by Jason Zuidema and Phil Schifflin
The governing bodies of the International Maritime Organization (IMO) and International Labor Organization (ILO) approved the creation of a Joint ILO/IMO Tripartite Working Group (JTWG) to identify and address seafarers’ issues and the human element. The JTWG already has several issues on its worklist including: abandonment of seafarers, sexual assault/sexual harassment in the merchant marine, and criminalization of seafarers.
The JTWG met for the first time Dec 13-15, 2022 to review and approve guidelines on how to deal with seafarer abandonment issues, and ICMA had a delegation present at the meeting. After much discussion, deliberation and hard work the group did ultimately approve a set of guidelines that establishes best practices for key parties (shipowners, surety providers, flag states, port states and labor supplying states) to better respond to seafarer abandonment cases. These guidelines are recommended best practices, they are not mandatory.
ICMA’s contribution to the discussions was to suggest language for the guidelines to notify relevant local seafarers’ welfare organizations in the case of abandonment so that our membership could better assist in the provision of humanitarian assistance for the crews, as possible.
At the time of closing statements, ICMA expressed its support for the work to help solve the abandonment challenges: “
“We add our voice to those from governments, shipowners and seafarers this week to highlight that this issue needs urgent resolution. What has been most powerful for us is the focus not first on abandoned ships, but the abandoned seafarers, recognizing the significant impact abandonment has on the seafarers and their families.
As is noted in your introduction to the proposed guidelines, there have been more than 100 abandonments this year alone. For this reason, we are thankful that you have all made the effort to remain focused during these long days of discussion to come to agreement on guidelines that might expedite the resolution of these cases.”
– Paragraphs from the closing statement of ICMA, Dec. 15, 2022
During the meeting, ICMA delegation lead sat down to discuss the work of ICMA delegations both at the ILO and also the IMO. Listen to ICMA in Conversation here:
The next step for the proposed guidelines is forwarding to the International Maritime Organization’s (IMO) Legal Committee for review and consideration in March 2023. If the Legal Committee approves the proposed guidelines without change, they could be promulgated as joint ILO/IMO guidelines shortly thereafter. If however, the Legal Committee makes any substantive changes to the guidelines, they will have to be forwarded back to the ILO for review and consideration again. If this occurs, the promulgation of the guidelines will be delayed for at least a year, and could certainly be longer.
The next meeting of the Joint Tripartite Work Group is tentatively scheduled for late 2023 (likely Nov/Dec) and will most likely be looking at ways to better address Sexual Assault/Sexual Harassment issues in the merchant marine.
Members of ICMA are encouraged to contact ILO delegation head Phil Schifflin (cma@seamenschurch.org) should they have any questions about seafarers’ legal issues.