Transcript The Draft Consolidated Maritime Labour Convention: a

The Consolidated Maritime Labour
Convention: a refresher
Jean-Yves Legouas
Former Senior Maritime Specialist
International Labour Office
Highlights of the Convention
Objectives of the Consolidated Convention
• All-encompassing single instrument
• Incorporating as far as possible all maritime and other
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relevant standards
Easily updateable
Draft in easily understandable language
Achieve widest possible acceptability
Easily monitored and enforced in order to establish level
playing field
Articulation of the Convention
Title 1 Minimum requirements for seafarers to work on a
ship
1. Minimum Age
2. Medical certificate
3. Training and qualifications
4. Recruitment and placement
Articulation of the Convention
Title 2 Conditions of employment
1. Seafarers’ employment agreements
2. Wages
3. Hours of work and hours of rest
4. Entitlement to leave
5. Repatriation
6. Seafarers’ compensation for the ship’s loss or foundering
7. Manning levels
8. Career and skill development and employment opportunities for
seafarers
Articulation of the Convention
Title 3 Accommodation, recreational facilities, food and catering
1. Accommodation and recreational facilities
2. Food and Catering
Title 4 Health protection, medical care and social security protection
1. Medical care on board ship and ashore
2. Shipowners’ liability
3. Health and safety protection and accident prevention
4. Access to shore-based welfare facilities
5. Social security
Articulation of the Convention
Title 5 Compliance and Enforcement
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Flag state responsibilities
Port state responsibilities
Labour supplying responsibilities
Appendices
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3.
Areas of inspection by flag states on certification
Maritime labour certificate and Declaration of maritime labour
compliance
Areas of inspection by port states
Novel aspects of the Convention
• A single instrument covering all issues
• A set of principles and rights on employment
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and social protection for seafarers
A simplified amendment procedure
A Tripartite Maritime Committee in the ILO
A strong enforcement regime, backed by a
certification system for compliance with the
Convention
No more favourable treatment clause for ships
of non-ratifying Members
Expected impact on the industry
• Global instrument to be 4th pillar of quality
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shipping (with SOLAS, STCW, MARPOL)
Should enter into force with support from major
shipping states to establish basic decent
employment and social conditions for all
seafarers
No more favourable treatment for ships of nonratifying States
Will become reference for all seafarers and
shipowners
Expected impact on the industry
Will become a global instrument for 3 reasons:
• Tripartite support (Governments, Shipowners,
Seafarers) has been overwhelming throughout
preparatory work
• Substantive provisions are acceptable by all
parties
• Certification system will ensure that Convention
applies to all ships giving protection against
unfair competition and promoting an even
playing field
Expected impact on the industry
Improved social dialogue in the industry:
• Ratification and application will encourage
consultations with social partners at national
level
• Review of application at international level will
result in more participation of national
organizations at the international level
• Increasing tripartite approach for a more
socially responsible industry
Expected impact on the industry
Improved enforcement:
• Seafarers better informed of rights and
remedies, simplification of international
requirements
• Better supervision at several levels: the ship, the
company, flag state inspections, port state
inspections, the ILO.
• Global uniformity to facilitate compliance and
inspections
• Simplified amendment to enable further
improvement
Follow-up after adoption by the
International Labour Conference
• Preparation of guidelines for inspectors
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both flag states and port states
Preparation of materials for
dissemination of information and for
training of interested parties:
government officials, shipowners,
seafarers, classification societies
Inclusion in port state control MOU’s
Conclusions
• Convention is fruit of long discussions, a
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consensus on difficult issues
It is evidence of the maturity and social
responsibility of the shipping industry
In 2001 the Joint Maritime Commission adopted
the so-called “Geneva Accord”
In 2006 the new Convention opened a new era
for the shipping industry
The successful adoption and implementation of
the Convention will be dependent on the
effectiveness of the tripartite consensus between
Governments, Shipowners and Seafarers in the
ILO and in member states