Maritime Labour Convention 2006 - ubak.gov.tr · 1 1 Maritime Labour Convention 2006 General...

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Maritime Labour

Convention 2006

General introduction

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International Labour Organisation (ILO) 1919 – created by the adoption of its

Constitution as part of the Treaty ofVersailles that ended World War I

1944 – adopted Declaration ofPhiladelphia, annexed to theConstitution – Charter of aims &objectives of the ILO

1946 - the ILO became a specializedagency of the newly formed UnitedNations

ILO is the only 'tripartite' United Nations agency that bringstogether representatives of governments, employers andworkers to jointly shape policies & programmes promoting DECENTWORK

ILO is responsible for drawing up and overseeing internationallabour standards

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ILO Strategic Objectives

Promote and realize standards and fundamentalprinciples and rights at work

Create greater opportunities for women and mento decent employment and income

Enhance the coverage and effectiveness of socialprotection for all

Strengthen tripartism and social dialogue

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ILO - How it worksILO accomplishes its work through three main bodies, all of which comprisegovernment, employer and worker representatives of its 182 MemberStatesInternational labour conference (2 government delegates, an employerdelegate and a worker delegate from each MS)

meets in June each year in Geneva establishes and adopts international labour standards is a forum for discussion of key social and labour issues adopts the Organisation’s budget; and elects the Governing Body

Governing Body is the ILO executive council (28 government members, 14employer and 14 worker members)

meets three times a year in Geneva; takes decisions on ILO policy establishes the programme and the budget elects the Director-General

International Labour Office is the ILO permanent secretariat and its focalpoint for ILO’s overall activities

employs 1900 officials of over 110 nationalities headquarters in Geneva; and 40 field offices around the world; 600 experts are on missions in all regions under the programme for technical

cooperation

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International Labour StandardsILO formulates international labour standards (ILS) in the form ofConventions and Recommendations setting minimum standards of basic labourrights:

Freedom of association; The right to organise; Collective bargaining; Abolition of forced labour; Equality of opportunity and treatment

and other standards addressing conditions across the entire spectrum of work-relatedissues;ILO supervisory bodies

Committee of Experts on the Application of Conventions, and Recommendations & Conference Committee on the Application of Standards)

regularly examine the application of international labour standards in ILO memberStates;Representation & complaint procedures can also be initiated against States thatfail to comply with Conventions they have ratified;Committee on Freedom under a special procedure reviews complaints concerningviolations of freedom of association, whether or not a member State has ratified therelevant conventions.

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ILO and the Maritime SectorSince its founding, ILO has had special"machinery“ for conditions of work of

seafarers: the Joint Maritime Commission, which

advises the Governing Body on maritimeissues; and

special Maritime Sessions of theInternational Labour Conference (ILC)focuisng solely on the preparation andadoption of “maritime labourstandards”

Main focus of ILO's maritime programme is the promotion ofmaritime labour standards using all of the ILO's means of action

ILO cooperates with other United Nations agencies with aninterest in the maritime field, including the International MaritimeOrganization (IMO)

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Maritime Labour Convention 2006

Updates and consolidates 68existing instruments (37 Conventionsand 31 recommendations)

Core rights and fundamentalprinciples unchanged

“fourth pillar” of the internationalregulatory regime for quality shipping,completing the key IMO conventions –SOLAS, MARPOL, STCW

Appreciation of the roleand condition of seafarers

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Living and working conditions on boarda number of ships still today

Galley, provisionstore, food

The ship is not only the working place for the seafarers butalso the place where they live

The working and living conditions on board a ship:

• impact on the performance of seafarers

• very essential for safety and quality of shipping

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Living and working conditions on boarda number of ships still today

Sanitaryfacilities

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Living and working conditions on board anumber of ships still today

Occupationalsafety and health

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Are you now convincedabout the Importance ofworking and livingconditions?

