gillnumil ®   28-Mar-2023 06:53

Guidelines on how to deal with seafarer abandonment cases


Year: 2022
Language: english
Author: ILO & IMO
Format: PDF
Quality: eBook
Pages count: 24
Description: The International Maritime Organization (IMO) Legal Committee, at its 107th session (November–December 2020), agreed to develop guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases through an intersessional correspondence group to progress the work. At its 343rd Session (November 2021), the Governing Body of the International Labour Organization (ILO) approved the establishment of a Joint ILO–IMO Tripartite Working Group to identify and address seafarers’ issues and the human element (JTWG), with a composition of eight Governments nominated by IMO, and eight Shipowner representatives and eight Seafarer representatives to be appointed by the Workers’ and Employers’ groups of the Governing Body of the ILO. The 109th session of the Legal Committee (March 2022), endorsed the draft Guidelines developed by the IMO correspondence group for consideration by the JTWG. 1 At its 345th Session (June 2022), the Governing Body of the ILO decided that the first meeting of the Joint Tripartite Working Group would be held from 13 to 15 December 2022 and that the purpose of the first meeting would be to discuss and adopt guidelines for port State and flag State authorities on how to deal with seafarer abandonment cases. The IMO Council, at its 127th session (July 2022), endorsed the establishment of the Joint Tripartite Working Group and the Legal Committee’s decisions.
The present Guidelines are addressed to all States, and primarily to port States, flag States and States of which seafarers are nationals or are resident or are otherwise domiciled in their territory. They are intended to be a reference tool of principles that can be reflected in the design and implementation of policies, strategies, programmes, legislation, administrative measures and social dialogue mechanisms on the resolution of cases of abandonment of seafarers.
The Guidelines draw on: (i) relevant ILO international labour standards, notably the Maritime Labour Convention, 2006, as amended (MLC, 2006), including the relevant amendments adopted by the Special Tripartite Committee of the MLC, 2006, in 2022, and IMO Assembly resolution A.930(22); (ii) relevant IMO international frameworks and agreements; and (iii) relevant trends and developments in regional and national law and practice. They are also consistent with the ILO Guidelines for port State control officers carrying out inspections under the MLC, 2006, as amended, and the ILO Guidelines for flag State inspections under the MLC, 2006, as amended.
Additional info: First Meeting of the Joint ILO–IMO Tripartite Working Group to identify and address seafarers’ issues and the human element (Geneva, 13–15 December 2022)

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