29th AGA - Press Release

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PRESS RELEASE: Saturday 24 May 2003


Delegates to the 29th International Federation of Shipmasters’ Associations (IFSMA) Annual General Assembly on 23 and 24 May 2003 in London noted with great concern the unjust imprisonment and continued detention of Captain Mangouras of the stricken tanker Prestige. IFSMA urges all maritime administrations and other stakeholders in the maritime industry, to take all necessary action to prevent similar unjustified treatment of shipmasters in the future.

IFSMA, which represents more than 8500 shipmasters worldwide, feels very strongly that shipmasters are being penalized for incidents outside their control.

IFSMA will do everything in its power to protect the rights of the shipmaster and to prevent future criminalisation of the shipmaster and has prepared the attached resolution for submission to the International Maritime Organisation (IMO) for consideration by the Maritime Safety Committee (MSC) and subsequent adoption by the IMO Assembly.


“RIGHT TO FAIR TREATMENT OF SHIPMASTERS”

THE IFSMA GENERAL ASSEMBLY,

RECALLING Article 15(j) of the Convention of the International Maritime Organization concerning the functions of the IMO Assembly in relation to regulations concerning maritime safety and control of marine pollution from ships,

NOTING WITH GREAT CONCERN, the practice of detention or imprisonment of shipmasters without trial following maritime incidents,

RECALLING that the ISM Code and IMO Assembly Resolution A443 (XI) invites Governments to take the necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities by ensuring that the shipmaster is protected by appropriate provisions from unjustifiable actions as a consequence of the proper exercise of his professional judgement,

URGES MEMBER GOVERNMENTS to adopt the principles included in the 1982 Law of the Sea Convention (UNCLOS) with respect to penalties and procedures concerning pollution incidents, particularly the provisions that:

• The rights of the accused should be considered in all stages of any legal proceedings.

• Non-wilful violations of coastal state regulations, in the Exclusive Economic Zone, should not result in imprisonment or other degrading treatment.

• Shipmasters detained as a result of pollution or other incidents, should be promptly released on the posting of a bond or other security.

• Only monetary penalties should be imposed for pollution offences committed outside territorial seas, unless the pollution results from a wilful act.

For further information please contact:
The International Federation of Shipmasters’ Associations
202 Lambeth Road
London SE1 7JY

Phone: 020 7261 0450
Fax: 020 7928 9030
e-mail: hq@ifsma.org