Mr Harsh B Buch –
Forming the backbone of international maritime trade, seafarers often face harsh working conditions, exploitation, and violations of even their basic rights. Seafarer rights have garnered attention in recent decades leading to the development of comprehensive international legal frameworks. Yet challenges persist due to the global nature of the industry, the complexity of jurisdiction, and varying levels of enforcement.
One of the most important international treaties for seafarer rights is the Maritime Labour Convention (MLC). Often called the “Seafarers’ Bill of Rights”, it mandates for seafarers’ standard working & living conditions on board ships. Standards such as Minimum Age and Basic Medical Fitness, Distinct Employment Agreements, Minimum non-negotiable wages and Hours of Work and Constant provision of Healthcare and Safety. As of 2024, over 100 countries forming almost 90% of International Shipping Tonnage have ratified the MLC, making it one of the most significant legal protections.
Despite the robust framework seafarers face several challenges in enforcement and some, even in awareness. One of the leading challenges faced is non-payment of wages and abandonment. Since The Flag of Convenience system allows shipowners to register their vessels in countries of choice, shipowners tend to seek jurisdictions with lax regulations, lower labor standards, and legal enforcement instability. Some countries are notorious for providing minimal supervision, oversight and allowing shipowners to skip proper implementation of international labor laws resulting in poor working conditions for international seafarers with inadequate wages, substandard living quarters, and compromised safety standards.
This issue has become a growing concern, particularly during the COVID-19 pandemic, when many shipowners faced financial difficulties. In response, the ILO and IMO established the Seafarer Abandonment Database tracing abandonment cases internationally. However, due to enforcement as a challenge seafarers continue to face abandonment, particularly in countries with weak maritime governance.
Organisations such as the International Transport Workers’ Federation (ITF) play a crucial role in advocating for the rights of seafarers. It is paramount, regardless of what rank a seafarer is, if has faced abandonement must report the abandonement to this IMO Database at marit@ilo.org. ITF provides resources, support, and legal aid to those facing exploitation or abuse across the globe.
Several Nations’ Courts and the International Tribunal have taken cognizance of the issue relating to seafarer rights and its proper implementation. In a landmark International Tribunal for the Law of the Sea verdict relating to Seafarers’ safety and rights during maritime disputes. ITLOS ruled that the crew’s detention without proper due process violated their rights and highlighted the seafarers’ right to be treated with fairness, irrespective of ongoing state disputes.
The ruling acknowledged that seafarers should not be subject to unsafe conditions or legal detainment without proper procedures being followed. It affirmed their right to liberty and protection under international maritime law, providing a legal basis for future cases where crew members might be caught in state disputes. Courts in India have recognised not just Indian but also foreign nationals having rights to arrest vessels and seek repatriation to their home countries at the cost and consequences of the vessel itself regardless of the owners disposition. In a landmark case, the Supreme Court of India directed the Union of India to ensure proper implementation and enforcement of MLC and other safety requirements for all vessels calling Indian Shores. This iterates that seafarer rights are of pivotal and ultimate importance.
A seafarer aboard an abandoned vessel with unpaid wages can contact the flag state or nearest port state authorities and seek support from unions and welfare organisations. It’s important to document all relevant information, and if necessary, seek legal aid to recover wages and secure safe repatriation under the MLC that mandates all ships flying the flag of a ratifying country must have financial security in place to cover the costs of repatriation and outstanding wages in case of abandonment of crew regardless of nationality. Keeping a copy of the Know Your Rights MLC Manual hands is always advised. Most Maritime jurisdictions require aggrieved parties to stake a formal legal claim in the respective admiralty courts. Trade Federations and Welfare organisations can assist in legal representation and consultation.
Awareness of rights is crucial for seafarers as it empowers them to protect themselves against exploitation, ensures their safety, provides access to legal recourse, and enables advocacy for better working conditions. Given the volatality of the industry, any adverse effect faced by any stakeholder necessarily and directly affects seafarers.
Marex Media