Threats and challenges

The threats and challenges of today’s world, globalisation, terrorism and the drive for profit, bring specific problems to seafarers.

Flags of convenience

Regulations of the International Maritime Organisation require all ships to fly the flag of the country in which they are registered. Countries of registration are referred to as “flag states”. Flag states are responsible for regulating areas such as the physical state of the ship; working conditions of the seafarers; and activities of ship owners.

Registering a ship in a country that is not the owner’s own is known as “flagging out”. The United Nations Convention on the Law of the Sea, Part VII, Section 1, Article 91, states that

There must exist a genuine link between the State and the ship.

However each country is also entitled to define what is meant by a “genuine link”. Certain small countries can profit by allowing foreign ships to register. Their flag regulations may be less than demanding. They may be unwilling or unable to enforce international maritime regulations on the ships which fly their flags. These flags have become known as “Flags of Convenience” or FOCs.

A Liberia flagged ship visits Immingham in England.

This statement from the ITF Flags of Convenience Campaign Report 1998/9 summarises the problems:

FOCs enable shipowners to minimise their operational costs by, inter alia, tax avoidance, transfer pricing, trade union avoidance, recruitment of non-domiciled seafarers and passport holders on very low wages, non-payment of welfare and social security contributions for their crews and avoidance of strictly applied safety and environmental standards.

Ship arrests

When a ship enters a port in any country, the Captain may be obliged to allow inspectors from the national maritime authority to come onboard. If the inspectors feel that the ship does not meet international health and safety regulations, they can put it under arrest. The ship may not leave the port until the situation is rectified. In these circumstances, unscrupulous owners, protected by anonymity, refuse to take responsibility and abandon their ships.

For the seafarers, abandonment in port is a disaster. Without money to pay the costs of returning home, they find themselves detained in countries where they have no rights to work or receive welfare benefits. They may have to rely on welfare organisations, such as AOS, for food and support, sometimes for months at a time. There are also cases of individual seafarers being abandoned in port because they are ill or have complained about conditions. Again, welfare organisations are their only source of support.

click here to read how AOS Great Britain supported the crew of a ship which had been detained

click here to read how AOS Seychelles assisted the crew of an abandoned ship

Security threats

In 2002, the International Maritime Organisation adopted new measures in response to global terrorism. The International Ship and Port Facility Security Code (ISPS Code) was developed with the intention of ensuring the security of ships and ports. It brought in stringent controls on movement in ports. In certain countries the Code has been over-rigidly applied resulting in seafarers being denied shore-leave, contrary to IMO guidelines.

For welfare organisations, the over-rigid application of the ISPS Code makes ship visiting more difficult. For seafarers who may not have come ashore for several weeks, it can seem like a prison sentence. A report by the influential International Commission on Shipping (ICONS) concluded that such denial of shore leave is demeaning to the seafaring profession and does nothing to reduce the risk of terrorism. The report observes:

There is a substantial logical inconsistency in preventing a mariner on a tanker, for example, from access to shore leave on security grounds whilst at the same time engaging in operations with highly dangerous cargo using the same personnel.

click here to read a seafarers' experience of the ISPS code

Safety at sea

Container ship M/S Repubblica di Genova capsized in the port of Antwerp in March 2007. Fortunately all 42 crew members and technicians escaped unhurt. The ecumenical chaplaincy team in the port were onhand to offer practical and emotional support. click here to see more pictures

Assisting those in distress at sea is an ancient tradition among seafarers. It is also an obligation under international law. The United Nations Law of the Sea stipulates that states must ensure that all ships flying their flags meet their obligations to those in distress. In addition, coastal states must provide search and rescue services and, if necessary, co-operate with neighbouring states to assist those in distress at sea

click here to read how AOS Poland cared for seafarers who were rescued at sea

The International Maritime Organisation provides the legal instruments to enforce these obligations. These instruments include the SOLAS (Safety of Life at Sea) Convention adopted in 1974 and the SAR (Search and Rescue) Convention adopted 1979.

The safety of undocumented migrants and refugees at sea is a matter of great concern. Poor and desperate migrants may attempt to cross the sea in inadequate boats and at great danger to themselves. Some manage to board merchant or fishing ships and travel as “stowaways”. In the event of shipwreck or disaster at sea, the rights of such people are not always respected.

In 2001 the United Nations passed resolution A.920(22) regarding the obligation to assist those in distress at sea. They requested the International Maritime Organisation to review the appropriate legal instruments and remove any ambiguity. The resulting amendments to SOLAS and SARS came into force in July 2006. Two statements encapsulate the ethical humanitarian principle of assisting those in distress at sea.

“This obligation to provide assistance applies regardless of nationality or status of such persons or the circumstances in which they are found”.
Amendments to SOLAS, chapter V

“In an age when ships’ captains are constantly asked to improve efficiency and cut costs, it remains vital that they continue to rescue those found in grave peril on the sea – whoever they are and whatever their reason for being there.”
Statement on IMO website

Click here to read more about the rescue of economic migrants in distress at sea

Stowaways

Stowaways are unofficial passengers who board ships illegally, usually without the knowledge of the crew. While hiding onboard, they may endure terrifying conditions without adequate food and water or access to sanitation. There are numerous instances of stowaways suffocating in containers. Discovery can provoke anger and hostility among the crew: the ship is their home and they may consider stowaways as intruders. In addition some crews have insufficient provisions for themselves and may be unable to feed their unexpected passengers.

There are further problems when the ship arrives at its destination port. If a stowaway is caught leaving the ship, the port state authorities may accuse the seafarers of trafficking illegal immigrants. This offence carries severe penalties in many countries. Conversely, port state authorities may refuse to allow stowaways to come ashore obliging ships to depart with them still onboard. There are disturbing stories of stowaways disappearing on the high seas, presumably thrown overboard.

Criminalisation of seafarers

Accidents can happen anywhere. At sea, the consequences can be disastrous: deaths of crew or passengers; loss of ships or cargo worth millions of dollars; or pollution of seas and coastlines. Sometimes accidents occur because seafarers fail to follow international safety procedures, perhaps under pressure to maximise profits. Equally, accidents can occur due to mistakes or unfortunate circumstances beyond anyone’s control.

Increasingly seafarers are being held personally responsible for accidents and arrested and imprisoned. In many cases, they are held by foreign jurisdictions where they have few connections, little knowledge of legal procedure and may not speak the local language.

In 2005 a Joint Working Group of the International Maritime Organisation and International Labour Organisation issued a resolution expressing serious concern for seafarers given the increasing use of criminal proceedings after a maritime accident. The Working Group calls for detention of seafarers to be as brief as possible and has issued guidelines for the agencies involved including port state authorities, flag states, the seafarers’ own states and ship owners.

click here to read how AOS USA supported a seafarer facing criminal charges

Piracy

Piracy is a reality in the twenty first century and very different from romantic myth. Seafarers are vulnerable to attacks by armed criminals. Recent high profile cases, such as the hijacking by Somali warlords of ships carrying food aid, have recalled the world’s attention to this age-old menace.

Click here to read this article in German on the AOS Germany website