Legal Issues and Mandates in Maritime Administration

download report

Transcript Legal Issues and Mandates in Maritime Administration

ILS CONFERENCE –
MARITIME LABOUR CONVENTION
Implications for
Maritime
Administrations as
a Flag State
1



Administration of seafarers affairs
is a part of maritime governance
Carried out by a branch of the
maritime administration
Usually headed by a director of
seafarers affairs or “shipping
master” who has a quasi-arbitral
role in dealing with seafarers
complaints and grievances
2


Maritime labour matters fall into two
components, both of which are strongly
related to maritime safety and security,
including ship safety, navigational safety
and cargo safety
The first component has to do with,
seafarer welfare on and off the ship,
which includes issues such as fatigue,
sufficient hours of of rest, recreational
opportunities, shore leave, medical care,
socia security, and family contact
3


The second component has to do with
safe manning and seafarer qualifications,
including training and certification, mainly
governed by STCW
Maritime administration responsibilities
Advising the government on legislative
implementation (see, e.g., Art. IV(5)) and
 Carrying out the administration of the
legislation implementing the MLC,
including its enforcement (see Art. V
General obligations to exercise jurisdiction
and control over ships and seafarers)
4

Title 5, Reg. 5.1 – General
responsibilities for compliance and
enforcement
 Inspections
 Certification
 Maritime
Labour Certificate
 Declaration of Maritime Labour
Compliance (Part I & Part II)
 Authorization
of ROs
5




Title 1: Minimum Age, Medical
Requirements, Training and
Qualifications
Title 2: Hours of Work and Rest,
Manning Levels
Title 3: Accommodation, Recreational
Facilities, Food and Catering
Title 4: Health Care, Welfare, and Social
Security
6