The Maritime Authority of the Cayman Islands has embarked on the next stage of its campaign against sexual harassment and misconduct on board Cayman-registered vessels, ramping up its effort to strengthen crew welfare across the Cayman Registry fleet. The move follows their drafting of a Guidance Note, which sets out how harassment and sexual misconduct should be understood and addressed at sea.

Peter Southgate, Regional Director, Americas and Yacht Code Specialist for the Cayman Registry, said the guidance note is only the beginning of the effort to remind vessel owners, masters and crew that complaints must be taken seriously and handled properly.

"As with any support initiative, it is important to keep reinforcing the message," he said.

He added that the Registry wants industry stakeholders to understand the issues more fully, and to recognise that everyone has a part to play in stamping out harassment.

The Cayman Registry maintains a fleet of about 2,700 vessels, most of them pleasure yachts. Only about 250 are required to comply with the Maritime Labour Convention, although many other owners choose to do so voluntarily because their vessels are used for both charter and private use.

Why the Registry Targeted the Issue

Mr Southgate said the Registry had seen that sexual harassment has received attention in the commercial sector, but the culture around private yachting requires more focused messaging. He said privacy expectations among high-net-worth individuals have helped to create a level of confidentiality that makes the issue harder to address in a public way.

"While initiatives relating to sexual harassment and misconduct have received attention in the commercial sector, the privacy that high net worth individuals expect has served to promote a culture of confidentiality that requires more targeted messaging," said Mr Southgate.

The Registry wants crew members to understand what is legally regarded as sexual harassment and for victims to feel able to report it, including at sea. The guidance note defines sexual harassment as unwelcome and inappropriate sexual remarks or physical advances in a workplace, or in another professional or social setting. It says sexual assault usually involves unwanted sexual contact, often with force, threats or manipulation, and is frequently carried out by someone in a position of power.

The Guidance Note also makes clear that such conduct is a criminal matter. The Registry says the aim is not only to set out the definitions, but also to reassure seafarers that they did not have to tolerate this behaviour.

Complaints, support and enforcement

According to Mr Southgate, the guidance has been well received. He said one of the immediate benefits was greater awareness and a clearer sense of the type of conduct the Registry wants to eliminate. He added that understanding both the symptoms and implications of harassment and sexual abuse is essential if the sector is to deal with the problem properly.

"One of the positive impacts is raised awareness of the issue and clarity about the type of behaviour we are trying our best to eliminate," he said. "Having an understanding as to what types of conduct may be considered harassment or sexual abuse is fundamental to tackling this issue. We also want to provide a path for seafarers who have suffered this type of conduct to obtain the best resolution."

He said the Cayman Islands, as a Flag State, is not always best placed to deal with the aftermath of a sexual assault. For that reason, the Guidance Note points seafarers towards organisations with the specialist expertise and resources to support them. The note also explains that complaints about crew safety and welfare can be raised with the Registry’s Shipping Master.

In some cases, that could lead to an unscheduled Maritime Labour Convention inspection to look into possible breaches. For vessels not covered by the Convention, the law still allows an investigation where misconduct or negligence is suspected. The Registry also said that non-disclosure agreements cannot stop a seafarer from reporting a safety or wellbeing concern.

Mr Southgate said the Shipping Master’s role is kept separate from the Registry’s enforcement function because one is intended to secure a remedy for the seafarer while the other provides deterrence. He said the Registry’s penalties are normally directed at the master or an officer found guilty of causing injury or illness to another person.

"Our penalties are normally against the master or an officer who is guilty of causing injury or illness to another individual," said Southgate.

The position becomes more complicated if a yacht guest is involved. In that case, the vessel itself could face sanctions, and repeated failure to control the behaviour could lead to the Maritime Labour Certificate being revoked, which would prevent future charters.

"The important thing is that the seafarer gets looked after. We can ensure that happens, even if we can’t act against the perpetrator if they're not governed by our laws," Mr Southgate said. "Whilst we cannot always take action against a person not falling under Flag State jurisdiction, it is important to remember that sexual assault committed by such a person can be investigated by the Local Authorities within the jurisdiction where the incident occurs. In the case of incidents occurring in international waters, this would be referred to the Royal Cayman Islands Police Service."

Transparency and wider welfare work

The Registry said its approach is built on transparency, remediation and enforcement. Complaints raised with the Shipping Master are initially confidential, but with the seafarer’s permission the matter could then be passed to the Safety and Compliance section. Mr Southgate said it was important to keep dispute resolution separate from enforcement so that a crew member could first receive a remedy and then, where necessary, the Registry could provide deterrence for future breaches.

"The Shipping Master’s role is primarily for dispute resolution, and he does not get involved in enforcement. It is important to separate these two roles to ensure that in the first instance the seafarer can obtain the necessary remedy with the enforcement team providing the necessary deterrent for future breaches," said Mr Southgate.

He added that crew could feel confident that reports would be taken seriously. The Registry’s reports are publicly available on its website, and he said that visibility helps people see the types of incidents being dealt with. The Registry also sponsors events promoting seafarer welfare and works with organisations including ISWAN, Nautilus and ITF to support safety and wellbeing.

It also contributes each year to Yachty Minds Matter, the initiative run by Captain Kelly Gordon, which supports counselling for people who have experienced distressing situations and provides speakers for industry events. Mr Southgate said that outreach gives the Registry more opportunity to explain what support is available to seafarers.

"Word has spread over the years, and seafarers have learned that they can raise their complaint with us and it will be dealt with. This year’s concentrated inspection campaign was focused on how effectively seafarer complaints are being managed, as this is key to creating a culture of compliance, accountability and safeguarding across the fleet."