Fair Treatment Guidelines for Seafarers After an Accident

Getting into an accident on navigable waters can be a scary experience. Depending on where an accident takes place, if you are a seafarer involved in the accident, you may face detention in the hours and days following an accident. The guidelines for the fair treatment of seafarers is a document that was developed to ensure anyone held for questioning during an investigation is treated fairly and that the period of detention is as short as possible.

The guidelines, published by the International Maritime Organization in 2006, offer information for states, seafarers, and ship owners regarding the aftermath of the incident. Considered a “soft law” these generally accepted rules are not mandatory but are the prescribed method for treating seafarers fairly after an accident. You are defined as a seafarer if you work in any capacity on a vessel.

The following is an overview of the guidelines as they pertain to the welfare of seafarers after a maritime accident. Read the full text of the guidelines here.

The port or coastal state where an accident takes place has the responsibility to protect and advocate for seafarers under its care. The state is obligated to offer a fair and non-discriminatory investigation as well as provisions for detained seafarers during the time of investigation. It must follow all international conventions and regulations and ensure seafarers have access to interpretive services and legal counsel, if needed.

The state is required to cooperate with other parties involved in the accident – mainly the seafarer’s home state, ship owners, and seafarers. If the state, during the course of detention, caused damage to the vessel or other personal property, it is obligated to compensate the seafarer or ship owner accordingly. There are several other stipulations included in the guidelines to ensure any port or coastal state involved in a maritime accident acts in the best interest of seafarers.

A seafarer’s home state also has several responsibilities under the guidelines. It should cooperate fully with the state where the incident occurred and provide seafarers with access to representative organizations. It should also monitor a seafarer’s wellbeing both physically and mentally to ensure investigations are fair and non-discriminatory. The state should also fund repatriation after a detention, when appropriate, and make sure seafarers have access to consular officers.

The flag state, the country in which a ship is registered, is obligated to assist in the investigation as needed and cooperate with other involved parties. It is also responsible for ensuring ship owners treat seafarers fairly and assist in any investigation as necessary. Ultimately, the flag state’s responsibility is also to ensure fair and unbiased treatment of seafarers involved in a maritime accident.

Ship owners have a direct relationship and therefore a very strong obligation to protect the rights of their workers who have been involved in a maritime accident. They should take measures to ensure their seafarers are treated fairly and are not discriminated or retaliated against during the course of an investigation. They should take measures to expedite and assist the investigation when possible. They are also responsible for ensuring their seafarers have access to suitable living arrangements, medical care, food, and wages, as applicable.

Seafarers should understand their rights and responsibilities during a maritime investigation. They should ask for legal counsel and interpretation services when necessary and work to fully understand the port, coastal, or flag state laws and their rights to remain silent. They should also participate in any investigation as fully as possible.

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