1 The 2002 SOLAS Conference that adopted SOLAS chapter XI-2, the ISPS
Code, and the associated Conference resolutions, was aware
of the potential human aspect problems affecting the fundamental human
rights of seafarers, which may stem from the imposition of a security
regime on international shipping on a global basis. It was recognized
that seafarers would have the primary duties and responsibilities
for implementing the security regime for ships. At the same time,
there was concern that the emphasis on port facility security may
result in ships and seafarers being viewed as a potential threat to
security rather than partners in the effective implementation of the
security regime.
2 In this regard, it was recognized that there
may be conflicts between security and human rights, as well as between
security and the efficient movement of ships and cargoes in international
trade that is essential to the global economy. There should be a proper
balance between the needs of security, the protection of the human
rights of seafarers and port workers, and the requirement to maintain
the safety, security and working efficiency of the ship by allowing
access to ship support services, such as the taking on of stores,
repair and maintenance of essential equipment, and other vital activities
that are appropriately undertaken while moored at port facilities.
3 The 2002 SOLAS Conference incorporated the protection
of the fundamental human rights of seafarers into SOLAS chapter XI-2 and the ISPS
Code. The Preamble to the ISPS
Code clearly states that the ISPS Code shall not be interpreted in
a manner that is inconsistent with existing international instruments
protecting the rights and freedoms of maritime and port workers. The
Preamble also called to the attention of Contracting Governments that
in approving port facility security plans they should be aware of
the need for seafarer's shore leave and access to shore-based welfare
facilities and medical care.
4 To address these concerns and principles, paragraph A/16.3.15 of the ISPS Code
provides that a port facility security plan (PFSP) shall contain procedures
for facilitating shore leave, crew changes and access for visitors
including representatives of seafarers' welfare and labour organizations.
This should be construed as including shore-based ship support personnel
and the taking on board of ship's stores. The provisions of paragraph B/16.8.14 of the ISPS Code
reinforces this requirement by providing that the PFSP should contain
such procedures relating to all security levels.
5 In approving PFSPs and amendments thereto, Contracting
Governments should ensure that PFSPs address the procedures described
in paragraph A/16.3.15 of the ISPS
Code, taking into account the guidance in paragraph
B/16.8.14 of the ISPS Code. Contracting Governments should
also ensure that the arrangements and measures which have been put
in place in order to monitor the effective implementation of the provisions
of the approved plans also verify that provisions of such plans in
connection with shore leave and access to ships are correctly implemented.
The need to have in place adequate and effective national oversight
programmes has been reiterated on a number of occasions and the Contracting
Governments which do not have such programmes in place should address
the issue forthwith.
6 From a practical perspective, it is also important
that port and port facility operators and security personnel seek
a balance between the needs of security and the needs of the ship
and its crew. Port facility operators and the port facility security
officers should ensure coordination of shore leave for ship personnel
or crew change-out, as well as access through the port facility for
visitors to the ship, including representatives of seafarers' welfare
and labour organizations and those concerned with the maintenance
of ships' equipment and safe operation, with the Company in advance
of the ship's arrival. A singular focus on the security of the port
facility is contrary to the letter and spirit of SOLAS chapter XI-2 and the ISPS Code and
has serious consequences for the international maritime transportation
system that is a vital component of the global economy. It is further
noted that the ILO/IMO Code of Practice for Port Security recommends
that all port stakeholders work co-operatively to make such arrangements
and advance plans.
7 As provided in Conference resolution 11, SOLAS
Contracting Governments are urged to take the human element, the need
to afford special protection to seafarers and the critical importance
of shore leave, into account when implementing the provisions of SOLAS chapter XI-2 and the ISPS Code. Therefore,
Contracting Governments, Member States of the Organization, and non-governmental
organizations in consultative status with the Organization are encouraged
to report to the Organization any instances where the human element
has been adversely impacted by the implementation of the provisions
of SOLAS chapter XI-2 and the ISPS
Code and are requested to bring such instances to the attention of
the Maritime Safety Committee and the Facilitation Committee.