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Burmese seafarers get justice with

Subject: Burmese seafarers get justice with
From: mizzima@xxxxxxxxxxxxxxxx
Date: Wed, 30 May 2001 01:03:00

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Burmese seafarers get justice with ITF help

By Tom Price
The DISPATCHER
(Published by the International Longshore and Warehouse Union)
January 2001

The captain of the APL Mexico added the last straw to the load of its
Burmese crew when he asked them to sign a false pay sheet, They were
already fed up with closely rationed food and pay deductions for such
work necessities as gloves and comforts like soap. They knew their pay
was inferior to the standards the Mexico was required to pay under its
ITF contract, and they knew it had a lot to do with their being Burmese.

Since their ITF-affiliated Seafarers Union of Burma was busted by the
military dictatorship a decade ago, sailors form that country have to
register with the government and promise to stay away form the ITF and
other unions. The military has jailed or killed thousands of activists,
and was recently cited by the International Labor Organization of the UN
for the use of forced labor. The most unscrupulous companies and their
captains take advantage of this, treating the Burmese workers at sea
with the same disregard as their military treats them at home.

But on the Maxico things were different. Inspired by world condemnation
of the Burmese junta, the sailors weren't afraid to call the ITF last
Dec. 13 to assist in the repatriation of a crewman who had suffered a
broken arm.

"After getting him off the ship in Long Beach I found out about the pay
rates and decided to take action," ITF Inspector Rudy Vanderhider said.

The crew were not only denied ILO-sanctioned rights to organize, they
also were paid beneath the ILO seafarers,' standard wage for their
65-hour workweeks. Vanderhider wrote directly to the ship' owner about
the substandard wages, but got no response. Then the ship returned to
Long Beach Jan. 13 and the crew stood down.

"They wanted the crew to sign a second portage bill with ITF-approved
wages so the captain could show ITF inspectors if they came on board,"
Vanderhider said. "The crew refused, knowing this would waive their
unpaid wages. I got copies of what they actually signed on for, the
earlier portage bill, and the pay was drastically lower than the one
they refused to sign."

Of course, this caused problems on the dock. An un-crewed ship is an
unsafe ship, and loading could not occur without the crew's assistance.

Vanderhider quickly arranged portage bill with supposedly correct ITF
wages. But Vanderhider knew better.

"I started negotiating to get their legitimate back pay," Vanderhider
said. "I had both sets of documents. From there it was a slam-drunk and
the ship's agent said they'd pay."

But there was one catch?the payment would have to be made at the ship's
next stop, Manzanillo, Maxico. It would take too long to get the money
to Long Beach and the ship had a schedule to meet. The ship's charter
contract contained a provision that if it were delayed due to a labor
dispute, its charter would be revoked and the crew would be out of their
jobs.

That proved to be a deal-buster. The crew wanted off the ship in the
worst possible way, and they were willing to forgo pay in favor of
repatriation rather than sail three days to Manzanillo, Maxico. It was
around 2:00 a.m. on Jan. 11 when Vanderhider went below to meet with
them.

"I told them the company guaranteed to pay the wage claim, and the only
reason they did it is because you control whether or not this ship sails
tonight," he said. "If you stop this ship you hurt them in the worst way
you can, and then why should they pay you? The captain will repatriate
you, because legally he has to, but we'll have no leverage to get the
pay if the ship doesn't move."

With the whole deal hanging in the balance, Vanderhider called Peter
Lahay at the ITF's London headquarters. If the ship didn't sail, the
crew stood to lose all their back pay, a whopping $91,440.96. The ITF
contract contains provisions to fly an inspector to a place like
Manzanillo to settle a claim, Lahay said, and Vanderhider got the ship's
agent to authorize payment for his flight.

"I got them letters of indemnity, a legal document between the ITF, ship
owner and crewman saying tithe the payment of wages the dispute is
settled," Vanderhider said. "If they go after a sailor after this is
signed, the ITF typically hires counsel and goes after them."

The crew also got their seamen's books cleared up, saying they were not
at fault for the incident. Vanderhider, armed with signed agreements to
pay each sailor and repatriate him to Burma, then promised the crew he
would meet them in Manzanillo if they would sail the ship there. But the
crew still didn't trust the owners.

