Criminalization of seafarers

SAHIL SHARMA Semester- IV BSc Nautical Science

Maharashtra Academy of Naval Education and Training, Pune (M.H), India
sahilsharma6367@gmail.com

Abstract
Criminalization is the term used when any Maritime crew faces Criminal Charges, due to an accident involving their vessel,
which may cause damage to the port or Territorial waters. The wrong belief that seafarers being the nearest to the
prosecuted site, they should be charged for the incident disregards to that Seafarers are the most valuable asset on Ship. The
conclusion of research papers is to understand that Criminalization has significantly affected the Maritime community,
resulting in a great loss of competent crew, and officers.
Keywords- Criminal charges, competent, maritime community, significantly, territorial waters, wrong belief.

1. Introduction seafarers had intentionally not taken an action against

Criminalization of seafarers refer to the criminal
charges faced by the seafarers due to an accident
involving their vessel or causing to port or territorial
waters. Generally, due to lack of knowledge on the part
of the authorities, the seafarers being the nearest to
the prosecuted site by the local laws of the country.
More importantly seafarers are a vulnerable group i.e.
a special category of a worker needed a special
protection, especially in relation to contact with public
authorities as a wrong belief taken in account before
meeting a seafarer. The problem of Criminalization
faced by the seafarers is a matter of concern which is
further discussed in the research papers.
2. Aim and Objectives
The aim of the thesis is to provide qualitative and
quantitative analysis of problems faced by the seafarers
by Criminalization.
The objective of the thesis are as follows-
I. To study the causes of Criminalization.
II. To provide quantitative listing of the impact
of Criminalization on seafarers
III. To study the investigation policies and actions
taken by the industry.
3. Causes of Criminalization
Most of the time when a charge is bought against a
seafarer, there is a wrong belief that it had an intension
to commit the offence. This is believed generally due to
lack of knowledge on the part of authorities, the
seafarers being the nearest to the prosecuted site are
charged by the local laws of the country. Even if there
is an operational failure, it is observed that the
the failure.
This involves a very long process which turns out to be
very tedious and ill effecting the mental and physical
health of the seafarers indulge in such charges.
Since, Seafarers are the most valuable and vulnerable
asset of the industry, criminalization is a great concern
of Maritime Industry.
Seafarers are described as the “special category” of
workers needing special protection. Such indiscrete
incident and act have created a doubt and fear in crew.
Some surveys indicates that:-
i. That nearly 24% of Masters have faced criminal
charges.
ii. With 50,000 trading internationally, and about
65,000 masters, that is 15,600 Masters.
iii. In addition, the survey states 8% of seafarers
have faced criminal charges.
iv. Estimations indicates that there are about
1,187,000 serving seafarers, so at 8% i.e. 94960
serving seafarers that have faced criminal
charges.
4. Impact on seafarers
The risk factor under which seafarers are found guilty
are pollution, scapegoating for a third party, incorrect
paperwork, leaving the vessel in poor condition,
injuring a person on board, infringement of cargo,
causing an incident of drug or alcohol, injuring a person
on the shore side, cargo loss, etc.
Here, the matter of concern is criminalization faced by
seafarers for an offence. They’re kept in detention
without recourse of fair justice and representation in
foreign court were they don’t have any access to legal
help. Due to language barrier, they’re are unable to
follow up the enquiry culture and procedure, and can’t
participate in the investigation.
Due to fear, numerous Seafarers went for voluntary
retirement, and some aren’t recommending the
profession to any person. Sometimes very less efforts
are taken by company, which is a shocking impact of
criminalization. Every company should take care that
their crew is treated fairly.
Pollution 85%
Scapegoating for a third person 51%
Incorrect paperwork 46%
Leaving the vessel and equipment in poor 44%
condition
Injuring a person on board 43%
Infringement of local laws 42%
Incident relating to narcotic drug or alcohol 29%
Injuring a person on shore side 23%
Cargo loss 16%
5. Guidelines for Seafarers
The guidelines issued by IMO (International Maritime
Organisation) against the criminalization in 2006 are as
follows-
i. Assuring seafarers fair investigation upon a
maritime accident that occurs within their
jurisdiction
ii. Cooperating and communicating with all
sustainably interested states, ship owners, and
seafarers
iii. Taking steps to provide seafarer’s
Representative organizations in the port or the
coastal states with access to seafarers
iv. Preserving the human rights of seafarers at all
times
v. Taking steps to ensure that adequate
provisions are in place to provide the
subsistence of each detained seafarer
including, as appropriate wages, suitable
accommodation, food, and medical care;
provided interpretation services
vi. Seafarer are advised of their right to
independent legal advice
vii. Seafarers are advised of their right not to
incriminate themselves and their right to
remain silent, and in the case of seafarers who
have been taken into custody, ensure that
independent legal advice is provided; ensure
that all seafarers are detained.
viii. Seafarer is provided with the means to
communicate privately with all listed parties
i.e. welfare organizations, the ship owner,
trade unions, the embassy or the consulate of
the flag state and of the country of their of
residence, and legal representatives
More legal compliance are mentioned under
Article 292 of the United Nation Convention on
the Law of the Sea:
PROMPT RELEASE OF VESSEL AND CREWS.
6. Case study
87 Indian seafarers were stuck and suffered hardships
on 5 ships that was detained by Indonesia for “legal
anchoring” in February 2019.
There were 20 seafarers on MV Win-Win which were
detained on February 17 th, 2019. 21 seafarers on MV
Afra Oak, on February 12th, 2019. 23 seafarers on MV
SG Pegasus on February 09th, 2019. 2 seafarers on MT
Bliss on February 08th, 2019 followed by 21 seafarers on
MT Agros, total 87 Indian seafarers were detained.
They were from pan Indian states. Their document
were ceased and were not allowed to return to India.
Indonesia claims the strait to be their territory on the
date which the above mentioned vessels were
arrested. There is a dispute over the said territorial
waters between Indonesia, Singapore, and Malaysia
which made the release if the ships more difficult.
On February 19th, the standard club, a specialist marine
ad energy insurer issued a web alert on ship detention
in the strait. It point out the industry advisory issued by
SSA and highlighted several cases where the ships
anchored in the water of island of Batam and near
Bintan were being detained by Indonesian authorities
as part of their effort to “Combat Smuggling”.
MT SG Pegasus dropped its anchor in the outer post of
Singapore on February 08th. It has to load the cargo and
sail out to Australia, which the vessel has been doing
from the past five years. On February 09, the
Indonesian navy took the control over the vessel
alleging it to be anchored in Indonesian waters. The
soldier escorted the ship to Batam port and after two
days, the navy boat circled the ship 6 times and
entered the ship.
They gave the reason that ship was anchored in
Indonesian water. According to the British Admiralty
chart, used for sailing, it was marked as international
waters. The Indonesian naval officers took that ship at
gunpoint and brought to Batam.
The seafarers in an interview revealed that there were names may not all be enumerated. The assistance is
five vessel that were let off after they “managed” the sincerely appreciated and gratefully acknowledged.
navy officer. It was told by one of the seafarer that it
Thank you
was asked by the navy to pay $250 to lower the
lifeboat.