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many of the existing ILO instruments needed to beupdated to reflect the working conditions in theindustry

changes in ownership resulting in significantshifts in the labor market for seafarers.

development of consciously composed mixednationality crews – complicated relations b/nshipowners, ship managers, crew managers, laboursupplying agencies

increased internationalization of ship registriesand presence of “flags of convenience”

increased stress and complexity in the maritimework place that has an impact on the health andsocial security of workers

large number of Conventions led to problems forcompliance and enforcement and a relatively lowratification level

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Maritime Labour Convention 2006Innovative features

The no more favourable treatment clauseensures a “level playing field” and prevents theexploitation of workers

combines the “best of the old with the new”– the existing core standards & innovativeformat to achieve universals acceptance andnew approach to secure on-going complianceand more rapid updating

builds upon well - established approachesdeveloped in other major conventions in themaritime sector such as STCW and SOLAS

introduces a new system for effectiveenforcement and compliance :

a certification system for conditions of“decent work”

provides for inspections under PSC

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Underlying purposes of the MLCand flexibility for Members

To lay down in its Articles and Regulations a firm set of rights andprinciples;

To allow, through the Code, a considerable degree of flexibility in theway Members implement these rights and principles; and

To ensure through Title 5, that the rights and principles are properlycomplied with and enforced

Two main areas of flexibility:

To give effect to the detailed requirements of Part A of the Code throughsubstantial equivalence; and

By formulating the mandatory requirements of many provisions in Part Aof the Code in a more general way, thus leaving wider scope fordiscretion as to the precise action to be taken at the national level.

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Flexibility for National Governments

Substantial equivalenceWhen a flag State is not in a position to implement a particular requirement inTitles 1, 2, 3 &4 of the Convention in the manner set out in Part A of theCode, it is permitted to adopt a substantially equivalent provisions in itsnational laws, regulations or other measures.

When considering the adoption of substantially equivalent provisions, flagState must have satisfied itself that:

It is conductive to the full achievement of the general object andpurpose of the provisions of Part A of the Code; and

It gives effect to the provisions of Part A of the Code

Any substantially equivalent provisions that relate to matters that are subjectto certification must be noted in Part I of the DLMC.

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Maritime Labour Convention 2006Flexibility for National Governments

MLC 2006 – “firm on rights and flexible on implementation” Setting out the basic rights of seafarers to decent work in firm

statements; and Leaving large measure of flexibility to ratifying countries as to how they

will implement these standardsWhy is flexibility needed?

To create a level playing field and an instrument adaptable to the specificity ofeach Party

What does the flexibility imply?The repeated use of words like “adequate”; “sufficient”; “competent authoritymay permit”; “appropriate”; “suitable”; etc.

How should the flexibility be used by national governments?Through clear and precise national provisions contracting governments shallensure that obligations under the Convention are respected and properlyimplemented.

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Standards

Very Precise

To be includedinto nationalprovisions

Some flexibilitymay be possible

through«Substancialequivallence»

Generallyworded

Made precisethroughnational

provisions

Left generallyworded

Inspector has to referto the relevant section

of Code B for moreprecise guidance on

the expectations behindthat requirement

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A3.1 (6)(f)the material used to construct

internal bulkheads, panelling andsheeting, floors and joinings shallbe SUITABLE for the purpose …..

B3.1.1 (6)Where the

floorings aremade of

compositematerials, thejoints with thesides should beprofiled to avoid

crevices

A3.1 (6)(a)…the minimum

permitted headroom inall seafarers

accommodation wherefull and free movementis necessary shall be

not less than 203 cm

National Provisions

The floors are madeof the MATERIAL

“XY”

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Be a FLAG STATEin capital letters

To fulfil the commitment to give full and proper effects to theConvention

Why is it necessary to define clear and preciseNational standards?

Because of the delegation of tasks to ROs(they need precise standards to apply)

To play appropriately the role of Flag State

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1st level: Articles (16)core rights and principles

2nd level: Regulations (38)basic obligations

3rd level: A two-part Code Part A: Mandatory

Standards Part B: Non-mandatory

Guidelines (setting outtechnical details related to theobligations)

(Explanatory note – generalguidance to the Convention)

STRUCTURE

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The Convention has a “vertically integrated” structure inpresentation with the Regulations and Code (Parts A and B).

The provisions are organised under 5 Titles with a numberingsystem that links the related Regulations, Standards andGuidelines.

Title 1 – Minimum requirements for seafarers to work on aship

Title 2 – Conditions of employment

Title 3 – Accommodation, recreational facilities, food andcatering

Title 4 – Health protection, medical care, welfare and socialsecurity protection

Title 5 – Compliance and enforcement

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Regulation 1.2 – Medical certificatePurpose: To ensure that all seafarers are medically fit to perform theirduties at seaEstablishes basic principle: Seafarers shall not work on a ship unlessthey are certified as medically fit to perform their duties.

Standard A1.2 – Medical certificate(Mandatory standard, supplimenting the Regulation, requesting parties to act)

• Issued by a duly authorised practitioner• Maximum validity two years – one year under the age of 18• Attesting hearing and sighting• Colour vision if relevant (certificate can cover up to six years)• Etc.

