Lisbeth Laurie (Chairperson), Brian McNamara (Co-Chair), Kristina Siig (Co-Chair), Capt. Kuba Szymanski, Eric R. Dawicki, Carol Keeling, Javier Franco, Hannah Dawicki (Facilitator)
I. Introduction
Professional mariners, be they officers and crew on merchant vessels or fishers, hold inalienable rights to dignified treatment1 and due process2 in criminal investigations.3
Recent cases, however, show much work remains in this area and that those rights remain elusive to many seafarers Noting that seafarers are the foundation of an industry supporting over 80% of international trade,4 they should not have to assume the risk of injustice as a condition of employment.5 The need for immediate reform is heightened by the surge in global transshipment and enforcement activities amid rising geopolitical tensions.
The Center for Ocean Policy & Economics (“The COPE”)6 acknowledges and applauds the important work already underway to center the mariner in international maritime law and policy.7 We believe the rights to dignity and due process flow naturally from the human condition and should not change depending on where an investigation occurs. A bold, comprehensive, and global treaty on seafarer rights, building upon and supplementing existing efforts, will ensure uniform and fair treatment of the most vulnerable members of our industry. We therefore propose a treaty to codify:
1 “All human beings are born free and equal in dignity and human rights.” U.N. Declaration of Human Rights, available at https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf
2 Due Process is the “[t]he conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.” Bryan Garner (ed.), Black’s Law Dictionary (12th ed. 2024).
3 Seafarers may face many kinds of investigations, including marine casualty, drug trafficking, and environmental crimes inquiries. They are uniquely vulnerable to human rights abuses in these investigations, especially when their interests differ from their employer’s interests or when they face legal process in an unfamiliar nation-state. See, e.g., International Transport Workers’ Federation, Criminalisation, https://www.itfseafarers.org/en/resources/criminalisation.
4 “The international shipping industry is responsible for the carriage of around 90% of world trade.” International Chamber of Shipping, Shipping and World Trade: World Seaborne Trade, https://www.ics-shipping.org/shippingfact/shipping-and-world-trade-world-seaborne-trade/
5 Due to the mobile nature of their work and the lack of power they hold vis a vis their employers, we believe seafarers are more likely than their peers in other professions to be arrested or detained (1) in connection with suspected wrongdoing of their employer or third-parties such as transnational criminal organizations (TCOs), (2) in a foreign nation with unfamiliar legal procedures, (3) with inadequate or no legal representation, (4) with little to no financial support during the arrest or detention, (5) without due process, and (6) with no means to maintain social and familial connection essential to human dignity.
6 Specifically, The COPE Working Group on Peace and Justice: The Unjustified Criminalization of Seafarers. See The COPE, https://thecope.org/working-groups/peace-and-justice/
7 This work includes the existing Maritime Labor Convention, 2006, as amended, available at https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:91:0::NO::P91_ILO_CODE:C186, and ongoing work at the International Maritime Organization (“IMO”), www.imo.org, and the IMO’s Legal Committee, https://www.imo.org/en/MediaCentre/MeetingSummaries/Pages/LEG-Default.aspx, related to abandonment of seafarers and their rights during investigations. See also Appendix C, below.
• Foundational due process rights of seafarers during all investigations,8
• Foundational practices supporting human dignity and social connection for seafarers under investigation, and
• A fund, and a coordinate funding mechanism, to train and support legal counsel to help seafarers understand and enforce their rights.
II. Executive Summary
The global maritime industry underpins 80% of international trade.9 Seafarers are the foundation of this industry, yet they continue to endure injustice and the risk of mistreatment when the vessels on which they serve are suspected of harboring criminal activity. This document examines the issues related to the unjust criminalization and undue detention of seafarers, discusses its impact on their human rights, and proposes a treaty to ensure fair treatment and the protection of their well-being.
