In virtual meeting on 27 November and 1-2 December, the Legal Committee reiterated concerns about the abandonment of seafarers, says an article published in BIMCO.
A very serious issue
This remains a very serious issue, despite the 2017 amendments to the International Labour Organization’s Maritime Labour Convention (MLC), 2006 relating to crew claims and abandonment.
The Committee urged member states to take all necessary action to reduce the number of abandonment cases, in particular those exacerbated by the COVID-19 pandemic.
It also decided that guidelines should be developed for flag and port state authorities on how to deal with seafarer abandonment cases.
Changes in Crew
The Committee was informed about the work of the Seafarer Crisis Action Team (SCAT) set up by the IMO Secretary General, Kitack Lim, in response to the crew change crisis resulting from the COVID-19 pandemic.
Major lines of effort
SCAT focuses on four major lines of effort, including individual cases, policy development, bilateral and multilateral engagement, and building awareness.
BIMCO took the opportunity to inform the Committee about the COVID-19 crew change clause for time charter parties published in June.
Maritime crimes
Fair treatment of seafarers detained on suspicion of committing maritime crimes was also discussed and the Legal Committee agreed this is an issue that needs to be addressed by the Committee.
Liability and Compensation Conventions
At its previous session, the Legal Committee agreed to develop a unified interpretation on the test for breaking the owner’s right to limit liability under the IMO limitation, liability and compensation conventions.
Work has been taking place to examine the intentions and objectives of the drafters of article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976) which has been adopted in subsequent IMO liability and compensation conventions
The Committee agreed to continue the work and establish a remote intersessional group which can meet virtually before the next session.
Legal Committee
This was the case for the regulatory scoping exercise and gap analysis of conventions emanating from the Legal Committee with respect to maritime autonomous surface ships, piracy, and facilitation of entry into force of the HNS convention which deals with the transport of hazardous and noxious substances.
Delegations were encouraged to submit updated papers for the next session of the Legal Committee which is planned for July 2021.
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Source: BIMCO