"I had left my last copy of The Dispatcher when I visited the ship in
December with a story about the ILWU's support of Burmese workers, which
they read carefully. Their English was really excellent," Vanderhider
said. "They said that they knew they could trust the ILWU after reading
about our support for them."

The crew was also aware of the increasing worldwide support and felt
empowered to move. However, six of them jumped ship in Long Beach, an
extremely rare occurrence even on flag-of-convenience ships. The
remaining crew sailed the ship to Manzanillo, arriving at 3:00 a.m. Jan.
13. Vanderhider arrived four hours later and continued negotiations.
Everyone waited anxiously until 2:30 that afternoon, when an armored car
arrived on the dock. Several shotgun-wielding guards jumped out and
brought the cash on board.

"They got paid off that day, the next day we hooked up at the airport in
Mexico City for a very emotional reunion as I flew back to L.A. and they
took off to Burma," Vanderhider said.

He expressed his concern for the crew's safety once they returned to
Burma, but they were determined to do the right thing.

"Some people have to make themselves vulnerable if anything if going to
change," he said.

"This crew of thirteen will be part of history and the ITF and the ILWU
will be on the front line with them. Harry would be proud.

********************

Vancouver ITF aids Burmese seafarers

The ink was barely dry on the APL Mexico deal when the ITF DISCOVERED
TWO MORE EXPLOITED Burmese seafarers. The SD victory arrived at
Vancouver Jan. 24 to load sulfur and its crew contacted ITF Inspector
Myles Parsons. They had tired of getting verbal abuse form the captain
and getting cheated on their pay. They wanted the ship's ITF contract
enforced.

"I did a routine inspection and asked the captain for the wage sheet,"
Parsons said. "He gave it to me, and I went below to talk to the crew.
They show to talk to the crew. They showed me their pay slips. Showing
what they actually got, and it was far below the ITF rate."

He found the two Burmese second mates were underpaid by more than
$14,000 each. The captain came below to try to intimidate Parsons and
the Filipino crew, who were also owed a considerable sum of money. He
threatened to call the Port State Authority and the police, Parsons
said.

"I told him to go ahead. Howie Stohl, the Local 500 BA, was there and he
told the captain the ILWU wasn't pleased with the way the crew was
treated and wondered whether they could work safely," he said.

The captain got on the line to the ship's Greek owner, getting him out
of bed. They agreed to pay the Burmese $14,750 each. They took the money
and ask for repatriation to Thailand, where the ITF-affiliated Sefarers
Union of Burma resides in exile. Its president, U Khin Kyaw, remains in
custody since his arrest in 1997.

The union fled Burma when the military refused to turn over power to the
democratically elected government headed by Nobel laureate Aung San Suu
Kyi in 1990. She won by four-to-one margin, but remains under house
arrest in Rangoon.

While Burmese seafarers face serious problems on their return home,
there have been positive moves. The ITF and unions such as the ILWU
passed resolutions supporting the return to democracy and showed they
were willing to back up Burmese workers whenever possible. The
International Labor Organization of the UN effectively kicked Burma out
and called on all member nations to assess their relations with Burma,
renamed Myanmar by the military. The crew of the APL Mexico cited
support form the Association of Southeast Asian Nations (ASEAN) along
with the ILWU and ITF as reasons for their willingness to act for their
rights.

Suu Kyi and the military have engaged in a quiet dialogue since October
2000, brokered by UN special envoy Razali Ismail, a Malaysian diplomat.
The Jan. 21 edition of the New Delhi-based Hindu newspaper quoted
sources saying the talks came about as result of pressure form the ILO,
ASEAN and the UN. Both sides are keeping quiet, though the junta
instructed media in the country to cool attacks on Suu Kyi.

The junta released 85 political prisoners in a good will gesture before
European Union delegates met with Suu Kyi in late January. The
Australian Broadcasting Company quoted Malaysian Prime Minister Mahathir
Mohammad in a Jan. 29 story saying the junta told him they would hold
new elections in a couple years, but no official announcements have been
issued. ?T.P.

