Criminalization of seafarers' actions

The Impact on Maritime Workers and Industry

It is extremely important for seafarers to do everything possible to avoid pollution of the marine environment. Sometimes the pressures of commercial necessity put seafarers in a difficult position, and although the company may not insist that the crew use the most economical methods, they may be the only way to meet deadlines. At present, any action that has the potential to cause environmental damage, whether intentional violation or negligent, can result in seafarers being charged and treated in the same way as criminal offenders.

How do laws vary?

Laws and regulations concerning marine pollution can vary significantly from one country to another. The extent and nature of these laws depend on factors such as the country's geographical location, economic activities, environmental concerns, and commitment to international agreements. For example, the right to remain silent, the right to confidentiality of information, safeguards against arrest and detention, the right to legal advice and legal representation, the right to a fair trial and the extradition process vary greatly from country to country. If you are unsure, seek advice from your union and/or your company.

What is serious negligence?

Serious negligence leading to pollution of the marine environment is a critical issue that can have devastating consequences for marine ecosystems and the communities that depend on them. Pollution in the oceans is caused by various factors, including industrial discharges, oil spills, agricultural runoff, untreated sewage, plastic waste, and more.

The new European Directive criminalizes unintentionally caused pollution. It uses a vague concept of "serious negligence" not provided for under European law and ignores safeguards for the rights of seafarers detained in connection with marine pollution incidents.

The effects of marine pollution are far-reaching and can include:

- Pollution can lead to the death of marine animals and plants due to toxic substances, ingestion of plastic debris, or oil contamination. It can also disrupt the delicate balance of marine ecosystems, affecting biodiversity and the food chain.

- Some pollutants contribute to ocean acidification, affecting marine life with calcium carbonate shells, such as corals and certain types of plankton, which are essential parts of the marine food web.

- Plastic pollution is a growing concern as it persists in the environment for centuries and accumulates in vast areas like the Great Pacific Garbage Patch. It poses a threat to marine animals through ingestion, entanglement, and disruption of their habitats.

- Polluted waters can impact fishing and tourism industries, which are vital sources of income for many coastal communities. This can lead to job losses and economic hardship.

- Сan affect human health through the consumption of contaminated seafood or exposure to toxins in the water. It can lead to various health issues, including gastrointestinal problems, skin irritations, and more severe illnesses.

How should I behave if there is a pollution incident?

If your vessel has an incident at sea, there are international safeguards that ensure you are treated fairly if an investigation is carried out or if you are detained in connection with the incident.

You should be aware that information reported during the investigation of a maritime accident can be used against you in criminal prosecutions. Therefore, if you are questioned about an incident involving your vessel, request the presence of an attorney when necessary, contact your union and/or company for legal advice or assistance.

The state whose flag your ship is flying has the right under international law to initiate a legal procedure to demand the immediate release of seafarers detained in connection with a maritime accident or marine pollution. Unfortunately, flag of convenience states are notorious for not using this right to release the crews of ships flying their flag.

Your shipowner and your ship's insurers should provide you with legal support and counseling in the event of your arrest or detention, and meet your welfare needs if any. The International Maritime Organization (IMO) and International Labour Organization (ILO) recommendations on fair treatment of seafarers in maritime accidents can be found using the link on the right-hand side of the page.

To address marine pollution, it is essential to hold individuals, industries, and governments accountable for their actions and promote responsible environmental practices. Implementing and enforcing strict regulations regarding waste disposal, promoting recycling and waste reduction, and supporting sustainable practices are crucial steps to mitigate marine pollution.