One Day for Seafarers, A Lifetime of Work Ahead

Each year, the 25th of June is celebrated as the Day of the Seafarer (DoTS). Fourteen years ago, on this very day, major revisions were adopted to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and its Code in Manila, Philippines.

The International Maritime Organization (IMO) already recognised 2010 as the ‘Year of the Seafarer’. That same year, the global maritime community resolved to honour the unique contributions of seafarers worldwide by annually paying tribute and expressing deep appreciation and gratitude for their efforts. Today, the United Nations (UN) recognises the DoTS as an observance day.

Seafarers are the essential human element and stakeholders in the maritime sector. They have continued to play a critical role in sustaining international trade and continued supply chain management. Even during the COVID-19 crisis, their indispensable function earned them the designation of ‘key workers’ at the United Nations (UN) and the IMO.

The IMO has recognised the human element as a key element of the safety of life at sea and the protection of the marine environment due to their importance in developing and implementing requirements in this regard. The 2024 celebrations for DoTS focus on the theme “safety tips at sea” to generate awareness of the importance of seafarers’ contribution toward a safer workplace within the maritime sector.

Seafarers are a priority of the IMO

The interests of seafarers have been given utmost priority by the IMO, a UN-specialised agency that seeks to promote safe, secure, environmentally sound, efficient, and sustainable shipping through cooperation. There is consensus among the 176 IMO member states that “the safety of life at sea, maritime security, protection of the environment and world trade all depend on the competence and professionalism of the personnel employed or engaged in the maritime sector.”

Today, the international maritime sector stands at a turning point necessitated by concerns about climate change and the advancements in new and emerging technologies. The IMO’s six-year strategic plan for 2024-2029 has expressly recognised accounting for the needs and well-being of seafarers with importance to their fair treatment, inclusivity, equality, diversity and women’s empowerment.

Although maritime regulations, in general, impact the seafaring communities at large, there is a need to draw attention to their concerns and interests specifically.

Among the 08 Strategic Directions that drive the current IMO Strategic Plan, two Strategic Directions shed focused attention on seafarers.

Strategic Direction 5, which seeks to enhance global facilitation, supply chain resilience and security of international trade, expressly calls for “strengthening the care and recognition of seafarers and appreciation for the role of the maritime industry in facilitating international trade.”

Strategic Direction 6, which seeks to address the human element, promises a human-centred approach. This includes promoting fair treatment of seafarers, gender equality, and the empowerment of women and addressing seafarer abandonment, bullying, and harassment, including sexual assault and sexual harassment.

The IMO comprises the Assembly, the highest governing body, the Council, its executive organ, and five technical Committees. These are the Maritime Safety Committee, Marine Environment Protection Committee, Legal Committee and the Facilitation Committee. These committees are further supported by the work of the other subordinate committees and working groups.

While a wide range of niche maritime issues bearing different levels of impact on seafarers are deliberated at these committees, sub-committees and working groups, the specific focus on fair treatment of seafarers is addressed by the Legal Committee and maritime training matters by the Sub-Committee on Human Element, Training and Watchkeeping (HTW).

The worldwide population of seafarers serving on internationally trading merchant ships is estimated at 1.9 million, with the majority hailing from the Philippines, China, Indonesia and India. Despite the consensus among the IMO member states regarding the need to care, recognise and appreciate the seafarers, various contemporary issues continue to impact the seafarer well-being and protection.

Seafarer abandonment & repatriation

Cases of seafarer abandonment accompany uncertainty over the concerned seafarer’s repatriation and bear ramifications on the seafarers’ wages, health and sustenance. They take an unnecessary toll on the seafarers and their families despite their ongoing service.

The circumstances in which a seafarer is deemed to have been abandoned have been enlisted in the Maritime Labour Convention, 2006, (MLC) adopted under the auspices of the International Labour Organization (ILO). Standard A2.5.2, Paragraph 2 of the Maritime Labour Convention, 2006, states under:

“For the purposes of this Standard, a seafarer shall be deemed to have been abandoned where, in violation of the requirements of this Convention or the terms of the seafarers’ employment agreement, the shipowner:

(a) fails to cover the cost of the seafarer’s repatriation; or
(b) has left the seafarer without the necessary maintenance and support; or
(c) has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.”

In accordance with the provisions of the MLC, the flag State bears the obligation of ensuring an expeditious and effective financial security system, in the form of a social security scheme or insurance or national fund or other similar arrangements, to assist seafarers in the event of their abandonment. However, practical difficulties often arise on various accounts in the unfortunate event of seafarer abandonment.

While various cases have demonstrated challenges in tracing the shipowner, there is often little to no response or lack of timely response from the concerned flag State. Resolution A.930(22) recognized that, in cases where the shipowner fails to meet its obligations, the flag State, and in some cases the State of which the seafarer is a national or the port State, may be called upon to intervene.

The establishment of the IMO/ILO joint database of abandonment of seafarers was seen as a means to comprehensively monitor the problem of abandonment, and thereby enable expeditious and effective resolution of incidents of abandonment. However, despite this work, 849 abandonment incidents have been reported to be listed by the end of 2023.

Various instances demonstrate practical hurdles in repatriating the abandoned seafarers due to the non-availability of replacement crew to tend to the safety concerns of the abandoned vessel. As a result, the relevant port authorities do not permit the repatriation of abandoned seafarers. There is also a restrained ability of the P & I clubs to provide the required financial support. Furthermore, there may be instances where the financial security of the ship may run out, such as when an abandoned seafarer is on board the ship and subject to arrest under domestic procedures.

