The “Third meeting of the Joint ILO–IMO Tripartite Working Group to Identify and Address Seafarers’ Issues and the Human Element” took place 26-28 November in Geneva, where the aim was discussing and adopting ‘Guidelines on the fair treatment of seafarers detained on suspicion of committing crimes’.
As explained by ITF, the International Maritime Organization (IMO) and International Labour Organization (ILO) new Guidelines are intended to ensure that, “seafarers detained on suspicion of committing a crime are treated fairly during any investigation and detention by public authorities, and that detention is for no longer than necessary, in accordance with the laws of the port or coastal states”. They acknowledge the unique role of seafarers and that, due to the global operations of the shipping industry which means seafarers traverse different jurisdictions, they need “special protection” when it comes to contact with public authorities.
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.
Time and again, we have seen cases where seafarers are treated like criminals, held for months on end without trial and given sentences for crimes they didn’t commit. These are gross human rights abuses, and they must be called out as such so that this appalling criminalisation of seafarers ends.
… said Seafarers’ Section Chair and President of the Seafarers International Union of North America, David Heindel. Additionally, Mark Dickinson, the General Secretary of Nautilus International and a spokesperson for seafarers at the ILO pointed out that seafarers are frequently treated as guilty until proven innocent, often denied their basic rights.
The existing ILO and IMO Guidelines on the Fair Treatment of Seafarers in the event of a maritime accident came into force on 1 July 2006. However, to date the ITF believes that the Guidelines have not been adequately enforced.
