Can a new amendment to the Convention on Facilitation of International Maritime Traffic change the state of shore leave infringement in Maritime law, reports Ship technology.
It is a grim situation that many seafarers are experiencing for the past decade, after the denial of shore leave – defined as the period during which sailors are allowed to leave a ship, docked at port – has become a major problem for foreign crews in the shipping industry.
Shore leave – at risk after 9/11
According to the 2017 Shore Leave Survey of US ports by the Seamen’s Church Institute, 23% of vessels had at least one seafarer denied shore leave last year.
The most hit seafarers are Filipino, Chinese, Burmese and Indian. The overwhelming majority of those rejected did not have the correct visa to enter US territory, a problem which occurs in ports in many other parts of the world.
Port is not home yet
After the ship pulls up at port, spending weeks at sea, staffs will be eager to escape the monotony of life on board. But with no visas and a port authority indifferent to their welfare they are refused entrance into the port cities.
For hours they wait inside the cramped ship space, until it pulls away for another few weeks at sea.
Respecting seafarer rights
The International Maritime Organization’s (IMO) Convention on Facilitation of International Maritime Traffic (FAL Convention) was designed to prevent this. Given the nature of a seafarer’s work, the code explicitly prohibited states from requiring crew to obtain visas for shore leave. The same right is also enshrined in the International Labour Organization (ILO) Conventions 185 and 108.
The introduction of the International Ship and Port Facility Security Code (ISPS) improved maritime security but proved particularly challenging for seafarers, with denial of shore leave becoming routine in ports around the world.
Penalty for breaking code
In one infamous case, the staff member of a tanker at port in the US was deported and given a ten-year ban after walking down the gangplank without the right papers.
Another familiar one was about a Russian seafarer, who was jailed and deported for using a public telephone, which was a short walk from his ship, because his visa had not been checked by the relevant authorities.
Do-not underestimate shore leave
The impact of denial of shore leave on a seafarer’s welfare should not be underestimated. Many spend long days at sea, away from their family and friends, and in a working environment that is monotonous and confined.
New amendment forbids discrimination
So, how can this situation of seafarers’ rights to shore leave be strengthened? In January, the IMO announced a series of amendments to the FAL Convention, forbidding discrimination against a seafarer’s right to shore leave “on grounds of nationality, race, colour, sex, religion, political opinion or social origin”.
Once implemented by next January, the amendment will also mandate the granting of shore leave to crew members “irrespective of the flag state of the ship”.
Not yet in the plate
Although Harris welcomes the amendment for “bringing attention” to an important issue, he also says, it is too early to tell whether it will have the desired effect.
The reason as he points out is that, “Seafarers are often too busy to get ashore or ships do not stay in port for long enough. In my experience it will depend on the port”.
All ports are not same
Haris says, “Some ports will abide by it but others will probably find ways around it. Governments may ratify these conventions and codes but it doesn’t mean they will be effectively implemented in the port. If the port is a public body, then the government has more sway, but if it is a private terminal then rules and regulations can be ignored without any real sanction against them.”
The legalistic framework of the IMO is also unlikely to tackle many of the practical issues preventing seafarers from being granted shore leave.
Seafarers busy at work
Many companies demand faster turnaround at ports and use smaller crews to meet increased freight rates. This means seafarers are often too busy to get ashore or ships do not stay in port for long enough.
Harris suggests that. “One way around this would be to have more crew on board but I don’t think ship owners would do that because of the cost involved. Another way is to get a bit more organised and have a rota that enables one or two crew to get off at each port of call.”
Relook the welfare model
Even when seafarers are granted shore leave, many find themselves unable to get to the dock gate for security or transport reasons, or unable to leave the port because of the distance and cost of travelling to nearby towns and cities. Over the past few years the model of seafarers’ welfare is trying to change and consider this growing issue at ports.
“Things used to be centred around the seafarer centre,” Harris says. “The crew could get off the ship and go to the centre and spend some time there.”
But with the shortage of time and the fact that centres are now placed away from newer ports, the model is to try and get welfare workers actually onto the ships.
This means if the seafarer can’t get off, then at least they can get some sim cards, mobile Wi-Fi, newspapers and toiletries from welfare workers coming on board.
Ship owners – consider seafarers
Given the challenges of implementing legislation, perhaps the most important thing to change moving forward is how the industry views and values seafarers. While there are ship owners who are increasingly concerned about the welfare of crews, when it comes to ports, Harris says a lot of work still needs to be done.
“I think port owners and port authorities need to do more to ensure that seafarers are thought about, valued, and seen as a key part of the port,” he says.
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Source: Ship Technology
