The Importance of Celebrating the Day of the Seafarer
Each year, the 25th of June is celebrated as the Day of the Seafarer (DoTS). Fourteen years ago, on this very day, major revisions were adopted to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and its Code in Manila, Philippines.
The International Maritime Organization (IMO) already recognised 2010 as the ‘Year of the Seafarer’. That same year, the global maritime community resolved to honour the unique contributions of seafarers worldwide by annually paying tribute and expressing deep appreciation and gratitude for their efforts. Today, the United Nations (UN) recognises the DoTS as an observance day.
Seafarers are the essential human element and stakeholders in the maritime sector. They have continued to play a critical role in sustaining international trade and continued supply chain management. Even during the COVID-19 crisis, their indispensable function earned them the designation of ‘key workers’ at the United Nations (UN) and the IMO.
The IMO has recognised the human element as a key element of the safety of life at sea and the protection of the marine environment due to their importance in developing and implementing requirements in this regard. The 2024 celebrations for DoTS focus on the theme “safety tips at sea” to generate awareness of the importance of seafarers’ contribution toward a safer workplace within the maritime sector.
Seafarers are a priority of the IMO
The interests of seafarers have been given utmost priority by the IMO, a UN-specialised agency that seeks to promote safe, secure, environmentally sound, efficient, and sustainable shipping through cooperation. There is consensus among the 176 IMO member states that “the safety of life at sea, maritime security, protection of the environment and world trade all depend on the competence and professionalism of the personnel employed or engaged in the maritime sector.”
Today, the international maritime sector stands at a turning point necessitated by concerns about climate change and the advancements in new and emerging technologies. The IMO’s six-year strategic plan for 2024-2029 has expressly recognised accounting for the needs and well-being of seafarers with importance to their fair treatment, inclusivity, equality, diversity and women’s empowerment.
Although maritime regulations, in general, impact the seafaring communities at large, there is a need to draw attention to their concerns and interests specifically.
Among the 08 Strategic Directions that drive the current IMO Strategic Plan, two Strategic Directions shed focused attention on seafarers.
Strategic Direction 5, which seeks to enhance global facilitation, supply chain resilience and security of international trade, expressly calls for “strengthening the care and recognition of seafarers and appreciation for the role of the maritime industry in facilitating international trade.”
Strategic Direction 6, which seeks to address the human element, promises a human-centred approach. This includes promoting fair treatment of seafarers, gender equality, and the empowerment of women and addressing seafarer abandonment, bullying, and harassment, including sexual assault and sexual harassment.
The IMO comprises the Assembly, the highest governing body, the Council, its executive organ, and five technical Committees. These are the Maritime Safety Committee, Marine Environment Protection Committee, Legal Committee and the Facilitation Committee. These committees are further supported by the work of the other subordinate committees and working groups.
While a wide range of niche maritime issues bearing different levels of impact on seafarers are deliberated at these committees, sub-committees and working groups, the specific focus on fair treatment of seafarers is addressed by the Legal Committee and maritime training matters by the Sub-Committee on Human Element, Training and Watchkeeping (HTW).
The worldwide population of seafarers serving on internationally trading merchant ships is estimated at 1.9 million, with the majority hailing from the Philippines, China, Indonesia and India. Despite the consensus among the IMO member states regarding the need to care, recognise and appreciate the seafarers, various contemporary issues continue to impact the seafarer well-being and protection.
Seafarer abandonment & repatriation
Cases of seafarer abandonment accompany uncertainty over the concerned seafarer’s repatriation and bear ramifications on the seafarers’ wages, health and sustenance. They take an unnecessary toll on the seafarers and their families despite their ongoing service.
The circumstances in which a seafarer is deemed to have been abandoned have been enlisted in the Maritime Labour Convention, 2006, (MLC) adopted under the auspices of the International Labour Organization (ILO). Standard A2.5.2, Paragraph 2 of the Maritime Labour Convention, 2006, states under:
“For the purposes of this Standard, a seafarer shall be deemed to have been abandoned where, in violation of the requirements of this Convention or the terms of the seafarers’ employment agreement, the shipowner:
(a) fails to cover the cost of the seafarer’s repatriation; or
(b) has left the seafarer without the necessary maintenance and support; or
(c) has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.”
In accordance with the provisions of the MLC, the flag State bears the obligation of ensuring an expeditious and effective financial security system, in the form of a social security scheme or insurance or national fund or other similar arrangements, to assist seafarers in the event of their abandonment. However, practical difficulties often arise on various accounts in the unfortunate event of seafarer abandonment.
