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SAFETY4SEA

BlueRights Project: Building a true culture of human rights compliance at sea is vital

by Prof. Anna Petrig
March 6, 2025
in Opinions
BlueRights Project: Building a true culture of human rights compliance at sea is vital
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In an exclusive interview to SAFETY4SEA, Anna Petrig, Professor of International Law at the University of Basel, Switzerland, and Chair of COST Action BlueRights, discusses the goals of the EU-funded project.

At its core, BlueRights advocates for the protection of the right to life, liberty, and health for all people at sea, regardless of their status. A key priority of the project is to address a significant gap in international law—what Prof. Petrig describes as a “dual blind spot”: the “human rights blindness” of the law of the sea and the “sea blindness” of human rights law. Given the harsh maritime environment, people at sea are particularly vulnerable, making their protection crucial. At the same time, ensuring human rights compliance also promotes fair competition in the industry. By shedding light on these overlooked issues, the project aims to foster a genuine culture of human rights respect and accountability at sea.

SAFETY4SEA: Tell us a few words about the BlueRights project. What are the top priorities on the agenda?

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Anna Petrig: COST Action BlueRights is an EU-funded project that brings together academics, practitioners, and stakeholders to address the protection of people at sea. While the oceans have received increasing attention in recent years, the rights of people at sea are often overlooked even today. Violations of their most basic human rights—such as the right to life, liberty, and health—often go unnoticed and unpunished. Against this backdrop, BlueRights explores how these rights can be effectively upheld for all people at sea. A top priority is to identify the responsibilities of states and industry actors in strengthening protection and ensuring accountability.

S4S: Why do you think human rights at sea have been historically overlooked?

A.P.: The neglect of human rights at sea stems from a dual blind spot in international law: the “human rights blindness” of the law of the sea and the “sea blindness” of human rights law. The United Nations Convention on the Law of the Sea, the cornerstone treaty for ocean governance, fails to recognize people at sea as rights-holders. For example, it has more to say about protecting fish stocks than the protection of fishers. Human rights law, for its part, has developed with a focus on land. It has long overlooked the oceans and the unique vulnerabilities of people at sea. BlueRights will bring together law of the sea and human rights lawyers to explore how these bodies of law can be combined to strengthen the protection of people at sea.

S4S: What are the biggest obstacles to enhancing human rights protections at sea?

A.P.: A significant challenge is the lack of awareness of the dangers faced by people at sea—whether seafarers, fishers, offshore workers, migrants, or military personnel. They are often invisible to the public, and violations of their rights go unnoticed unless a major crisis draws attention to them. Over the past 15 years, three major crises—the rise of piracy, the migration crisis, and the COVID-19 pandemic—have highlighted the threats to which these categories of people at sea are exposed, leading to increased awareness of their vulnerability and improved protection by law. However, many other individuals remain overlooked and unprotected. In addition to a lack of awareness and rules, we see an enforcement gap: even where rules exist, uneven, weak or non-existent enforcement undermines their effectiveness, leaving many at sea without adequate protection.

S4S: Why is there a significant enforcement gap and what are the challenges in enforcing human rights at sea?

A.P.: Enforcement faces both legal and practical challenges. Legally, the oceans are a complex jurisdictional space, with responsibility for the protection of human rights varying according to the maritime zone. On the high seas, the primary responsibility lies with the flag state. However, many flag states fail to enforce human rights due to a lack of will or resources. In territorial waters, it remains unclear whether coastal states can intervene when there is evidence of rights violations on foreign-flagged ships. Practically, the vastness of the oceans and limited law enforcement resources mean that many abuses go undetected. While inspections in ports could serve as an effective enforcement mechanism, vessels on board which most serious violations occur—such as fishing vessels using trafficked fishers subjected to forced labour—often avoid ports for years by refuelling at sea and relying on transshipment. These challenges create a major enforcement gap, allowing human rights abuses at sea to persist with little accountability.

S4S: Are you satisfied with progress on addressing seafarers’ human rights issues, including by the industry? What should be our next steps?

A.P.: The adoption of the Maritime Labour Convention (MLC) in 2006 was a major step forward in strengthening legal protections for the nearly two million seafarers who facilitate 90% of global trade. However, its enforcement remains a challenge. Many flag states have yet to fully align their domestic laws with the MLC or put in place effective compliance mechanisms. The maritime industry itself also has a critical role to play in upholding these standards. Recognizing this, the UN Human Rights Council has urged businesses in the global maritime sector to meet their responsibility to respect human rights. This can be done through due diligence processes to identify, prevent, and mitigate human rights risks. BlueRights actively engages with key stakeholders—including shipowners, ship operators, seafarers’ missions, unions, and insurers—to achieve progress in the implementation of the MLC.

S4S: What legal or policy changes would you like to see in the next decade to improve human rights at sea?

