Shore leave to seafarers and the port authorities

Need legal advice regarding shore leave - If vessel's FLAG and the port of call both have ratified MLC, what options are available if a private terminal in that port refuses shore leave


U mean, the government of the country where you port of call is situated,
Because otherwise, You contradict by saying that the Port is refusing you the shore leave...

Port's internal security assessment must reveal to its own Country's government of its inability to conform to the Laws due to security-related issues ...
And once such an assessment has become public, then the Charterers and the Owners of the vessel must charge premium freight for carrying cargo to a high-risk port !!


 The premium freight, so charged by the charters and the ship owners must then pass the benefit to the ship's crew in the form of allowance for high-risk port duties!


It is time we don't let Security and the MLC convention to become a mere paper-issue, such that any random port authority may just call out their port to be high-risk by MERE DECLARATION without doing the needful to fulfil their DUTIES arising from the MLC Convention ratification.
The Port is having an easy way out to not to regard the MLC Convention with sincerity BECAUSE there is NO COST for not conforming to it, WHILE there is an easy way of MERE DECLARATION of security-issues to get rid of their duties to conform to the ratified law


Since the MLC Convention makes the shore leave to seafarers a right, therefore the ShipOwners must be made duty-bound to announce to each seafarer at the time of his signing-on if the ship is making port calls of such ports where Shore leave is prohibited,
So that the seafarers may choose whether they are willing to visit the high-risk ports or NOT,
AND if they volunteer to do so, then, accordingly the Allowance must be paid.
Let me inform you all that that YOUR RIGHT to WILLINGLY  join a ship which goes to high-risk port/areas
Is RECOGNIZED separately and above the RIGHT to receive compensation for your service in such a high-risk area.
Simply told, It is like LLOYD'S OPEN FORM:-
You first choose whether you want to take-up such a voyage or not
AND THEN, IF you do VOLUNTEER, then you further accrue a RIGHT TO COMPENSATION for your services in such a HIGH-RISK area.


The ShipOwners play a trick with the legally not-educated seafarers,
Instead of themselves declaring whether their ship is likely to visit the high-risk ports/areas,
They MAKE THE SEAFARERS sign a DECLARATION DOCUMENT that the seafarer is WILLING of his own choice to join the ship and go whichever area/port she goes and to conform to the port regulations !!

The cheating game, u see...


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