News 03 Feb, 2022 MLC and Abandoned Seafarers - The Theory and the Practice Tony Paulson Head of Asia & Corporate Director The 2014 amendments to the Maritime Labour Convention 2006 (MLC) entered into force in early 2017 with the aim of protecting seafarers who had been abandoned by their employers.  Download PDF Qualifying ships are required to have certification on board from a financial security provider which guarantees payment of up to four months’ wages, the costs of repatriation and the supply of essentials such as fuel, food and water to abandoned seafarers where necessary until the crew can go home. The IG Clubs supported their Members by agreeing to provide the necessary certification for what are largely uninsured, non-P&I risks. But they did so against an understanding of how the Convention would work in practice which has, in some places, not been borne out. This is resulting in significant delays in repatriation and payment of wages to some seafarers marooned on deteriorating ships, as well as issues for the insurers concerned. What’s gone wrong?  The theory Regulation 2.5 of MLC deals with repatriation and its stated purpose is to “ensure that seafarers are able to return home”. Standard A 2.5 sets out the means to accomplish that and includes the following obligations on States Parties: ■ “Each [State] shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.” ■ “In particular, a [State] shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a shipowner or because of the shipowner’s inability or unwillingness to replace a seafarer.” So when seafarers are abandoned (and in practice that’s invariably when they haven’t been paid for two months or more) and the ship arrives in a port of a contracting state, the local maritime authorities should take steps to facilitate the