A Committee of Experts from the United Nation’s
International Labour Organization became the latest global organization to add
its voice to the urgent need to address the issues of seafarers’ welfare
created by the restrictions related to the pandemic. The committee expressed
its “deep concern” saying that member states need to honor the Maritime Labour
Convention and act immediately.
In a six-page opinion issued by the committee, they said that
member states needed to follow the provisions of the MLC especially as it
related to medical care and reparation. The called for action by member states
and cooperation as well as inspections to ensure that the issues are being
addressed.
The finding follows submissions made by the International
Transport Workers’ Federation (ITF) and of the International Chamber of
Shipping (ICS). The committee reported that it had reviewed the information
from the labor organizations as well as replies from a broad range of
governments that have adopted the MLC and hundreds of individual seafarers’
complaints sent to the committee.
The ILO committee also said that it welcomed the resolutions
recently adopted by the UN General Assembly, the ILO Governing Body, and the IMO
urging member states to designate seafarers as key workers and make
accommodations to facilitate the safe and unhindered movement of seafarers.
They cited access to shore-based medical treatment, movement for embarkation,
disembarkation, and shore leave. They encouraged states that have not already
done so to proceed without delay to “restore the respect of their rights as
provided for in the MLC.”
The committee also stressed that the notion of force majeure
may no longer be invoked from the moment that options are available to comply
with the provisions of the MLC.
The ITF and ICS responded with a prepared statement calling
the committee’s observation “a landmark ruling” that they believed “sent a
strong message to governments.” The labor organizations called it the first
ruling of its kind saying that governments have failed to protect the minimum
standards defined in the MLC.
“This ruling makes clear that all governments have to follow
international law and urgently recognize seafarers as key workers with
practical effect,” said ITF General Secretary Stephen Cotton and ICS Secretary
General Guy Platten in their joint statement. “We welcome the intervention from
the ILO Committee of Experts in spelling out how governments have failed in
their obligations. The Committee is unequivocal in its critique of the lack of
required cooperation by governments. It criticizes states for allowing the
situation to persist for so long.”
The labor organizations said that governments have been
asked for months to address the crew change crisis, and now they have been told
that they must act to help the hundreds of thousands of seafarers still
on-board ships. They thanked the committee for its clarity and also outlining
the steps that must be taken.
The opinion lays out 10 points that the committee says
member states that have not done so need to adopt. This includes consent from
seafarers for contract extensions, prohibiting forgoing minimum annual leave
with pay provisions, and ensuring shore leave for their health and well-being.
They also include ensuring that the seafarers are not paying fees for
reparation or required quarantine as well as safe operations and measures to
protect the health of seafarers. The committee notes the challenges to conduct
inspections but requests that member states take steps to ensure the steps are
taken and followed.