ABSTRACT
Seafarers are essential to the global economy because they make sure that international trade and transportation run smoothly. However, because of the difficulties brought on by the particulars of their line of work, their wellbeing and human rights are frequently disregarded. In order to improve crew welfare, this article examines the current legal frameworks pertaining to seafarers’ rights, points out any inadequacies, and emphasises the necessity of legislative changes. Particular focus is placed on the 2006 Maritime Labour Convention and its practical constraints. There are also suggestions for bolstering regional and international legal frameworks to better protect the rights of seafarers.
According to recent reports, the COVID-19 epidemic, which left hundreds stranded at sea and exposed the shortcomings of existing rules, has made the serious human rights violations experienced by many seafarers much worse. The need for extensive legal reforms that take into account the various facets of crew welfare is examined in this abstract. It highlights how crucial it is to set up clear reporting procedures, enhance living and working circumstances, and guarantee access to social support and healthcare. Additionally, it supports a proactive strategy that encourages industry best practices and rewards compliance in addition to punishing infractions. The shipping industry can achieve its social obligation by concentrating on these changes, protecting the rights of seafarers and improving their general well-being—two things that are essential for operational effectiveness and safety in marine operations.
INTRODUCTION
A crucial and sometimes disregarded facet of the maritime sector is addressed in the issue of Human Rights and Crew Welfare: Legal Reforms for Seafarers’ Rights. Seafarers have particular difficulties that need for strong legislative protections and changes since they are vital to international trade and supply lines. Many still face serious problems with pay, working conditions, and general wellbeing even after the Maritime Labour Convention (MLC) was created to provide minimum rights and standards for seafarers. Because shipping is an international industry, sailors are often excluded from national labour regulations, which leaves them open to abuse. [1]Numerous cases of human rights violations, such as maritime abandonment, substandard living circumstances, and limited access to healthcare, have been brought to light in reports. Recent international events like the COVID-19 pandemic, which exposed structural flaws in the way current restrictions were enforced, have made these difficulties worse. A increasing number of people are calling for substantial legal reforms that will improve crew welfare in response to these urgent challenges. These changes have to concentrate on giving seafarers explicit rights, enhancing grievance procedures, and guaranteeing adherence to global labour norms. This introduction lays the groundwork for a more thorough examination of the legal frameworks that are required to uphold the rights of seafarers and advance their welfare, eventually fostering a more moral and sustainable maritime sector.[2]
IMPORTANCE OF CREW WELFARE
The physical and emotional well-being of seafarers is directly impacted by crew welfare, which is a crucial aspect of the maritime sector. Seafarers’ general well-being depends on working in safe and secure surroundings, which is ensured by high standards of crew welfare. Crew members are more likely to carry out their jobs safely and successfully when they have access to resources for mental health, healthcare, and decent living circumstances. Crew welfare neglect can result in more stress, exhaustion, and a greater chance of human mistake, which accounts for around 75% of marine liability losses. Thus, putting crew wellbeing first improves operational effectiveness and safety throughout marine operations in addition to benefiting individual seafarers.
Furthermore, investing in crew welfare has significant implications for retention rates and overall job satisfaction within the industry. Seafarers who experience positive working conditions are more likely to remain with their employers, reducing turnover costs associated with recruitment and training. Enhanced welfare programs—such as recreational facilities, communication access, and support for family connections—contribute to greater job satisfaction and mental health stability among crew members. As the industry faces increasing scrutiny regarding social responsibility and ethical practices, addressing crew welfare becomes essential for maintaining a sustainable workforce and meeting international standards set by frameworks like the Maritime Labour Convention (MLC). This focus on welfare not only aligns with regulatory requirements but also reflects a broader commitment to fostering a diverse and inclusive maritime workforce, [3]
INTERNATIONAL LEGAL FRAMEWORK