The condition of the seafarers has vessel had been

degrading and the vessel was used as a floating prison.
9. Reference
 MANET professors.
The 3rd officer from Kerala on MT Bliss pleaded that he
 Critical analysis corner from
be allowed to go home as his father had passed away
www.legalserviceIndia.com
on April 009th. He also added that his wife was
 www.marineinsight.com
pregnant and the due date almost approached and his
 Surveys by Nautilus International
mother was also not unwell. He was denied to go
 Criminalization of seafarers by Capt. Brian
home.
Mathias
 www.safety4sea.com
 www.imo.org, the official website of
Rights available but denied by the government are as
International Maritime Organization.
follows:-

After studies, it was found that their are various

guidelines and rights issued by IMO 2006, UNCLOS act
27, 217, 226, 220, 223 and the European convention on
human right, International Transport workers
Federation (ITF).

i. Deprivation of contact to the family

ii. Denial of legal assistance
iii. Denial of proper medical facilities
iv. Denial of enough food and water
v. Denial to contact the home state
vi. Unethical ways of conducting the investigations

7. Conclusion
Since, the seafarers are the backbone of global freight
supply chain, in such criminalization cases they should
be treated fairly.

The countries must strictly follow the guidelines of fair

treatment of seafarers to improve the present
condition and to win back the trust of seafarers and
increase the willingness of them to join the profession
back.

Sometimes, due to any natural disaster or any act of

god seafarers cannot be held responsible without
knowing the actual incident or lack of knowledge of
that incident. Lack of legal procedure and guideline
should be followed during or before any investigation.
With this I conclude my research paper on the topic
“Criminalization of Seafarers".

8. Acknowledgment
The completion of this undertaking could not been
possible without assistance of so many people whose