While various cases have demonstrated challenges in tracing the shipowner, there is often little to no response or lack of timely response from the concerned flag State. Resolution A.930(22) recognized that, in cases where the shipowner fails to meet its obligations, the flag State, and in some cases the State of which the seafarer is a national or the port State, may be called upon to intervene.
The establishment of the IMO/ILO joint database of abandonment of seafarers was seen as a means to comprehensively monitor the problem of abandonment, and thereby enable expeditious and effective resolution of incidents of abandonment.
Despite the ongoing efforts to protect the rights and welfare of seafarers, the issue of abandonment at sea continues to be a major concern. According to recent reports, there have been 849 abandonment incidents recorded by the end of 2023. This alarming number highlights the practical challenges faced in repatriating abandoned seafarers, including the lack of replacement crew and financial support from P & I clubs.
In response to these challenges, the joint working group of the International Maritime Organization (IMO) and the International Labour Organization (ILO) has adopted guidelines to address the responsibilities of shipowners, provide financial security in case of abandonment, and outline procedures for port and flag State authorities in handling abandonment cases. Despite these efforts, the issue of abandonment at sea remains a pressing concern that requires continued attention and action.
Another significant issue impacting seafarers is their detention in foreign territories, often without adequate evidence or fair treatment. Seafarers may be detained on suspicion of committing crimes related to maritime accidents, pollution, or illegal activities on board. The joint working group of the IMO and ILO has adopted guidelines on the fair treatment of detained seafarers, emphasizing their right to protection against coercion and intimidation during investigations.
Furthermore, fraudulent recruitment and placement practices pose risks to seafarers’ safety and security, leading to exploitation and abandonment. India has submitted a proposal to the IMO Legal Committee to address these unlawful practices and ensure the protection of seafarers’ rights during recruitment and placement processes. Lack of timely information and communication further complicates efforts to address abandonment and exploitation cases, highlighting the need for improved coordination and cooperation among stakeholders.
Additionally, seafarers face ongoing threats to their safety and well-being due to contemporary maritime security concerns, including deliberate attacks on ships by extremist groups and regional conflicts. India has proposed addressing these security threats at the IMO Legal Committee, recognizing the dynamic nature of maritime security challenges in today’s geopolitical context.
In conclusion, the protection of seafarers and the enhancement of their welfare must remain a global priority for the maritime community. Despite the existing legal frameworks and guidelines, more proactive action is needed to address the complex issues impacting seafarers, including abandonment, detention, fraudulent recruitment, and maritime security threats. By working together and prioritizing the human element in maritime operations, we can ensure the safety and well-being of seafarers who play a vital role in global trade and commerce. The 2024 Day of the Seafarer (DoTS) celebrations serve as one global avenue to increase awareness of the same. This day is dedicated to recognizing the invaluable contribution of seafarers to the global economy and society as a whole. It is a day to honor their hard work, dedication, and sacrifices while at sea.
Seafarers play a crucial role in the maritime industry, ensuring the smooth transportation of goods across the world’s oceans. They face numerous challenges and risks while performing their duties, including long hours, isolation, and dangerous working conditions. The DoTS celebrations aim to shed light on these issues and advocate for better working conditions and support for seafarers.
This year’s celebrations will focus on raising awareness about mental health and well-being among seafarers. The pandemic has exacerbated existing challenges faced by seafarers, including extended contracts, limited shore leave, and lack of access to essential services. It is more important than ever to prioritize the mental health and well-being of seafarers and provide them with the support they need.
In addition to raising awareness, the DoTS celebrations will also highlight the importance of the maritime industry to the global economy. Shipping plays a vital role in international trade, facilitating the movement of goods and raw materials around the world. Without the dedication and hard work of seafarers, the global economy would come to a standstill.
As we celebrate the 2024 Day of the Seafarer, let us take a moment to appreciate the significant contributions of seafarers to our everyday lives. Their work often goes unnoticed, but it is essential for keeping the world connected and economies thriving. Let us show our gratitude and support for seafarers not just on this day but every day.
Remember, the maritime industry relies on the dedication and hard work of seafarers. Let us all do our part to ensure they receive the recognition and support they deserve. Happy Day of the Seafarer 2024! the title “The Benefits of Mindfulness in Everyday Life”
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