Resolution LEG.

3(91) adopted on 27 April 2006

ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT
 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT LEG 91/12

ANNEX 2

Resolution and guidelines on fair treatment of seafarers

in the event of a maritime accident as prepared by
the Joint IMO/ILO Ad Hoc Expert Working Group on Fair Treatment of Seafarers

Resolution LEG.3(91)
adopted on 27 April 2006

ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS

IN THE EVENT OF A MARITIME ACCIDENT

THE LEGAL COMMITTEE OF THE INTERNATIONAL MARITIME ORGANIZATION

AND THE GOVERNING BODY OF THE INTERNATIONAL LABOUR ORGANIZATION,

RECALLING resolution A.987(24) approved by the Assembly of IMO at its

twenty-fourth regular session and the ILO Governing Body at its 292nd session, by which the
IMO Assembly and the ILO Governing Body, inter alia, agreed to the adoption of Guidelines on
fair treatment of seafarers in the event of a maritime accident as a matter of priority and
authorized the IMO Legal Committee and the ILO Governing Body to promulgate the said
guidelines once finalized, by appropriate means;

HAVING considered the Guidelines as prepared by the Joint IMO/ILO Ad Hoc Expert
Working Group on Fair Treatment of Seafarers in the Event of a Maritime Accident;

REALIZING the need to keep the Guidelines under review;

RECALLING the Vienna Convention on Consular Relations, in particular, Article 36

concerning communication and contact with nationals;

NOTING MSC/MEPC.4/Circ.1 on Retention of original records/documents on board

ships dated 26 September 2005;

BEARING IN MIND the importance of the United Nations Convention on the Law of the
Sea, done at Montego Bay on 10 December 1982, in particular articles 97, 228, 230, 232 and 292,
and of the customary international law of the sea;

CONSIDERING that the Guidelines provide a code of best practice;

MINDFUL of the need to monitor the application and implementation of the Guidelines;
and

BEARING IN MIND FURTHER, the adoption of the ILO Maritime Labour Convention
on 23 February 2006; hereby,

1. ADOPT the Guidelines on fair treatment of seafarers in the event of a maritime accident
set out in the annex to the present resolution;

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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
LEG 91/12 IN THE EVENT OF A MARITIME ACCIDENT
ANNEX 2
Page 2

2. INVITE Member Governments to implement these Guidelines as from 1 July 2006;

3. INVITE ALSO Member Governments and non-governmental organizations in

consultative status with IMO and ILO to circulate the Guidelines as widely as possible in order to
ensure their widespread promulgation and implementation;

4. INVITE, where appropriate, Member Governments to consider amending their national

legislation to give full and complete effect to the Guidelines;

5. INVITE FURTHER Member Governments to take note of the principles contained in

these Guidelines when considering fair treatment of seafarers in other circumstances where
innocent seafarers might be detained; and

6. AGREE on the need to keep the Guidelines under review.

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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT LEG 91/12
ANNEX 2
Page 3

ANNEX

GUIDELINES ON FAIR TREATMENT OF SEAFARERS

IN THE EVENT OF A MARITIME ACCIDENT

I Introduction

1 It is recommended that these Guidelines be observed in all instances where seafarers may
be detained by public authorities in the event of a maritime accident.

2 Seafarers are recognized as a special category of worker and, given the global nature of
the shipping industry and the different jurisdictions that they may be brought into contact with,
need special protection, especially in relation to contacts with public authorities. The objective
of these Guidelines is to ensure that seafarers are treated fairly following a maritime accident and
during any investigation and detention by public authorities and that detention is for no longer
than necessary.

3 These Guidelines have been prepared in accordance with resolution A.987(24)∗ on

Guidelines on fair treatment of seafarers in the event of a maritime accident adopted
on 1 December 2005 by the Assembly of the International Maritime Organization. This
resolution is attached at annex to these Guidelines.

4 These Guidelines do not seek to interfere with any State’s domestic, criminal, or civil law
processes nor the full enjoyment of the basic rights of seafarers, including those provided by
international human rights instruments, and the seafarers’ right to humane treatment at all times.

5 Seafarers are entitled to protection against coercion and intimidation from any source
during or after any investigation into a maritime accident.

6 The investigation of a maritime accident should not prejudice the seafarer in terms of
repatriation, lodgings, subsistence, payment of wages and other benefits and medical care. These
should be provided at no cost to the seafarer by the shipowner, the detaining State or an
appropriate State.

