BEING AWARE of a number of recent incidents in which seafarers
on ships that have been involved in maritime accidents have been
detained for prolonged periods,
SERIOUSLY CONCERNED about the need to ensure the fair treatment
of seafarers in view of the growing use of criminal proceedings against
seafarers after a maritime accident,
AWARE ALSO that seafarers may not be familiar with the law
and processes of a port or coastal State and the impact those national
laws may have on them,
CONVINCED that seafarers should not be held hostage
pending the resolution of a financial dispute,
CONCERNED that, in some cases, the grounds for such detentions
have not been clear to the seafarers being detained or to the international
maritime community,
CONCERNED ALSO that in some cases the detained seafarers
have been subject to conditions in which their basic human rights
appear not to have been fully respected,
CONCERNED FURTHER that these cases have an adverse
impact on the morale of seafarers, on the attraction and recruitment
of young people into the seafaring profession, and on retention of
current seafarers in the profession,
RECALLING the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights (ICCPR),
and the International Covenant on Economic, Social and Cultural Rights
(ICESCR),
RECALLING ALSO the ILO Declaration on Fundamental Principles
and Rights at Work, 1998 and the generally accepted principles of
international human rights applicable to all workers,
RECALLING FURTHER the United Nations Convention on the Law
of the Sea, 1982, in particular article 292 concerning the prompt
release of vessels and crews, and article 230 on monetary penalties
and the observance of recognized rights of the accused,
NOTING that MARPOL 73/78 stipulates, in Annex I, Regulation 11 and in
Annex II, Regulation 6 (now Regulation
4), that certain discharges are not violations of MARPOL, specifically
those resulting from damage to a ship or its equipment, provided
that all reasonable precautions have been taken, after the occurrence
of the damage or discovery of the discharge, for the purpose of preventing
or minimizing the discharge, and except if the owner or the master
acted either with intent to cause damage or recklessly and with knowledge
that damage would probably result,
NOTING ALSO the relevant international labour standards
applicable to repatriation of seafarers, in particular ILO Convention
No.166 concerning the Repatriation of Seafarers, (Revised), 1987,
NOTING FURTHER the IMO Code for the Investigation
of Maritime Casualties and Incidents (resolution A.849(20) as
amended by resolution A.884(21)),
RECOGNIZING the established rights of States to prosecute
or extradite in accordance with international law those accused of
criminal behaviour,
RECOGNIZING FURTHER that States should conduct investigations
into maritime accidents,
RECOGNIZING ALSO that the issue of fair treatment
of seafarers is the direct responsibility of port or coastal
States, flag States, the State of the nationality of the seafarer,
shipowners and seafarers,
CONVINCED that recommendatory guidelines are an appropriate
means of establishing a framework of legal certainty and consistent
good practice to ensure that, in connection with maritime accidents,
seafarers are fairly treated and their rights are not violated,
CONSIDERING that, given the global nature of the shipping
industry, seafarers need special protection,
CONVINCED ALSO that the protection of the rights of seafarers
through the application of the guidelines referred to above
is necessary to avoid the financial, physical and emotional
burden which prolonged detention inflicts on seafarers and their
families,
BELIEVING that the adoption of guidelines which will
facilitate the fair treatment of seafarers in the event of a
maritime accident should be developed as a matter of urgency,
HAVING CONSIDERED the recommendations made by the Legal
Committee at its ninetieth session, as endorsed by the ILO Governing
Body at its 292nd session,
1 URGE all States to respect the basic
human rights of seafarers involved in maritime accidents;
2 URGE ALSO all States expeditiously to
investigate maritime accidents to avoid any unfair treatment
of seafarers;
3 URGE FURTHER all States to adopt procedures
to allow the prompt repatriation or re-embarkation of seafarers
following maritime accidents;
4 INVITE Member Governments and non-governmental
organizations in consultative or observer status with IMO or
ILO, as appropriate, to record instances of unfair treatment
of seafarers in the event of maritime accidents and to
provide data to IMO or ILO whenever requested;
5 AGREE to adopt guidelines as a matter
of priority and to that end request the Joint IMO/ILO Ad
Hoc Expert Working Group on Fair Treatment of Seafarers to
finalize its work expeditiously;
6 AUTHORIZE the IMO Legal Committee and the
ILO Governing Body to promulgate, once finalized, the said guidelines
by appropriate means and to report to the twenty-fifth regular session
of the IMO Assembly and to the 295th session of the ILO
Governing Body, accordingly;
7 REQUEST the IMO Legal Committee and the ILO
Governing Body to keep the problem of unfair treatment of seafarers
in the event of maritime accidents under review and to
assess periodically the scale of the problem;
8 REQUEST Member Governments to bring this resolution
to the attention of shipowners and seafarers and their respective
organizations as well as any government officials who may be involved
in decisions and procedures affecting the treatment of seafarers
involved in maritime accidents.