One year Code of Conduct on seafarers’ rights: Progress made, but there is still more to be done

One year Code of Conduct on seafarers’ rights: Progress made, but there is still more to be done
The Editorial Team September 12, 2022 https://safety4sea.com/one-year-code-of-conduct-on-seafarers-rights-prog...

In the following article, Francesca Fairbairn and Andrew Stephens, SSI make their assessment after one year of the Code of Conduct implementation, an initiative launched by the Sustainable Shipping Initiative (SSI), the Institute for Human Rights and Business (IHRB), and the Rafto Foundation with the aim to address seafarers’ rights and welfare.

In particular, in an article published on The Mission to Seafarers website, the authors remind that the Code of Conduct includes a self-assessment question­naire for shipowners, managers, and operators that cover the full spectrum of seafarers’ rights and welfare. These tools are not intended to be a one-time snapshot or expected to trigger over­ night change, but rather to provide a shared baseline for the industry and for individual companies to under­ stand and take action across the scope of their seafarers’ rights and welfare obligations.

Ultimately, we hope this work will increase accountability and enable demonstrable progress over time with the goal of securing lasting and positive change for seafarers.

The Code of Conduct is voluntary, and the accompanying self-assessment questionnaire for shipowners and operators is, at this stage, just that – a self assessment; one that is not exter­nally verified. For RightShip, however, which hosts the online Crew Welfare Self-Assessment Tool, it is just the beginning. For example, RightShip has begun carrying out trials where crew welfare is added as part of their on board ship assessment, and they are keen to work with partners to discover the best ways to implement this perma­nently.

As we come up to the first anniversary of the launch of the Code of Conduct, it is time to reflect on its uptake and adoption, to what extent it has delivered on seafarers’ rights, and what more needs to be done. The Delivering on Seafarers’ Rights initiative – which produced the Code of Conduct – was conceived as a journey, with all stake­ holders playing their part to ensure ef­fective implementation and, ultimately, meaningful improvement in seafarers’ rights.

As informed, SSI, IHRB and the Rafto Founda­tion are convening a roundtable in October 2022 in Singapore, hosted by Swire Shipping. It will bring together shipowners and operators, charterers, government, and, most importantly seafarers and their representatives, to discuss the overall performance of the Code of Conduct so far, and the uptake and aggregate data from the Crew Welfare Self-Assessment Tool.

In the meantime, it is reassuring to note that the latest agreed updates to the ILO Maritime Labour Convention (MLC) will include elements already covered by the Code of Conduct. The MLC is an international treaty to pro­tect the seafarers’ rights that came into force in 2006. It has now been ratified by more than 100 countries, represent­ing over 90% of the world’s fleet.

One of its provisions is a Special Tripartite Committee (STC) comprising gov­ernment, shipowners, and seafarers’ representatives (Seafarers’ Group), which meets periodically to keep the convention constantly reviewed and updated.

The latest meeting of the STC was held in Geneva in May 2022, with agreement on a number of changes including (among others):

The right to mandatory social connectivity for crews – including internet
Improved access to free drinking water, quality provisions, and balanced diets.
Clarification on responsibilities for governments to provide information to seafarers on mandatory systems of protection that must be put in place by recruitment and placement agencies.
Appropriately-sized personal protective equipment, in particular to suit the increasing number of women seafarers.
Further State facilitation of the prompt repatriation of abandoned seafarers.

More to be done

The STC also adopted several resolu­tions that will guide the future work of the committee, including further work on the eradication of sexual harass­ment at sea, the sustainability of the financial security provisions provided by P&I Clubs and insurers, and the ability of seafarers to enforce seafar­ers’ employment agreements against shipowners.

However, there were improvements proposed by the Seafarers’ Group that were not agreed upon – including proposed changes to the MLC’s terms on repatriation. The Seafarers’ Group demanded that shipowners’ responsi­bility to repatriate seafarers at the end of their contracts be extended to the point at which seafarers land at their home location but this was rejected by shipowners.

Beyond being ethically the right thing to do, wellbeing on board a ship is critical to ensuring a safe work and living environment for seafarers. Many issues need to be addressed and it’s difficult to prioritise. For many of us, staying connected to loved ones and having access to nutritious and varied food that meets our dietary needs and preferences are things which contribute to our overall wellbeing and that we take for granted – yet these are not always available to seafarers.

Working at sea should not require a seafarer to compromise on their labour and human rights. The industry needs to be more diligent about improving the way seafarers are respected and treated if it hopes to be an attractive career choice now and in the future.

For an industry like shipping that deals with so many complexities around jurisdiction and regulatory en­forcement, some basic entitlements still need to be met. Better enforcement of human and labour rights regulations, such as the MLC, is needed. At the same time, transparency and commu­nication around these rights can be a powerful tool to increase enforcement and wellbeing. Ensuring seafarers know their rights and, just as impor­tantly, know where to go if things go wrong can go a long way to improving wellbeing of those working at sea – a seafarer’s workplace and home.

Both SSI and IHRB look forward to continuing ongoing constructive engagement with all actors committed to strengthening the protection of, and respect for, human rights in the maritime industry, and will continue efforts to ensure that seafarers’ rights are protected and respected.