The International Maritime Organisation (IMO), a specialised body of the United Nations, facilitates a number of conventions and accords that form the main part of the International Legal Framework controlling maritime activities. In order to guarantee the safety, security, and environmental performance of international shipping, the IMO is essential to the development of a thorough regulatory framework. The International Convention for the Prevention of Pollution from Ships (MARPOL), which attempts to reduce pollution from marine activities, and the International Convention for the Safety of Life at Sea (SOLAS), which establishes essential safety criteria for vessels, are important treaties. These tools are intended to be widely accepted and used, fostering fair competition among ship operators while guaranteeing adherence to environmental and safety regulations.[4]
The United Nations Convention on the Law of the Sea (UNCLOS), which establishes rules for territorial seas, exclusive economic zones, and navigation rights, offers a legal framework for marine operations in addition to these accords. The International Ship and Port Facility Security (ISPS) Code, which improves maritime security in response to worldwide threats, is one of the protocols and codes that supplement this framework. By guaranteeing that maritime operations are carried out safely and sustainably, these legislative tools work together to promote international trade while simultaneously defending the rights and welfare of seafarers. These rules’ continuous development and application demonstrate a dedication to tackling today’s marine transportation issues while promoting international collaboration.[5]
The Maritime Labour Convention(MLC),2006
The International Labour Organisation (ILO) created the Maritime Labour Convention (MLC), 2006, as a comprehensive framework to guarantee equitable treatment and respectable working conditions for seafarers across the world. The MLC establishes basic international standards for the living and working circumstances of seafarers by combining more than 68 current maritime labour standards into a single, cohesive document. It consists of five volumes that address fundamental topics such the basic standards for seafarers to work aboard a ship, job conditions, lodging and recreational amenities, medical care and health protection, and compliance and enforcement procedures. In order to improve their wellbeing and shield them from exploitation, the Convention places a strong emphasis on the rights of seafarers, irrespective of their nationality or the flag of the ship they work on. A Maritime Labour Certificate and a Declaration of Maritime Labour Compliance, which attest to adherence to the MLC’s rules, are also required for ships flying the flags of ratifying nations. Inspections are part of this certification procedure to make sure ships fulfil the necessary requirements. In order to improve provisions for seafarers’ financial stability in the event of desertion and to address new challenges including bullying and harassment on board, amendments to the MLC have been proposed. The MLC, which offers a strong legislative framework that promotes seafarers’ welfare and encourages safe and humane working conditions throughout the worldwide shipping industry, is, all things considered, a major improvement in marine labour rights.[6]
United Nations Conventions and Human Rights Laws
To safeguard vulnerable groups, particularly seafarers, the UN has created a number of treaties that interact with human rights legislation. One of the most important of these is the Universal Declaration of Human Rights, which lists essential rights that every person has, such as the right to labour in a fair and comfortable environment. The right to fair and favourable working conditions, which include safe working conditions, fair remuneration, and the ability to organise a trade union, is another way that accords like the International Covenant on Economic, Social, and Cultural Rights uphold these ideals. To improve the rights of seafarers, this human rights legislation must be applied in the marine setting. The MLC especially addresses labour conditions at sea, which is a supplement to existing international human rights frameworks. Effective enforcement of these rules in many jurisdictions is still difficult, though. Inadequate working conditions, salary conflicts, and a lack of legal remedy when their rights are infringed are still problems that many seafarers deal with. The relationship between marine labour standards and international human rights legislation emphasises the need for ongoing advocacy and change to guarantee that seafarers receive respect and dignity in accordance with international human rights norms.[7]
Key Challenges to Seafarers’ Rights
Seafarers still confront several obstacles in regards to their rights and wellbeing, even with the progress achieved by treaties such as the MLC. One significant problem is enforcement; although there are international regulations, national laws and enforcement systems can cause significant differences in how they are implemented between nations. Seafarers aboard certain boats may not always get the safeguards provided by international law as a result of this discrepancy. Furthermore, a lot of flag states might not have the political will or financial means to properly enforce compliance.
