Module 7
Legal Factors in Gender-Related Issues On board
Introduction
[Link] there instances of blatant disregard og women,s right and freedom today?
Answer:YES .
Women have been fighting for their place and rights for centuries, and laws in
several parts of the world are severely lacking in providing them with an equal
ground. Their voices remain unheard as there are instances of blatant disregard
of women’s rights and freedom even today.
Q2. What are prejudice against
women? Answer:
Prejudice against women is prevalent in areas like their social roles, efficacy at
work, productivity, and marriage among others. Places of employment do not
maintain clear standards of recruitment, termination and pay.
Gender sensitization brings with it the concept of ‘equality’. Equality
emphasizes that all should be treated with the same standards. While this is a
noble way to live, it often blinds us to reality. It also blinds us to the preceding
obstacles, prejudice, and struggles women face to reach where they are. When it
becomes clear that two individuals did not start at level 0, we need to employ
equity instead of equality.
Substantive equity in law takes into account the economic, social and
educational differences one may have. Instead of equality of treatment,
substantive equity focuses on equality of outcome. This ensures that people with
able bodies and disabled bodies have equal representation before the law. This
ensures that women who have faced multitudes of discrimination and prejudice
more than their male counterparts have an equal representation before the law.
Our society needs to undergo a change by evaluating our attitudes and
behaviour towards women. We need to reflect on what we think happens and
what happens. Several nations have implemented laws, policies, and started
organizations to safeguard women’s rights, opportunities, and their freedom.
Organizations started by women give this population a platform to share
concerns and discuss prevalent issues.
[Link] Recognition of Women Seafarers’ Rights and Regulations for
the Gender Sensitivity. Explain.
Answer:
United Nations and Gender Sensitivity
On 10th December 1948, the United Nations passed the notion of Gender
Equality under the Universal Declaration of Human Rights. The milestone
marked all human beings as born free and equal regardless of their race, gender,
colour, language, religion, status, and others. The United Nations declared 1975
as the International Women’s Year and subsequently the years 1976–1985 as
the UN Decade for Women.
The Commission on the Status of Women (CSW) established in 1947 is the
primary governing body that is dedicated to the promotion of women’s welfare
and safety. They set guidelines and global standards for gender equality and the
empowerment of women.
Seventeen new gender-related Sustainable Development Goals (SDGs) and 169
targets are set to be achieved by the year 2030.
The Covid-19 pandemic severely affected women’s livelihood and progress,
with several not having recovered yet from the losses:
- 55% of mothers with newborns received no maternity cash benefits.
- Women’s food insecurity levels were 10% higher than men’s in 2020.
- Half of all refugee girls enrolled in secondary school before the pandemic
will not return to school.
- During the pandemic, women with children at home spent 31 hours per
week on childcare.
- The number of employed women declined by 54 million in 2020 and 45
million women left the labour market altogether.
- Only 4% of clinical studies on COVID-19 treatments considered sex
and/or gender in their research.
- Only 29% of featured speakers at international ocean science conferences
are women.
- Only 1 in 4 parliamentary seats are held by women. In conflict-affected
countries, women’s representation is even lower.
- 245 million women and girls aged 15 years and older were subjected to
sexual/physical violence and the number has only increased during the
pandemic.
- There is still a substantial gap in income between men and women
holding the same position.14,15,16The CSW reviews the Beijing
Declaration and Platform of Action every 4 years and reinstates themes to
promote the economic and social development of women.
The priority theme set for the 65th session in 2021 was ‘Women’s full and
effective participation and decision-making in public life, as well as the
elimination of violence, for achieving gender equality and the empowerment of
all women and girls.’
In 1979, the UN General Assembly adopted the Convention on Elimination of
All Forms of Discrimination against Women (CEDAW). This convention is
also referred to as the International Bill of Rights for Women.
The 30 articles included in this convention are aimed at:
- Increasing women’s participation in strengthening international peace and
security.
- Declaring International Women’s Year.
- Equality between men and women and eliminating discrimination against
women.
