Humans Rights At Sea, in partnership with ReedSmith, issued a report on seafarer abandonment, providing guidance to seafarers on how to respond in such cases and where to get help.
It is known that ‘Seafarer abandonment’ can mean a number of different things, but most often means a situation where seafarers onboard a ship are not being properly cared for by the owners of the ship (and in extreme circumstances, where the ship has also been abandoned). According to HRAS, it can, however, cover other scenarios including where seafarers have been left behind in a foreign port.
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As explained, when abandonment occurs, seafarers may have legal rights and potential legal claims against the owners and/or managers and/or against the ship itself.
Practical implications for the seafarer
Abandonment can mean seafarers are left on board a ship that is not being properly maintained (and therefore creates an unsafe working environment) without the necessary supplies to live.
This can mean:
− Ships run dangerously low on fuel, lube oil, fresh water, food and medicine.
− With water, food and heating in limited supply, conditions can be unhygienic and sickness can spread.
− Seafarers are denied access to medical treatment.
− Seafarers are left “begging for vital provisions”, relying on charity to survive.
− Electricity fails and food starts to rot.
− Without adequate fuel or access to maintenance, ships can become dangerous.
What are the financial implications of seafarer abandonment?
The financial implications to seafarers of being abandoned are usually serious, both for them and their dependants.
Where abandoned seafarers do assert their legal rights, fear of not being paid at all can induce them to agree to settle for less wages than they may be contractually entitled to.
In some countries/jurisdictions there are risks to leaving the ship or the country the ship is in and it may be necessary to start legal proceedings within a certain period of time to protect rights.
…HRAS noted.
What should a seafarer do before leaving the ship or jurisdiction?
- Understand their rights, both in the country they are in and under the Flag State of the ship. This means getting help and advice.
- Before leaving, send a letter to the owners, technical managers and seafarer managers asserting their right to a maritime lien.
- Understand rights to be repatriated.
- Once they have left the ship, try to stay informed about what is happening with the ship.
Key points:
- Abandoned seafarers have rights under the law of the Flag State, the Port State and their own
home country. - They may also have rights under the MLC. A list of countries that have signed up to the MLC is at Appendix 2.
- Those rights include the right to be repatriated.
- Under the MLC, owners and Flag States have financial obligations to abandoned seafarers. Those include the costs of essential provisions and expenses, repatriation and certain rights as to wages due.
- Claims for wages and other sums due are likely to give rise to a maritime lien – rights against the ship itself, not just against the contractual employer of the seafarers. Those rights survive the voluntary transfer of a ship by her owners. An example letter that can be sent to the owners, managers, Flag State and Port State explaining that a seafarer is asserting a right to a maritime lien is at Appendix 3.
- Different countries have different rules. There are organisations that can provide help and support to seafarers, including advice on the particular laws of a Flag State, Port State or home country. A list of contacts is at Appendix 4.
YOU MAY EXPLORE THE REPORT HERE
Very interesting guide would you have a copy of the mLC appendix 2?