A tool to support human rights due diligence
The maritime industry is responsible for transporting
more than 80 per cent of global trade of goods, such as
automobiles, bulk commodities, chemicals, wood products,
iron and steel, garments and shoes, and consumer goods,
toys, electrical appliances, oil and gas, pharmaceutical
products and food. COVID-19 related measures imposed
by Governments, including travel bans, embarkation and
disembarkation restrictions or suspension in the issuance
of travel documents, have severely strained the working
conditions in the global shipping sector, resulting in a
humanitarian and safety crisis.
Hundreds of thousands of seafarers are trapped on ships as
routine crew changes cannot be carried out, while hundreds
of thousands are stranded on land, prevented from re-joining
ships. Those stranded on ships are being denied their human
rights, including their rights to physical and mental health,
to family life, and to freedom of movement, and are often
forced to work beyond the default 11-month maximum
period of service on board, as established by International
Labour Organization (ILO) Maritime Labour Convention,
2006 (MLC, 2006). This is resulting in cases that could
amount to forced labour
The UN General Assembly, the Secretary General and UN
agencies have called on governments to designate seafarers
as “key workers” and to honour their commitment to
seafarers, especially as it relates to medical care, length of
service and repatriation.
Under the UN Guiding Principles on Business and Human
Rights (UNGPs), while governments have the duty to protect
the human rights of seafarers, businesses have a distinct
responsibility to respect their rights.
Given the scale of the maritime industry and its facilitation
of world trade, multinational and national enterprises of
all sizes are likely to be linked to the situation of seafarers
through their operations, logistics, and broader value chains.
The UN Human Rights Office, the UN Global Compact,
and the UN Working Group on Business and Human Rights
have issued a statement calling upon companies to act under
the UNGPs. This call has been echoed by the International
Labour Organization (ILO).
In the context of the COVID-19 crisis, business enterprises
that engage with the maritime industry should undertake
human rights due diligence to identify, prevent, mitigate and
address adverse human rights impacts on seafarers resulting
from restrictions to crew changes. This involves utilizing
leverage—individually and collectively—on governments and
maritime transport providers to ensure respect for seafarers’
rights. The scale and complexity of due diligence should be
reasonable and proportional to their size and operational
context, among other factors.
Moreover, companies should not exert undue pressure
on the maritime industry to lessen the protection afforded
by existing standards, including those set out in the MLC,
2006. For instance, some are demonstrating irresponsible
practices that jeopardize seafarers’ rights, including the
appearance of ‘no crew change clauses’ in contracts
between charterers and the maritime industry.
However, a number of global businesses are already
demonstrating responsible practices and recognizing their
human rights responsibilities to seafarers.6 This tool seeks
to encapsulate these good practices.
COVID-19 related measures imposed by
Governments have severely strained the
working conditions in the global shipping
sector, resulting in a humanitarian and
safety crisis.
COVID-19 related measures imposed by
Governments have severely strained the
working conditions in the global shipping
sector, resulting in a humanitarian and
safety crisis.
