‘A new paradigm for seafarers well-being’

The Revd. Canon Ken PetersDirector of Justice & WelfareThe Mission to Seafarers

Maritime Labour Convention 2006

MtS SeminarAustraliaMarch 2010

‘shipping is an industryoccupied with thingsrather than people’

UK House of Lords Select Committee 1992

The Maritime Labour Convention will change this

“The standard of safety of a ship is dependent not only on the health of the ship but more on the health of the seafarers in charge of the operation of the ship.” M Fuazudeen IMO

“Without a happy and fit crew, existing in decent working and living conditions, the shipping industry will be unable to meet its requirements for safer ships in clean waters.” Bjorn Lödöen ICSW

Why a new convention?

Why a new convention?

1.Existing conventions are:-• Irrelevant to 21st century shipping• Too few ratification to enter into force• No provisions for enforcement

1.Stop the proliferation of unilateral legislation• Diminish the incidents of confliction

laws• Reduce confusion• Introduction of ‘level playing field’• Harmonise jurisdictions

1.Maximise ratifications

1.Consolidation exercise – ‘one stop shop’

MLC is intended to be the ‘fourth pillar’ of the international regulatory regime for quality shipping alongside and complementing the other key instruments,

the International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS),

the International Convention on Standards of Training, Certification and Watchkeeping, 1978 as amended (STCW) and

the International Convention for the Prevention of Pollution from Ships, 73/78 (MARPOL),

Why a new convention?

MLC Overview

• for shipowners it will provide the proverbial ‘level playing field’ that they need in the competitive global enterprise of shipping

• for unions it will be a bill of rights• for maritime ministry practitioners

it will be a companion to the Holy Bible.

• for seafarers it will provide international protection against exploitation and abuse.

ARTICLES OF THE CONVENTION

General provisions; definitions; application; amendment procedures; transition; entry into force requirements; final provisions.

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CODE PART B IPre-requisites for Going to sea andRelated provisions recommendations

CODE PART B IIIAccommodation,welfare facilities,food and cateringrecommendations

CODE PART B IVHealth protection, welfare, medical care and social security protectionrecommendations

CODE PART B V

Enforcementrecommendations

REGULATION IPre-requisites

for going to seaand RelatedProvisions.

Key Broad principles

REGULATION IIConditions of

Employment and Manning

Conventions. Key

Broad principles

REGULATION IIIAccommodation, Welfare facilities,food and catering

Conventions. Key

Broad principles

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REGULATION V

EnforcementKey

Broad principles

REGULATION IVHealth protection,

welfare, medical care and social security

Protection

KeyBroad principles

CODE PART B IIConditions of Employment andManningrecommendations

CODE PART A I

Pre-requisites forGoing to sea andRelated provisionsConventions

CODE PART A III

Accommodation, Welfare facilities,food and cateringConventions

CODE PART A II

Conditions of Employment and

ManningConventions

CODE PART A IV

Health protection, welfare,medical care and social security

protection Conventions

CODE PART A V

EnforcementConventions

Source: D. Dearsley

MLC Overview : Structure

• Employment contracts• Repatriation rights• Crew accommodation• Medical care• Food and catering• Accident prevention• Social Security• Work hours• Sickness and injury benefits• Sea and shore based welfare facilities• Labour-supply• Flag State & Port State enforcement

MLC Overview : Substance

Title 1 Minimum requirements for Seafarers to work on a

ship. Title 2 Conditions of employment. Title 3 Accommodation,

recreational facilities, food and catering.

Title 4 Health protections, medical care, welfare and social security

protection. Title 5 Compliance and

enforcement

The Regulations and the Code are organised into general areas under five Titles:

MLC Substance

MLC Substance

Title 1 Minimum requirements for seafarers to work on a ship

• To ensure that no under-age persons work on a ship

• To ensure that all seafarers are medically fit to perform their duties at sea

• To ensure that seafarers are trained or qualified to carry out their duties on board ship

• To ensure that seafarers have access to an efficient well regulated seafarers recruitment and placement system

Title 2 Seafarers’ employment agreementsTo ensure that seafarers

• have a fair employment agreement• are paid for their services• have regulated hours of work and hours

of rest• have adequate leave• are able to return home• are compensated when a ship is lost or

has foundered• work on board ships with sufficient

personnel for the safe, efficient and secure operation of the ship and

• To promote career and skill development and employment opportunities for seafarers.

MLC Substance

Title 3 Accommodation, recreational facilities, food and catering.

To ensure that seafarers have decent accommodation and recreational facilities on board

To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions

MLC Substance

Title 4 Health protection, medical care, welfare and social security protection.

• To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore

And to ensure that • seafarers are protected from the financial

consequences of sickness, injury or death occurring in connection with their employment

• seafarers work environment on board ships promote occupational safety and health

• seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being

• measures are taken with a view to providing seafarers with access to social security protection

MLC Substance

Title 5 Compliance and enforcement

• To ensure that each member implements its responsibilities under this convention with respect to ships that fly its flag

• To enable each member to implement its responsibilities under this convention regarding international cooperation in the implementation and enforcement of this convention standards on foreign ships

• To ensure that each member implements its responsibilities under this convention pertaining to seafarers’ recruitment and placement and the social protection of seafarers.

MLC Substance

Significant departure from previous conventions in both style and structure

• Definition of seafarer – Article 2• Definition of shipowner – Article 2• Inclusion of fundamental human rights –

Article 3• Implementation and enforcement – Article

5• Tacit amendment procedure – Articles 14 &

15• Guidelines instead of recommendations –

explanatory note to regulations & code p12

What is unique about the MLC?

High Level Group

Notification to ILO

Ratification

Maritime Conference

Preparatory Conference

Entry into force

MLC Overview

Cycle of Work and Ratification

Enacting Enabling Legislation

The Mission to Seafarers St. Michael Paternoster Royal

College Hill London EC4R 2RL

tel: +44 (0) 20 7248 5202 fax: +44 (0) 20 7248 4761

e-mail: justice@missiontoseafarers.org

web: www.missiontoseafarers.org