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The COVID-19 pandemic has caused a global crisis that has significantly affected the Maritime sector, seriously disrupting the operation of ships and the work of some 2 million seafarers.
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The provisions of the Maritime Labour Convention in Light of the ongoing COVID-19 Pandemic
equipment”, have possibility to get prompt and adequate medical care on board, including free medical advice via radio or satellite and available 24 hours a day. Regulation 4.1, Paragraph 3, of the MLC, 2006, says that exceptional measures adopted by some port States for containing of COVID-19 pandemic cannot be a valid reason not to comply with international obligation to provide an access to the Member’s medical facilities on shore for seafarers on board ships in their territory who are in need of immediate medical care. Moreover, pursuant to the Article 28, Paragraph 2, WHO International Health Regulations (2015), vessels, due to public health reasons, should not be restricted from embarking or disembarking, discharging or loading operations, supplying with fuel, water, food and other. Also, it is very important that member States do everything possible to facilitate the delivery of essential medicines and personel protective equipment in line with the International Medical Guide for Ships (3rd edition), the guidance provided by the International Maritime Health Association, the International Chamber of Shipping and the World Health Organization, including those vessels that have previously visited ports in regions with a high spread of the virus, stated the Officers of the STC. It is advisable by MLC to seafarers and shipowners to refer to the “Operational considerations for managing COVID-19 cases/outbreak on board ships” of WHO with information and guidelines in case of outbreak.
In situation with COVID-19 pandemic the ability of shipping industry and seafarers to deliver vital goods including medical supplies plays a central role in responding and overcoming of this pandemic. Therefore, member States should ensure that the flow of essential goods, products and medicines are not disrupted by adopted measures against pandemic that impede safe movement of vessels and seafarers operating them. Persuant to the statement of the Officers of the STC, seafarers, who have completed their contracts, and those who have to join their ships after appropriate medical screening, should be exempted from any travel restrictions. For facilitating the transit, transfer and repatriation of seafarers each Member of the Seafarers' Identity Documents Convention (Revised), 2003, shall comply with requirements of Article 6, Paragraph 7 of mentioned above Convention. In case of joining a ship or transferring to another ship, passing in transit to join a ship in another country or for repatriation, each Member should give the permission to enter its territory for seafarers possessing a valid seafarers' identity document supplemented by a national travel passport. According to the Regulation 2.5 – Repatriation, of the MLC, 2006, all seafarers have a right for free repatriation to home, what should be guaranteed during pandemic, notwithstanding adopted measures to minimize the risk of contagion by competent authorities.
Due to the need to contain the current COVID-19 pandemic and consequent bans on crew changes or travel to and from ships, hundreds of thousands of seafarers were required to remain on board for periods beyond the default 11-month maximum service, as per Standard A2.4 Entitlement to leave, Paragraph 3 of the MLC, 2006. Fatigue and mental health of seafarers can deteriorate to such an extent that it will seriously endanger the health of seafarers and the safety of navigation. Therefore extending the service of seafarers on board for more than 11 months cannot be considered as a sustainable solution to the problem of crew changing. Governments are advised to limit the extension of contracts to the next port where a crew change is possible and if repatriation is not possible through the planned ports of call, consideration should be given to diverting the ship to a port where repatriation is possible. The maximum continuous period of shipboard service may be exceeded in situations with prevailing circumstances when it is not possible to perform the obligations arising out of the provisions of Standards A2.4 Entitlement to leave and A2.5.1 – Repatriation , of the MLC, 2006, for example when the ship is placed under quarantine. The extension of service on board beyond the default period should only be permitted on a case-by-case basis and in cases where it is strictly necessary to overcome an emergency caused by a pandemic.
In time of the COVID-19 pandemic, some Maritime administrations have considered reducing the minimum manning level as a possible solution to the difficulties associated with travel bans, border closures, and quarantine measures that prevent crew changes. However, the ILO office concluded that in the current situation, which has led to the extension of many seafarers' contracts, reducing the minimum manning level can only increase the fatigue of seafarers and thereby jeopardize the safe and efficient operation of ships. Therefore all administrations are obliged to comply with Standard A2.7 – Manning levels, Paragraphs 1 and 3, of the MLC, 2006, even during the COVID- 19 pandemic.
