A recent joint ILO/IMO meeting that took place in December and discussed the issue of seafarers’ abandonment, adopted guidelines to address the significant rise in such cases, referring to key principles and responsibilities for all parties concerned.
The shipowner is the liable entity for making arrangements for repatriation and for covering the cost of repatriation, outstanding wages and other entitlements due to the seafarers under their seafarer employment agreements and the MLC, 2006, as well as provision of essential needs, including medical care.
Furthermore, the flag State should ensure that a financial security system meeting the requirements of the MLC, 2006, is in place for ships flying their flag.
In cases where the shipowner does not fulfil the obligations above, the following principles and responsibilities should be followed:
#1 The flag State should take steps to ascertain whether there is valid financial security in place and make the seafarers and/or the seafarers’ representative aware of the details of the financial security provider and of their ability to directly apply for assistance.
#2 When dealing with cases of abandonment of seafarers, the flag State should make arrangements for the maintenance and repatriation of seafarers. In addition, the flag State may request assistance from the State of which the seafarers are a national and the port State, when needed, and assist the abandoned seafarers in any way.
#3 The port State shall ensure the safety of the vessels in its ports, including the facilitation of any necessary maintenance of the vessels, and facilitate the resolution of cases of abandonment of seafarers by taking the following actions:
- to inform, or issue official notification to, the parties involved, such as shipowners, flag States and the States of which seafarers are a national, through appropriate channels, drawing upon, for example, contact information could be provided through found in the IMO Global Integrated Shipping Information System (GISIS) module and the ILO/IMO Database on reported incidents of abandonment of seafarers the database of ratification and implementation of the MLC, 2006;
- to facilitate the payment of wages from the financial security provider of the seafarers, the availability of essential needs, and access to medical care;
- to facilitate, and not refuse, the repatriation of seafarers; and
- to facilitate consular access.
#4 Port States, flag States and labour-supplying States shall cooperate to ensure that seafarers engaged on a ship to replace seafarers who have been abandoned in their territory, or on a ship flying their flag, shall be accorded their rights and entitlements under the MLC, 2006.
