Liberia Flag issued a Marine Advisory to provide reference instrument for principles that can be reflected in the implementation of policies, legislation, and administrative measures on the fair treatment of seafarers detained on suspicion of committing crimes, and that can be tailored to different national systems and circumstances.
At its 107th Session (November–December 2020), the International Maritime Organization (“IMO”), Legal Committee agreed to develop guidelines on the fair treatment of seafarers detained on suspicion of committing maritime crimes.
At its 343rd Session (November 2021), the Governing Body of the International Labor Organization (“ILO”) approved the establishment of a Joint ILO–IMO Tripartite Working Group (“JTWG”) to identify and address seafarers’ issues and the human element with a composition of eight (8) Government representatives nominated by the IMO, and eight (8) Shipowner and eight (8) Seafarer representatives nominated by the Employers’ and the Workers’ groups of the Governing Body of the ILO, respectively.
At its 112th Session (LEG 112) (March 2025), the IMO’s Legal Committee adopted the ‘Guidelines on Fair Treatment of Seafarers Detained in Connection with Alleged Crimes’ (“Guidelines”).
The Guidelines are based on, and to be read in line with, the principles, rights and obligations set out in the Maritime Labour Convention, 2006, as amended (MLC 2006).
The Guidelines are intended to be applied where seafarers may be investigated or detained in a jurisdiction other than that of the seafarers’ nationality on suspicion of committing or having committed crimes during the course of their employment onboard a ship.