Unjustified detentions of seafarers on suspicion of committing crimes pose a significant threat to the prestige of the seafaring profession. The maritime industry should take urgent measures to guarantee seafarers their rights to fair treatment by law enforcement bodies in case of detention on suspicion of committing criminal offenses in foreign ports.
The MTWTU, together with the Ministry of Foreign Affairs of Ukraine and the Embassy of Ukraine to the United Kingdom of Great Britain and Northern Ireland, prepared and submitted a document with proposals for the prompt resolution of the criminalization issue to the Committee. The document was co-authored by Georgia, the International Federation of Shipmasters' Associations (IFSMA), the International Ship Managers' Association (InterManager), and the International Transport Workers' Federation (ITF).
MTWTU Chairman Oleg Grygoriuk emphasizes: "No seafarer should be criminalized just for doing their job." Seafarers have been arrested before all the facts have been clarified, including when illegal cargo, such as drugs, was found in sealed containers. The first victims of unjustified arrests are the ship's Masters, who are detained solely because of their highest position on the ship, regardless of their ability to influence the situation. The detention of seafarers who have informed law enforcement bodies about signs that their vessels are being used for illegal transportation may significantly limit the seafarers' ability to protect their rights.
To address this issue, the Marine Transport Workers' Trade Union of Ukraine (MTWTU) prepared and submitted to the IMO Legal Committee a document on the Fair treatment of seafarers detained on suspicion of committing crimes (LEG 110/4(c)/1).
The proposals of the MTWTU and the Ministry of Foreign Affairs of Ukraine were supported by speeches of delegates from 35 IMO member states, as well as representatives of non-governmental organizations that hold the status of consultative organizations in the IMO.
The IMO Legal Committee has set up a Working Group to draft Guidelines for the Fair treatment of seafarers detained on suspicion of committing maritime crimes, as well as to determine the information to be included in the new Database of detained ships and seafarers, as well as the procedure for its administration.
In the Working Group, the Union emphasized that the drafted Guidelines do not contain recommendations for seafarers to prevent involvement in illegal shipping, as well as a description of their rights and procedures in case of detention.
Following the review of the proposals submitted, the IMO Legal Committee established a Correspondence Group to proceed with the development and approval of the Guidelines, the draft of which is to be submitted for consideration and approval by the 111th session of the Legal Committee.
The MTWTU takes this opportunity to express its gratitude to the Embassy of Ukraine to the United Kingdom of Great Britain and Northern Ireland for its efforts to ensure the protection of seafarers' rights.
If you become aware of cases of unjustified arrests of seafarers on suspicion of committing crimes while working on ships, please provide relevant information to the email address claim@mtwtu.org.ua
