Dutch case reviews equal pay for Southeast Asian crew

A landmark legal case is underway in The Netherlands which could dramatically alter the global crewing markets.

The Netherlands Institute for Human Rights based in Utrecht is hearing from two seafarers – an Indonesian and a Filipino – who are seeking to ensure they and their peers from the two big crewing nations receive equal pay and treatment to their European counterparts. The seafarers have been backed by the Equal Justice Equal Pay Foundation.

Lawyers for the two men argue that The Netherlands’ own Equality Act, in effect since 1994, prohibits discrimination based on race.

However, via collective bargaining agreements overseas seafarers can be paid less than their Dutch peers.

“It’s the same argument deployed to justify slavery. The entire colonial system was built on the backs of slaves. But are these [seafarers] slaves?” Michael de Castro, a lawyer representing the Filipino, told Rappler, a Manila-based news site. The lawyer claimed equal pay for work of equal value is a recognised human right in several international covenants.

De Castro and his legal team are vetting thousands of claims of Filipino seafarers who were affected by this practice, in preparation for a class suit.

“The distinction by country of residence is justified because of the large differences in the costs of living between countries, which makes the situation of seafarers living in these different countries non-comparable,” said the Royal Association of Netherlands Shipowners (KNVR) in a statement sent to Rappler.

The Philippines and Indonesia are both top five in terms of providing seafarers to the global merchant fleet.