Most important factor in ensuring fair treatment of seafarers who are involved or affected by investigation, inquiry or examination into a maritime accident are provisions of international instruments that command universal acceptance on the part of the international community represented by governments of the vast majority of States. The human rights standards set out in those instruments are relevant to the fair treatment of seafarers and in particular:
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
United Nations Convention on the Law of the Sea, 1982
IMO resolution A. 849(20) as amended by resolution A. 884(21):
Code for the Investigation of Marine Casualties and Incidents
IMO resolution A. 443(XI) incorporated into Chapter IX of SOLAS and
Regulation 10-1, Chapter V of SOLAS: Master's Discretion for Safe Navigation
International Convention for Prevention of Pollution from Ships (MARPOL 73/78)
ILO Declaration on Fundamental Principles and Rights to Work, 1998
Settlement of Disputes - Article 287 of UNCLOS, 1982
Liability and Compensation Conventions - Articles 3,9,10 of International Convention on Civil Liability for Oil Pollution Damage, 1992
Vienna Convention on Consular Relations, Article 36
International Convention on Maritime Liens and Mortgages, 1993 - Article 12
International Convention relating to the Arrest of Sea-Going Ships, 1999 - "Maritime Claims"
Due regard should be paid to instructions and guidance issued by international and national bodies aimed at preservation of basic human rights of seafarers under any form of detention and in. particular to the
Body of Principles for the Protection of all Persons under Any Form of Detention or
Imprisonment (approved by the United Nations General Assembly resolution 43/173 of 9th December 1988) |