LONDON - The Sixth Session of the Joint IMO/ILO Ad Hoc Expert Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers discussed these issues on 19-21 September in London.
Difficulties arise in resolving cases of abandonment and compensation claims for injury and death because it is not unusual for a vessel to be owned by nationals from one country, be registered under another flag and be crewed by several other nationalities. Depending on the level of abandonment, where it occurs, who owns the ship and which national law prevails, seafarers may or may not get speedy and satisfactory redress for their plight.
The meeting recognized that the foreseen adoption of the ILO Consolidated Maritime Labour Convention, in February next year would have consequences regarding compensation as well as abandonment. It was also agreed that a continuous monitoring of the problem, in the form of an ILO-based database of abandoned vessels, was indispensable, and that a future session of the Working Group would need to take these facts into account to decide on the final form of action to be taken.
As yet, there are no globally accepted and standardized ways of handling the hardships the seafarers and their families can face when owners abandon their ships, or when income is curtailed through death or injury.
One positive outcome from the IMO/ILO working party to date is the creation of a database, hosted by the ILO, of reported incidents of abandonment of seafarers, though precise details on how it will be compiled and operated are still to be finalized.