Seafarers are more likely than their peers in other professions to be arrested or detained (1) in connection with suspected wrongdoing of their employer or third-parties such as transnational criminal organizations (TCOs), (2) in a foreign nation with unfamiliar legal procedures, (3) with inadequate or no legal representation, (4) with little to no financial support during arrest or detention, (5) without due process, and (6) with no means to maintain social and familial connection essential to human dignity. In many cases, seafarers face arrests and legal proceedings or administrative measures that lack basic legal and procedural guarantees violating their fundamental rights.
Additional circumstances also contribute to the criminalization or undue detention of seafarers. For example, the ship may be sent to areas where it is illegal to operate, the vessel may lack legal documentation or may have departed without the necessary paperwork. Furthermore, incidents such as maritime accidents or vessel designs may cause the vessel to trade in breach of the rules of safe operation, leading to seafarers being arrested and/or detained without themselves being implicit in the act.
This, often unjust, treatment of seafarers not only creates tremendous personal and professional hardship for the seafarers; it has the potential to disincentivize the workforce from joining the maritime profession To remedy these violations, a multilateral treaty must be advanced by international organizations, with enforcement mechanisms and seafarercentered accountability structures.
The cost of inaction is too high. Without such a treaty, the maritime industry will face the following problems:
8 This includes the presumption of innocence during criminal investigations. See United Nations, Universal Declaration of Human Rights, Art. 11, available at https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf (last accessed May 2, 2025).
9 The number is an estimate. https://www.statista.com/topics/1728/ocean-shipping/
• Loss of Seafarer Workforce: Without guarantees of dignity and due process, the risk of a career at sea will cause current seafarers to leave the industry for safer professions and will serve as a barrier for vital entry-level workers.
• Reputational Risk: The current situation creates reputational risks for maritime companies and individual mariners. Vessel owners and operators face significant brand damage should one of their seafarers be detained unreasonably or treated inhumanely in foreign ports. For seafarers, unreasonable detention or inhuman treatment will result in reputational damage within the industry and loss of future income.
• Economic Costs of Detention: The maritime industry suffers inefficiencies due to regulatory uncertainty. The proposed treaty will improve cost certainty for vessel owners and operators when ships, their officers, or their crew, are arrested or detained during a voyage.
III. Background Analysis
Excerpts of the background analysis made on which this White Paper is based can be found in the appendices:
Appendix A: Examples of wrongful prosecution and detention
Appendix B: Analysis of issues facing seafarers
Appendix C: Current International Instruments
The analysis of the existing cases as well as the break-down of the multitude of aspects that face seafarers show that the modern-day seafarer faces a variety of legal and administrative risks resulting in overcriminalization and undue administrative detention of seafarers. The analysis of the current international instruments has further shown that while the international agreements already in place and those under consideration with the International Maritime Organization may be applauded, these instruments currently fail to address three important concerns for seafarer rights.
First, there is no uniform treaty applicable to all seafarers. Second, no instrument directly addresses the legal conflict of interest issue. This common conflict undermines the legitimacy of legal proceedings, as seafarers may unwittingly rely on defense counsel who owe fiduciary duties to vessel owners or insurers, not to the seafarer. Due to lack of resources, seafarers are often forced to depend on attorneys who, from the outset of investigations, are compensated to represent the interests of vessel owners and operators. Third, treaties which establish rights do not provide for the capacity to enforce those rights. Seafarers need a framework under which they receive competent individual legal advice and counsel.
Our proposals, outlined below, address these shortfalls.
IV. Proposed Solution
We propose the development of a treaty to address the three main challenges seafarers still face. This treaty will cover the following items:
1. Overall Development of International Treaty
• Legal Framework: Bolster and harmonize international standards and best practices, such as the IMO/ILO Draft Guidelines on Fair Treatment of Seafarers, the IMO/ILO Draft Guidelines on Fair Treatment of Seafarers, and the Maritime Labour Convention (MLC), ensuring due process for seafarers.
• Multilateral Cooperation: Foster alliances among international organizations, governments, and industry stakeholders to safeguard seafarers' rights.
