An Assessment of the Role of Port State in Protecting Abandoned Seafarers

Abstract

The abandonment of seafarers onboard vessels by shipping companies continues to persist in the shipping industry. More than 1,676 seafarers were abandoned in 2023, 1,555 seafarers onboard 113 ships were abandoned in 2022, while a total of 1,399 seafarers onboard 94 different vessels were abandoned in 2021. This study is an attempt to establish the scope of the obligation of a vessel’s port state to protect abandoned seafarers. The prescribed scope of protection of abandoned seafarers by port states has been determined by examining the provisions of the Maritime Labor Convention(MLC), 2006, the United Nations Convention on Law of the Sea, 1982 (UNCLOS) and International Human Rights treaties. This study found that the MLC can be interpreted to impose an obligation on port states to take measures to protect abandoned seafarers. Furthermore, even if a port state has not ratified the MLC, it still  has certain obligations towards abandoned seafarers under the UNCLOS, Human Rights and IMO treaties. The conclusion is that although the MLC does not expressly prescribe the duties of port states in the event of seafarer abandonment, it indirectly requires them to take measures to protect abandoned seafarers. Moreover, the obligation of port states to protect abandoned seafarers also stems from certain other international law instruments.