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<!doctype html public "-//w3c//dtd html 4.0 transitional//en">
<html>

<center>Burmese seafarers get justice
with ITF help</center>

By Tom Price
 The DISPATCHER
 (Published by the International Longshore
and Warehouse Union)
 January 2001
The captain of the
APL Mexico added the last straw to the load of its Burmese crew when he
asked them to sign a false pay sheet, They were already fed up with closely
rationed food and pay deductions for such work necessities as gloves and
comforts like soap. They knew their pay was inferior to the standards the
Mexico was required to pay under its ITF contract, and they knew it had
a lot to do with their being Burmese.
Since their ITF-affiliated Seafarers Union of Burma was busted by the
military dictatorship a decade ago, sailors form that country have to register
with the government and promise to stay away form the ITF and other unions.
The military has jailed or killed thousands of activists, and was recently
cited by the International Labor Organization of the UN for the use of
forced labor. The most unscrupulous companies and their captains take advantage
of this, treating the Burmese workers at sea with the same disregard as
their military treats them at home.
But on the Maxico things were different. Inspired by world condemnation
of the Burmese junta, the sailors weren't afraid to call the ITF last Dec.
13 to assist in the repatriation of a crewman who had suffered a broken
arm.
"After getting him off the ship in Long Beach I found out about the
pay rates and decided to take action," ITF Inspector Rudy Vanderhider said.
The crew were not only denied ILO-sanctioned rights to organize, they
also were paid beneath the ILO seafarers,' standard wage for their 65-hour
workweeks. Vanderhider wrote directly to the ship' owner about the substandard
wages, but got no response. Then the ship returned to Long Beach Jan. 13
and the crew stood down.
"They wanted the crew to sign a second portage bill with ITF-approved
wages so the captain could show ITF inspectors if they came on board,"
Vanderhider said. "The crew refused, knowing this would waive their unpaid
wages. I got copies of what they actually signed on for, the earlier portage
bill, and the pay was drastically lower than the one they refused to sign."
Of course, this caused problems on the dock. An un-crewed ship is an
unsafe ship, and loading could not occur without the crew's assistance.
Vanderhider quickly arranged portage bill with supposedly correct ITF
wages. But Vanderhider knew better.
"I started negotiating to get their legitimate back pay," Vanderhider
said. "I had both sets of documents. From there it was a slam-drunk and
the ship's agent said they'd pay."
But there was one catch?the payment would have to be made at the ship's
next stop, Manzanillo, Maxico. It would take too long to get the money
to Long Beach and the ship had a schedule to meet. The ship's charter contract
contained a provision that if it were delayed due to a labor dispute, its
charter would be revoked and the crew would be out of their jobs.
That proved to be a deal-buster. The crew wanted off the ship in the
worst possible way, and they were willing to forgo pay in favor of repatriation
rather than sail three days to Manzanillo, Maxico. It was around 2:00 a.m.
on Jan. 11 when Vanderhider went below to meet with them.
"I told them the company guaranteed to pay the wage claim, and the only
reason they did it is because you control whether or not this ship sails
tonight," he said. "If you stop this ship you hurt them in the worst way
you can, and then why should they pay you? The captain will repatriate
you, because legally he has to, but we'll have no leverage to get the pay
if the ship doesn't move."
With the whole deal hanging in the balance, Vanderhider called Peter
Lahay at the ITF's London headquarters. If the ship didn't sail, the crew
stood to lose all their back pay, a whopping $91,440.96. The ITF contract
contains provisions to fly an inspector to a place like Manzanillo to settle
a claim, Lahay said, and Vanderhider got the ship's agent to authorize
payment for his flight.
"I got them letters of indemnity, a legal document between the ITF,
ship owner and crewman saying tithe the payment of wages the dispute is
settled," Vanderhider said. "If they go after a sailor after this is signed,
the ITF typically hires counsel and goes after them."
The crew also got their seamen's books cleared up, saying they were
not at fault for the incident. Vanderhider, armed with signed agreements
to pay each sailor and repatriate him to Burma, then promised the crew
he would meet them in Manzanillo if they would sail the ship there. But
the crew still didn't trust the owners.
"I had left my last copy of The Dispatcher when I visited the ship in
December with a story about the ILWU's support of Burmese workers, which
they read carefully. Their English was really excellent," Vanderhider said.
"They said that they knew they could trust the ILWU after reading about
our support for them."
The crew was also aware of the increasing worldwide support and felt
empowered to move. However, six of them jumped ship in Long Beach, an extremely
rare occurrence even on flag-of-convenience ships. The remaining crew sailed
the ship to Manzanillo, arriving at 3:00 a.m. Jan. 13. Vanderhider arrived
four hours later and continued negotiations. Everyone waited anxiously
until 2:30 that afternoon, when an armored car arrived on the dock. Several
shotgun-wielding guards jumped out and brought the cash on board.
"They got paid off that day, the next day we hooked up at the airport
in Mexico City for a very emotional reunion as I flew back to L.A. and
they took off to Burma," Vanderhider said.
He expressed his concern for the crew's safety once they returned to
Burma, but they were determined to do the right thing.
"Some people have to make themselves vulnerable if anything if going
to change," he said.
"This crew of thirteen will be part of history and the ITF and the ILWU
will be on the front line with them. Harry would be proud.
********************
 &nbsp;
 
