Advisory in case of abandonment involving a Jamaican ship or Jamaican seafarers on board a foreign ship

Abandonment as defined in the IMO/ILO Resolution A.930 (22) Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers "is characterised by the severance of ties between the shipowner and the seafarer. Abandonment occurs when the shipowner fails to fulfil certain fundamental obligations to the seafarer, relating to timely repatriation and payment of outstanding remuneration and the provision of the basic necessities of life, inter alia, adequate food, accommodation and medical care. Abandonment will have occurred when the master of the ship has been left without any financial means in respect of ship operation."

You may be abandoned if:

1) The vessel has been detained by the port-state control authorities for unseaworthiness or breaches of the ILO Convention relating to working and living conditions, and you have been in port for a number of days beyond what is normally expected, without any communication from owner or owner's representative towards rectifying the situation.

2) Wages have not been paid for a long period (months).

3) Promises made by owner or owner's representative to pay wages were not kept and supplies for vessel have not been provided;

4) Owner or owner's representative is difficult to locate (appointments are not kept and no response to phone calls or emails etc.)

The following provide guidelines if you believe you have been abandoned. These are not written in any order of priority and may be done simultaneously.

DOs

Contact the Maritime Authority of Jamaica, the Registrar of Seafarers (876 967 1060-5 or email registrar@jamaicaships.com.

Retrieve all personal documents from the captain.

Contact local immigration authorities.

Contact the flag administration of the vessel you are on.

Contact the nearest Jamaican consulate serving the country in which you have been abandoned. http://www.un.int/jamaica/missions.htm

Contact your union, if you are unionised

Contact the Ministry of Foreign Affairs, the diaspora and Consular Affairs Department (info@mfaft.gov.jm, 1 876 926 4220 or 1 876 926 4416).

Contact your next of kin and pass your next of kin information, name, address, contact numbers, email etc. to the local authorities and the flag administration.

Document any assistance given (such as by the local Red Cross, seafarers' missions etc.). Note the time, the nature of the assistance and who provided the assistance.

Note any personal expenditure that should normally be for the owner's account such as for food, water, accommodation, medical expenses etc. Also note any additional expenditure that arose as a direct result of the abandonment. Ask for receipts and keep these safely.

DON'Ts

Do not sign any waivers from company representatives etc, except where it is expressly clear that all your legal claims have been settled and you are in receipt of such claims.

Do not sign for items not yet received in hand.

Do not hand your personal documents to any third party to take away from you. These are to be inspected on spot in your presence and returned.

To Note Generally

When seeking employment, seafarers should do their due diligence. If you are using a crewing agency, ensure that the crewing agency (manning agency) is reputable and has a track record for placing seafarers with reputable, responsible owners and companies. Also check that the crewing agency is registered with the government of the country where it is based. If you are negotiating directly with the owners or owners' representatives, ensure that this is a legitimate company with a track record for quality service. Even if you have been placed by a reputable crewing agency, do some checks of the owner and vessel record on your own.

Ensure proper contracts are in place, all the documents you need are up to date.

Ensure that at all times you have records of important contacts such as embassies, consulates, your union, flag administration, next of kin etc.