The IMO/ILO Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident: A CMI Update

Abstract

In this paper, Gold addresses the increasing trend where seafarers appear to have become the scapegoats for maritime accidents, regardless of whether they are directly or indirectly involved or responsible. Gold argues that the difficulties faced by seafarers that may lead to unfair treatment subsequent to a maritime accident can be confined to three general areas:

• Criminal action is today frequently taken against seafarers involved in maritime accidents that have been beyond their control;
• In many States, regardless of whether seafarers who have been involved in a maritime accident are at fault or not, they are treated as criminals;
• Even in cases where the relevant seafarers have not been found at fault, they are nevertheless held under criminal law provisions as 'material witnesses'.

Gold argues that the central problem is administrative rather than legal. He proceeds to explore the IMO/ILO's responses and action in respect of this problem, as well as the actions of CMI. The IMO/ILO produced their Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident in 2006, which is explored here.

The paper also includes Gold's slides.