Seafarers’ Rights International is a unique and independent centre dedicated to advancing seafarers’ interests through research, education and training in the law concerning seafarers.

In seafaring circles, 2013 was a milestone year with the entry into force of the ILO Maritime Labour Convention 2006 (MLC 2006), bringing legislation on to the statute books which promises enforceable minimum rights for seafarers in today’s modern shipping industry. There has been a lot of momentum around MLC 2006 and many stakeholders have been actively involved in selling the Convention’s positive message. Without doubt the achievement of MLC 2006 is a tribute to all those who worked to make it a reality.

However what is the end of one journey with the coming into force of the Convention, is just the start of a second journey to make it a reality in practice. The stage is now set for MLC 2006 to deliver its potential. Hopes are high and the industry is in the right place to make this important piece of legislation work for seafarers and their families, but a lot still needs to be done.

MLC 2006 will be a major part of the work of SRI in 2014, in the main seeking to ensure that seafarers’ rights under the Convention are delivered in practice. In some instances these rights shore up existing seafarers’ rights at the national level; in other instances they create a safety net on issues where there are gaps. On both counts, seafarers’ rights need to continue to be developed both at the international and the national levels until seafarers can have the same security and the same rights as land based workers.

Also seafarers must understand what MLC 2006 means to them and how it can improve their working lives. It is well known that seafarers face risks not just of the perils of the sea but also as a consequence of being migrant transnational workers largely unseen. When seen, it is often for the wrong reasons.

In late 2013, there was an unwelcome reminder of this when Galicia’s regional High Court delivered its judgement against the Master of the MV Prestige. The Master, Captain Apostolos Mangouras, was accused under the Spanish Criminal Code of offences against the environment. The court found him not guilty. But what caused consternation in the industry was that the Master was found guilty of disobedience and was given a nine month suspended prison sentence – a sentence that he is unlikely to serve because of his age. The saga for Captain Mangouras continues as it appears that the prosecuting authorities and the Master both intend to appeal.

The conviction of the Master followed the decision of the European Court of Human Rights in 2010 which decided that bail for the Master was properly set by the Spanish authorities at €3 million. This decision also was widely criticised. Both cases raise many interesting issues and are considered later in the Review. These issues and the wider subject of fair treatment of seafarers generally must remain firmly on the agenda of the industry at large until fair treatment of seafarers is no longer a lottery.

At the meeting of the IMO Assembly in November 2013, which is the UN body that currently has the subject on the agenda of its Legal Committee, only five countries that took the floor to make opening statements made reference to the fair treatment of seafarers. This was amongst thirteen out of fifty - eight countries only that made meaningful reference to seafarers in their opening statements.

Shipping, therefore, needs to continue to work to make the profession one that is attractive to future generations of seafarers. Examples of this are the visible support that seafarers can call on if in need. One such demonstration is access to lawyers who are knowledgeable on seafarers’ rights. SRI has developed a Charter in this regard which is described in more detail later in the Review. It is also the motivation behind the education and training work which SRI engages in, including, for example, the intern programmes that are referred to later in the Review.

The shipping industry is dynamic and fast moving. Therein lies both the opportunities and the risks. 2014 offers many challenges for the industry, and for its seafarers who are the frontline of the industry in action.

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Source: Seafarers Right