'RP seamen could sue ship owners who make them cross the Gulf of Aden'

MANILA, Philippines - Filipino seafarers could sue ship owners who would let them pass through high-risk areas like the Gulf of Aden, a Miami-based maritime lawyer said. US lawyer Ross Toyne, co-founder of the Toyne & Mayo law firm in Florida, said Filipino seamen could lodge complaints against ship owners who permit their vessels to ply certain pirate-prone areas despite being aware of the risks involved in doing so. “If ship owners have taken the ship to dangerous areas like the Gulf of Aden, it is possible for the seafarers to lodge a complaint against them," Toyne told GMANews.TV in an interview on Thursday. “The ship owners are putting the crew at risk in order to gain money," he added. He said that for the complaint to succeed, it must be proven that the ship owners have prior knowledge of the risks involved in the area and have failed to take safety precautions in their vessels. However, Toyne admits that it would be difficult to find seafarers willing to lodge complaints especially when ship owners usually double the benefits of seafarers that have been freed from captivity. The Gulf of Aden, an important waterway in the Horn of Africa, has seen a recent spate of piracy incident this year, owing to its proximity to unruly Somalia where sea bandits often hijack vessels passing through. Since July 2008, 10 ships with a total of 107 Filipino seamen on board had been hijacked by Somali pirates in the Gulf of Aden. Of the number, 61 have been released so far, including the body of one who was killed in an accident in August when pirates boarded the Malaysian ship M/T Melati Bunga Dua. In response to the rising number of Filipino victims, the Department of Labor and Employment has declared the Gulf of Aden as a high-risk zone and required ship owners to double the hazard pay of Filipino seafarers crossing these areas. Likewise, Filipino seamen were given the option to disembark from the ship should they decide not to continue with the voyage because of the risks involved. Meanwhile, the Japanese owner of a tanker that was seized recently with its Filipino crew by Somali pirates has found a “win-win" solution for his company and Filipino seafarers. Fujio Sekiguchi, president of Koyo Kaiun, which owns the recently released tanker M/T Irene, said he has prohibited his ship captains from crossing the Gulf of Aden. “It would be more expensive but we have no choice," Sekiguchi said adding that his 17 chemical tankers would take the longer route to the southern tip of Africa for the voyage. - GMANews.TV