Correspondence
The Outlaw Ocean Project emailed the contract address for Trioceanic Manning & Shipping, Inc.
The email said: "My name is Jake Conley. I am a journalist with The Outlaw Ocean Project, working in collaboration with Gaea Cabico (copied here), a journalist at PhilStar. For the past seven months, we have been developing, researching and reporting a story about Filipino citizens involved in sea-based labor, and your company is mentioned in the story. As we would like to give you the opportunity to respond to what we are saying, below you’ll find several points and comments we would like to offer you the chance to comment on and confirm or refute. We require your response by 5pm Manila time, Friday, July 14.
Points for comment: — This press release from the Philippine government says that your agency, Trioceanic Manning & Shipping, Inc., appeared before the government in connection with the trafficking of 35 Filipino men to fishing vessels off the coast of Namibia, where the men were subject to labor conditions that violate Philippine law and international rights conventions — including being made to work for 36 hours straight with only two meals a day and an average of 4 hours of sleep, and having their documents taken from them. Can you / would you like to comment on this account, and would you like to confirm or refute these allegations? — The same press release from the Philippine government says that your agency paid back wages due to the Filipino fishermen who were made to work in Namibia. Can you comment on why backpay was required, and would you like to confirm or refute this account? — Records on the Department of Migrant Workers’ website state that the license for your agency has been placed under a preventive suspension. Can you / would you like to comment on why your agency’s license has been suspended, and would you like to confirm or refute this fact? — Did Trioceanic Manning & Shipping, Inc., vet employers before placing workers while under a valid license from the POEA/DMW, and if so, what vetting systems were used?
Thank you."
Global Marine and Offshore Resources replied by email and said: "Dear Mr. Conley, Greetings! We appreciate your effort to reach out to us and we thank you for giving us the chance to comment on this matter. We are sending herewith our comments for your reference. We are hoping that this information would be helpful to you.
Thank you very much. Best regards, Jackie Lou A. Cielo President"
The attached statement, dated July 13, 2023, said: "Dear Mr. Conley, Thank you for bringing the recent press release from the Philippine government regarding Trioceanic Manning & Shipping, Inc. to our attention. We would like to address the allegations mentioned and provide our response to clarify the situation.
Firstly, we would like to confirm that our agency, Trioceanic Manning & Shipping, Inc., did appear before the government in connection with the employment of our 26 Filipino crews on fishing vessels off the coast of Namibia. We take these matters seriously and have cooperated fully with the relevant authorities throughout their investigation. Regarding the specific allegations raised, we would like to provide the following information:
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All 26 Filipino crew members recruited and deployed by Trioceanic Manning & Shipping, Inc. for work on fishing vessels possess the necessary documents provided by the Philippine Overseas Employment Administration (POEA). These documents ensure that they are legally employed and protected under Philippine labor laws and regulations.
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Misleading is the information that Trioceanic Manning & Shipping, Inc. has 35 Filipino seafarers and trafficked to the fishing vessel off the coast of Namibia. The truth is that, only 26 seafarers were deployed by Trioceanic Manning & Shipping, Inc. for the POEA Accredited Principal and Fishing Vessel in Taiwan, which bears a Namibian Flag which is allowed to engage fishing in Namibian territorial waters. The rest of the Filipino men were nothing to do with Trioceanic Manning & Shipping, Inc., it is the captain who allowed it to board in order for them to be with other Filipinos going home by that time.
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The fishing vessels on which the Filipino crews were deployed have obtained the necessary approvals and permits to operate in Namibian waters. We adhere to all legal requirements and collaborate with relevant authorities to ensure compliance with international regulations.
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While it is true that fishing operations can involve long hours, the claim that the crew members were made to work for 36 hours straight on a regular basis is inaccurate. Such instances may occur infrequently, primarily during periods of high catch when it is necessary to maintain operational efficiency. However, we take great care to ensure that crew members receive adequate rest periods and breaks in accordance with international labor standards.
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Our agency strictly adheres to Philippine labor laws and international rights conventions. Filipino crew members are entitled to fair treatment and are not subjected to forced labor. They are provided with suitable accommodations, proper nutrition, and healthcare services during their employment onboard the fishing vessels. The claim that crew members only received two meals a day and an average of 4 hours of sleep is misleading and does not reflect the standard conditions provided.
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Trioceanic Manning & Shipping, Inc. ensures that crew members are fairly compensated for any overtime work they undertake. We strictly adhere to the provisions set forth by the POEA and relevant labor laws, ensuring that crew members receive the appropriate compensation and benefits they are entitled to.
Second, it is not a back pay or back wages given to them upon their arrival in the Philippines. The truth of the matter was, it was their salary savings and allotments released to them upon their repatriation in the Philippines. The same bears the breakdown of revenues and deductions of their salary inclusive of Basic Pay, Over Time Pay, Leave Pay, Pay on Board (POB), and 30% of Basic Pay/Fisherman Catch Bonus, as well as benefits of SSS, Philhealth and PAGIBIG.
Third, we are deeply saddened by the news of our agency's license being placed under a preventive suspension. We assure you that we have been in close cooperation with the government throughout their investigation and have fully complied with all their requirements and requests for information.
While we acknowledge the suspension, we would like to emphasize our commitment to transparency. It is crucial to note that the suspension does not reflect any deliberate intent on our part to operate in violation of regulations or jeopardize the well-being of our Filipino workers.
Lastly, as part of our diligent approach, we have established a partnership with a reputable agency in Taiwan. This agency assists us in vetting potential employers before placing workers on their vessels. Their role involves thoroughly reviewing contracts, verifying documentation, and ensuring that the employers' pay standards align with regulatory requirements.
Moreover, from time to time meet with potential employers and assess the vessels and their operations to ensure they meet the necessary safety and regulatory standards. This on-site evaluation provides us with a firsthand understanding of the work environment and allows us to make informed decisions about the suitability of the employers.
Once we have completed our screening process, ensuring that the employers meet our strict criteria on paper, we submit their information and documentation to the POEA for registration. This step is vital in validating that the employers comply with the regulatory standards set by the government.
By implementing these comprehensive vetting systems and working closely with our partners and government agencies, we aim to safeguard the interests and welfare of our workers. We strive to ensure that they are placed in reputable employment opportunities where their rights and well-being are respected.
We take these allegations seriously and are committed to addressing any shortcomings and improving our practices if necessary. We are fully cooperating with the government authorities to investigate these claims thoroughly and resolve any issues that may have arisen.
We value the well-being and rights of all Filipino crew members employed through Trioceanic Manning & Shipping, Inc. We strive to maintain a safe and conducive working environment for them, ensuring their welfare and upholding their rights throughout their employment.
Should you require any further information or clarification, please do not hesitate to reach out to us. We are dedicated to transparency and will continue to address these matters
Sincerely, Jackie Lou A. Cielo President"
The Outlaw Ocean Project emailed Tricoeanic Manning & Shipping: "This email serves as acknowledgement of receipt of Trioceanic Manning & Shipping Inc's comments. Thanks so much for responding to our inquiry. The information and comments you've provided here are very helpful. Thank you."