On Saturday 30 September 2023 in Hamburg, Germany, Human Rights at Sea (HRAS) attended and spoke at the International Foundation for the Law of the Sea’s (IFLOS) 16th Maritime Talks on the topic of human rights at sea. 

Held at the International Tribunal for the Law of the Sea (ITLOS) and hosted within the main chamber of the Tribunal, multiple stakeholders came together for a hybrid event covering the wide-ranging and emerging narrative around human rights at sea.

In front of the President of the International Foundation for the Law of the Sea (IFLOS), ITLOS judges, Ministerial International Maritime Organization (IMO) representatives, and local and international audiences, interventions covered subjects including considerations of humanity at sea, safeguarding labour rights of seafarers, shipping industry compliance, forced labour in fisheries, protests at sea, the protection of the right to life at sea, and the securing and controlling of maritime borders. 

As the President of the ITLOS, Albert J. Hoffmann, stated in his welcome address, the issue of human rights is “...a matter high on agenda for IMO, ILO and IOM…”. 

In the keynote speech from ITLOS Judge, Professor Liesbeth Lijnzaad, the points were rightly made that the notion of considerations of humanity were, “as a norm and yardstick in the application of the Law of the Sea.” 

Professor Lijnzaad went on to say that “No-one can really be against considerations of humanity…” noting that “the norm gives a sense of direction, a relevance of the situation of human beings…[and] applications of humanity have a universal element in them.”

Human Rights at Sea Intervention

IFLOS Human Rights at Sea Talk CEO David Hammond 30 Sep 23 ITLOS Gernmany

In his intervention at the start of the roundtable, CEO David Hammond introduced the civil society element of the talk covering our NGO, its vision, standing, the context of our work, our challenges, our successes and new soft-law innovations. 

This includes the development work for a new victim-led ad hoc human rights at sea arbitration tribunal and the state-level engagement with the Geneva Declaration on Human Rights at Sea. 

In terms of our concerns, these include:

  • Impunity of flag states and commercial entities in addressing abuses under their aegis and failure to live up to Article 94 UNCLOS 1982;
  • Obfuscation of access to evidence with the use of corporate veils; 
  • Litigation threats to deliberately prevent investigations;
  • Liberal use of non-disclosure agreements preventing reporting and whistleblowing;
  • Commercial ESG whitewashing to Boards and shareholders with non-disclosable third-party audits;
  • An overall lack of enforcement at sea, which itself would otherwise act as a deterrent effect for abusers. 

In his closing, the CEO issued a call to action for the “systemic and comprehensive enforcement of fundamental human rights’ protections at sea, without exception.”

Speakers:
  • Professor Liesbeth Lijnzaad, Judge at the ITLOS, Professor Maastricht University, Netherlands.
  • Jonathan Warring, ITF, London, UK.
  • Mrs Gesa Heinacher-Lindemann, Senior Vice President and Group Compliance Officer DNVDNV-GL, Hamburg, Germany.
  • Mr Huw Thomas, 3 Pillars Seafood, UK.
  • Dr Richard Caddell, Cardiff University, Wales, UK.
  • Professor, Dr. Seline Trevisanut, Utrecht University, Netherlands.
  • Lt-Col Rodrigo Lorenzo Ponce de León, European Union Naval Force, Spain.
  • Tuukka Höijer, Head of Operational Planning Sector, Frontex, Poland.

Contact: If you have any questions, please write to us at enquiries@humanrightsatsea.org

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