Malaysia's Response to Seafarers' Access and Rights Amid COVID-19

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Malaysia recognizes seafarers as key workers and ensures their rights and access during the COVID-19 pandemic. All seafarers can conduct crew changes and receive medical assistance in Malaysian ports regardless of nationality or ship flag. Policies and practices are in place to protect seafarers' well-being, including dedicated quarantine centers, support from the National Seafarers Union, and assistance from the Central Mercantile Marine Fund. Restrictions on crew changes from certain countries are implemented to manage COVID-19 risks.

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MALAYSIA: Intersessional Discussion on COVID 19: Responses of ASEAN Member States to Seafarers Access to Crew Change, Repatriation, and National Vaccination Programmes Mr. Nurrul FAIZ Marine Dept. Malaysia

20 Aug 2013 In force Total ships registered 15 Dec 2016 Law Gazetted 5,200 FLEET & MLC Total tonnage Major ports 7 12.5 million 18 Local thousand seafarers Stats: Jan 20 Source: Marine Dept. Malaysia MALAYSIA MALAYSIA

1. SEAFARERS, AS KEY WORKERS

COVID-19: Recognizing Seafarer as Key Workers Crew Change: Open to ALL ship for ALL crew at ALL ports (since May 2020) Medical Assistance: Open to ALL ship for ALL crew at ALL ports (since June 2020) COVID-19 case hospitalization: Irrespective of nationality and ship s flag full medical access Seafarer Certification: Automatic short extension period of SID, COC, and COP + Online Class Learning

1. Malaysia recognizes seafarer as KEY WORKERS. 2. ALL seafarers are ALLOWED to carry out crew change activities at any Malaysia port irrespective of their citizenships or their ship s flag since May 2020. 3. Seafarers irrespective of their citizenships or ship s flag may request at any time for a MEDICAL EVACUATION & TREATMENT at any ports in Malaysia. *Taking into consideration of the latest public health & National Security Council order in relation of sudden high spike of COVID-19 new varriance cases in Malaysia: ships entering Malaysia ports from India, Sri Lanka, Nepal or Pakistan within 14 days is PROHIBITED to do crew change except Malaysian off-signers.

2. POLICIES & PRACTICES: PROTECTING THE SEAFARERS RIGHTS

1. Malaysia has a dedicated SEAFARERS QUARANTINE CENTER for ships crew entering/departing the country via the Kuala Lumpur International Airport including a special lane at all major ports for them to get health screened. 2. Our ITF-affiliated NATIONAL SEAFARERS UNION in collaboration with the Marine Department Malaysia are playing an active role in supporting medical needs, provisions and repatriation. 3. The Central Mercantile Marine Fund (CMMF) of Malaysia is openly receive any Malaysian seafarers requests especially in financial assistance and medical needs at any time especially during COVID-19 pandemic. 4. There is no restriction for agents and Union to send PROVISION AND PERSONAL NEEDS to the ship at berth or anchorage area.

5. An AUTOMATIC EXTENSION of the seafarer documentation in accordance to the national and international requirements. 6. Malaysia allows any ships irrespective of their flag to LAY-UP TEMPORARILY in Malaysia water for any further assistance requested especially repatriation of the crew. 7. In collaboration with foreign consular offices in Malaysia and flight/ferry charterers, REPATRIATION of stranded ship crew is carried out actively.

3. INSTITUTED PROGRAMMES

1. The Central Mercantile Marine Fund (CMMF) is established since 1984. 2. The automatic extension of seafarer documentation was in forced on 1 December 2020. 3. Malaysia has included Malaysian seafarer to be prioritized in the National COVID-19 Vaccination Programme on February 2021. 4. Collaborative partners for the repatriation of stranded ship crew have been in place since April 2020. 5. Established a public hotline for supporting the MENTAL HEALTH condition/consultation which handled by the Ministry of Women, Family and Community Development.

MLC: Some Initiative Programmes 2017: 2021: Foreign Officers customized online training prior joining Malaysia flagged ship Revisiting Official National Collective Bargaining Agreement (CBA) 2022: Mental Health mandatory national curricular syllabus in COC courses 2021-2025: Seafarer Centres and Drop- Off Points at major ports (current: 2 ports)

4. CHALLENGES & BARRIERS

1. Quick CORRESPONDENCE/ACTION from the foreign ships flag competent authority for investigating crew wages, rights and medical issues. 2. Seafarer vaccination: difficulties in scheduling seafarers for the VACCINATION APPOINTMENT due to the health authority requirements of the first and second dose of vaccines. 3. There is no standardization of SEAFARER DOCUMENTATION EXTENSION during this exceptional circumstances by the IMO Member States. 4. Movement/lockdown pandemic restriction: the assurance of reliability for Malaysia seafarers and Malaysia ships crew in revalidating their Medical Examination Certificate by UNRECOGNIZED MEDICAL PRACTITIONERS abroad. 5. Positive COVID-19 cases of foreign seafarers from foreign flagged ships in Malaysia water: DEVIATION & DIVERSION to available ports.

RECOMMENDATIONS

1. Repatriation / seafarers rights: Establishing regional/international cooperation correspondence group among MLC Competent Authorities ensuring effective and efficient actions. 2. COVID-19 suspects onboard: Relaying health information and precautions of all the suspected/explicit symptomatic ship crew to the ship s next port of call. 3. Seafarer vaccination: Promote and implement the single-dose vaccination to all maritime keyworkers including seafarers and port workers. 4. Medical Examination Certificate: Guided by the recommendation of any established/recognized International Medical Associations to increase realibility/integrity of the seafarers medical certificates. 5. Seafarer documentation/certification: provide a standard of internationally recognized extension/equivalent method in relation to regional/national exceptional COVID-19 situations and restrictions.