2. Strengthen Enforcement:
• Develop international oversight mechanisms to ensure compliance with international instruments, particularly for flag states
• Establish a Regional Maritime Observatory: to systematically document and analyze cases of wrongful detention of mariners via a public-access registry of seafarer detention cases, with anonymized data and country-level compliance metrics
3. Training and Awareness for Authorities
• EducationPrograms: Offer training for maritime and judicial authorities on human rights and justice principles.
• Awareness Campaigns: Highlight the importance of respecting seafarers' rights in legal situations.
4. Direct Support for Seafarers
• Legal Assistance: Establish mechanisms for legal and financial support for affected seafarers independent of their vessel owner and operator interests.
• Labor Protections: Ensure employers provide resources for legal defense in cases
• Establish Emergency Funds: to assist abandoned seafarers promptly of criminalization.
5. Promotion of Gender Equity
• Inclusive Initiatives: Design programs aligned with the IMO Women in Maritime Programme and ILO gender equality frameworks to promote the inclusion of women in the sector and ensure their protection in adverse situations.
• Female Leadership: Encourage the participation of women in leadership positions within the maritime industry.
Appendix B: Analysis of Issues Facing Seafarers
1. Unjust Criminalization of Seafarers
• Causes: The presence of illegal cargo or persons on vessels often leads to automatic accusations against seafarers, frequently without evidence of their involvement or knowledge.
• Impacts: Unjust legal processes, arbitrary detention, and damage to seafarers' professional reputations.
2. Lack of Legal Safeguards
• Deficiencies: Seafarers face criminal investigation and prosecution by foreign and unfamiliar legal systems, leaving them vulnerable and unprotected. Also, seafarers may face judicial or administrative systems that offer only limited guarantees of due administrative and criminal process. Seafarers generally lack the resources to mount an adequate defense through an attorney representing the mariner’s interests. Attorneys representing vessel owners and vessel operators often purport to represent seafarers, creating conflicts of interest.10
• Consequences: Violation of fundamental human rights, including the right to a fair trial and access to adequate defense.
3. Adverse Conditions during Investigation
• Risks: Affected seafarers experience deterioration in mental health and financial stability, which also impacts their families.
o Basic human rights being violated – prolonged time in jail / custody / separation
• IndustryEffect: These conditions may potentially contribute to agrowing shortage of skilled seafarers, affecting the efficiency and safety of maritime operations.
o Additional resources to be dedicated to management of extraordinary situations
o Arrests of assets (ships)
o Additional stress for those managing ships, those working on board
4. Regional Distribution of Criminalization Events11
• Global Patterns: According to data from 1999 to 2025, Asia accounts for 30% of seafarer criminalization events, Europe 30%, the Americas 24%, Africa 10%, and the Middle East 6%.
10 When an attorney represents, or reasonably appears to represent, both vessel interests and individual mariners, this may create a “concurrent conflict of interest” because the attorney’s duties to the vessel interests may be ”directly adverse” to the seafarer’s interests. American Bar Association, Rule 1.7: Conflict of Interest: Current Clients, https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct /rule_1_7_conflict_of_interest_current_clients/?login (last accessed May 2, 2025).
11 InterManager constantly updates their statistics. To access the most current statistics, please visit https://www.intermanager.org/2025/04/april-2025-stats-review/
• Impact on Leadership: Of all officers imprisoned, 66% are ship Masters, highlighting a disproportionate impact on leadership roles within the maritime workforce.
5. The Impact of Drug Trafficking Modalities
• Context: Drug trafficking aboard vessels occurs through various methods, each affecting seafarer differently. In some cases, drugs are smuggled in sealed sea containers loaded by third parties, limiting crew involvement. In other instances, traffickers conceal drugs within the ship’s structure, such as ballast tanks or engine rooms, increasing the likelihood of crew interaction. Smugglers may also use stowaways or coerce crew members into acting as drug mules. Additionally, external actors may attach drugs to the hull or place them on deck during port stays, often without the crew’s knowledge.
