Seafarers Rights Under International Law

(International Law Mid Term Paper Essay)

Arranged by:
Damian Alexander Liong Kusnowo / 13502210006

Faculty Member:
Atur Tetty Lubis, S.H., M.B.A., LL.M

S1 International Business Law

Universitas Prasetiya Mulya
2023
Abstract

Seafarers "one whose life is spent voyaging the ocean," 1510s, from ocean +
specialist thing from admission (v.). The Anglo-Saxon lyra known by this title at slightest
since 1842 was untitled in unique MS. Related: Marine (c. 1200 as a descriptive
word). Combination between the word “sea” and “fare” which has a meaning of; The word
“fare’ comes from old English which stands for to go, to travel, be in a particular condition
etc., the word “sea” comes from Old English “sæ” which means sea, lake, pool, or anything
that contains water in big quantity.

Keywords: seafarers, sea, fare.

Introduction

Seafarers' rights beneath international law are planned to secure and advance the
welfare of people working on board ships. These rights are set up through different universal
rebellious and traditions, which diagram the commitments of states and shipowners to
guarantee conventional working and living conditions for seafarers. A few aspects of
seafarer’s rights under international law are focused on: International Maritime Organization,
Maritime Labour Convention, Wages and Payment, Health and Safety, Repatriation, Social
Security and Welfare.
Seafarers’ rights are established through various international traditions,
understandings, and measures. These rebellious point to ensure the rights, welfare, and
working conditions of seafarers all inclusive. A few key universal laws significant to
seafarers' rights such as: Maritime Labour Convention, International Convention on
Standards of Training, Certification, and Watchkeeping for Seafarers, International Labour
Organization, International Convention for the Safety of Life at Sea, International
Convention on Load Lines, International Convention on Civil Liability for Oil Pollution
Damage.

Discussion

A few aspects that needed to be fulfilled in seafarers’ rights according to international