Guideline B1.2 – Medical certificate(Non-mandatory Guideline, recommending actions to parties)

The competent authority ... should follow the ILO/WHO Guidelines forconducting pre-sea and periodic medical fitness examinations forseafarers…

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Contains the general obligationof each Party• to give complete effect to

the Convention; and• to co-operate with other

States for its effectiveimplementation andenforcement

Maritime Labour Convention 2006THE ARTICLES

General ObligationsArticle 1

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Seafarersany person who is employed or engaged or works in any capacity onboard a ship to which this Convention applies; (1.2 million seafarers,including masters, hotel staffs, etc.) – no exemptions

Shipsall ships, ordinarily engaged in commercial activities exceptfor: ships exclusively operating in inland waters, etc.; ships engaged in fishing; warships and ships of traditional build

Who or what does theMLC, 2006 apply to?

(Article 2)Scope & Definitions

tonnage limits if any are stated in each individual title, international voyages are not mentioned, inclusion of other vessels is possible through national provisions

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Is it possible to exclude: categories of seafarers or

ships? particular provisions?

Article II.6, the only provision permitting exclusion of a generalnature.

Limited to:• certain details of the Code• ships less than 200GT and• not engaged in international voyages.

This determination must be made and periodically reviewed inconsultation with the shipowners’ and seafarers’ organizationsconcerned

Who or what does theMLC, 2006 apply to?

(Article 2)Scope

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Three Levels of international responsibilities:• Flag State - shall implement and enforce laws or regulations or other

measures that it has adopted to fulfill its commitments under this Convention withrespect to ships and seafarers under its jurisdiction (Title 5, Regulation 5.1)

• Port State -may, in accordance with international law inspect a ship to whichthis Convention applies to determine whether the ship is in compliance with itsrequirements (Title 5, Regulation 5.2)

• Labour Supplying State - shall effectively exercise its jurisdiction andcontrol over seafarer recruitment and placement services, if these are establishedin its territory (Title 5, Regulation 5.3)

Implementation andEnforcement

Responsibilities(Article 5)

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Initial entry into force

12 months after registration by ILO Director-General of the ratifications from at least 30countries with a total share in the world grosstonnage of ships of at least 33%

20 August 2013

Entry into force for any otherMember State, ratifying theConventions after its initial entryinto force12 months after the ratification is registered

Article VIIEntry into force

of theConvention

Article XEffect of entry into force

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Lists the existing ILO Conventionswhich will be revised by the newConvention (these conventions willbe gradually phased-out)


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Art. XIII - Special Tripartite Committee – keeping theConvention under continuous review

Art. VII - filling a gap in tripartite consultation – if a ratifyingParty has no representative organisations of theshipowners and seafarers, decisions involving the exerciseof the flexibility are taken through consultation with theSpecial Tripartite Committee

Art. XV - accelerated amendment procedure for the Codeonly - keeping pace with developments in the industry

MORE ARTICLES

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Maritime Labour Convention 2006Advantages of the MLC 2006

A global reference on maritime labour issues

4th pillar of quality shipping (with SOLAS, STCW, MARPOL)

Strong enforcement regime, backed by a certification system

Application to all ships including those of non-ratifying Members

Improved social dialogue at all levels

Improved supervision at all levels: the ship, the company, the flagstate, the port state, and the ILO

Global and uniform compliance and verification

Improved possibilities of keeping labour conditions up to date

Permanent review of maritime labour situation

Positive impact on safety at sea and the protection of theenvironment

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For Shipowners

A more level playing field to help ensure fair competition and tomarginalize substandard operations

Will benefit from a system of certification, including acertification system possible for ships less than 500 GT, if theShipowner so requests

A more socially responsible shipping industry

A better protected and more efficient workforce

Help ensure that ships are operated safely and securely withfew problems and few delays in ports

New Convention contains minimum standards that are wellwithin the current industry practice and should easily be met bymost shipowners

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For Seafarers

A comprehensive set of basic maritime labour principles andrights as well as ILO fundamental rights

Convention spells out in one place and clear languageseafarers’ basic employment rights

Seafarers better informed of their rights and of remediesavailable

Improved enforcement of minimum working and livingconditions

Right to make complaints both on board and ashore

Clear identification of who is the shipowner with overallresponsibility, for the purposes of this Convention

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Maritime Labour Convention2006

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