- Improving women’s economic status so as to increase their participation
in developing their own nations.
Article 11 in the CEDAW states the elimination of all discrimination against
women in their workplace by ensuring equality of men and women, upholding
their rights, freedom of choice, right to equal benefits, health and safety; and
prohibition of discrimination based on maternity or marital status. Article 13
focuses on eliminating discrimination against women in their economic and
social life.
Office of the Special Adviser on Gender Issues and Advancement of Women
(OSAGI), an organization operating under the United Nations, laid down some
guidelines for gender sensitization. Their research showed four major factors
which contribute to the reduced female workforce:
- the hostility of the workplace culture;
- a sense of isolation as being one of the few, or the only, females in the
team;
- extremely demanding tasks with long work weeks and a tedious travel
schedule; and
- lack of sponsors for career advancement.
The actions to implement bridge the gap the same stated:
- Provide counselling to staff and management, ensuring that all gender-
relevant policies are implemented and respected by management and staff
alike.
- Analyse and strengthen gender aspects of systematic exit questionnaires
and other questionnaires using the input for policy
formulation/modification and for the design of a more targeted strategy to
retain qualified women.
The UN established the concept of Gender Equality that reflects a commitment
to the equality of men and women in all aspects of human endeavour. The
Universal Declaration of Human Rights also states that there can be no
distinction or discrimination based on gender (Articles 217 and 2318).17
United Nations for Seafarers
The United Nations held its first Convention of the Law of the Sea (UNCLOS)
in 1956 and had 167 countries and the European Union under it as of 2016. This
ruling body determines the general rules and responsibilities of the States in
different maritime zones. The UNCLOS, in accordance with the UN Charter
(Articles 815 and 10116) enforces the principles of justice and equal rights,
promoting economic and social growth of all. It also enforces the protection of
women’s rights and gender equality.
Prejudice against women has been a persistent trend across decades. While
several global organizations, movements and non-profit organizations are
attempting to change this scenario, the maritime industry continues to be a
largely male-dominated and male-oriented sector.
The number of women seafarers have risen in the last decade or so, but not so
much in the Cargo Ships. According to the BIMCO/ ICS report in 2021, women
make up only 1.28% of the total global seafarers’ workforce. And according to
the data provided by the ITF, 40% of women seafarers are employed in the
cruise sector.18 While this shows growth in the number of women seafarers,
there still is a long way to equality in this area. This male-dominated industry
poses several risks to women interested in joining the workforce, some of which
are:
- Being susceptible to various types of discrimination because of there
being a lower number of females.
- Issues in applying to academies and companies, with several denying
them education and employment.
- Facing prejudice from shipowners based on their gender.
- Absence of adequate facilities on board for women seafarers like proper
uniforms or medications.
- Sexual harassment and abuse while at sea.
The two most important specific obligatory agreements in the maritime industry
are:
- IMO International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers (STCW) (1978).
- ILO Maritime Labour Convention (MLC) (2006).
These conventions did not prioritize women’s equal rights and employment
opportunities at the time of their conception. Later during revisions and
amendments, articles for the same were added.
For instance, the Manila Amendment of STCW (2010) stated in Resolution 14
‘Promotion of the participation of women in the maritime industry.’
It encouraged States to:
- to give special consideration to securing equal access by men and
women in all sectors of the maritime industry; and
- to highlight the role of women in the seafaring profession and to
promote their greater participation in maritime training and at all
levels in the maritime industry.
The International Maritime Organization (IMO) formed in 1948, encourages
enrolment of women in seafaring through the programme ‘Women in
Maritime’, with the slogan 'Training-Visibility-Recognition'.
The IMO’s gender programme was started in 1988 and aims to attain the 17
SDGs by 2030.