jurisdictions regarding seafarer’s rights are:
1. International Maritime Organization (IMO): The IMO may be a specialized office of
the Joined together Countries mindful for the direction of worldwide shipping. It has
created a few traditions and codes that set guidelines for seafarers' working conditions
 and safety. The most significant of these conventions is the International Convention
on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW
Convention), which establishes minimum training, certification, and watchkeeping
standards for seafarers globally. The IMO works towards achieving this goal through
several key objectives: Safety of Navigation, Prevention and Response to Marine
Pollution, Legal Framework and Maritime Security, Technical Cooperation and
Capacity Building, Facilitation of Internal Trade, and Promoting Sustainable
Shipping.
2. Maritime Labour Convention (MLC): The MLC, espoused by the International
Labour Organization (ILO), is a comprehensive international treaty that sets out
seafarers' rights and working conditions. It covers a wide range of issues, including
minimum age, employment contracts, hours of work and rest, accommodation, food
and catering, health protection, welfare, and social security. The MLC applies to
almost all types of ships engaged in commercial activities. Here are some key aspects
of seafarers' rights under the Maritime Labour Convention: Minimum Age,
Employment Contracts, Working Hours and Rest Periods, Accommodation and
Recreational Facilities, Food and Catering, Health Protection and Medical Care,
Repatriation, Social Security, and Enforcement and Compliance.
3. Wages and Payment: Seafarers have the right to receive wages for their work on board
ships. International law requires shipowners to provide seafarers with regular and
punctual payment of their wages, without any unjustified deductions. Wages should
be paid in full and in the currency agreed upon in the employment contract.
4. Health and Safety: International law places a strong emphasis on seafarers' health and
safety. Shipowners are obliged to provide seafarers with a safe and secure working
environment, including proper training, protective equipment, and safety procedures.
Measures must be taken to prevent accidents, injuries, and occupational illnesses on
board ships.
5. Repatriation: Seafarers have the right to be repatriated to their home country at the
end of their employment contract. Shipowners are responsible for covering the cost of
repatriation, including transportation, accommodation, and necessary travel
documents.
6. Social Security and Welfare: International law recognizes seafarers' right to social
security protection. Shipowners are required to provide seafarers with access to social
security schemes, including medical care, sickness benefits, and pensions.
Additionally, seafarers should have access to welfare facilities and services on board
ships, such as recreational areas, communication facilities, and access to shore-based
amenities during port stays.
It's vital to note that national laws may supplement worldwide directions and give
encourage assurances for seafarers. Seafarers ought to be mindful of their rights and report
any infringement to significant specialists or seafarers' welfare organizations. Some key
international laws relevant to seafarers' rights include:
1. Maritime Labour Convention (MLC), 2006: The MLC could be a comprehensive
universal settlement received by the International Labour Organization (ILO). It
settles seafarers' rights & working conditions and applies to nearly all sorts of ships
locked in in commercial exercises. The MLC covers a wide extend of issues, counting
 least age, work contracts, working hours and rest periods, convenience, nourishment
and catering, wellbeing and security, repatriation, social security, and welfare. 
2. International Convention on Standards of Training, Certification, and Watchkeeping
for Seafarers (STCW), 1978, as amended: The STCW Convention, adopted by the
International Maritime Organization (IMO), establishes minimum training,
certification, and watchkeeping standards for seafarers globally. It ensures that
seafarers have the necessary skills and qualifications to perform their duties safely and
effectively. Some key aspects of the STCW Convention: Training and Certification
Requirements, Training Institutions and Programs, Watchkeeping Standards,
Continued Professional Development, Certification and Endorsement, Implementation
and Compliance. It advances a standardized approach to preparing and certification,
guaranteeing that seafarers have the fundamental aptitudes and information to explore
ships, work apparatus, and react to crises viably. 
3. International Labour Organization (ILO) Conventions: The ILO has developed several
conventions specifically addressing seafarers' rights, including the Seafarers' Identity
Documents Convention, 1958 (No. 108), the Wages, Hours of Work and Manning
(Sea) Convention, 1996 (No. 180), and the Repatriation of Seafarers Convention,
1987 (No. 166). These conventions cover issues such as identity documents, wages,
working hours, manning levels, and repatriation. some key ILO conventions regarding
seafarers' rights: Seafarers’ Identity Documents Convention, 1958 (No. 108),
Minimum Age (Sea) Convention, 1920 (No. 7), Wages, Hours of Work and Manning
(Sea) Convention, 1996 (No. 180), Repatriation of Seafarers Convention, 1987 (No.
166), Medical Examination of Young Persons (Sea) Convention, 1921 (No. 8). The
ILO traditions and suggestions with respect to seafarers' rights serve as imperative
universal measures and direction for governments, shipowners, and other partners
within the sea industry. They point to advance conventional work, reasonable
treatment, and the assurance of seafarers' rights in agreement with universally
recognized labour benchmarks. 
4. International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended:
SOLAS is a key IMO convention that sets minimum safety requirements for ships,
including those related to construction, equipment, operation, and crew training. It
includes provisions to ensure the safety and well-being of seafarers on board ships. A
few key aspects of the SOLAS Convention: Ship Design and Construction, Safety
Management Systems, Navigation and Operational Safety, Safety of Passenger Ships,
Safety Inspections and Certification, Emergency Preparedness and Response. SOLAS
is routinely overhauled and corrected to address rising security issues and join
innovative headways. It is generally connected and implemented by part states,
making it a basic instrument in improving the security of ships and ensuring lives at
ocean. 
5. International Convention on Load Lines (LL), 1966, as amended: The LL Convention,
adopted by the IMO, sets out minimum requirements for the stability and buoyancy of
ships, particularly in relation to their loading conditions. This convention aims to
protect seafarers by ensuring that ships are adequately designed and loaded to prevent
accidents and ensure their safety. The key aspects of the LL Convention: Load Line
Markings, Freeboard Requirement, Subdivision and Watertight Integrity, Stability and
Strength, Calculations and Verification, Amendments and Regulations. The LL
 Convention applies to most sorts of seagoing ships locked in in worldwide voyages. It
points to guarantee the security, soundness, and seaworthiness of ships, contributing
to the generally security of the oceanic industry. 
6. International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969, as
amended: The CLC establishes a liability and compensation regime for oil pollution
damage caused by oil tankers. It provides a framework for ensuring that seafarers
have access to compensation in the event of an oil spill and holds shipowners liable
for such damages. There are few key aspects that are needed in CLC: Liability of
Shipowners, Limitation of Liability, Mandatory Insurance, Claims and Compensation
Procedures, Supplementary Fund, Cooperative Approaches. The CLC and its
Supplementary Fund shape a comprehensive lawful system for tending to risk and
emolument for oil contamination harm caused by tankers. The tradition points to
supply a reasonable and effective framework for compensating those influenced by oil
spills, empowering mindful shipping hones and securing the marine environment. 

Conclusion

B
References
Introduction to IMO, Retrieved from https://www.imo.org/en/about/pages/default.aspx
International Labour Standards on Seafarers, Retrieved from
https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/
seafarers/lang--en/index.htm