The third meeting of the Joint ILO IMO Tripartite Working Group to identify and address seafarers’ issues and the human element, which met in Geneva, Switzerland (26–28 November 2024) adopted Guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes.
Following this adoption, the Guidelines will now be forwarded to the IMO Legal Committee at its next session (March 2025) for adoption, as well as to the ILO Governing Body. The rights of seafarers involved in investigations or detention have been the subject of discussions at the International Labour Organization (ILO) and the International Maritime Organization (IMO) for many decades.
The objective of these Guidelines is to ensure that the human rights and legitimate interests of seafarers involved in alleged crimes are recognized, that seafarers detained in connection with alleged crimes are treated fairly by public authorities, and that investigation or detention is for no longer than necessary, in accordance with the laws of the port or coastal States.
The new Guidelines also:
- Set out the different 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 towards seafarers, including access to consular services, legal assistance, and specify the importance of non-custodial measures during an investigation.
- Emphasise the enjoyment of fundamental human rights for seafarers, and the need to treat seafarers with respect and dignity at all times.
- Call for the strengthening of co-operation between flag states, the states of nationality of seafarers, the port state where the seafarers are investigated or detained, and also with ship owners 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 Guidelines contain guidance for port States, flag States, coastal States, States of which the seafarer is a national, shipowners and seafarers.
Other guidelines in relation to seafarers developed and adopted jointly by ILO and IMO include:
- Guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases (adopted in 2022/2023)
- Guidelines on fair treatment of seafarers in the event of a maritime accident (adopted in 2006)
- Guidelines on Shipowners’ Responsibilities in Respect of Contractual Claims for Personal Injury to or Death of Seafarers (adopted in 2001). (See also the 2014 amendments to the ILO MLC Convention)
- Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers (adopted in 2001).
