Nautilus International has expressed its concerns to the Maritime & Coastguard Agency after the release of Marine Information Note (MIN) 732 on 12 March, highlighting that the changes will allow unscrupulous owners to delay seafarer repatriations, and calling for the lessons of Covid-19 to be learned.
The MIN provides guidance to shipowners and seafarers affected by the conflict in the Middle East. It emphasises that obligations under the Maritime Labour Convention (MLC) remain in force, including requirements for safe working conditions, proper risk assessments, and crew welfare. The notice highlights the increased risks in the region and reminds shipowners to keep crews informed, ensure appropriate safety and insurance arrangements, and avoid compelling seafarers to enter high-risk areas without proper consultation and protections.
However, it also concedes that the situation may make repatriation ‘more difficult’. The Union fears that this may lead to problems for seafarers.
Writing to express this, Nautilus director of legal services Charles Boyle said: ‘Our concerns are that less scrupulous shipowners will use the MIN to their convenience, for instance, delay repatriation – not because it is impossible, but for reasons such as: it is too difficult; too expensive from where it should occur; not planning ahead to ensure a replacement seafarer arrives onboard on time, etc.’
‘Nautilus's proposals would give a strong steer towards repatriation being offered in all cases where legally due and leave it to the seafarer's own good judgement to decide whether to take it or delay it for the time being.’
‘To reiterate a refrain from the pandemic – it is precisely at times of crisis that the entire MLC should be robustly enforced.’
The Union notes that the International Labour Organization issues guidance on issues of force majeure and contract extensions for seafarers in connection with the pandemic, which reinforces the understanding that repatriation should only be put off in the case that compliance with the MLC is ‘materially and objectively impossible’.
Nautilus has asked that the MIN be amended in accordance with its suggestions.
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