<center>
Vancouver ITF aids Burmese seafarers</center>

The ink was barely
dry on the APL Mexico deal when the ITF DISCOVERED TWO MORE EXPLOITED Burmese
seafarers. The SD victory arrived at Vancouver Jan. 24 to load sulfur and
its crew contacted ITF Inspector Myles Parsons. They had tired of getting
verbal abuse form the captain and getting cheated on their pay. They wanted
the ship's ITF contract enforced.
"I did a routine inspection and asked the captain for the wage sheet,"
Parsons said. "He gave it to me, and I went below to talk to the crew.
They show to talk to the crew. They showed me their pay slips. Showing
what they actually got, and it was far below the ITF rate."
He found the two Burmese second mates were underpaid by more than $14,000
each. The captain came below to try to intimidate Parsons and the Filipino
crew, who were also owed a considerable sum of money. He threatened to
call the Port State Authority and the police, Parsons said.
"I told him to go ahead. Howie Stohl, the Local 500 BA, was there and
he told the captain the ILWU wasn't pleased with the way the crew was treated
and wondered whether they could work safely," he said.
The captain got on the line to the ship's Greek owner, getting him out
of bed. They agreed to pay the Burmese $14,750 each. They took the money
and ask for repatriation to Thailand, where the ITF-affiliated Sefarers
Union of Burma resides in exile. Its president, U Khin Kyaw, remains in
custody since his arrest in 1997.
The union fled Burma when the military refused to turn over power to
the democratically elected government headed by Nobel laureate Aung San
Suu Kyi in 1990. She won by four-to-one margin, but remains under house
arrest in Rangoon.
While Burmese seafarers face serious problems on their return home,
there have been positive moves. The ITF and unions such as the ILWU passed
resolutions supporting the return to democracy and showed they were willing
to back up Burmese workers whenever possible. The International Labor Organization
of&nbsp; the UN effectively kicked Burma out and called on all member nations
to assess their relations with Burma, renamed Myanmar by the military.
The crew of the&nbsp; APL Mexico cited support form the Association of
Southeast Asian Nations (ASEAN) along with the ILWU&nbsp; and ITF as reasons
for their willingness to act for their rights.
Suu Kyi and the military have engaged in a quiet dialogue since October
2000, brokered by UN special envoy Razali Ismail, a Malaysian diplomat.
The Jan. 21 edition of the New Delhi-based Hindu newspaper quoted sources
saying the talks came about as result of pressure form the ILO, ASEAN and
the UN. Both sides are keeping quiet, though the junta instructed media
in the country to cool attacks on Suu Kyi.
The junta released 85 political prisoners in a good will gesture before
European Union delegates met with Suu Kyi in late January. The Australian
Broadcasting Company quoted Malaysian Prime Minister Mahathir Mohammad
in a Jan. 29 story saying the junta told him they would hold new elections
in a couple years, but no official announcements have been issued. ?T.P.
&nbsp;</html>

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