International Bodies Establish New Guidelines to Protect Seafarers from Criminalisation

International Bodies Establish New Guidelines to Protect Seafarers from Criminalisation

Geneva, December 2024
Seafarers' unions, the International Labour Organization (ILO), and the International Maritime Organization (IMO) have jointly adopted new guidelines to address the criminalisation and unfair treatment of seafarers. These measures, agreed upon during a meeting in Geneva, aim to provide enhanced legal safeguards for seafarers facing investigation or detention.

Background and Context

The previous guidelines on the fair treatment of seafarers came into effect on 1 July 2006. However, the International Transport Workers' Federation has criticized the lack of enforcement, citing several cases where seafarers were unfairly criminalised after maritime accidents, pollution incidents, or allegations of smuggling.

Such incidents highlight the urgent need for reinforced protections.

Key Provisions of the New Guidelines

The new guidelines, which will be presented to the IMO Legal Committee and the ILO Governing Body in March 2025 for endorsement, outline several critical provisions:

1. Responsibilities of States and Stakeholders
   • Clearly define the obligations of flag states, port and coastal states, shipowners, and the state of nationality of the seafarer to ensure fair treatment.
   • Ensure that seafarers suspected of crimes are treated equitably and with dignity throughout any investigation or detention process.
2. Access to Support and Legal Assistance
   • Guarantee seafarers' access to consular services, legal representation, union support, and other necessary resources during investigations.
   • Emphasize the use of non-custodial measures wherever possible to minimize undue hardship.
3. Protection of Fundamental Rights
   • Affirm the fundamental human rights of seafarers, ensuring they are treated with respect and dignity at all times.
   • Highlight the importance of protecting seafarers from self-incrimination and ensuring they are informed of their rights during legal proceedings.
4. Strengthened Cooperation
   • Call for increased collaboration between flag states, port states, coastal states, the states of nationality of seafarers, shipowners, and seafarers' unions.
   • Encourage a coordinated approach to addressing cases of seafarer detention or investigation.
5. Awareness and Education
   • Advocate for enhanced awareness among seafarers about the risks of criminalisation and the legal options available to them.
   • Provide guidance on how seafarers can navigate situations where they are under investigation or detained.

Acknowledging the Unique Role of Seafarers

Mark Dickinson, General Secretary of Nautilus and elected spokesperson for the ILO Seafarers’ Group, underscored the importance of these new guidelines. He stated, “These measures recognize the unique role of seafarers as key workers operating across diverse jurisdictions. They are intended to ensure fair treatment and provide the special protections necessary for seafarers in contact with public authorities.”

Next Steps

Following endorsement by the IMO and ILO, the guidelines will be disseminated to member states for implementation. The maritime community hopes these measures will address the systemic issues surrounding the criminalisation of seafarers and provide a stronger legal framework to safeguard their rights and dignity in the face of legal challenges.