Clasification Society Rulefinder 2022 - Version 9.36
Statutory Documents - IMO Publications and Documents - Resolutions - Assembly - IMO Resolution A.1090(28) Fair Treatment of Crew Members in Respect of Shore Leave and Access to Shore-Side Facilities (Adopted on 4 December 2013) - The Assembly,

The Assembly,

 HAVING RECOGNIZED that crew members, as a special category of workers, and given the global nature of the shipping industry and different jurisdictions, particularly the different public authorities that they may come into contact with, need special protection,

 HAVING ACKNOWLEDGED that the adequate protection of crew members' rights is paramount and given the great significance of shore leave in relation to the human element and its influence on maritime safety,

 REITERATING the importance of the observation by Contracting Governments to the 1974 SOLAS and the 1965 FAL Conventions, of the Guidance on shore leave and access to ships (MSC.1/Circ.1342, annex) and Facilitating shore leave and access to ships, removing unnecessary restrictions imposed by divergences in the implementation of the ISPS Code (FAL.3/Circ.201),

 HAVING CONFIRMED that crew members should not be discriminated against on the basis of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed, engaged or work,

 HAVING CONSIDERED that unfair and discriminatory treatment with regard to the granting of shore leave and access to shore-side facilities still continues,

 URGES all Member Governments to:

  1 RESPECT the basic human rights of crew members concerning shore leave and access to shore-based facilities;

  2 TAKE STEPS to ensure that non-discriminatory treatment is accorded to crew members in terms of shore leave or access to shore-based facilities;

  3 ENSURE that foreign crew members are allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have been fulfilled and there is no reason to refuse permission to come ashore for reasons of public health, public safety or public order;

  4 TAKE STEPS for granting shore leave to crew members in a manner which excludes discrimination on the grounds of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed, engaged or work;

  5 COMMUNICATE their reasons for shore leave denial to the crew members and the master; and should it be requested by the crew members concerned or the master, such reasons are to be provided in writing.

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