The working circumstances at sea provide another urgent concern. Seafarers usually complain about lengthy workdays without enough breaks or pay, which exacerbates weariness and raises the possibility of mishaps. These difficulties are made worse by problems like limited access to onboard medical care and poor mental health assistance. Furthermore, many sailors have been left stranded at sea or unable to disembark because of port closures or travel restrictions during emergencies like the COVID-19 epidemic, exposing flaws in repatriation procedures. Governments, shipowners, and international organisations must work together to address these issues and guarantee that the rights of seafarers are respected in all maritime activities.[8]
ABONDONMENT OF CREW
In the maritime sector, crew member abandonment is a serious problem that frequently arises from shipowners’ financial bankruptcy or failing to uphold their contractual duties. Desperate circumstances, such as a lack of food, shelter, and medical attention, can cause serious psychological misery and financial devastation for seafarers who are left stranded in foreign ports. Stronger implementation of current laws, such as the marine Labour Convention (MLC), which requires that seafarers be returned at the conclusion of their contracts or in circumstances of desertion, has been demanded by the International Labour Organisation (ILO) and many marine unions. Many crew members are left open to abuse and desertion because enforcement is still uneven between jurisdictions.[9]
FATIGUE AND MENTAL HEALTH ISSUES
Seafarers frequently struggle with fatigue and mental health problems, which have a big influence on their wellbeing and productivity at work. Crew members experience significant levels of exhaustion as a result of long workdays, erratic sleep schedules, and the strain of being apart from family. Research shows that compared to the general population, seafarers have higher rates of anxiety, depression, and other mood disorders. These diseases are made worse by social isolation and subpar living conditions aboard ships. These problems were made worse by the COVID-19 epidemic, which made it clear that the marine industry urgently needs better mental health support services. Improving crew wellbeing requires addressing exhaustion through improved work-life balance, sufficient downtime, and mental health services.[10]
INEFFECTIVE IMPLEMENTATION OF LAWS
A major obstacle to defending the rights of seafarers is the inefficient application of legislation, even in the face of international agreements such as the Maritime Labour Convention (MLC). Many flag states lack the political will or resources needed to successfully enforce adherence to labour norms. Because of this discrepancy, sailors frequently face unfavourable working conditions, underpaid salaries, and limited access to healthcare. Furthermore, the absence of strong supervision procedures enables certain shipowners to take advantage of legal gaps, thus weakening the safeguards meant for crew members. To guarantee that seafarers’ rights are respected internationally, it is imperative that enforcement mechanisms be strengthened and that nations cooperate with one another.
Technology is essential for increasing crew welfare because it facilitates communication, keeps an eye on circumstances aboard, and makes mental health resources accessible. By allowing sailors to stay in regular contact with their families, innovations like satellite communication technologies help to lessen feelings of loneliness and homesickness. Digital platforms can also make it easier for marine workers to access information and mental health support services. Additionally, wearable technology may be used to track general health issues and tiredness levels, enabling prompt treatments when necessary. Effective use of technology by shipping businesses may foster a more encouraging atmosphere that takes into account the particular difficulties encountered by sailors.
A number of law changes are suggested in order to improve the welfare of sailors and better safeguard their rights. To guarantee conformity across all flag states, there should first be a determined effort to fortify enforcement mechanisms for current legislation such as the MLC. In order to protect seafarers from exploitation, it is also crucial to establish more precise procedures for handling situations of crew desertion. A healthy workplace may also be created by requiring crew members and management to participate in training courses on fatigue management and mental health awareness. Lastly, strengthening international collaboration between maritime countries would make it easier to exchange resources and best practices for raising crew wellbeing throughout the world.[11]
To sum up, resolving the many issues that seafarers encounter is essential to protecting their rights and well-being in the marine sector. Policymakers and business stakeholders alike must give issues like tiredness, desertion, poor law enforcement, and mental health issues immediate attention. The maritime industry can create a safer and more encouraging work environment for its employees by giving priority to legislative changes that strengthen safeguards for seafarers and utilising technology to better their working conditions. In the end, acknowledging the significance of crew wellbeing helps not only individual seafarers but also enhances the general effectiveness and security of marine operations around the globe.[12]
THE ROLE OF TECHNOLOGY IN ENHANCING WELFARE
Technology is becoming more widely acknowledged for its critical role in improving crew wellbeing in the marine sector, offering creative answers to the particular problems that seafarers encounter. Crew members may stay in touch with friends and family thanks to advanced communication equipment including dependable satellite internet and onboard Wi-Fi, which greatly lessens feelings of loneliness. Furthermore, telemedicine systems enable rapid access to medical specialists, guaranteeing that medical emergencies are immediately attended to, even when at sea. By tracking vital signs and identifying any health problems early, wearable health monitoring devices can improve general wellbeing. Shipping firms may foster a more encouraging workplace that puts their crew members’ physical and emotional well-being first by incorporating this technology into their everyday operations. A number of law reform ideas are crucial to further improving the rights and welfare of sailors. To guarantee compliance across all countries and shield seafarers from exploitation, it is imperative to strengthen enforcement mechanisms for current legislation, such as the Maritime Labour Convention (MLC). Establishing clear protocols for handling crew abandoning incidents is necessary to prevent both financial and psychological harm. A healthy workplace may also be created by requiring training courses on tiredness management and mental health awareness. Improving international collaboration between maritime countries would also make it easier to exchange resources and best practices for enhancing crew wellbeing throughout the world. In conclusion, the viability and effectiveness of the marine sector depend on addressing the welfare of seafarers through legislative changes and technical developments. The sector can greatly improve the standard of living for individuals who work at sea by utilising technology to boost operational safety, communication, and healthcare access. At the same time, putting strong legislative frameworks in place will guarantee that the rights of seafarers are respected uniformly throughout all marine activities. In addition to helping individual seafarers, putting these factors first improves the general safety and efficiency of international maritime operations and promotes a more ethical and compassionate sector.
