We must denounce the mistreatment reserved for sailors and mainly for Shipmasters in the event of an illegal incident

By Michael Grey

Free translation and comments by Bertrand APPERRY with the help of Michael

Do seafarers have any human rights, in an era where worthy folk are always shouting about this supposed entitlement for those who live safely on land? You have to wonder, when you learn about some of the disgraceful treatment meted out by the authorities around the world to those who have aroused their attention. Time after time, one learns of shocking cases where, after drugs have been found aboard a ship, in the aftermath of a casualty, a pollution incident, or even cargo-related disputes, seafarers have been treated appallingly.

Many of these cases occur in places where you sort of expect them, in countries where the rule of law is less well developed, corruption is endemic and where no sensible person would willingly enter. But even in locations where you would think that they are more “civilised,” there is no shortage of reports to the effect that the treatment of seafarers is infinitely worse than that meted out to shore-side natives of that country. We publicise cases where they are most egregious, albeit with caution because there is invariably reluctance to go too far into the public domain, less the situation of an individual is prejudiced. Some defy rationality. But one cannot ignore, for instance, the plight of the master and chief officer of a coal carrier, detained for a year in Turkey, then given 30-year sentences for their “command responsibility” (in the absence of a shred of real evidence) after narcotics were found in the cargo, and properly reported.

It was described as “outrageous” by the ITF, which points out that there was no connection found between the drug stash and those aboard ship. InterManager points to the case of a Polish master, who reported drugs detected on board to the authorities on arrival in Mexico, and was then held for 592 days without charge, with the whole crew arrested and held for three months. The association of ship managers has been collecting data on cases of criminalisation and is asking other industry organizations to come forward with any cases of which they have information, so that through collation of data, a proper picture of this nasty phenomenon can be assembled.

InterManager has a sound record of data collection; witness the valuable work done on enclosed space tragedies and lifeboat accidents, so it would surely be an appropriate vehicle for a consolidated approach throughout the international industry. The organisation has already “collected” 118 cases and determined that the situation is getting worse, with records going back to 1989. And one gruesome fact they have already determined is that no less than 63% of these cases involves the imprisonment of masters – “command responsibility” being well established. It is a sensible strategy, if the records of organisations like IFSMA, the ITF, other national unions and professional organisations and welfare agencies, along with the fine work done by people such as Deirdre Fitzpatrick, can be collected to form a far better bank of data.

Then, InterManager suggests, they would be in a good position to take this information to the IMO and raise the matter formally. On the face of it, a consolidated approach might be more useful than individual organisations trying to draw attention to individual cases. No matter how awful, they tend to be a nine-day wonder, while the wretched individuals suffer, often for years, unrepresented in foreign countries, in terrible conditions and with failing health. There is a genuine case for the human rights of this essential workforce to be properly reinforced, with a guarantee of top legal defence made available at a reasonable cost. There is something seriously wrong when those in charge of ships are held responsible for something they have no possible way of influencing, as is the case with so many of these drug smuggling cases.

They can do everything according to the book, but it is the ship against the sheer corrosive power of the narcotic cartels, and the seafarers are but the indirect casualties. You might ask why they are forced go to these dreadful ports where the cartels hold sway, and where there is every chance that the ship will be selected as a conduit for their awful trade. What could the IMO do that will not take years of sweat by the Human Element Industry Group and other well-meaning agencies? One practical suggestion would be to require owners and charterers taking cargo to and from risky places (and we know where they are) to impose a hefty surcharge, to be hypothecated to the provision of genuinely independent anti-smuggling precautions, which would mean using protective agencies which would not be in any way at the mercy of the cartels and if necessary, access to the best defense lawyers.

It would also help if those places where justice has been so lacking are publicly identified, utilising the power of shame. And all of this goes way beyond drug smuggling, to proper post casualty behaviour by authorities, down to good old extortion and corruption – “Captain, you are in big trouble.” Human rights should not be denied to anyone, and especially to those who work afloat and more people should care about this serious omission.

The protection of the shipmaster in the event of the discovery of drugs on board, pollution or any other accident is a very difficult thing that masters know well. The latest IMO investigation into the application of the ISM code and, among other things, the protection of the shipmaster in the exercise of his duties concerning safety and pollution prevention, was mentioned. Could this protection not be extended to offences apparently attributed to the ship, such as the discovery of drugs in the cargo?

In the post-COVID era and hostages of the GALAXY LEADER among the HOUTIS, at a time when sailors, including officers, are rare, the profession would do well to worry about it quickly while our industry continues to grow by 8% per year with a proportional need for sailors! Apart USA and CANADA, to our knowledge few countries have provided for this protection of the sailor in their legislation while our merchant ships call everywhere over the world. … look at the error!