Kenya: New Maritime Regulations Will Protect Seafarers From Exploitation

New Maritime Regulations Will Protect Seafarers From Exploitation
08/10/2018

A move by the national government to establish a wage standard and regulations council has been hailed by stakeholders arguing that it will protect Kenyan seafarers from exploitation by the international companies.

A Mombasa based Maritime Consultant Andrew Mwangura welcomed the formation of the council by the State Department for Maritime and Shipping Affairs noting it will protect Kenyans from unscrupulous foreign employers.

‘The formation of a regulatory body in the shipping industry is long overdue as local seafarers have been suffering in the hands of both local and foreign employers,’ said Mwangura.

Speaking to Kenya News Agency in Mombasa on Friday, Mwangura attributed the problems facing seafarers to government delay in implementing the Maritime Labour Convention (2006) rules and regulations.

He said for the council to realise the intended objectives, it must bring on board key stakeholders with proper qualifications and maritime experience. ‘We support the government’s effort to protect seafarers from exploitation by local and international employers,’ said the consultant.

Mwangura contends that Kenya and many other African countries despite having immense oceanic resources have not fully benefitted from the multi-billion maritime sector.

Shipping and Maritime Affairs Principal Secretary Nancy Karigithu announced that the state department was working with the Ministry of Labour to establish regulations for minimum wages to improve employment conditions of seafarers in the country.

‘Seafarers play a critical role in the maritime industry and they must be protected from any form of exploitation,’ said Karigithu.

Mwangura stated that the council should not confine itself on wages aspect alone but also strive to improve the general employment conditions of seafarers.

The veteran seaman said the council will ensure the welfare of seafarers while they are outside the jurisdiction of Kenya maritime administration, in terms of adequate wages, payment of those wages on regular basis, hours of work and other social welfare minimums.

The move comes at a time when Kenyan seamen are faced with serious lack of legal and clear regulations on replacement and recruitment of staff.

According to maritime sources, all replacement and recruitment of seafarers in Kenya are carried out in close shop system, which is contrary to government directive of recruitment of seafarers in the country.

The government directive of recruitment of seafarers states that all recruitment is subject to government control under the office of the Merchant Shipping Superintended.Seafarers consist of shipmasters, deck and engineer officers, electricians and electro-technical officers, divers, fish workers, deck and engine room ratings and off-shore gas/oil rig staff.

The local seafarers have for long been protesting on poor wages, exploitation and discrimination by foreign companies.

Mwangura lamented that Kenyans were openly being discriminated by foreign vessel owners and that the formation of a regulatory mechanism will bring to end the illegal activities.

‘A Filipino working with a Kenyan aboard the same ship will be paid 900 dollars (Sh90, 000) while a Kenyan doing the same task will get 250 dollars (Sh25, 000),’ disclosed Mwangura.

The shipping industry in Kenya is largely dominated by multinational shipping companies which have been accused of discriminating citizens in terms of employment opportunities, wages and working conditions.

The International Transport Workers Federation (ITF) recently urged the government to fully implement the Maritime Labour Convention (2006) rules and regulations to protect Kenyan seafarers from exploitation.

‘Shipping industry is run and dominated by multinational companies which has negatively affected job market in Kenya,’ said ITF Inspector Betty Makena.

Mwangura said ‘Kenya has more qualified seafarers trained at the prestigious World Maritime University in East Africa region.’

He lauded the government move to establish Coast Guards and revive the Kenya Shipping Lines (KSL) saying this will boost the maritime industry.
Source: KNA