RECOMMENDATIONS FOR LEGAL REFORMS
A number of significant legislative changes are suggested in order to improve the protection of the rights and welfare of seafarers. First, in order to guarantee that all flag states adhere to international norms for crew welfare, it is imperative that enforcement mechanisms for current regulations—particularly the Maritime Labour Convention (MLC)—be strengthened. This entails creating more precise rules for handling abandonment situations and making sure shipowners meet their responsibilities for salary payment and repatriation. Furthermore, the International Maritime Organisation (IMO) has suggested creating thorough rules for the equitable treatment of seafarers who are arrested on suspicion of maritime offences, stressing the value of due process and legal counsel. Additionally, improving international collaboration between maritime states will make it easier to share resources and best practices, which will eventually result in more equal legal systems that safeguard the rights of seafarers in all jurisdictions. Last but not least, putting in place open training and evaluation procedures helps advance equity and justice in career advancement, tackling problems like abuse and harassment and creating a more welcoming workplace at sea.
In 2021, MV Ever Given’s grounding in the Suez Canal caused severe psychological distress for her crew and interrupted international trade. The episode brought attention to the emotional strain that sailors endure during high-profile crises, even if the crew was not held directly responsible. The MV Angelic Power’s abandonment, for more than 20 months, the crew of the MV Angelic Power was marooned off the coast of India without pay or basic supplies. Legal snags postponed their repatriation and monetary recompense in spite of MLC rules.
CONCLUSION
In summary, the well-being of seafarers is a serious matter that needs immediate attention and coordinated efforts from all parties involved in the marine sector. Significant problems still persist, such as crew abandoning, exhaustion, mental health disorders, and the inefficient application of current legislation, even in the face of international frameworks like the Maritime Labour Convention (MLC) and several human rights laws. Resolving these issues is crucial for improving the general safety and effectiveness of marine operations as well as for defending the rights and welfare of seafarers. Technology integration presents intriguing ways to enhance crew condition monitoring, communication, and healthcare access, all of which contribute to a more encouraging work environment. It’s also critical to put strong legislative changes into place that improve enforcement, make abandonment case standards clear, and encourage equitable treatment at work. The maritime sector may establish a more responsible and compassionate framework that acknowledges the priceless contributions of seafarers by giving priority to these changes and utilising technology breakthroughs. In the end, funding crew wellbeing is crucial for maintaining the viability and resilience of international shipping operations in addition to being a moral need. Maintaining safe and effective marine commerce routes, which are essential to the global economy, requires a motivated and healthy crew. We can create a maritime industry that upholds human rights and promotes a culture of safety and wellbeing for all seafarers by adhering to these values.
[1] Elisabeth Mann Borgese (1918-2002),The Future of Ocean Governance and Capacity Development
[2] Crew Welfare at Right Ship, https://rightship.com/node/109, accessed on 02/12/2024
[3] Crew Welfare as a holistic approach: Key considerations,https://safety4sea.com/cm-crew-welfare-as-a-holistic-approach-key-considerations/, accessed on 03/09/2024
[4] The Maritime Labour Convention, 2006,https://www.lr.org/en/services/statutory-compliance/the-maritime-labour-convention-2006/, Accessed on 04/12/2024
[5] https://www.ilo.org/resource/basic-facts-maritime-labour-convention-2006, Accessed on 04/12/2024
[6] Maritime Labour Convention (MLC) 2006,https://www.skuld.com/topics/people/mlc-2006/insight-maritime-labour-convention-mlc-2006/, accessed on 03/012/2024
[7] https://www.ics-shipping.org/shipping-fact/ilo-mlc-frequently-asked-questions/, accessed on 03/12/2024
[8] B. Kahveci, “Flags of Convenience: Challenges to Seafarers’ Rights,” Maritime Studies Journal, 2021.
[9] International Maritime Organization, “Abandonment of Seafarers Database,” 2022.
[10] International Chamber of Shipping, Shipping and World Trade: Key Facts 2022.
[11] International Labour Organization, “Maritime Labour Convention, 2006.”
[12] International Transport Workers’ Federation, Mental Health and Seafarers, 2023.
