An Indian master who refused to begin unloading a bulker in Bangladesh during the Covid-19 pandemic has released a searing video testimony as he fights to retain his livelihood.
Captain Rajnish Samuel Shah is awaiting the outcome of an investigation into complaints to the Marshall Islands flag made by United Arab Emirates shipowner Tomini Shipping about his actions in March.
The company refutes his version of events, while the Marshall Islands flag has temporarily withdrawn his certificates to serve on its ships.
The saga began in March when Shah and 21 crew on the 64,000-dwt Tomini Destiny (built 2017) refused to unload at Chattogram because they said 60 dockers would come on board during operations.
UK charity Human Rights at Sea (HRAS), which publicised the case, said the master had effectively drawn a "line in the sand" to limit exposure of his crew to potential infection.
This included rigging razor wire to prevent access to the vessel, closure of hatches and a request for offloading away from the port with a limited numbers of stevedores.
Video testimony
In a video posted by Shah, he said: "We raised concerns regarding the growing situation of coronavirus pandemic while the vessel was to call the Port of Chittagong [sic]."
But he alleged that the shipowner refused to hear the crew's concerns.
"In fact, they went ahead to threaten the crew members indirectly and directly," he said.
"They made calls to the next of kin in India telling them that the crew members will face a situation of arrest, sent WhatsApp messages to respective crew members regarding [their] employment future and what lies ahead if they do not discharge immediately whilst the vessel arrives at the Port of Chittagong [sic]."
The master added it was confirmed by the local agent that stevedores boarding the vessel would not be screened for Covid-19 and the bulker crew would have to carry out their own checks.
"Since the owners turned a blind eye, Mr John Ramage of Republic of Marshall Islands was to mediate the talk between how to go about and resolve this issue while the crew members, and then, as a master, put forward a plan which minimised the risk and we asked for a very reasonable arrangement which was practicably possible, but not acceptable to the owners," Shah said.
"We stuck to our point," he added. "In the meantime, the owners continued with their harassment. They kept on sending WhatsApp messages to the crew, they were frequent, very often there was a call to me telling me about the consequences, what I’ll likely face as a master."
Shah alleged Tomini told him the crew's contracts would be terminated immediately should it not discharge.
'Baseless' allegations
A deal was later struck with the stevedores' union and Tomini, and the unloading went ahead.
Shah is facing three complaints made by Tomini to the flag state. He called these "totally baseless".
HRAS called the complaints "unwarranted".
Shah eventually signed off with nine crew members in Kochi, India, on 29 April.
The master’s Republic of the Marshall Islands seafarer documents were suspended on 8 June after a complaint by Tomini.
HRAS said Shah was informed: "You may not serve in any capacity on board a Republic of the Marshall Islands-registered ship while your seafarer documentation is suspended."
Left in limbo
Three months later, Shah has been left in professional limbo with a lack of response from the flag administrator, despite submitting a comprehensive and evidenced response rebuttin all of the allegations raised, the charity added.
HRAS has written to the flag administrator requesting an expedited response.
The group has also raised the issue that Shah "arguably has effectively been blacklisted by default" in the absence of a response and final decision in the case.
Tomini denies allegations
Tomini told TradeWinds: "The well-being and safety of our crew is and has always been our priority, our expert professional teams have extensive seagoing experience and ensure that safety is at the forefront of our policies and the backbone of our operations.
"We refute Captain Shah’s claims in their entirety; he is quite simply not stating facts."
The company said the master put the health and safety of seafarers at risk.
"His actions were not only illegal, but they were unnecessary and wrong in our opinion and not becoming of his position of master," the company said.
"He compromised the safety of both our crew and the vessel by diverting the ship without informing the owners or P&I [protection and indemnity]; this is only one example of a catalogue of actions that failed to demonstrate leadership capability."
Captain Rajnish Samuel Shah wants his case to serve as a warning to other masters taking command decisions to protect their crew.
This is particularly important during the Covid-19 pandemic, when the crew's needs could be at odds with owners' commercial decisions and intent, Human Rights at Sea (HRAS) said.
Precedent set?
Shah said his larger concern is that the action by Tomini will set a precedent for crew operations during the pandemic.
"This is very unfair. This is very unjust. We the seafarers are a lifeline to keep the sea lanes and the global supply chains moving," the master added.
"We are the ones who stay away from families. We are human. We have feelings. And this is a very unfortunate circumstance I find myself [in] with 15 years in command."
Shah also said the 20 other crew are set to lose their licences.
"I did weigh the situation, and the last resort was for me to use my powers to put in my master's overriding authority and tell the owners that they are, that they have to abide by the regulations," the captain added.
Case still awaiting a result
International Registries, which manages the Marshall Islands Maritime and Corporate Registries, told TradeWinds that it was duty-bound to report the master's actions to authorities.
This duty also requires it to "point out unprofessional seafarers who have unfortunately become part of our esteemed community", the US company said.
"We have shared our position with the authorities and are awaiting their independent adjudication."
The company said the case is being investigated by the Marshall Islands maritime administrator's office.
"The final determination of the case will be communicated with Captain Shah directly and his underlying licensing authority. The administrator is unable to further comment on this open investigation," International Registries said.
