43c/SConf/Report Annex 3


Motion 21: Fair Treatment of Seafarers


The 43rd Congress of the ITF, meeting in Sofia, Bulgaria from 10-­‐16 August 2014: 1. Being aware of the continuing problem of seafarers being denied the fundamental human right of shore leave as well as basic due process protection during the investigation of maritime accidents is having an impact on the recruitment and retention of seafarers.


2. Recognizing that the lack of fair treatment of seafarers will affect the future quality of the maritime work force that international trade depends upon and threatens the future safety of shipping and the environment.


3. Noting that many of the most experienced seafarers are declining assignment to ships trading into certain port states because of their hostile environment toward seafarers.


4. Concerned that seafarers are in a uniquely vulnerable situation. By the nature of their employment they may interface with the legal systems of multiple national States in the course of a single voyage. In the event of an incident a seafarer can be faced with interrogation and possible criminal charges under unfamiliar or unknown laws or procedures in a foreign country. In some States even incidents that do not involve criminal intent or even any fault on the part of the seafarer can lead to criminal prosecution.


5. Aware that in high profile incidents involving pollution the motivation for the State to prosecute can be to satisfy the political needs of the administration in a blame culture that needs to identify and punish a scapegoat. In other instances the motivation for prosecution can be to divert attention from the responsibility of the State itself for its role in the incident. The result can be a seafarer prosecuted in a political show trial where justice is not the primary objective. Such actions blacken the reputation of the entire maritime industry to serve political motives rather than impartial justice.


6. Noting that when the full power and resources of the State are directed against an individual seafarer in what can be a politically charged environment in a foreign country, there is a compelling need to ensure that fundamental human rights to due process are respected.


7. Recalling that it has been eight years since the Legal Committee of the International Maritime Organization (IMO) at its 91st session adopted the resolution defining the principles of Fair Treatment of Seafarers in April of 2006 and agreed to keep the guidelines under review.


8. It is clear that the adoption and implementation of the guidelines regarding the Fair Treatment of Seafarers by member States of the IMO is less than satisfactory. Keeping the guidelines under review implies that action be taken to address continuing unsatisfactory conditions.


9. Therefore, be it resolved, that the ITF Secretariat shall take all necessary actions to reconvene the Joint IMO/ILO ad hoc Expert Working Group on Fair Treatment of Seafarers to not only review the principles of Fair Treatment in the event of a maritime accident, but to expand its scope to include rights to shore leave and shore based facilities, and to focus on ways to achieve mandatory application of the guidelines by requiring member States to adopt and implement the principles pertaining to the Fair Treatment of Seafarers as a matter of their national policy.


Submitted by: Mike Murphy, American Maritime Officers (AMO) on behalf of ITF Maritime Safety Committee


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