The Bridge Over Trouble Waters During COVID-19: Seafarers as “Keyworkers” and the Right of Repatriation

Introduction

The COVID-19 pandemic affected all aspects of people’s lives and more precisely the aspect of their work. Undoubtedly, this has generated an international crisis. In the maritime arena, COVID-19 has dramatically interrupted its operation and generally the work of approximately 2 million people onboard globally. Specifically, more than hundreds of thousands of seafarers are currently demanding urgent repatriation as is beyond the initial agreement of their duties (Chen & Pan, 2020). For more than 17 consecutive months, many seafarers remained onboard with no access ashore and medical care, while others were on-hold for a crew change to sign-on. This may lead to physical and mental health problems like fatigue imposing decreased performance while onboard (Liao, 2020).

The maritime industry acknowledges the rise of seafarers’ significance as keyworkers in an increasingly interconnected and globalised system, especially in the world maritime trade (UN 2021). Nevertheless, the dynamic of seafarers as keyworkers vis-à-vis the right to repatriation and their importance in the global economy remains on the sidelines. The literature highlighted the fiscal benefits within the maritime market while the effect of seafarers as keyworkers on bilateral and multilateral relations in terms of regional and international stability is underexplored (Shipping, 2021).

This chapter employs two separate analytical approaches. It introduces a theoretical approach to the unseen heroes in the maritime industry derived from a critical, social constructivist tradition in international relations. Additionally, the chapter analyses the designation of seafarers as keyworkers in their various roles within the shipping industry and their right to repatriation with an emphasis on the COVID-19 pandemic., as well as the rights, obligations, and protection of seafarers under international law as applied in specific case studies.

The right of repatriation was a milestone for seafarers during the pandemic, as Governments worldwide imposed various restrictions and protocols. Since the outbreak of the pandemic in 2019, the worldwide epidemiological situation improved significantly. Nevertheless, the issues that seafarers are facing regarding repatriation and welfare onboard remain marginalised since the majority of them are exposed to various jurisdictions leading to conflict between local and international laws. This situation created a genuine humanitarian crisis breaching the fundamental human rights of seafarers. It is well known that international laws prevail over national laws, hence the imposition of a new unified international legal instrument will resolve the seafarers’ issues caused by the pandemic. The crew change crisis drove IMO to call states to recognise seafarers as keyworkers to enable them to travel without limitations always under the health and safety protocols of each state. Important questions arise from the literature such as:

• 1.

  Why seafarers cannot be repatriated?

• 2.

  Why are crew changes so vital?

• 3.

  Do seafarers have access to medical care?

• 4.

  Why is the keyworker designation so vital?

• 5.

  What does the global law state about the repatriation of seafarers?