Philippines: Minervagracht Crew Wasn't Given Chance to Avoid Gulf of Aden

 

The Filipino seafarer who lost his life in the Houthi attack on the freighter Minervagracht was never advised of his right to disembark before coming within range of the terrorist group's missiles, according to the head of the Philippines' Department of Migrant Workers (DMW). 

The Maritime Labor Convention (MLC) gives seafarers the right to be repatriated if "the ship is bound for a war zone to which the seafarer does not consent to go." The International Bargaining Forum (IBF) of the MLC has recognized the southern Red Sea, Bab el-Mandeb and all of the Gulf of Aden as a "warlike operations area," where this right to repatriation applies. 

The Philippines - a leading seafarer source country - has enacted domestic regulations that implement this section of the MLC for Filipino seafarers, with additional reporting requirements. The DMW has recognized MLC's right to "refuse to sail," protecting Filipinos from being penalized if they ask to be repatriated instead of sailing into a high-risk zone. It also provides for two months' of salary and free transport home. On top of the MLC standards, it also requires maritime employers to report to DMW any planned transits of high risk or warlike zones, with a complete list of the Filipino seafarers aboard and an explanation of why the ship couldn't avoid the area. 

The policy was created in response to the Red Sea crisis in 2024, and DMW followed up with several circulars advising shipowners to avoid the region and reminding them of the order's requirements, the most recent of which was published in July. 

Migrant Workers Secretary Hans Leo Cacdac told Global Filipino Magazine that the Filipino members of Minervagracht's crew were not informed of their right to refuse ahead of the ship's entry into the Yemen warlike operations area. Nor, he alleged, did the vessel operator follow Philippine rules requiring a report to DMW about the planned transit ahead of time. 

"They were ordered to pass through there without observing the procedure that required them to be questioned and given the opportunity not to board the ship that would pass through the Gulf of Aden," he told the outlet.

Cacdac has traveled to Djibouti with the victim's family in order to accompany the crewmembers' remains home.  

In a response, operator Spliethoff said that it had indeed provided the crew with the opportunity to refuse to sail into the conflict zone, as per standard policy. 

"We confirm that the crew of the Minervagracht was consulted and granted their rights in accordance with our protocol prior to the vessel’s passage through the Gulf of Aden. This notwithstanding our efforts to engage with DMW regarding their concerns about the correct follow-up and reporting of our procedures," the company said in a statement. "We consider adherence to such procedures essential in our operations and would like to address the DMW’s concerns and clarify the steps taken to comply with official protocols. As such, we are currently seeking a constructive dialogue with the Department."