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ICS, nations can no longer invoke force majeure to deny seafarers their rights
Khosla: Two years after the pandemic began, governments now have no more excuses
March 2, 2022
In addition, the ILO Committee reiterated its "profound regret that a number of nations that have it ratified continue to invoke force majeure as a reason general to deny the right to land on land and to prolong the duration of the period of service on board beyond the agreed date and, in some cases, beyond the maximum fixed period of 11 months. This type of situation - the Committee had observed - put in place danger not only to the health and safety of seafarers interested, but also the safety of navigation. At the same time how some major nations supplying seafarers have continued to refuse to allow the return of their seafarers national; as a result these seafarers were stranded without salary and with great uncertainty about returning to their country of origin'.
A situation of extreme difficulty for seafarers who has been denounced again today also by the International Chamber of Shipping (ICS): 'citing force majeure - explained the international maritime association - governments have circumvented the basic standards of people's well-being of sea, such as those contained in the Maritime Labour Convention. However - highlighted the ICS - the ILO considered that, being almost two years after the beginning of the pandemic, the force major should not be considered a valid reason for deprive seafarers of their rights.'
Recalling that the ILO has urged governments to recognise seafarers as key workers, the office manager ICS lawyer, Kiran Khosla, pointed out that "now the Committee clarified that governments can no longer hide behind a so-called force majeure case to deny to seafarers these fundamental rights".
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In addition, the ILO Committee reiterated its "profound regret that a number of nations that have it ratified continue to invoke force majeure as a reason general to deny the right to land on land and to prolong the duration of the period of service on board beyond the agreed date and, in some cases, beyond the maximum fixed period of 11 months. This type of situation - the Committee had observed - put in place danger not only to the health and safety of seafarers interested, but also the safety of navigation. At the same time how some major nations supplying seafarers have continued to refuse to allow the return of their seafarers national; as a result these seafarers were stranded without salary and with great uncertainty about returning to their country of origin'.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
