ILO has issued Draft Guidelines on the Fair Treatment of Seafarers Detained on Suspicion of Committing Crimes, to be discussed at the Third Meeting of the Joint ILO–IMO Tripartite Working Group on Seafarers’ Issues and the Human Element (Geneva, 26–28 November 2024).
As explained, the International Labour Organization (ILO) has issued these Draft Guidelines to ensure that seafarers detained on suspicion of committing a crime are treated fairly by public authorities. Seafarers are a unique category of workers who, due to the global nature of the shipping industry, often come into contact with multiple jurisdictions.
These Guidelines aim to protect their rights, ensuring that detention is kept to the minimum duration necessary and conducted in accordance with the legal frameworks of the relevant port or coastal States.
Furthermore, ILO highlights that these Guidelines are not intended to interfere with law enforcement, prejudice the application of any State’s domestic criminal or civil law, procedures, or its rights and obligations under international law; nor are they intended to establish any legal rights, obligations, or causes of action, or restrict any rights seafarers are entitled to enjoy under applicable international human rights instruments or the laws of the port or coastal State.
Seafarers suspected of committing a crime are entitled to protection against coercion and intimidation from any source during or after any investigation.
The investigation of a crime should not prejudice the seafarer’s rights regarding lodgings, subsistence, payment of wages, other benefits, and medical care. Nor should it affect their entitlement to repatriation, when possible, subject to the laws of the port or coastal State.
Finally, these Guidelines should be read in conjunction with the relevant provisions of the Universal Declaration of Human Rights and other applicable international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR).
According to ILO, recognizing that the prevention of seafarer involvement in crimes is of fundamental importance:
- Due consideration should be given to International Ship and Port Facility Security Code procedures and guidance from the IMO, ILO, industry, and P&I Clubs.
- Appropriate steps should be taken to ensure that seafarers are not inadvertently involved or connected to any unlawful or illegal activity.
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