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”.
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