The IMO also has the following gender-specific fellowships to encourage more
women into this industry:
- Women in Port Management course, Galilee International Management
Institute (GIMI), Israel
- Courses on Women in Port Management,
L’InstitutPortuaired’Enseignement et de Recherche (IPER), France
- AtoN managers courses, International Association of
Marine Aids To Navigation and Lighthouse Authorities
(IALA), France
Eight Women in Maritime Associations (WIMAs) have been established under
the IMO’s guidelines. These organizations give women seafarers a platform to
discuss gender gaps, cultural stigma, barriers, and technical issues among
others.
The World Maritime University (WMU) in Malmo, Sweden has seen a steady
increase in female graduates. The University has a Women’s Association that
works to connect female seafarers.
The IMO International Maritime Law Institute (IMLI) in Valletta, Malta was
the first UN body to mandate 50% reservation for women.
Maritime Labour Convention (2006)
The Maritime Labour Convention (2006) was amended to take into account the
needs of women onboard and their working conditions. For example, it requires
separate sleeping rooms and sanitary facilities to be provided for men and
women (Standard A 3.1).
Article 3 of the MLC (2006) states Fundamental Rights and Principles which
guarantees freedom to all and elimination of discrimination in respect to
employment and occupation.
Article 4 asserted the right of every seafarer to:
- a safe and secure workplace that complies with safety standards.
- a right to fair terms of employment.
- a right to decent working and living conditions onboard ship.
- a right to health protection, medical care, welfare measures and other
forms of social protection.
The MLC (2006) also guarantees equal remuneration for work of equal value to
all seafarers irrespective of their race, colour, sex, religion, political opinion,
national extraction or social origin.
Shore-based welfare facilities are also made available to all seafarers, should
they need it, without any discrimination based on their gender, among other
things (Standard A4.4).
Indian Regulations for Women Seafarers
According to the Global Gender Gap Index Report 2020, India ranked 112 out
of 153 countries. This gap encompasses economic participation and
opportunity, education, health, survival, and political empowerment.
The Government of India developed various schemes and programs to empower
women such as Beti Bachao Beti Padhao (BBBP), Mahila Shakti Kendra
(MSK), Working Women Hostel (WWH) among others. Several educational
grants and scholarships, special reservations, and schools have been started to
reduce the gap in women’s access to education.
Indian Constitution and Gender Sensitivity
The Constitution of India, the supreme law of India, established in 1950,
demands no discrimination based on gender, race, religion, or caste among
others.
Article 14 of the Indian Constitution states Equality before Law which
guarantees equal rights and protection from the state irrespective of one’s
gender.
Article 15 bars any discrimination based on gender, religion, race, caste, etc.
Article 16 enforces equal opportunities for employment for all citizens.
Article 39 (d) emphasizes equal pay and work for both men and women.
The Indian government has also enacted legislations for women empowerment
such as:
- Right of Children to Free and Compulsory Education (RTE) Act, 2009
- The Criminal Law (Amendment) Act, 2013
- The Protection of Women from Domestic Violence Act, 2005
- The Dowry Prohibition Act, 1961
- The Indecent Representation of Women (Prohibition) Act, 1986
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
- The Prohibition of Child Marriage Act, 2006
- The Equal Remuneration Act, 1976
- The Maternity Benefit (Amendment) Act, 2017
The Government of India also mandates 33% reservation for women in local
government bodies through its 73rd and 74th Amendment of the Constitution.
Vishaka Guidelines
After a shocking event in Rajasthan where a social worker was brutally
gangraped for preventing child marriage, and her rapists walked free, the lack of
safety guidelines for women became glaringly obvious.
There was an urgent need to lay down detailed guidelines that safeguarded a
woman’s health and sexuality at the workplace. Definitions, acceptable and
unacceptable mannerisms, language, conduct, and process of complaint
redressal were required. This guideline was strongly rejected and faced a lot of
protests but was fully established in 1997 by the Supreme Court of India.
