The IMO Sub-Committee on Human Element, Training and Watchkeeping (HTW 9) took place 6-10 February 2023 in IMO headquarters, adopting STCW training provisions on bullying and harassment in the maritime sector, including sexual assault and sexual harassment.
In particular, the Sub-Committee agreed to draft amendments to the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Code, to prevent and respond to bullying and harassment in the maritime sector, including sexual assault and sexual harassment (SASH). The move follows the agreement by the MSC at its 105th session to instruct the HTW Sub-Committee to develop and finalize, as a matter of priority, relevant STCW training provisions in advance of the completion of the ongoing comprehensive review of the STCW Convention and Code.
To remind, during MSC 105 members agreed to the establishment of an IMO/ILO joint group to consider bullying and harassment in the maritime sector, including sexual assault and sexual harassment. The group will take into account information submitted by interested parties, with a view to providing recommendations for future steps, including the development of legislation, mechanisms and policies, and the launching of awareness campaigns by relevant stakeholders, aimed at reporting and addressing these matters. Recently, Maersk Line, Limited was hit with two lawsuits claiming that it failed to protect US Merchant Marine Academy midshipmen from sexual assault and harassment, according to the law firm representing two victims.
During IMO HWT 9, it was agreed that, following approval by MSC 107 and consideration by the joint ILO/IMO Tripartite Working Group to Identify and Address Seafarers’ Issues and the Human Element (JTWG), the draft amendments should be referred back to HTW 10 in early 2024 for final consideration, with a view to adoption at MSC 108.
The new provisions will apply to all seafarers by means of amendments to the STCW Code, table A-VI/1-4 (Specification of minimum standard of competence in personal safety and social responsibilities), consisting of a new competence: Contribute to the prevention of and response to bullying and harassment, including sexual assault and sexual harassment.
The related Knowledge, understanding and proficiency will include:
- prevention of bullying and harassment
- Basic knowledge of bullying and harassment, including sexual assault and sexual harassment, and the continuum of harm
- Basic knowledge of the consequences of bullying and harassment, including sexual assault and sexual harassment on victims, perpetrators, bystanders, stakeholders, and its effects on safety
- Understand that power dynamics, drugs or alcohol may be used to create coercive situations that contribute to bullying, harassment, including sexual assault and sexual harassment
- Responding to bullying and harassment
- Ability to identify bullying and harassment, including sexual assault and sexual harassment
- Basic knowledge of the action to take to intervene, and
- report bullying, harassment, including sexual assault and sexual harassment
- Understand the basic principles of trauma-informed response and how to provide appropriate support to a victim, bystanders and self.
The draft text was developed by the Working Group on the Comprehensive Review of the 1978 STCW Convention and Code and the Sub-Committee noted the discussions and support of the Group to develop and include a standalone competence relating to psychological safety within section A-VI/1 and table A-VI/1-4 during the ongoing comprehensive review of the STCW Convention and Code.
The Sub-Committee endorsed the Working Group’s recommendation to add a reference to the Maritime Labour Convention (MLC) provisions on bullying and harassment and to align the language when revising Model Course 1.21 (Personal Safety and Social Responsibility). The Correspondence Group on the review of the STCW Convention and Code, established during the meeting, was invited to prepare draft terms of reference for the revision of Model Course 1.21 to include the competence on prevention and response to bullying and harassment, including SASH.
The Sub-Committee also endorsed the Working Group’s agreement to give more detailed consideration concerning the evidence of maintaining the standard of competence on prevention and response to bullying and harassment, including SASH, during the process of the comprehensive review of the STCW Convention and Code.