• Impact: Seafarers face varying degrees of legal risk depending on the smuggling method. When drugs are found in sealed containers, the crew typically faces lower legal exposure, as investigations focus on shippers and consignees. However, when drugs are hidden within the vessel, authorities often assume crew complicity, leading to arrests and prolonged detentions. If stowaways or crew members are involved, the entire crew may be interrogated or held responsible for security failures. Even in cases of open-deck smuggling, where crew members are unaware, they may still face detention while investigations take place. These risks highlight the urgent need for legal protections to prevent wrongful prosecution and safeguard seafarers' rights.
6. Psychosocial Impact on Seafarers’ Families
• Context: The criminalization or detention of seafarers often destabilizes entire households, not just individual careers. Families experience sudden financial hardship due to the loss of income and rising legal costs, along with emotional trauma caused by uncertainty, fear, and social stigma.
• Impacts:
o Financial insecurity, including risks to housing, healthcare, and education.
o Emotional strain leading to anxiety, depression, and long-term psychological effects on spouses, children, and extended family.
o Lasting damage to community perceptions of maritime work as a stable and honorable profession.
• Industry Effect: The destabilization of seafarers’ families contributes to workforce attrition, discouraging new entrants to the maritime industry and weakening the overall resilience of maritime communities.
Appendix C: Current International Instruments
Analysis of the legal Instruments that identify and protects seafarer’s human rights includes:
1. The Maritime Labour Convention (MLC) and Its Role in Protecting Seafarers
The Maritime Labour Convention (MLC, 2006), often called the "Seafarers’ Bill of Rights," provides minimum standards for working and living conditions for seafarers globally. Key objectives and challenges include:
1.1 Objectives of MLC
• Fair Employment Standards: Guarantees written contracts, timely payment of wages, and limits on working hours to prevent fatigue.
• Health and Safety: Requires access to medical care, onboard safety measures, and mental health support.
• Social Protection: Ensures repatriation rights and encourages social security measures like pensions.
• Complaint Mechanisms: Allows seafarers to file grievances without fear of retaliation.
1.2 Challenges to compliance with the MLC
• Non-Binding Nature on Criminalization Issues: While the MLC provides indirect protection during legal processes, it lacks explicit provisions for fair treatment during criminal investigations.
• Enforcement Gaps: Flags of convenience and resource constraints in developing nations hinder rigorous implementation.
• Abandonment Cases: Despite MLC provisions, cases of seafarer abandonment persist globally, leaving workers stranded without pay or support.
2. The ITF Criminalisation Toolkit and IMO/ILO Draft Guidelines on Fair Treatment of Seafarers Detained on Suspicion of Committing Crimes
The ITF Seafarers' Criminalisation Toolkit (Toolkit) and the IMO/ILO Draft GuidelinesonFairTreatmentofSeafarers DetainedonSuspicionofCommitting Crimes (The Guideline) aim to protect seafarers from unjust treatment during investigations or detentions. Specifically, they:
2.1 Objectives of the Toolkit and Guideline:
• Ensure Fair Treatment: Advocate for seafarers' right to due process, legal representation, and protection from coercion during maritime investigations.
• Promote International Standards: Encourage governments and organizations to adopt consistent policies aligned with the Maritime Labour Convention (MLC) and other international laws.
• Highlight Rights Violations: Address challenges such as arbitrary detention, lack of access to legal counsel, and inadequate resources for seafarers during crises.
• Foster Stakeholder Accountability: Define responsibilities for port/coastal states, flag states, and shipowners to uphold the human rights of seafarers.
2.2 Key Non-Compliance Indicators:
• Arbitrary Detentions: Cases like the Heroic Idun and UBC Savannah illustrate violations where seafarers were held without clear evidence or proper legal procedures.
• Lack of Legal Representation: Surveys by Seafarers' Rights International (SRI) reveal that over 90% of detained seafarers lack access to adequate legal support or translation services.
• Inadequate Awareness: Maritime authorities often lack training on the guidelines, leading to their inconsistent application.
2.3 Challenges to Compliance with Toolkit and Guideline:
Despite the existence of frameworks such as the Guidelines and the Toolkit, many countries struggle to implement them effectively. Key challenges include:
• Non-Binding Nature: The guidelines are voluntary, limiting enforcement. Many countries treat them as recommendations rather than obligations.