According to the Vishaka guidelines, employers of the organization are
responsible for safeguarding their female employees. They are expected to
conduct their company in a way that sensitizes their staff and prevents instances
of sexual harassment. It defines sexual harassment as an unwanted sexual
determination that is directly or impliedly intended to cause the following:
1. Physical contact or advances
2. A demand or request for sexual favours
3. Sexually coloured remarks
4. Showing pornography
5. Any other unwelcome conduct whether it is physical, verbal or non-
verbal
The following areas are outlined in these guidelines:
‐ Managing complaints
‐ Transparency and confidentiality of the process
‐ Guidelines to form Internal Complaints Committee
‐ SimplifyingSexual Harassment of Women at Workplace Act 2013
‐ Analytics
‐ Training to prevent future instances
The Vishaka Guidelines have made way for the reformed Sexual Harassment of
Women at the Workplace (prevention, prohibition and redressal) Act, 2013.
Kudumbashree
The State Government of Kerala launched a program called Kudumbashree
(1997) under its State Poverty Eradication Mission. Kudumbashree is the largest
women network in Asia which focuses on women empowerment, gender
sensitivity, and gender equality. It works in a three-tier system –
Neighbourhood Groups, Area Development Societies, and Community
Development Societies.
Law and legislations have been repeatedly amended to clarify terminology,
definitions and boundaries. This is proof that discrimination and crime are
prevalent against women even today. In 2012, the National Crime Records
Bureau of India reported a crime rate of 46 per 100,000. The numbers have
steadily increased in the last couple of years as many were homebound during
the pandemic.
What often stops women from reporting the atrocities committed against them
is not the lack of system or infrastructure, but society’s approach towards such
situations and the accompanying stigma. Women who report crimes against
them face repercussions, often more than their perpetrators. Domestic or marital
abuse is treated as ‘family business’ and women are often denied a fair
representation and redressal.
Women at workplaces face the constant fear of being harassed by their male
counterparts, promotions and accolades being withheld, and reduced pay. On
reporting workplace harassment, these women are often never promoted or
asked to leave the company with compensation. They are seen as victims, as a
traitor in a team, or as a trouble maker. So besides undergoing such a traumatic
experience, the victim is also subjected to an uncertain career and poor work
environment. Such crimes are underreported which results in an underdeveloped
redressal system.
It is these subsequent factors that often discourage women from reporting a
crime. They either choose to live with it or avoid the situation altogether. Such
maladaptive coping patterns lead to pent-up aggression, frustration,
disappointment, and dejection. The #MeToo movement in 2017 was an eruption
of these bottled feelings in women across the globe. It was an attempt by
women to show the reality that their gender faces. However, this movement
caught a lot of backlash such as people asking:
‘Why didn’t she report this crime when it happened?’
‘Why bring this up now?’
‘This is a deliberate attempt to ruin someone’s image.’
It is this very mindset that prevents women from coming forth or fighting back.
They feel their efforts will be wasted. It is an entire generation’s responsibility
to change this and not subject half the population on this planet to such pain and
atrocities.
The International Women Seafarers Foundation (IWSF, 2017) was founded
under the Mumbai Public Trust Act by Captain Radhika Menon, Chief Engineer
SuneetiBala, and Ms Sharvani Mishra, who became the first female engineer
onboard an Indian flagship.
This non-profit organization worked with the Directorate General of Shipping in
India to prepare the DG Notice No. 7 of 2019, which stated the first set of
guidelines for the employment of women seafarers in India.
The DG SHIPPING GUIDELINES Notice No. 07 of 2019
After reviewing the mandates by MLC (2006) and Resolutions in STCW, the
Directorate General of Shipping in India laid down some guidelines that outline
the rights of women seafarers. This is an attempt to promote the number of
women in the industry, safeguard and promote their rights, ensure their well-
being, and encourage their career growth in the industry.
The Notice defines 'Sexual Harassment' as The Sexual Harassment of women at
the workplace (Prevention, Prohibition and Redressal) Act, 2013, as amended
and includes anyone or more of the following unwelcome acts or behaviour:
(whether direct or by implication), namely:
- physical contact or advances;
- a demand or request for sexual favours:
- making sexually coloured remarks;
- showing pornography;
- any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
Title 1 of the DG Shipping Notice eliminates discrimination at the recruitment
and placement level. It bars any bias based on gender when allocating wages
and promotion opportunities. The appraisal officer must follow this during their
procedure.