7 These Guidelines do not apply to warships or naval auxiliaries.

II Definitions

8 For the purposes of these Guidelines,

“seafarer” means any person who is employed or engaged or works in any

capacity on board a ship;

“shipowner” means the owner of the ship or another organization or person, such
as the manager, agent or bareboat charterer, who has assumed the responsibility
for the operation of the ship from the owner and who, on assuming such
responsibility, has agreed to take over the duties and responsibilities of the
shipowner, regardless of whether any other organization or persons fulfil certain
of the duties or responsibilities on behalf of the shipowner;

∗
Not included in this document.
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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
LEG 91/12 IN THE EVENT OF A MARITIME ACCIDENT
ANNEX 2
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“maritime accident” means any unforeseen occurrence or physical event

connected to the navigation, operations, manoeuvring or handling of ships, or the
machinery, equipment, material, or cargo on board such ships which may result in
the detention of seafarers;

“investigation” means an investigation into a maritime accident;

“detention” means any restriction on the movement of seafarers by public

authorities, imposed as a result of a maritime accident, including preventing them
leaving the territory of a State other than the seafarer’s country of nationality or
residence.

III Guidelines for the port or coastal State

9 The port or coastal State should:

.1 take steps so that any investigation they conduct to determine the cause of a
maritime accident that occurs within their jurisdiction is conducted in a fair and
expeditious manner;

.2 co-operate and communicate with all substantially interested States, shipowners,

and seafarers, and take steps to provide seafarers’ representative organizations in
the port or coastal State with access to seafarers;

.3 take steps to ensure that adequate measures are taken to preserve human rights of
seafarers at all times, and the economic rights of detained seafarers;

.4 ensure that seafarers are treated in a manner which preserves their basic human
dignity at all times;

.5 take steps to ensure/verify that adequate provisions are in place to provide for the
subsistence of each detained seafarer including, as appropriate, wages, suitable
accommodation, food and medical care;

.6 ensure that due process protections are provided to all seafarers in a

non-discriminatory manner;

.7 ensure that seafarers are, where necessary, provided interpretation services, and
are advised of their right to independent legal advice, are provided access to
independent legal advice, 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;

.8 ensure that involved seafarers are informed of the basis on which the investigation
is being conducted (i.e., whether it is in accordance with the IMO Code for the
Investigation of Marine Casualties and Incidents (resolution A.849(20) as
amended by resolution A.884(21) or as subsequently amended), or pursuant to
other national legal procedures);

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 Resolution LEG.3(91) adopted on 27 April 2006
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IN THE EVENT OF A MARITIME ACCIDENT LEG 91/12
ANNEX 2
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.9 ensure that the obligations of the Vienna Convention on Consular Relations,

including those relating to access, are promptly fulfilled and that the State(s) of
the nationality of all seafarers concerned are notified of the status of such
seafarers as required, and also allow access to the seafarers by consular officers of
the flag State;

.10 ensure that all seafarers detained are provided with the means to communicate
privately with all of the following parties:

- family members;

- welfare organizations;

- the shipowner;

- trade unions;

- the Embassy or Consulate of the flag State and of their country of

residence or nationality; and

- legal representatives;

.11 use all available means to preserve evidence to minimize the continuing need for
the physical presence of any seafarer;

.12 ensure decisions taken pursuant to the Protocol of 1978 relating to the
International Convention for the Prevention of Pollution from Ships, 1973
(MARPOL 73/78) are consistent with the provisions of Annex 1 (Regulations for
the prevention of pollution by oil), Regulation 11;

.13 promptly conduct interviews with seafarers, when done for a coastal State
investigation following a maritime accident, taking into account their physical and
mental condition resulting from the accident;

.14 take steps to ensure that seafarers, once interviewed or otherwise not required for
a coastal State investigation following a maritime accident, are permitted to be
re-embarked or repatriated without undue delay;

.15 consider non-custodial alternatives to pre-trial detention (including detention as

witnesses), particularly where it is evident that the seafarer concerned is employed
in a regular shipping service to the detaining port or coastal State;

.16 promptly conclude its investigation and, if necessary, charge seafarers suspected
of criminal actions and ensure that due process protections are provided to all
seafarers subsequent to any such charge;

.17 have in place procedures so that any damage, harm or loss incurred by the
detained seafarer or by the shipowner, in relation to the detention of that particular
seafarer, attributable to the wrongful, unreasonable or unjustified acts or
omissions of the detaining port or coastal State are promptly and fully
compensated;

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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
LEG 91/12 IN THE EVENT OF A MARITIME ACCIDENT
ANNEX 2
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.18 insofar as national laws allow, ensure that a process is available for posting a
reasonable bond or other financial security to allow for release and repatriation of
the detained seafarer pending resolution of any investigatory or judicial process;

.19 take steps to ensure that any court hearing, when seafarers are detained, takes
place as expeditiously as possible;

.20 take steps to ensure decisions taken are consistent with generally applicable
provisions of the law of the sea;

.21 take steps to respect the generally accepted provisions of international maritime
law regarding the principle of exclusive flag State jurisdiction in matters of
collision or other incidents of navigation; and

.22 take steps to ensure that no discriminatory or retaliatory measures are taken
against seafarers because of their participation during investigations.

