink of starvation as their supplies have exhausted...
The cargo vessel on which the men are stranded since September 2017, flies a UAE flag and is owned by Dubai-based Elite Way Marine Services which has been caught up in financial disputes involving its other vessels... “We are hoping to come up with a solution soon,” [said Abdul Mahalik, an accountant at the company]. The sailors fear they will lose their bargaining power if they leave the ship. "... Four crew members who left the ship last month got just half of their outstanding salaries" [said] Mishra who claims the company owes him $65,000 (Dh238,745) towards 26 months of unpaid salaries.
The ongoing issue of abandoned Indian seafarers off the UAE coast due to the continued failure by Marine Service LLC to pay their wages, some for over 28 months, must now be brought to a swift end...
Rashed Abdulla Al Falasi, keeps negotiating the remaining and outstanding salaries, despite the fact that the Dubai-based law firm, Fitche & Co has arrested two of his vessels. He has offered the crew the payment of only 50% of their dues and they were in such a desperate situation that the majority accepted this offer without further negotiation.
The latest testimony from two remaining crew of the vessel MV Tamim Aldar is reproduced below in the seafarer’s own words.
Author: Human Rights at Sea
"HRAS Case Study: Seafarers' Abdonment in the UAE", December 2018
Human Rights at Sea [HRAS] has been made aware of a series of human rights and labour abusive practices against seafarers on board three vessels in the UAE belonging to the ship-owner company Elite Way Marine Services EST, incorporated in Dubai. About thirty... seafarers contacted... HRAS to report their situation... [T]he seafarers... suffer from physical and mental health conditions and are owed more than a year's salary each... Sanitary conditions are absent from all three vessels. There are no sufficient suppliers of food and fresh water and no medical assistance. The crew has reported that they have also been deprived of their travel and identificatiojn documents, which were confiscated by the UAE authorities... [T]he Federal Transport Authority (FTA) in UAE has taken legal action and banned Elite Way Marine Services EST... on the grounds of seafarers abandonment. Seafarers contend that the owner and management are telling the FTA that they will sell the vessels and then resolve the issue soon. Yet so far there has been no action...
- Related stories: UAE: Case of abandoned ship, Azraqmoiah, comes to close after crew repatriated after two years UAE: Ongoing case of Tamim Aldar, highlights lack of accountability in Gulf ship abandonment
- Related in-depth areas: Maritime Industry and Human Rights: Seafarers
- Related companies: Elite Way Marine Services