The Notice follows the Maternity Benefit Act, 1961 to provide maternity leave
for female seafarers. If pregnancy is detected on board, that seafarer must be
repatriated at the earliest. Upon her completion of the maternity leave, she must
be reinstated immediately and at least at the same rank as when she signed off.
If pregnancy is detected outside of employment, she should be reinstated after
the completion of a maternity break of up to 24 months. It’s the woman
seafarer’s responsibility to apprise the shipowner of her date of re-joining.
Pregnant women seafarers may also be given onshore duties and employment
opportunities, should they be deemed medically advisable.
The sanitary needs of women seafarers must be met by shipowners. Sanitary
napkins and proper disposal means must be present on board. Further, there is
also an emphasis on seafarers being informed on the procedure for disposing of
sanitary napkins. Medications with Mefenamic acid and dicyclomine and
Tranexamic Acid must be in the Medicine Chest for any menstrual cramps or
severe bleeding.
Title 2 covers the broad topic of sexual harassment. The Notice asks all on
board complaints to be resolved fairly and effectively on board itself as much as
possible. Procedures and guidelines set by the MLC (2006) must be followed to
resolve such issues. The Notice has provided guidelines on how to form a
Shipboard Enquiry Committee. Complaints must be given to them in writing
which need to be addressed in 7 days.
The Directorate General of Shipping e-governance site has also provided an
online forum 'Grievance report for female seafarers’ where complaints can be
registered. If there are any unresolved complaints, the 'Complaints Committee’
onshore must be addressed and the issue must be resolved in a definite timeline.
This Complaints Committee should include two senior women seafarers.
The complainant is only allowed to leave the ship if her safety is at risk or if the
Shipboard Enquiry Committee decides.
Onshore, the law to be followed is The Sexual Harassment of Women at
Workplace (Prevention, prohibition, and redressal) Act, 2013.
The rights and security of the job of the complainant should be safeguarded.
It is the shipowner’s responsibility to provide a person of contact onshore for
such redressal. It is also their responsibility to prevent such instances of
harassment on their ship.
Title 3 establishes guidelines for gender sensitization on board. Regular training
should be undertaken on board. All seafarers must go through onshore training
before they join a ship. They must be sensitized to gender diversity and the
ship’s management should also mention this once the seafarer joins the ship.
Shipowners can also prepare training modules to prevent sexual harassment
which outlines concepts including appropriate clothing, pornography and
similar literature, appropriate language, etc.
Redressal of Complaints
The International Transport Worker’s Federation (ITF) has provided multiple
online portals where you can find the nearest ITF inspector and seek redressal.
The first ITF inspector was appointed in 1971 and today this has expanded to
more than 140 inspectors in over 120 ports. These English-speaking officers are
20[Link]
usually ex-seafarers who conduct regular checks of ships docked in their port.
Some of their duties include:
Inspect a ship for problems related to employment and living conditions.
Advise what the legal possibilities are for resolving a particular problem
in that port/ country.
Apply pressure on a shipowner to resolve shipboard problems.
Act as a representative for the crew in contractual disputes.
Every seafarer on international waters has the right to free translations and
interpretations. They must be explained their legal rights and then be allowed to
make an informed decision on seeking legal representation.
According to Article 5 in the MLC (2006), seafarers have the right to complain
directly to their master, shipowner, or even external authorities. 21,22. They have
the:
Right to be accompanied or represented during the complaints procedure,
Right not to be victimized for filing a complaint,
Right of confidentiality throughout the process, and
Right to seek redress for complaint using whatever legal means the
seafarer considers appropriate.
Every ship must have its on board complaint procedure which must be provided
to every seafarer on board. An appointed seafarer must integrate everyone on
this procedure. Every complaint must be written and its proceedings are
recorded methodically.
According to the guidelines given by MLC (2006), the ITF has presented a
flowchart for redressal of complaints.