According to the Regulation I/9 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) and Regulation 1.2 – Medical certificate, of the MLC, 2006, the maximum validity of medical certificates is two years. But in prevailing circumstances due to coronavirus pandemic it can be materially impossible to renew a medical certificate, which was expired in course of voyage, within the maximum period of three months foreseen by mentioned above regulations. Therefore administrations, issuing medical
The Officers of STC appeal on Maritime administrations to be flexible and to find a pragmatic approach and special considerations in cases where ships connot be inspected or maintained due to affecting restrictions caused by pandemic.
Seafarers who have contracted COVID-19 should be entitled to paid sick leave or sickness benefits until they can work as a compensation for the suspension of earnings. Quarantine periods on board and on shore for seafarers, regardless of whether they have symptoms of illness, have been exposed to or are quarantined as a safety precaution – must be covered by the shipowner until the seafarers are considered to be duly repatriated in accordance with Title 4 - Health protection, medical care, welfare and social security protection, Regulation 4.2 - Shipowners’ liability, of the MLC, 2006. Shipowners shall be liable to defray the expense of medical care, including medical treatment, medicines and therapeutic appliances until the sick has recovered. Shipowners may be exempted from liability to defray all expenses if such liability is assumed by the public authorities, states Paragraph 6 of Standard A4.2. - Shipowners’ liability, MLC, 2006.
During the COVID-19 pandemic Maritime authorities should continue to comply with obligation stated in Regulation 2.4 - Entitlement to leave, Paragraph 2, of the MLC, 2006 , in spite of adopted measures to minimize the risk of contagion. Seafarers should be provided with access to port-based welfare services, observing the rules of quarantine measures, such as wearing of personal protective equipment. The isolation and social pressure caused by COVID-19 has an adverse effect on the mental and physical well-being of seafarers, which leads to stress. In current situation many of port-based welfare services were closed or curtailed as a response to pandemic. Therefore it is vital to provide a full support to seafarer welfare services in order to keep them able to except seafarers and provide them its services.
Flag States, port States and labour-supplying States, in case of abandonment related to the COVID-19 pandemic, should remain the compliance with Regulation 2.5 – Repatriation, of the MLC, 2006. Member States should make all necessary efforts to promptly resolve situations of abandonment and ensure that seafarers affected by this case are repatriated as soon as possible and receive payment of unpaid wages in accordance with the relevant provisions of the MLC, 2006. Due to financial difficulties, caused by pandemic restrictions, some shipowners are not able to support their fleet operations, increasing cases of abandonment. Therefore it is important to monitor and report about abandonment, as the best way to understand the impact and find necessary measures to support seafarers during COVID-19 crisis.
During such challenging times as the COVID-19 pandemic, shipping industry and seafarers have encountered with serious issues related to quarantine requirements, restrictions on border crossings with border closures, repatriation and crew changeovers, abandonment, renewals of certificates and licencing of seafarers, resupply and ship surveys. In this situation the Officers of STC of the MLC, 2006, urge the International Labour Office to raise awareness among flag State and port State authorities, Maritime administrations and other parties involved in shipping industry regarding their obligations stated in MLC, 2006. Shipping companies, governments and relevant national authorities are encouraged to heed MLC obligations and adhere to the applicable and flexible measures to support the rights of seafarers and to do everything to ensure that they can continue to provide their vital services to the world. Information note on maritime labour issues and coronavirus (COVID-19) within the framework of the obligations set out in the MLC, 2006, raise the following important points that need to be urgently addressed by Member States and all other relevant parties:
special considerations and exemptions from any travel restrictions for seafarers; facilitation of swift disembarkation and repatriation of crew members; facilitation the delivery of essential medical supplies, fuel, water, spare parts and provisions to ships; pragmatic approach and flexibility in extention and exception of seafarers’ duration of contracts specified in their employment agreements, validity of seafarers’ certificates and medical examination certificates; pragmatic approach, flexibiity and special consideration in case of difficulties in ship certification, vettings, inspections, maintenance and support; the importance of providing the access to welfare services and port State medical facilities for seafarers;
The parties involved must make every effort to comply with their obligations under the MLC, 2006, and non-compliance can only be justified if compliance is materially and objectively impossible due to the occurrence of an irresistible event. They should also ensure that the COVID-19 pandemic is not used as an excuse to breach the MLC, 2006.