• Lack of Domestic Legislation: While some states integrate these principles into national laws, others claim existing frameworks are sufficient, leading to inconsistencies.
• Financial and Resource Constraints: Developing nations often lack the infrastructure and resources to implement fair treatment measures, including legal aid and repatriation mechanisms.
• Jurisdictional Overlaps: Conflicts arise when port states, flag states, and seafarer states interpret their roles differently, complicating compliance.
• Discrimination and Bias: Seafarers from less affluent or minority backgrounds are disproportionately affected, facing prejudiced treatment and limited access to justice.
3. The United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS is an international treaty that establishes a legal framework for the use and management of the world’s oceans and their resources. It is often referred to as the “constitution of the sea” and governs all maritime activities, including navigation, territorial boundaries, resource exploitation, and the protection of marine environments.
3.1Objectives of the UNCLOS:
• Define Maritime Zones: establishes various maritime zones and the rights of states within them.
• Freedom of Navigation: ensures that all ships, including commercial vessels, have the right to move freely through international waters, territorial seas, and straits used for international navigation.
• Protection of Seafarers: While UNCLOS does not directly address unfair treatment of seafarers, it establishes guidelines for flag states, port states, and coastal states to act responsibly:
o Flag State Jurisdiction: The state where a ship is registered is responsible for ensuring compliance with international maritime regulations.
o Fair Treatment in Cases of Detention: UNCLOS requires coastal states to promptly notify flag states and consular representatives when a vessel or crew is detained.
• Resource Management and Environmental Protection: sets rules for preventing pollution, managing fisheries, and protecting marine ecosystems.
3.2 UNCLOS and Seafarers' Rights
While UNCLOS does not explicitly focus on human rights or unfair treatment of seafarers, it supports their protection indirectly by:
• Requiring prompt notification of detentions to flag states.
• Protecting ships' and seafarers' rights to freedom of navigation.
• Establishing flag state responsibilities for ship compliance with international regulations, including safety and labor standards.
3.3 Challenges to compliance with UNCLOS
• Enforcement Challenges:
o UNCLOS relies on member states to enforce its provisions, but compliance varies widely.
o Flag states, especially those with flags of convenience, may fail to uphold their responsibilities, allowing substandard vessels to operate.
• Weak Protection for Seafarers:
o UNCLOS focuses on state-level governance rather than individual rights, providing limited direct protection for seafarers against unfair treatment or criminalization.
o The principle of prompt notification in cases of detention is often ignored, leaving seafarers vulnerable to lengthy detentions without legal support.
o In cases of criminalization, states may fail to uphold the principle of prompt notification or fair treatment
o Inconsistent enforcement of provisions by member states.
o Limited mechanisms to ensure the fair treatment of seafarers.
o Gaps in addressing contemporary maritime issues like human trafficking, environmental crises, and unfair detention of seafarers.
• Dispute Delays: Maritime disputes, such as overlapping claims to EEZs or territorial waters, can take years to resolve, undermining the effectiveness of UNCLOS in promoting cooperation.
• Environmental and Security Gaps: UNCLOS does not fully address modern challenges such as climate change impacts on rising sea levels, illegal fishing, or maritime security threats like piracy and trafficking.
4. Gap Analysis
We applaud the international agreements already in place and those under consideration with the International Maritime Organization. Current instruments, however, fail to address three important concerns for seafarer rights. First, no treaty applies to all seafarers. Second, no treaty ensures seafarers receive competent individual legal representation Finally, no treaty provides seafarers with an enforcement mechanism. Seafarers must have a comprehensive treaty to ensure dignity and due process.
5. References
• United Nations Convention on the Law of the Sea (UNCLOS)
• International Labour Organization (ILO): Maritime Labour Convention (MLC)
• Draft ILO Guidelines on Fair Treatment of Seafarers (2024)
• International Maritime Organization (IMO) reports on the criminalization of seafarers
• International Transport Workers' Federation (ITF): Seafarers' Criminalization Toolkit
• InterManager: Criminalization Data Analysis (2024)