A.P.: While legal protection for some categories of people at sea has improved over the past two decades, significant gaps remain. Workers at sea, for example, face uneven legal protection. The MLC protects seafarers on over 95% of the world’s commercial vessels. By contrast, the 2007 Work in Fishing Convention (WFC), which protects fishers, has only been ratified by 20 states. Even more concerning, no international treaty exists to safeguard the fundamental rights of workers on oil and gas platforms. BlueRights aims to address these disparities by advocating for the protection of the right to life, liberty, and health for all people at sea, regardless of their status.

S4S: How can international bodies such as the EU, UN, and IMO enhance accountability and enforcement mechanisms?

A.P.: Human rights at sea have long been overlooked at the institutional level, much as they have been in academia. UN bodies human rights monitoring bodies have largely focused on states’ compliance with human rights on land. A milestone was reached last year when the UN Human Rights Council adopted its first-ever resolution on seafarers, urging states and the industry to improve the enforcement of the MLC. While a positive step, a systematic and comprehensive review of states’ human rights obligations at sea by UN human rights bodies would significantly strengthen protections. In 2023, for the first time in its history, the IMO included a strategic goal on the human element in its Strategic Plan 2024-2029, referring to fair treatment of seafarers, abandonment and gender equality. The EU has also begun integrating the human and social element into its ocean law and policy documents, albeit inconsistently. These developments signal a growing recognition of the issue by the international community—a momentum that BlueRights aims to build on.

S4S: The BlueRights project brings together scholars, policymakers, and industry leaders. How do you foster effective collaboration among these diverse stakeholders?

A.P.: The BlueRights network currently has over 160 members from diverse backgrounds, united by a common commitment to strengthening the protection of those who work, travel or depend on the sea. Collaboration takes place through three dedicated Working Groups, each focusing on one of the core rights: life, liberty, and health. Various networking activities—including conferences, workshops, stakeholder roundtables, training schools, and short-term scientific missions—create space for developing the theoretical framework needed to guide legislative efforts. They are also the vehicle for producing practical, ready-to-use tools for governments, industry, and civil society to enhance the protection of people at sea.

S4S: The project aims to develop “ready-to-use tools” for stakeholders. Can you share examples of these tools and how they will be implemented?

A.P.: BlueRights aims to translate academic research into actionable, policy-relevant knowledge that supports stakeholders whose activities directly or indirectly affect the protection of people at sea. A key initiative is the development of a case law repository, which will systematically compile judicial decisions on human rights at sea. This resource will help judges to quickly identify relevant cases from international and domestic courts. BlueRights will also produce policy briefs and model laws for international, EU and domestic legislators in various sectors, including shipping, fisheries, oil and gas, and migration, to promote normative reform. Best practices, guidelines and checklists – such as tools to detect human trafficking and forced labour in the fisheries sector – will be developed. With members from different sectors and strong links to stakeholders, BlueRights ensures that these tools reflect the realities on the ground and meet stakeholder needs, increasing their effectiveness in driving real change.

S4S: If you could change one thing across the industry from your perspective, what would it be and why?

A.P.: Achieving a genuine culture of compliance with human rights at sea throughout the maritime industry. This is essential not only to protect people at sea, who are particularly vulnerable due to the harsh maritime environment, but also to ensure fair competition. Universal adherence to international standards by the industry as a whole would create a level playing field and prevent competitive disadvantages for maritime actors who uphold the protection of human rights.

S4S: What is your key message to maritime stakeholders to further promote and protect the human rights of seafarers?

A.P.: The human rights of seafarers—and all people at sea—are not optional, they are mandatory. The rights to life, liberty and health apply universally to all people, including those at sea. Whether on a fishing boat, a cargo ship, a cruise liner or an offshore platform, everyone at sea deserves protection. BlueRights is committed to advancing this cause and has already begun engaging with maritime stakeholders to work together for stronger human rights protection at sea.

 

The views presented are only those of the authors and do not necessarily reflect those of SAFETY4SEA and are for information sharing and discussion purposes only.

BlueRights Project: Building a true culture of human rights compliance at sea is vitalBlueRights Project: Building a true culture of human rights compliance at sea is vital
BlueRights Project: Building a true culture of human rights compliance at sea is vitalBlueRights Project: Building a true culture of human rights compliance at sea is vital
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Prof. Anna Petrig

Prof. Anna Petrig

Anna Petrig holds the Chair of International Law and Public Law at the University of Basel in Switzerland. She is a member of the Bar of the Canton of Berne (Switzerland) and the New York State Bar (USA). She was sitting as Judge ad hoc on the International Tribunal for the Law of the Sea (ITLOS) in Cases 27 and 29 (The M/T “San Padre Pio” Case, Switzerland v. Nigeria). Anna is acting as a board member of the Swiss Maritime Law Association and the Swiss Society for International Law. She is one of the drafters of the Geneva Declaration on Human Rights at Sea. Anna is Co-Rapporteur of the International Law Association (ILA) Committee on Protection of People at Sea and Chair of the EU-funded COST Action BlueRights (Life, Liberty and Health: Ensuring Universal Protection of Human Rights at Sea, CA23103).

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