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http://dx.doi.org/10.7837/kosomes.2022.28.7.1191

A Study on the Impact of the COVID-19 Pandemic on the Rights and OSH of Seafarers and Tendency in 2022 Amendments of Maritime Labour Convention  

Hyun-Wook Doo (Division of Education, Korea Institute of Maritime and Fisheries Technology)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.28, no.7, 2022 , pp. 1191-1200 More about this Journal
Abstract
The COVID-19 pandemic can be deemed one of the greatest hardships faced by mankind in the 21st century. All industries have been severely affected and workers are still experiencing deep difficulties due to the changed working and living environment. Seafarers have been recognized by the international community as key workers since the pandemic began. They are also working internationally to establish a Level Playing Field through the protection of their rights through the Seafarers' Employment Agreement and the implementation of international labour standards. However, despite the obligations under international conventions to be implemented by State parties and the recommendations by international organizations, the rights of seafarers under the Maritime Labour Convention were violated were violated and their occupational safety and health of seafarers were further threatened throughout the pandemic. This article analyzes the impact of the international shipping industry and the implementation of the Maritime Labour Convention based on each country's measures during the COVID-19 pandemic. Furthermore, the amendments of the Maritime Labour Convention adopted through the fourth Special Tripartite Committee were analyzed based on the conference documents and reports to comprehend the implied meaning. The adopted eight amendments to the Maritime Labour Convention are expected to positively affect the seafarers' rights, safety and health in the future, but the international community's efforts should continue because the issues of maximum working hours, maximum service period on board, and the repatriation of seafarers still remain unsettled.
Keywords
Maritime Labour Convention; COVID-19; Special Tripartite Committee; ILO; Seafarers' rights; Occupational Safety and Health;
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  • Reference
1 ICS(2022), The COVID-19 pandemic: The crew change crisis, Current Issues. Retrieved from https://www.ics-shipping.org/current-issue/the-covid-19-pandemic-the-crew-change-crisis/ on October 19 2022.
2 ILO(2019a), Conclusions on the recruitment and retention of seafarers and the promotion of opportunities for women seafarersSMSWS/2019/9, p. 3. Retrieved from https://www.ilo.org/sector/activities/sectoral-meetings/WCMS_674553/lang-en/index.htm on October 11 2022.
3 ILO(2019b), Recruitment and retention of seafarers and the promotion of opportunities for women seafarers, ILO, p. 28.
4 ILO(2020), General observation on matters arising from the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) during the COVID-19 pandemic, pp. 1-3. Retrieved from https://www.ilo.org/global/standards/maritime-labour-convention/WCMS_764384/lang-en/index.htm, last visit on October 30. 2022.
5 ILO(2021), Final report-Fourth Meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended-Part I (STCMLC/Part I/2021/3), ILSD & SPD, pp. 13-15, p. 26.
6 ILO(2022a), Final report-Fourth Meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended-PartII (STCMLC/PartI/2022/4), ILSD & SPD, pp. 20-26, pp. 33-37, pp. 40-44, p. 47, pp. 52-56.
7 ILO(2022b), Proposals for amendment to the Code of the Maritime Labour Convention, 2006, as amended in accordance with Article XV, STCMLC/PartII/2022/1, pp. 2-7, p. 10.
8 ILO(2022c), Ratifications of MLC, 2006 - Maritime Labour Convention, 2006 (MLC, 2006). Retrieved from https://www.ilo.org/global/standards/maritime-labour-convention/lang-en/index.htm on October 19 2022.
9 ILO(2022d), Resolution concerning the establishment of a Joint ILO - IMO Tripartite Working Group to identify and address seafarers' issues and the human element (GB.343/LILS/4).
10 WMU(2020), A Culture of Adjustment-Evaluating the implementation of the current maritime regulatory framework on rest and work hours, WMU, p. 9. Retrieved from https://www.wmu.se/scholarly-books/a-culture-of-adjustmentevaluating-the-implementation-of-the-current-maritime-regulatory-framework-on-rest-and-work-hours on October 20 2022.
11 Damian, A. J., A. Tichianaa, B. Daniel, and L. W. Angela(2020), Mental Health Challenges Faced by Essential Workers During COVID-19. BMC Blog Network On Health. Retrieved from https://blogs.biomedcentral.com/on-health/2020/07/14/mental-health-challenges-faced-by-essential-workers-during-covid-19 on October 19 2022.
12 IMO(2022b), Supporting seafarers. Retrieved from https://www.imo.org/en/MediaCentre/HotTopics/Pages/Support-forseafarers-during-COVID-19.aspx on October 20 2022.
13 IMO(2011), Principles of Minimum Safe Manning, Resolution A.1047(27).
14 IMO(2019), Guidelines on Fatigue, MSC.1/Circ.1598.
15 IMO(2022a), Report on the IMO/ILO joint database of abandonment of seafarers, LEG 109/4(a) submitted by ILO & IMO, p. 2.
16 Lefkowitz, R. Y.(2013), Incidence of Injury and illness in Merchant Seafarers, Public Health Thesis, Yale University.
17 Lefkowitz, R. Y. and S. D. Martin(2019), Seafarer Mental Health Study, ITF Seafarers' Trust, p. 29.
18 Lee, J. W., S. H. Hong, J. M. Lee, and C. H. Lee(2022), Study on the Role and Protection of Seafarers as Essential Workers in the Shipping Industry to prepare for the Post COVID-19, KSMES, 28(2), pp. 327-330.
19 McConnell, M. L., D. Devlin, and C. Doumbia-henry(2011), The Maritime Labour Convention, 2006-A Legal Primer to an Emerging International Regime, Martinus Nijhoff Publishers, pp. 20-125.
20 Pauksztat, B., M. R. Grech, and M. Kitada(2022), The impact of the COVID-19 pandemic on seafarers' mental health and chronic fatigue: Beneficial effects of onboard peer support, external support and Internet access, Marine Policy, 137(2022), p. 1.
21 Roberts, S. E, D. Nielsen, A. Kotlowski, and B. Jaremin (2014), Fatal Accidents and Injuries among Merchant Seafarers Worldwide, Occupational Medicine, 64(4). pp. 259-266.   DOI
22 Shan, D.(2021), Occupational Health and Safety Challenges for Maritime key Workers in the Global COVID-19 Pandemic, International Labour Review, pp. 371-381.
23 WHO(2022), Updated WHO Recommendations for Inter national Traffic in Relation to COVID-19 Outbreak. Retrieved from https://www.who.int/news-room/articles-detail/updated-who-recommendations-for-international-traffic-in-relation-to-covid-19-outbreak on October 30 2022.
24 WHO(2014), Preventing suicide : A global imperative, p. 31.