Page 246 - Demo
P. 246
treatment, and wellbeing for seafarers. Drawing on the lessons learned from COVID-19, standards have also been improved in areas such as repatriation, access to shore leave, and medical care. Furthermore, greater emphasis has been placed on social connectivity to support mental health, as maintaining contact with home is particularly critical for seafarers operating%u00a0in conflict-affected areas, such as the Middle East. It is no surprise that both unions and shipowners are calling for improved social connectivity, particularly through the provision of free Wi-Fi %u2014 a necessity ultimately deriving from the standards set by the MLC. The role of the MLC in protecting seafarers in an increasingly complex geopolitical maritime environmentIn recent years, the maritime industry has faced significant turbulence and insecurity due to the pandemic, the resulting cost-of-living crisis and geopolitical tensions. However, in my view, the event that clearly highlighted the importance of the MLC was not the COVID-19 pandemic itself, but the crew change crisis it triggered. During that time, seafarers' rights were ignored, with shipowners simply invoking force majeure and claiming there was nothing they could do.There was a great deal of understanding regarding that situation, but the real trigger lay in the decision by some countries to close their borders without considering the full impact of that action. The crew change crisis was the unintended consequence of decisions made by officials who prioritised border security and public health, failing to consult transport authorities in the same way they consulted health departments. This exposed a fundamental weakness in the way many countries view the shipping industry.By contrast, the UK%u2019s approach %u2014 and I say this with some pride %u2014 reflected its position as an island nation with a strong maritime history by maintaining shipping as part of the conversation. While the government%u2019s initial response was a broad lockdown and keeping everyone safe at home, there was a relatively quick realisation that certain industries, specifically transport (i.e., shipping, aviation, rail, and road), had to keep moving. Other countries, such as China, India, the Philippines, and Singapore, remained heavily restricted, and it took quite some time before they realised the full consequences of their decisions.Within the ILO, there were regular meetings with the STC Officers to monitor the situation. With support from the ILO, the IMO, and WHO, it became clear that the conditions for invoking force majeure were not open-ended. Force majeure does not apply simply because repatriating a crew is difficult or costly; it applies when it is physically impossible. The moment a viable option exists %u2014 whether that involves deviating the ship, chartering special flights, or placing seafarers in isolation hotels %u2014 the claim of force majeure stops applying. Seafarers%u2019 rights cannot be waived; they are inalienable.More recently, the war in Ukraine has had massive implications for both Russian and, most importantly in this context, Ukrainian seafarers. Given that many of these nationals are employed across the Greek fleet, this is an issue that Greek shipowners clearly recognise. It is difficult to imagine how such circumstances would have been managed without the framework provided by the MLC.The MLC standards held up remarkably well during the pandemic, and they will continue to provide a vital framework now, as we witness the ongoing conflict in the Middle East.If anything, the pandemic highlighted the shortcomings of the states that have ratified the Convention. It exposed, first, the failure to uphold seafarers' rights during a public health crisis and, second, the lack of coordination between port, flag, and labour-supply states. Such coordination is becoming increasingly critical given the frequency of geopolitical tensions. At the end of the day, the fundamental obligation remains the same: to protect seafarers and ensure their wellbeing through access to medical care, shore leave, social connectivity, and timely repatriation. Seafarers under the spotlightThe MLC standards held up remarkably well during the pandemic, and they will continue to provide a vital framework now, as we witness the ongoing conflict in the Middle East.242 NX

