Global trade unions met with the International Labour Organization (ILO) and the International Maritime Organization (IMO) in Geneva last week to discuss measures to combat seafarer criminalisation and unfair treatment at sea.
The International Transport Workers’ Federation (ITF) joined global seafarers’ union affiliates at the third meeting of the Joint ILO–IMO Tripartite Working Group to “identify and address seafarers’ issues and the human element”.
The meeting focused on the discussion and adoption of new guidelines on the fair treatment of seafarers detained on suspicion of committing crimes.
Seafarers’ section chair and president of the Seafarers International Union of North America, David Heindel, said “time and again, we have seen cases where seafarers are treated like criminals, held for months on end without trial and given sentences for crimes they didn’t commit.
“These are gross human rights abuses, and they must be called out as such so that this appalling criminalisation of seafarers ends.”
The ITF has consistently lobbied for a strengthening of frameworks protecting seafarers, citing the global nature of unjust seafarer criminalisation and unfair treatment, and the wide range of issues for which seafarers are increasingly criminalised and detained, whether maritime accidents, illicit cargo or pollution infringements.
In September, two senior seafarers were sentenced to 30 years’ imprisonment after drugs were found on a vessel docked in Turkey. The pair, who had already spent a year in remand prison, had their sentence handed down despite no evidence of wrongdoing.
General Secretary of ITF affiliate, the Croatian Seafarers' Union, Neven Melvan, at the time called the decision “outrageous” and showing “a complete lack of understanding and respect” for the work of seafarers.
The renewed focus on the treatment of seafarers comes at a time when the maritime industry is facing a global recruitment crisis.
“It’s well known that right now the industry is facing a recruitment and retention crisis,” said Nautilus International general secretary and seafarers’ spokesperson at the ILO, Mark Dickinson.
“Seafarers are too often considered guilty until proven innocent, denied their fundamental rights, and this sends a terrible message, which risks the future of our maritime industry and undermines the resilience of global supply chains.”
The IMO and ILO new updated guidelines are intended to ensure that, “seafarers detained on suspicion of committing a crime are treated fairly during any investigation and detention by public authorities, and that detention is for no longer than necessary, in accordance with the laws of the port or coastal states”.
The new guidelines acknowledge the unique role of seafarers and that due to the global operations of the shipping industry, which mean seafarers traverse different jurisdictions, they need “special protection” when it comes to contact with public authorities.
The new guidelines also:
• Set out responsibilities to treat seafarers fairly when detained on suspicion of committing crimes: for port and coastal states, flag states, shipowners and the state of which the seafarer is a national.
• Provide support for seafarers, including access to consular services and legal assistance.
• Emphasise the enjoyment of fundamental human rights and the need to treat seafarers with respect and dignity at all times.
• Call for the strengthening of cooperation between flag states, states of nationality of seafarers, the port state where seafarers are investigated or detained, and also shipowners’ and seafarers’ representatives.
• Agree that seafarers need to be made aware of the risks of incriminating themselves, and the options available should they end up in a situation where they are investigated or detained.
The existing ILO and IMO Guidelines on the Fair Treatment of Seafarers in the event of a maritime accident came into force on July 1, 2006. However, the ITF believes that these have not been adequately enforced.
