Seafarers' Rights International survey underlines seafarer distrust and fear

Even as the MLC 2006 show hits the road, a press release from London based research firm Seafarers' Rights International says that a survey of almost three and a half thousand seafarers- conducted over a year in eight languages with 68 nationalities surveyed- shows once again that the vast majority of the world's mariners suffer the consequences of lack of legal representation, unfair treatment, absence of interpreters and intimidation when they face legal charges during the performance of their duties.

Questions were asked from seafarers who had faced criminal charges across the world. About 44% of respondents who had faced charges said they were bodily searched. 87% said that they did not have legal representation; 91% who needed interpretation services said that they were not provided with any and 89% who had faced criminal charges said that they did not have their rights explained to them. Almost a quarter of the Masters surveyed had faced criminal charges.

Four fifths of mariners felt threatened and intimidated. A similar number said they did not receive fair treatment. Close to half feared incriminating themselves in an enquiry after a casualty. “The information that I would provide might be used against me” and “Anything you say can be used as evidence against you” were typical refrains. 

“The voices of seafarers are expressing real fears and concerns over criminal charges and it must be in the interests of the whole maritime industry that these are addressed and seafarers adequately protected.  The prospect of criminal charges is daunting for any human being, whether in your own country, or even more so in a foreign country, and so for seafarers entering foreign ports on a daily basis, the risks are high and the consequences can be dire if fair and due process is not followed,” said Deirdre Fitzpatrick, SRI Executive Director.

As part of the extensive survey, SRI says it looked at all the incidents reported in the maritime press over the last twelve years and has concluded- after examining 415 incidents involving 1580 seafarers- that the numbers of detained mariners is rising.

A senior Master spoke to us on the condition of anonymity. "Managers and owners are only interested in making a scapegoat out of the Master, officers and crew after an incident. They will do anything, including pressuring the Master to falsify records and then throwing him to the wolves, to save a buck. People external to the company all have their own agendas. Fair treatment and justice for a seafarer is the last thing anybody is interested in. This is a big reason why we have so many reluctant sailors and have a hard time convincing youngsters that this is a 'career of choice.'"

Besides raising awareness of seafarer rights, promoting maritime legal expertise and providing institutional legal support towards justice for seafarers, SRI intends to "promote research, education and training in the legal rights and remedies applicable to seafarers for the purpose of improving the effective protection of seafarers and the safeguarding of their interests." 

Fitzpatrick says, “We hope that the results of this survey will provide momentum for increased efforts to ensure fair treatment of seafarers, whether innocent or guilty of a criminal charge, and that from this survey, the faces and the voices of the seafarers will be seen clearly and heard loudly”.

Is the industry prepared for MLC2006?

Concerns are being raised in some circles that the industry is not ready to deal with the impact of the Maritime Labour Convention 2006, often described as the ‘fourth pillar of the maritime regulatory regime’. The MLC 2006 will come into force, as is usual for such legislation, one year after ratification by ILO member states representing a third of global gross tonnage. As things stand now, Liberia, Panama, the Bahamas and Norway are amongst those that have ratified the convention. Experts say that they expect final ratification later this year, and implementation by the end of 2011 or early 2012.


Meanwhile, some are questioning the wider industry’s understanding or preparedness to handle MLC2006; a few are even drawing parallels with the somewhat confused implementation of the International Safety Management Code a decade or so ago. This does not bode well for the future, because the MLC has been rated as important as SOLAS, STCW and MARPOL, and a convention that is supposed to make a substantial difference to the working conditions of mariners at sea.

BIMCO estimates are that MLC 2006 will apply to about 70,000 vessels and 1.2 million seafarers across nationalities, ranks and flags. The convention sets minimum standards for the health, safety and welfare of seafarers; it also covers, in considerable detail, mariner issues related to food, health, medical care, welfare, protection, pay, working conditions, accommodation and fatigue. Compliance with such a broad convention will obviously not be easily possible last minute, say industry sources, pointing out that the five main areas that the MLC covers are panoptic and extensive in scope. These are: minimum requirements for seafarers to work on a ship; conditions of employment; accommodation, recreational facilities, food and catering; health protection, medical care, welfare and social security protection; compliance and enforcement.

