Understand the Marit itime Labour r Convention: Im Imple lementatio ion & how it it im impacts your organizatio ion Flag State Inspections 15 th & 16 th August 2017, Cape Town Organised by the South African International Maritime Institute Capt. Winston Lobo
MLC , 2006 Entered into force on 20 th August 2013. South Africa ratified on 20 th June 2013, entered into force on 20 th June 2014.
The 4 th pillar
Key Characteristics • Consolidates and updates 36 existing ILO conventions and one protocol. • Promotes a flexible approach to implementation through national “substantial equivalences”, alternatives and exemptions thus promoting early ratification by ILO Member States.
Contents • Articles • Regulations • Code • Part A – Standards (mandatory) • Part B – Guidelines (non-mandatory)
Titles The regulations and the code are organized into general areas under five titles: 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 protection, medical care, welfare and social security protection Title 5: Compliance and enforcement
Structure of the regulations & code Vertical integration Articles (Scope, definitions, core principles, implementation, amendment) Title 1 Title 2 Title 3 Title 4 Title 5 Minimum Employment Accommodation, Health, welfare Compliance & requirements conditions food & catering & social security enforcement Mandatory Regulations Regulations Regulations Regulations Regulations Standard Standard Standard Standard Standard A Code Non- B Guideline Guideline Guideline Guideline Guideline binding
Structure of the regulations & code Each title contains regulations, followed by the code • Regulation 1.1 – Minimum age • Standard A1.1 – Minimum age • Guideline B1.1 – Minimum age
Definitions & scope of application Article II - Definitions and scope of application • (f) SEAFARER means any person who is employed or engaged or works in any capacity on board a ship to which this convention applies;
Definitions & scope of application • (i) SHIP means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; • Cases of doubt (Article II (3) &(5))
Definitions & scope of application • (j) SHIPOWNER means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.
Exemptions • Exemption for vessels <200 GT not engaged on international voyages dealt with in Article II (6) • only after consultation with Ship owners and Seafarers organizations • Provided the provisions are dealt with differently
Fundamental rights & principles Article III • Freedom of association and right to collective bargaining • Elimination of forced labour • Abolition of child labour • Elimination of discrimination
Seafarers’ employment and social rights Article IV • Safe and secure workplace • Fair terms of employment • Decent working and living conditions • Health protection, medical care, welfare measures, social protection
Implementation and enforcement responsibilities Article V • Flag State responsibilities • Port State responsibilities • Labour supplying countries responsibilities • No more favourable treatment
Substantial equivalence Article VI • Member shall satisfies itself that alternative solution is conducive to achievement of general object and purpose and gives effect to particular provision in question
Special Tripartite Committee Article XIII • Keeping the Convention under continuous review • Committee consists of members with special competence in the maritime field • Non ratified countries can participate but have no right to vote • Weighted voting power • Important consultative role for countries that do not have shipowners‘ or seafarers‘ organizations.
Amendments to the Convention and Code Article XIV and XV • Accelerated procedure for Code • Amendment proposal from at least 5 Members • Six-month period for observations • Approval by Special Tripartite Committee and International Labour Conference • Two years for formal disagreement, otherwise tacit acceptance
Title 5 - Compliance and enforcement • Title 5 adds “teeth” to Convention • “ Substantial equivalence ”
Title 5 - Compliance and enforcement Regulation 5.1 - Flag State responsibilities Regulations 5.1.1 – General principles • Flag state is responsible for administering an effective system of inspection and a certification • May authorize ROs to inspect and/or certify on its behalf, however retains responsibility for inspection and certification • A maritime labour certificate and the declaration of maritime labour compliance, shall constitute evidence that the ship complies with the MLC requirements
Title 5 - Compliance and enforcement Regulation 5.1.2 – Authorization of recognized organizations • Recognized as competent and independent • Authorized to inspect and require rectification of deficiencies • Subject to Flag state oversight • List of authorized ROs communicated to ILO
Title 5 - Compliance and enforcement Regulation 5.1.3 - Maritime labour certificate and declaration of maritime labour compliance • Required for ships > 500 GT on international voyages • Required for ships > 500 GT, operating from a port, or between ports, in another country. • Ships < 500 GT certified at the request of the owner • 3 documents to be on board, 1) Maritime Labour Certificate 2) Declaration of Maritime labour Compliance – Part I 3) Declaration of Maritime labour Compliance – Part II
Title 5 - Compliance and enforcement Certification – Declaration of maritime labour compliance (DMLC) • Part I shall be drawn up by the competent authority which shall: • identify the list of matters to be inspected • identify national requirements to be complied with • record any substantially equivalent provisions and exemptions granted by the competent authority
Title 5 - Compliance and enforcement • DMLC Part I is issued by SAMSA
Title 5 - Compliance and enforcement Certification – Declaration of maritime labour compliance (DMLC) • Part II shall be drawn up by the ship owner and shall identify: • the measures to ensure continuous improvement and ongoing compliance with the national requirements specified in Part I • Part II shall be certified by the competent authority DMLC Part II and MLC is issued by the RO
Title 5 - Compliance and enforcement • DMLC Part II is drawn up by the shipowner and following an inspection is certified SAMSA
Title 5 - Compliance and enforcement Declaration of Maritime Labour Compliance and Issuing of Maritime Labour Certificate, Regulation 6 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states • The shipowner must make an application to the Authority for the issue of a Maritime Labour Certificate by completing Part II of DMLC • The Authority to conduct an inspection of the ship and an audit of the shipowner. • If satisfied, it will complete Part I of DMLC and issue the ship with a Maritime Labour Certificate, valid for a period not exceeding five years.
Title 5 - Compliance and enforcement • Every Owner is required to provide evidence of financial security for repatriation
Title 5 - Compliance and enforcement • Every Owner is required to provide evidence of financial security for shipowners liability
Title 5 - Compliance and enforcement Interim Maritime Labour Certificate, Regulation 7 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states • The Authority may, on request issue an Interim Maritime Labour Certificate when — • (a) a ship is on a delivery voyage; • (b) a ship is transferred to the South African register; or • (c) a shipowner assumes responsibility for the operation of a ship of another shipowner.
Title 5 - Compliance and enforcement Interim Maritime Labour Certificate • Valid for a period not exceeding six months. • Interim Maritime Labour Certificate issued only when • (a) the ship has been inspected, for the 14 items listed in Appendix A5-I of the Convention, • (b) adequate procedures to comply with the MLC • (c) master is familiar with the requirements of MLC and responsible for its implementation • (d) relevant information is submitted to produce the Interim Maritime Labour Certificate.
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