The September 2024 welcome message from the AMWS Chairman,
Mr David Parmeter
Mr David Parmeter
Hello everyone, and welcome to the September 2024 AMWS electronic newsletter.
Today I want to talk about the Criminalisation of Seafarers, which is one of the most serious problems facing mariners today. When there has been a maritime accident, seafarers have often been detained and denied access to normal rules of fair play and justice with which to defend themselves against criminal charges. There have also been cases where illicit cargo has been found on board a ship and seafarers have consequently been imprisoned, even when they have had no knowledge of how this came about, and no evidence was presented.
Ships crews are particularly vulnerable if there has been a marine pollution incident. Seafarers must do all they can to avoid polluting the seas. They must be aware of the International Convention for the Prevention of Pollution from Ships (MARPOL). This convention governs all aspects of marine pollution, including oily wastewater and garbage.
Violating the MARPOL convention can lead to criminal prosecution by a national government. However seafarers are often unfairly blamed because it is easier for governments to prosecute workers than owners, especially if the incident has created a media storm.
This is a worldwide problem and both sides of industry wish to see action taken.
Recently IMO’s Legal Committee finalized a new set of guidelines to ensure seafarers are protected against unfair treatment if detained in foreign jurisdictions on suspicion of committing a crime. They aim to protect seafarers’ right to due process during investigation and detention by public authorities. This is a welcome development and deserves the support of all sections of the maritime industry.
I trust you will enjoy this edition of the newsletter.
DP
Today I want to talk about the Criminalisation of Seafarers, which is one of the most serious problems facing mariners today. When there has been a maritime accident, seafarers have often been detained and denied access to normal rules of fair play and justice with which to defend themselves against criminal charges. There have also been cases where illicit cargo has been found on board a ship and seafarers have consequently been imprisoned, even when they have had no knowledge of how this came about, and no evidence was presented.
Ships crews are particularly vulnerable if there has been a marine pollution incident. Seafarers must do all they can to avoid polluting the seas. They must be aware of the International Convention for the Prevention of Pollution from Ships (MARPOL). This convention governs all aspects of marine pollution, including oily wastewater and garbage.
Violating the MARPOL convention can lead to criminal prosecution by a national government. However seafarers are often unfairly blamed because it is easier for governments to prosecute workers than owners, especially if the incident has created a media storm.
This is a worldwide problem and both sides of industry wish to see action taken.
Recently IMO’s Legal Committee finalized a new set of guidelines to ensure seafarers are protected against unfair treatment if detained in foreign jurisdictions on suspicion of committing a crime. They aim to protect seafarers’ right to due process during investigation and detention by public authorities. This is a welcome development and deserves the support of all sections of the maritime industry.
I trust you will enjoy this edition of the newsletter.
DP