BIMCO believes that the unfair treatment of seafarers poses a threat to the future sustainability of merchant shipping, primarily due to the damaging effect to the image of the shipping industry and its ability to attract and retain qualified seafarers and promotes the fair treatment of seafarers in all respects
BIMCO says it will continue to advocate against the increasingly severe liability regimes, including presumption of guilt rather than innocence of seafarers and, in particular, the introduction of strict criminal liability for oil pollution or other severe environmental incidents.
BIMCO has published the following article on its website to announce its support to the fair treatment of seafarers and measures taken:
”BIMCO is also strongly opposed to, and intervenes in response to, criminalisation of seafarers in terms of enactment of legislation that makes an act illegal retroactively.
BIMCO believes it is essential that States strictly observe and adhere to their international obligations under the United Nations Convention on the Law of the Sea (UNCLOS), including article 230 barring States from imprisoning seafarers serving on board foreign ships except in cases of “wilful and serious acts of pollution” within their territorial waters. Seafarers doing everything in their power to avoid an accident or mitigating its effects should not be penalised.
Regardless of behaviour, the fair treatment of seafarers should be upheld as a fundamental right in all incidents, in line with the 2006 IMO/ILO Guidelines on fair treatment of seafarers. The Guidelines, and the 2010 IMO Casualty Investigation Code, containing mandatory provisions to observe when obtaining evidence from seafarers, continue to be essential and must be upheld.
BIMCO fully supports the 2006 ILO Maritime Labour Convention (MLC) and its provisions relevant to fair treatment, namely the obligation for States to hold an official inquiry into any serious marine casualty leading to injury or loss of life that involves a ship flying its flag, as well as to cooperate with other States to facilitate such an investigation.
BIMCO also supports amendments to the MLC adopted in June 2014 to include mandatory provisions, which will require ILO member States to ensure that a financial security system is in place for ships flying their flags to repatriate abandoned seafarers.
In line with common legal practice BIMCO will in general oppose discrimination and unfairness against seafarers following a maritime incident, including but not limited to unfair treatment in the form of difficulties in obtaining employment or denial of entry visas to foreign countries when no civil or criminal liability has been imposed on the seafarer as a result of the incident.”
Source: BIMCO
