Phil Schifflin, Jr., Esq.

Director, Center for Mariner Advocacy

Recently, the Center for Mariner Advocacy has been frequently assisting U.S. Coast Guard personnel who encounter mariners in problematic situations aboard foreign-flagged vessels. Although our advocacy work has mainly involved blue-water and brown-water mariners, my predecessor, Doug Stevenson, and I have previously assisted and trained Coast Guard units on mariner rights issues, such as those outlined in the Maritime Labor Convention, 2006 (MLC 2006).

In these recent cases, however, we are noticing a growing frequency with which Coast Guard personnel are inquiring about individual mariner cases and seeking guidance on how to respond. Many of the USCG personnel I speak with believe they lack the authority to take action in these situations. The reality is that they do have the authority to act, and this authority would be greatly enhanced if the United States were to become a party to the MLC 2006. Even without this power, USCG members still possess the ability to intervene. When I explain the options available to them under their existing jurisdiction, I often hear responses like, “I didn’t know that” or “I was never taught that.” While the Coast Guard trains their personnel to inspect for compliance with international standards such as SOLAS, MARPOL, STCW, and Loadlines, they could do more to adequately equip their personnel to handle issues related to mariner well-being.

To address this gap, I am developing specialized training for USCG personnel who typically encounter welfare or well-being issues, specifically the port state control inspection teams. Under my guidance, this year’s Tulane summer intern began working on this training project, and two more Tulane interns will continue the work part-time during the school year. Several Coast Guard units, aware of this initiative, have already requested the training program once it’s complete. It’s important to note that U.S. Coast Guard port state control teams interact with mariners on foreign-flagged vessels daily. By better equipping them to respond to cases where mariners are not being treated properly, we can significantly strengthen the Seamen’s Church Institute’s Center for Mariner Advocacy’s efforts to promote mariner well-being.