Analysts say that shipowners and managers are not allocating enough resources towards the MLC2006 which may be less than two years away. In addition, certification and inspection administrations will have to come up to speed quickly and put mechanisms in place that will be robust and effective. The International Maritime Employer’s Committee has made a statement recently saying that Port and Flag states were unprepared for MLC 2006. Their secretary-general Giles Heimann said that many stakeholders continue to underestimate the impact of the regulations and have failed to budget time and resources for the preparation required. He said that a “well respected open register” had admitted it is not prepared for MLC implementation because it had not yet managed to get a “single word down on paper as far as national legislation is concerned”.



In other seafarer HRD related issues, InterManager has warned the industry that criminalisation of seafarers and piracy are the two major reasons for the fall in mariner retention and recruitment. “Legislative measures following an accident or incident have made the seafarer increasingly susceptible to criminalisation, and a rising incidence of piracy has led to correspondingly high personal risks," Brian Martis said at a conference recently. "A one-sided view of public interest coupled with political expediency has severely curtailed the human rights of the seafarer. The current shortage of skilled and qualified seafarers, already a significant crisis in the maritime industry, is further exacerbated. I know of several officers who have indicated they will discourage their children from taking up a career at sea."
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The Full City incident: Criminalisation in Norway?

Photo: The Norwegian coastal administration




Mumbai October 4 The two officers charged with negligence in the ‘Full City’ incident are ‘lost, confused and losing spirit’, according to their lawyer. The Captain and Third Officer of the ship, now under arrest in Norway, will hear next week whether they can return home pending investigations. The two seafarers, a Captain who was due to retire for health reasons this year and a first trip Third Mate both face charges of gross negligence in relation to the disaster.


The treatment of the pair has received international condemnation, with Intermanager’s Roberto Giorgi saying that if the case goes to the Supreme Court for trial he would contact Intercargo and the International Transport Workers Federation to discuss a joint industry response to the Norwegian authorities. Mr. Girogi added that it was vital to continue the push for uniform regulation around the world that would protect seafarers’ from unreasonable prosecution, adding that the case seemed to involve “local authorities who know nothing about shipping, and have no clue about the role and responsibilities of seafarers”.
Lawyers for the two officers, as well as those representing Cosco and the London Steamship P&I Club, say that initial charges against the two were relatively minor and pertained to violations of the Norwegian Safety Act. Others have been critical of the fact that the two had their passports impounded even before they were charged.


The 15 878 tonne bulk carrier ”Full City” grounded in a storm on July 31st near the town of Langesund in Telemark, Norway. Panama flagged and Cosco owned, she had around a thousand tonnes of bunkers on board and was in ballast. Norwegian rescue teams airlifted 18 crew to safety, five staying behind on board the ship. An unknown quantity of oil leaked out to the sea, polluting the area from Stavern to Grimstad. The spill spread over a 150 kilometre stretch of coastline in southern Norway and severely hit a bird sanctuary and a popular summer resort near Oslo. The news made national headlines a little before the Norwegian elections.


The Captain was initially charged with “not reporting that his ship was in a dangerous situation," police attorney Siri Karlsen had told a news conference in August; the charge carried a maximum two year jail term. The subsequent and infrequently used charge of ‘gross negligence’ came as a shock to the two officers.


The Norwegian Shipowners Association, meanwhile, has issued a statement that says that it is against the trend of criminalising seafarers. NSA lawyer Viggo Bondi says that the police need to ensure they have the full competence to deal with such a case. “If you don’t have the necessary competence it is easy to jump to conclusions too fast, then you criminalise seafarers,” he said. The NSA remained confident that the two Chinese would get a fair trial, though. “We have good regulations for the rights of people under investigation, and seafarers are not treated any differently,” Bondi said.


However, many in the industry agree that uniform regulation is urgently required to protect seafarers’ rights. Unfortunately, as Intermanager’s Giorgi says, “I can’t say we have seen a very strong message from the International Maritime Organisation in trying to deal with this issue.”
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