To address some of these issues, a joint working group of the IMO and ILO has adopted the following relevant guidelines:

• Guidelines on the Shipowners’ Responsibilities in Respect of Contractual Claims for Personal Injury to or Death of Seafarers.
• Guidelines on the Provision of Financial Security in Case of Abandonment of Seafarers
• Guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases

Seafarer detention and criminalisation

Another major concern for seafarers is their detention in foreign territories. The seafarers may be subjected to criminal investigations over allegations or suspicion of committing crimes, including maritime accidents, marine pollution, illegal bunkering or carriage or possessing illicit cargo on board. They may be subject to convictions, resulting in imprisonment, without adequate evidence of wrongdoing. They may also be subject to prolonged detentions while the domestic criminal procedures are undertaken in the detaining state. These circumstances often raise serious concerns relating to the human rights of the seafarers and fair treatment.

Seafarers are entitled to protection against coercion and intimidation from any source during or after any investigation into a maritime accident. They are also entitled to protection with respect to their human rights, including their right to not incriminate themselves and remain silent. However, given the principle of state sovereignty under international law, legal challenges are faced by the shipowner, flag state and the State of which the seafarer is a national for intervening in the detaining State’s domestic procedures.

So far, the joint working group of the IMO and ILO has adopted Guidelines on fair treatment of seafarers in the event of a maritime accident. The 111th Session of the IMO Legal Committee in April 2024 resulted in adopting the guidelines on the fair treatment of seafarers detained on suspicion of committing crimes.

Fraudulent recruitment and placement of seafarers

At the 111th Session of the IMO Legal Committee, India submitted a proposal for the Committee to consider measures to prevent unlawful or fraudulent practices associated with the recruitment and placement of seafarers on board ships. It was highlighted that such practices often result in seafarer exploitation and risks to the personal safety and security of seafarers, such as abandonment, stranding, personal injury or even death, and missing seafarers.

The proposal identified that, presently, the Legal Committee only addresses issues concerning fair treatment of seafarers during their service on board ships. However, the unlawful or fraudulent practices associated with the recruitment and placement of seafarers remained unaddressed.

The proposal illustrated that in several reports since 2020, seafarers who were initially recruited for a specified vessel were subsequently placed or transferred for service on a different vessel. Often, the condition of the latter vessel did not align with what was promised to the seafarer. Moreover, India also submitted that there were practical challenges for resolving the reported abandonment or stranding of seafarers serving on board such vessels due to the unavailability of relevant details, including from the shipowner or the concerned recruitment placement service.

Lack of information, particularly timely information, impacts the ability of the concerned seafarer or the next of kin, as the case may be, to access appropriate health protection, medical care, welfare, social security protection, wages or compensation in the event of death or disability. This proposal received unequivocal support. Given that recruitment and placement services and the prevention of illegal or deceptive practices fall within the mandate of regulation 1.4 of the MLC, the Legal Committee considered for the IMO to work closely with the ILO and to refer the issue to the IMO/ILO Joint Tripartite Working Group.

Contemporary Maritime Security concerns

In addition to immediate labour issues, the seafaring community continues to simultaneously face threats of personal injury and death due to maritime security concerns.

Maritime security is a multi-dimensional issue, and in the contemporary geo-political context, seafarers are also victims of deliberate targeting of ships by extremist groups and collateral damage arising from regional or geo-political conflict. Such threats extend beyond piracy or armed robbery at sea and, today, also include other forms of violent attacks on ships, such as the recent drone attacks on merchant ships in the Red Sea. Other threats include the usage of distinct maritime weapons such as anti-ship missiles, sea mines or water-borne improvised explosive devices.

In realisation of this dynamic character of the contemporary maritime security threats, India proposed, at the 111th Session of the IMO Legal Committee, to address these issues. The Legal Committee has sought considering the same as a separate proposal for a new agenda output in the forthcoming session.

Focus on the Human Element

The above issues are not exhaustive. They only encapsulate a birds-eye view of contemporary issues impacting seafarer welfare and protection.

Though the MLC is mandatory to protect seafarers and their labour conditions, it has only 107 ratifications. Implementing the labour requirements under MLC is challenging in cases where the Flag State or the detaining state is not a party to the MLC. This scenario is another complication for the seafarer-supplying states to resolve the seafarer’s concerns, in addition to a lack of relevant communication and information. Moreover, the matters that immediately and adversely impact seafarers today remain matters of deliberations at the IMO and ILO, and where codified, they only serve non-mandatory guidance documents.

Given their vital service despite months of uncertain conditions at sea, mechanisms for protecting seafarers and enhancing their well-being and welfare must continue to be a matter of global priority. The need for proactive action by the maritime community should be an immediate agenda item for the holistic safety of seafarers. The 2024 DoTS celebrations serve as one global avenue to increase awareness of the same.

You might also like to read:

• 10 Reasons You Must Thank Seafarers
• 10 Things The World Should Learn From Seafarers
• Criminalisation of Seafarers; Rights Without Justice
• 7 Main Reasons There Are Fewer Women Seafarers In The Maritime Industry
• Labour Rights of Seafarers in Piracy, Armed Robbery Against Ships and War Zones
• Q&A: Rights of Seafarers to Arrest A Ship in Indian Port for Unpaid or Underpaid Wages

About Author

Sindhura Natesha Polepalli is a Maritime Legal Consultant at the Directorate General of Shipping (Ministry of Shipping, Government of India). She holds a Master of Laws (LL.M.) with distinction in International Maritime Law from the IMO-International Maritime Law Institute, Malta. The views expressed in the article are solely personal and do not represent those of the Govt. of India.

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