When illegal narcotics are discovered aboard merchant vessels, the consequences for innocent seafarers can be devastating. Despite international guidelines recently agreed jointly by two UN agencies, designed to protect their rights, seafarers continue to face arbitrary detention, prolonged imprisonment in foreign jurisdictions, and separation from their families – sometimes for years – whilst authorities investigate crimes, they had no part in committing. The disconnect between international commitments and ground-level reality represents one of the most pressing human rights challenges facing the maritime industry today.

The IMO/ILO Guidelines on the Fair Treatment of Seafarers Detained in Connection with Alleged Crimes were adopted in 2025 to serve as a reference tool for safeguarding fundamental rights. These guidelines reinforce the presumption of innocence, prohibit arbitrary detention, and establish clear procedures for how coastal states should treat seafarers during investigations. Yet the International Chamber of Shipping (ICS) continues to document troubling cases where these protections are ignored.

In recent examples, seafarers have been detained for up to two years in foreign countries without adequate translation services, separated from families on the other side of the world, and denied the opportunity for financial security to be posted for their release on bail pending conclusion of any investigation or judicial process – a provision explicitly outlined in the Guidelines. During extended incarcerations, these seafarers have missed critical family milestones and experienced severe deterioration in both physical and mental health. Their only “crime” was being aboard a vessel when illegal narcotics were discovered – often hidden by criminal networks exploiting global shipping routes.

The fair treatment of seafarers should always be urgent, but current industry dynamics make it critical. Following changes to the Maritime Labour Convention agreed in April 2025, seafarers will be designated as key workers in recognition of their vital role in global trade. However, the forecast growth in the world merchant fleet over the next decade will likely exacerbate an existing shortage of qualified officers. The industry faces significant recruitment and retention challenges that will require concerted efforts in career promotion, enhanced maritime education, and improved working conditions. Continued unfair treatment of seafarers – particularly in high-profile drug trafficking cases – will only deepen this crisis. Why would talented individuals choose a career where they risk years of imprisonment in foreign jails for crimes they didn’t commit?

Leyla Pearson

Port states have legitimate security concerns regarding drug smuggling, and these cannot be dismissed. The solution, however, requires a change of mindset and a more sophisticated approach than treating seafarers as willing accomplices in the smuggling of illegal narcotics by sea. The problem of illegal narcotics is a global societal challenge requiring long-term, coordinated policies to tackle supply and demand. Port states should ensure effective oversight of ISPS Code shoreside compliance and collaborate with unions, stevedores, freight forwarders, and shipowner associations on preventive measures appropriate to each port’s risk profile. These efforts must be coupled with clear connections to domestic, regional, and international intelligence agencies engaged in combating drug trafficking – organisations such as UNODC, the EU Drugs Agency, WCO, and MAOCN. The ICS Guide on Drug Trafficking and Drug Abuse on Board Ship (2025-2026 Edition) provides detailed coverage of maritime regional drug trafficking cooperations and available resources worldwide.

The IMO/ILO Guidelines provide a roadmap for what appropriate responses should look like when narcotics are discovered aboard vessels. Fair treatment means presumption of innocence until proven guilty through proper legal process, evidence-based charges rather than detention solely because of someone’s position aboard the ship, and swift, fair investigations conducted without coercion, intimidation, or abuse. It means due process guarantees including adequate interpretation, translation services, consular access, protection from arbitrary detention with deprivation of liberty only on lawful grounds following established procedures, and timely repatriation once seafarers are no longer required for investigation or insofar as national laws allow through posting of financial security pending the outcome of any investigation or judicial processes.

Seafarers work in uniquely challenging circumstances, far from home for extended periods, calling at multiple ports across different jurisdictions with varying languages and legal systems. These conditions are necessitated by the global economy’s dependence on maritime trade. Yet detaining authorities often ignore this reality, leaving seafarers isolated in foreign countries throughout investigations or trials. The guidelines recognise these unique circumstances and provide that once interviewed or otherwise not required for an investigation, seafarers should be permitted without undue delay to re-embark or be repatriated. When appropriate, a process allowing repatriation upon posting financial security should also be made available. It is disappointing that applications for repatriation continue to be refused by coastal states in many cases.

There are some encouraging signs of progress. The industry has increased its focus on both preventive measures against drug smuggling and concerns about seafarer detention. Stakeholders are engaging more collaboratively on these interconnected issues. However, concerns remain as although maritime officials express support for the guidelines, detaining authorities, prosecutors, and judiciary within the same government seemingly disregard them when cases arise, perhaps due to lack of awareness. This disconnect reveals a critical gap in understanding and coordination within administrations.

If one common practice could be reformed, it would be ensuring that detention and charges are always evidence-based and that the presumption of innocence is genuinely, and always, upheld. Crucially, authorities must give due consideration where appropriate to, allowing seafarers to be repatriated upon posting financial security pending investigation or judicial resolution. Greater promotion and understanding of the guidelines across entire government administrations is essential, not just within maritime or transport departments. ICS has begun discussions with industry partners to improve awareness among officials with oversight of drug trafficking investigations.

The guidelines were developed and adopted by states to be applied in exactly these circumstances. Although guidelines they reflect fundamental human rights already established in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The maritime industry cannot solve the global drug trafficking crisis alone, nor should it be expected to do so. But states can and must ensure that their legitimate security interests don’t come at the cost of fundamental justice for innocent seafarers.

Every day of unjust detention represents not just a personal tragedy for the seafarer and their family, but a stain on the international system that depends on these essential workers. As the industry faces growing crew shortages and seeks to attract the next generation of maritime professionals, fair treatment isn’t just a matter of principle, it’s a necessity. The guidelines exist, the principles are clear, and what’s needed now is the political will to ensure they’re applied consistently, everywhere, every time.

The ICS Guide on Drug Trafficking and Drug Abuse on Board Ship (2025-2026 Edition) provides comprehensive guidance on preventive measures, regional cooperation frameworks, and fair treatment principles. For more information, visit https://www.ics-shipping.org/publications/drug-trafficking-and-drug-abuse-on-board-ship-2025-2026-edition
Source: By Leyla Pearson, Senior Manager, Legal, at The International Chamber of Shipping