Seafarers’ Rights International

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Category: General

Published on Monday, 09 June 2014 05:42

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Seafarers’ rights is a complex area of law. It spans international and national laws, and it crosses law disciplines such as maritime, labour, human rights, criminal and environmental law. There can be conflicts of laws. There are unique challenges in the enforcement of laws for seafarers in what is a highly deregulated industry where there is functional separation of ownership, operation and regulation.

Shipping, of its nature, is transnational. At any one time, a number of different States may have some kind of interest in a particular ship, and the seafarers that work on that ship. The problems were aptly illustrated in a quote that appeared on the front page of The Independent newspaper which was published as the stricken tanker Sea Empress was spilling oil into the sea off Milford Haven in the United Kingdom in 1996:

“Built in Spain, owned by a Norwegian, registered in Cyprus, managed from Glasgow, chartered by the French, crewed by Russians, flying a Liberian flag, carrying an American cargo and pouring oil on to the Welsh coast. But who takes the blame?”

Seafarers’ Rights International (SRI) was formed to build and grow know-how around the subject of seafarers’ rights.

“Until now, there has been no established forum for research and the dissemination of ideas and information regarding employment law in the area of international maritime transport. SRI will fill this gap.” Deirdre Fitzpatrick, SRI’s Executive Director.

SRI works in three main areas:

Research

• Conducts legal research and analysis on subjects of importance for seafarers;
• Monitors legal developments that affect seafarers;
• Develops and coordinates international networks of researchers, research bodies and universities in the fields of seafarers’ rights, remedies and interests.

Education

• Provides education programmes on seafarers’ rights, remedies and interests;
• Publishes the results of research in order to stimulate debate on issues concerning seafarers’ rights, remedies and interests.

Training

• Develops and delivers legal training and consultancy programmes to meet the needs of stakeholders working for the benefit of seafarers.

Through its programme of research, education and training, SRI intends, inter alia, to:

• promote research, education and training in the legal rights and remedies applicable to seafarers for the purpose of improving the effective protection of seafarers and the safeguarding of their interests;
• increase interest among lawyers in seafarers’ rights and help them develop expertise across the range of maritime, labour and human rights laws;
• provide strategic legal support to contribute to political, industrial, campaigning and lobbying agendas towards the promotion, protection and enforcement of seafarers’ rights under a just system of laws;
• raise awareness on issues of seafarers’ laws, rights and remedies among policy makers, lobbyists, academics, legal practitioners and stakeholders generally in the maritime industry and beyond;
• establish seafarers’ rights as a standard subject for students of law;
• identify current issues in the maritime industry concerning seafarers that can be developed further into outreach projects with practical outcomes for seafarers and others working to assist seafarers; and
• produce publications such as online toolkits, guidelines for lawyers, checklists for seafarers and a dedicated database.

“When 2010 was first proposed as the ‘Year of the Seafarer’, I remarked upon the particular hazards that confront the 1.5 million seafarers in the world,” said IMO Secretary-General Efthimios Mitropoulos. “As well as the natural hazards of the sea and the elements, which they have to deal with as a matter of course, they also face, in our uncertain times, exceptional hazards, such as pirate attacks, unwarranted detention and abandonment.” He added: “The launch of Seafarers’ Rights International will undoubtedly help those seafarers that are caught up in such circumstances through no fault of their own, by providing a centre dedicated to advancing seafarers’ interests, through research, education and legal training concerning seafarers’ issues.”