IV Guidelines for the flag State

10 The flag State should:

.1 take steps to ensure that any investigation to determine the cause of a maritime
accident is conducted in a fair and expeditious manner;

.2 co-operate and communicate with all substantially interested States, shipowners,

and seafarers, and take steps to provide seafarers’ representative organizations
with access to seafarers;

.3 where appropriate, participate directly, under the IMO Code for the Investigation
of Maritime Casualties and Incidents (IMO Assembly resolution A.849(20) as
amended by resolution A.884(21) and as may be subsequently amended), in any
casualty investigation;

.4 assist in ensuring that shipowners honour obligations to seafarers involved in a

maritime accident or any investigation;

.5 ensure/verify that adequate provisions are in place to provide for the subsistence
of each detained seafarer, including, as appropriate, wages, suitable
accommodation, food and medical care;

.6 ensure that shipowners honour obligations to co-operate in any flag, coastal or

port State investigation following a maritime accident;

.7 assist seafarers to secure fair treatment, and assist shipowners in the event of an
investigation by a port or coastal State;

.8 fund the repatriation of seafarers, where necessary, following the aftermath of a

maritime accident in instances where shipowners fail to fulfil their responsibility
to repatriate;

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 Resolution LEG.3(91) adopted on 27 April 2006
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IN THE EVENT OF A MARITIME ACCIDENT LEG 91/12
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.9 assist, as provided for in national law, in the issuance and service of process and
the return to a port or coastal State of seafarers subject to its jurisdiction who are
needed solely as witnesses in any proceeding following a maritime accident;

.10 take steps to ensure that its consular officers are permitted access to the involved
seafarers, irrespective of their nationality;

.11 take all necessary measures to ensure the fair treatment of seafarers who were
employed or engaged on a vessel flying its flag. This may ultimately include
utilizing international dispute resolution mechanisms, which can secure the
prompt release of vessels and crews upon the posting of a reasonable bond or
financial security; and

.12 take steps to ensure that no discriminatory or retaliatory measures are taken
against seafarers because of their participation during investigations.

V Guidelines for the seafarer State

11 The seafarer State should:

.1 co-operate and communicate with all substantially interested States, shipowners,

and seafarers, and take steps to provide seafarers’ representative organizations
with access to seafarers;

.2 monitor the physical and mental well-being and treatment of seafarers of their
nationality involved in a maritime accident, including any associated
investigations;

.3 fund the repatriation of their national seafarers, where necessary, following the
aftermath of a maritime accident in instances where shipowners and the flag State
fail to fulfil their responsibility to repatriate;

.4 assist, as provided for in national law, in the service of process and the return to a
port or coastal State of seafarers subject to its jurisdiction who are needed solely
as witnesses in any proceeding following a maritime accident;

.5 take steps to ensure that its consular officers are permitted access to the involved
seafarers;

.6 take steps to provide support and assistance, to facilitate the fair treatment of
nationals of the seafarer State and the expeditious handling of the investigation;

.7 take steps to ensure that all funds remitted by shipowners, the detaining State, or
any other State for detained seafarers, or for support of those seafarers’ families,
are delivered for the intended purposes; and

.8 take steps to ensure that no discriminatory or retaliatory measures are taken

against seafarers because of their participation during investigations.

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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
LEG 91/12 IN THE EVENT OF A MARITIME ACCIDENT
ANNEX 2
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VI Guidelines for shipowners

12 With regard to investigations, shipowners have an overriding duty to protect the rights of
the seafarers employed or engaged, including the right to avoid self-incrimination and to take
steps to ensure their fair treatment, and should:

.1 take all available measures to ensure that no discriminatory or retaliatory

measures are taken against seafarers because of their participation during
investigations and take steps to ensure that such conduct by other entities is not
tolerated;

.2 co-operate and communicate with all substantially interested States, other

shipowners, as appropriate, and seafarers, and take steps to provide seafarers’
representative organizations with access to seafarers;

.3 take action to expedite the efforts of a port, coastal, or flag State investigation;

.4 take steps to encourage seafarers and others under their employment, with due
regard to any applicable rights, to co-operate with any investigation;

.5 use all reasonable means to preserve evidence to minimize the continuing need for
the physical presence of any seafarer;

.6 fulfil their obligation in relation to the repatriation of, or take steps to re-embark,
the seafarers; and

.7 ensure/verify that adequate provisions are in place to provide for the subsistence
of each seafarer, including, as appropriate, wages, suitable accommodation, food
and medical care.

VII Guidelines for seafarers

13 Seafarers should:

.1 take steps to ensure, if necessary, that they have appropriate interpretation

services;

.2 take steps to ensure that they fully understand their right not to self-incriminate,
and that they fully understand that when statements are made to port, coastal or
flag State investigators, these may potentially be used in a future criminal
prosecution;

.3 take steps to ensure, if they consider it necessary, that they have arrangements for
access to legal advice prior to deciding whether to give statements to port, coastal
or flag State investigators; and

.4 participate in an investigation, to the extent possible, having regard to their right

not to self-incriminate, with port, coastal or flag State investigators, by providing
truthful information to the best of their knowledge and belief.

***
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 Resolution LEG.3(91) adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT