By: Adam DiSimine, Junior Research Associate, PILPG-NL
In April 2021, Mohammed Aisha flew home to Syria after spending nearly four years aboard the MV Aman, a cargo ship stranded off the Egyptian coast. An Egyptian court had previously designated him as the ship’s chief officer and was legally required to remain onboard long after his crewmates had left. While stranded seafarers have long been an issue in the global shipping industry, the Covid-19 pandemic has exacerbated the problem. As a result, the United Nations Global Compact (UNGC), the Office of the High Commissioner for Human Rights (OHCHR), the International Labour Organization (ILO), and the International Maritime Organization (IMO) jointly launched the Human Rights Due Diligence Tool (HRDDT) in May 2021. This tool provides businesses with guidance on how to minimize violations resulting from the crew being stranded at sea. This article will look at the human rights issues facing stranded seafarers, the measures set forth in the Human Rights Due Diligence Tool, and the challenges that remain in providing fulsome protection.
Stranded Seafarers
Stranded seafarers are persons who work onboard ships and who are prevented from leaving their ship for a variety of reasons, including an inability to carry out regularly scheduled crew changes, travel bans, and issues with government approvals or authorizations. In the case of the MV Aman, Egyptian authorities had detained the ship due to expired safety authorizations. Once Egyptian authorities had designated Mr. Aisha as the ship’s chief officer, domestic law required he remains on the ship until it was sold or a replacement could be found. There are currently 200,000 stranded seafarers around the globe, with concerns that this number could rise to 400,000. This phenomenon implicates several human rights under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, including rights to physical and mental health, the right of freedom of movement, and the right to family life. In addition, many seafarers are forced to work beyond the maximum allowed 11-month period of service on board a ship, raising concerns about forced labor. The Covid-19 pandemic, which has complicated international travel and reduced opportunities to relieve seafarers from their duties, has worsened the circumstances that lead to these violations .
Human Rights Due Diligence Tool
The HRDDT is directed at private businesses and fits within existing frameworks providing for the protection of the rights of seafarers. These include the ILO Maritime Labour Convention (2006) and the United Nations Guiding Principles on Business and Human Rights (UNGPs). The purpose of the HRDDT is to provide a set of measures and mechanisms to help companies in the maritime sector uphold their human rights responsibilities related to crew changes during the Covid-19 pandemic. The checklist includes a number of measures intended to increase the protection of seafarers, including, but not limited to, (i) a reaffirmation of the 11-month maximum period of service, (ii) respect for the rights of seafarer repatriation, (iii) access to medical care onshore, (iv) flexibility vis-à-vis route changes to facilitate crew changes, and (v) the removal of “no crew change” clauses from agreements. In addition, the HRDDT refreshes the call for broader human rights due diligence process within the maritime transport industry. It is intended to complement the UNGPs which provide for robust guidelines urging private businesses to respect human rights. Together, these documents call on cargo owners, charterers, and logistic providers to mitigate human rights violations within their supply chain through rigorous human rights due diligence process. Each of these documents is intended to provide businesses with concrete steps to reduce the number of stranded seafarers.
Remaining Challenges
Ultimately, the struggles of stranded seafarers are a symptom of a larger challenge facing international human rights law. Instruments like the UNGPs and HRDDT are not binding but instead are helpful guidelines intended to promote good practices. These soft-law instruments only provide guidance to business enterprises and encourage socially responsible corporate behavior. As a result, challenges persist in changing the practices of shipping companies and in holding those who violate human rights in the context of business activities accountable. Companies are often the primary perpetrators of human rights violations, especially those related to labor rights. This accountability gap leaves employees, including stranded seafarers, vulnerable to exploitation and without legal recourse. ILO Director-General Guy Ryder noted states also have a significant role to play in ensuring the protection of the human rights of seafarers. These types of scenarios may reignite discussions for a binding international treaty directed at the protection of human rights in the context of business activities. Until then, the HRDDT will provide valuable guidance to governments to help benchmark business activities.
Conclusion
Stranded seafarers have become an increasingly common phenomenon during Covid-19 and will remain a human rights problem well after the pandemic is over. The HRDDT developed by the UNGC, the OHCHR, the ILO, and IMO provides valuable reaffirmations and guidance on best practices to ensure the protection of the human rights of seafarers during this difficult time. While larger systemic challenges remain at the intersection of business and human rights, this is a welcome tool for increasing compliance and addressing this truly global problem.