Overview: SEA-FARERS: RIGHTS AND DUTIES

Profile of the author: Garv Singh is a 3rd year law student at Amity Law School, Delhi

INTRODUCTION

• Sea-farer is a person who regularly travels by sea, can also be called a sailor per-se.
• These are the persons who are engaged, employed or working on board on the ship except the master of the ship, and are the ones who do not entirely work on board while the ship is on port.
• Seafarers are inter alia, persons who have been employed by the shipowner to do ship maintenance on board at the sea, that is: work performed by people taking part in the shipping operation and up keeping it with care and caution, as well as the provisioning of those on board.
• Additionally, seafarers can be individuals who perform repair and maintenance work on the ships or special ship personnel who have been employed to work at sea on board as well as clean-up and catering personnel.

INTERNATIONAL LAW

• International laws are the laws made at the highest level between the States. The International Labour Organisation (ILO), since it was founded in 1919, has set international labour guidelines for all the workers and especially has set standards for seafarers in more than 60 countries. These methods taken together represent a widespread set of standards, and concern, practically all aspects of living and working situations of seafarers.
• In February 2016, these existing conventions and recommendations were updated and consolidated in the new Maritime Labour Convention, 2006[1].
• Human rights mechanisms also exist at international and regional level which may be pertinent to the rights of seafarers.
• In the international law, conventions of the international maritime organisation, impose commitments on the State, several of which have the influence of establishing benefits for the seafarers.

MARITIME LABOUR CONVENTION: AIMS, RIGHTS AND DUTIES OF SEAFARERS

• The aim of this convention is to provide a set of basic rights that all the seafarers must be provided, no conditions applied.
• The ILO came up with a convention dealing specifically with rights and responsibilities of marine workforce.

Maritime labour convention was proposed with a view to make marine trade globally fair and standardised for all the seafarer workmen without discrepancies due to variability in regions. It was set with SPECIFIC AIMS such as:

1. To line minimum standards for seafarers.
2. Ensure fair working conditions for them all over the world.
3. To modernize world standards for marine needs.
4. Address minimum needs for conditions such as employment, accommodation, recreational facilities, food and line, health protection, treatment, welfare, and social insurance.

The rights of the seafarers as mentioned in the convention are given below:

Article IV[2] of the convention states that all seafarers are entitled to:-

1. The right to a safe and secure workplace that complies with international safety standards.
2. Be provided with decent working and living conditions aboard.
3. Hold the right to claim health protection, medical care, welfare measures and other forms of social protection.
4. Right to fair terms of employment.
5. Always, hold the right to form or join trade unions of his/her choice.
6. The right to seek help of the union for negotiations of a collective bargaining agreement on his/her behalf.

Article III of the convention will help to ensure that seafarers are also provided with ILO fundamental rights relating to:

A. Freedom of association.

B. Elimination of forced labour.

C. Elimination of child labour.

D. Elimination of discrimination.

General duties and responsibilities of the seafarers:

1. Seafarers must take part in ensuring safe working conditions and should be supported to express views on working methods implemented as they may affect safety and health, without fear of dismissal or other prejudicial measures.
2. Seafarers should have the right to remove themselves from dangerous situations or operations when they have good reasons to believe that there is an imminent danger to their safety and health. In these situations, the competent officer should be notified of the danger forthwith and seafarers should be guarded.
3. Notwithstanding point 1, seafarers should only abandon ship on the express order of the master or, in his absence, the competent person next in line of authority.
4. Seafarers should:-

• Take care of their own safety and health and of other persons who may be affected by their acts or omissions at work.
• Use and take care of personal protective equipment and clothing at there disposal and not misuse any means provided for their own protection.
• Abiding by the prescribed safety and health measures.
• Seafarers should not operate or interfere with equipment which they have not been duly permitted to operate, maintain, or use.
• Seafarers have a duty to be particularly be diligent during fire, lifeboat and other drills and emergency training.
• The crew should execute the shipowner’s[3] safety and health policy plan and programme as assigned to them by the master in a diligent and professional manner and express their full support for shipboards safety.
• They must do everything in their power to maintain their own health and safety as well as the health and safety of the other crew members and other persons on board.

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FAQ:

Q. How many seafarers die each year and is seafaring the most dangerous occupations in the world?

Ans. As per an estimation, more than 2000 seafarers lose their lives each year. Commercial seafaring is considered to be the 2nd most dangerous occupation in the world, deep sea fishing being the first.

[1] It’s a single coherent international maritime labour standard for seafarers that entered into force on 20 august 2013.

[2] https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/presentation/wcms_230030.pdf

[3] Particularly means the master to the ship, his rules and obligations have to be adhered with.