The rights of seafarers involved in investigations or detention have been the subject of discussions at the International Labour Organization (ILO) and the International Maritime Organization (IMO) for many decades.
The third meeting of the Joint ILO–IMO Tripartite Working Group to identify and address seafarers’ issues and the human element, which met in Geneva, Switzerland (26–28 November 2024) adopted Guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes. Following this adoption, the Guidelines will now be forwarded to the IMO Legal Committee at its next session (March 2025) for adoption, as well as to the ILO Governing Body.
The objective of these Guidelines is to ensure that the human rights and legitimate interests of seafarers involved in alleged crimes are recognized, that seafarers detained in connection with alleged crimes are treated fairly by public authorities, and that investigation or detention is for no longer than necessary, in accordance with the laws of the port or coastal States. The Guidelines contain guidance for port States, flag States, coastal States, States of which the seafarer is a national, shipowners and seafarers.
Other guidelines in relation to seafarers developed and adopted jointly by ILO and IMO include:
- Guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases (adopted in 2022/2023)
- Guidelines on fair treatment of seafarers in the event of a maritime accident (adopted in 2006)
- Guidelines on Shipowners' Responsibilities in Respect of Contractual Claims for Personal Injury to or Death of Seafarers (adopted in 2001). (See also the 2014 amendments to the ILO MLC Convention)
- Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers (adopted in 2001).