The 2006 ILO The 2006 ILO Maritime Labor Convention Maritime Labor Convention What does it mean for Filipino Seafarers? What does it mean for Filipino Seafarers? Peter B. Payoyo
Underlying Purposes of Underlying Purposes of the Convention the Convention � to lay down a firm set of rights and to lay down a firm set of rights and � principles; principles; � to allow countries considerable degree of to allow countries considerable degree of � flexibility in the implementation of those flexibility in the implementation of those rights and principles; and rights and principles; and � to ensure that the rights and principles are to ensure that the rights and principles are � properly complied with and enforced. properly complied with and enforced.
MOTIVATIONS FOR ADOPTING MOTIVATIONS FOR ADOPTING THE NEW CONVENTION THE NEW CONVENTION � Consolidate and update all relevant ILO Consolidate and update all relevant ILO � instruments (conventions and recommendations) instruments (conventions and recommendations) � “ “decent work decent work” ”; ; “ “Level the playing field Level the playing field” ”; universal ; universal � and comprehensive “ “quality shipping quality shipping” ” standards; standards; and comprehensive th Pillar “4 4 th Pillar” ” of international regulatory regime of international regulatory regime “ (+ SOLAS, MARPOL, ICSW) (+ SOLAS, MARPOL, ICSW) � Bring the international system of protection Bring the international system of protection � closer to the seafarer (bill of rights perspective) closer to the seafarer (bill of rights perspective)
WHAT IT IS NOT WHAT IT IS The Convention does NOT cover/benefit seafarers The Convention does NOT cover/benefit seafarers who work on certain categories of ships: who work on certain categories of ships: Ships navigating exclusively in inland waters or nearby areas Ships navigating exclusively in inland waters or nearby areas � � where port regulations apply where port regulations apply Fishing vessels Fishing vessels � � Warships and naval auxiliaries Warships and naval auxiliaries � � Ships of traditional built e.g., dhows & junks Ships of traditional built e.g., dhows & junks � � Ships < 200 GT, as determined by a Flag State Ships < 200 GT, as determined by a Flag State � � The Convention does NOT deal with Seafarers’ ’ The Convention does NOT deal with Seafarers Identity Documents Identity Documents The Convention is NOT YET LAW The Convention is NOT YET LAW
HOW IS THE CONVENTION TO HOW IS THE CONVENTION TO BE REALIZED AS A BILL OF BE REALIZED AS A BILL OF RIGHTS FOR SEAFARERS? RIGHTS FOR SEAFARERS? 1. Good governance 1. Good governance (appropriate governmental/State action and implementation) (appropriate governmental/State action and implementation) 2. Empowerment of seafarers as individual human beings 2. Empowerment of seafarers as individual human beings Participation in the practical implementation and Participation in the practical implementation and � � enforcement of the Convention enforcement of the Convention Continuing education and awareness about rights Continuing education and awareness about rights � � Involvement in self- -organization for meaningful organization for meaningful Tripartism Tripartism Involvement in self � �
WHAT ARE SEAFARERS’ ’ RIGHTS RIGHTS WHAT ARE SEAFARERS UNDER THE ILO CONVENTION? UNDER THE ILO CONVENTION?
The structure of the new Convention The structure of the new Convention The structure of the new Convention Articles Articles Articles • • Fundamental principles and rights Fundamental principles and rights (mandatory) • • Employment and social rights Employment and social rights • • Procedural and final clauses Procedural and final clauses • • New amendment procedure New amendment procedure • • Regulations Tripartite Committee Tripartite Committee • • (mandatory) Regulations Regulations • • Substantive rights and obligations Substantive rights and obligations • • Articles and Regulations establish Articles and Regulations establish • • Code A framework of basic obligations framework of basic obligations (mandatory) Code A and B: details for the Code A and B: details for the • • implementation of the Regulations: implementation of the Regulations: mandatory standards and non- - mandatory standards and non Code B mandatory guidelines mandatory guidelines (non-mandatory)
WHAT ARE SEAFARERS’ ’ RIGHTS RIGHTS WHAT ARE SEAFARERS UNDER THE ILO MAGNA CARTA? UNDER THE ILO MAGNA CARTA? 1. Fundamental Rights & 1. Fundamental Rights & Seafarers’ ’ Employment and Social Rights Seafarers Employment and Social Rights 2. Specific legitimate expectations by 2. Specific legitimate expectations by seafarers about the requirements seafarers about the requirements of the Convention of the Convention
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Fundamental Rights & Fundamental Rights & Seafarers’ ’ Employment and Social Rights Seafarers Employment and Social Rights (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation.
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Fundamental Rights & Fundamental Rights & Seafarers’ ’ Employment and Social Rights Seafarers Employment and Social Rights - right to “ “decent work decent work” ” - - right to - 1. Every seafarer has the right to a safe and secure workplace that complies with safety standards. 2. Every seafarer has a right to fair terms of employment. 3. Every seafarer has a right to decent working and living conditions on board ship. 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection.
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Seafarers’ ’ Rights as Seafarers Rights as specific requirements or specific requirements or normative expectations derived normative expectations derived under the 5 Titles of the Convention under the 5 Titles of the Convention I. Minimum requirements for seafarers to work on a ship II. Conditions of employment III. Accommodation, recreational facilities, food and catering IV. Health protection, medical care, welfare an social security protection V. Compliance and enforcement
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Seafarers’ ’ Rights as specific normative expectations derived under Seafarers Rights as specific normative expectations derived under Title 1 of the Convention Title 1 of the Convention Minimum requirements for seafarers to work on a ship 1. Minimum age Purpose: To ensure that no under-age persons work on a ship 2. Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea 3. Training and qualifications Purpose: To ensure that seafarers are trained or qualified to carry out their duties on board ship 4. Recruitment and placement Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Seafarers’ ’ Rights as specific normative expectations derived Seafarers Rights as specific normative expectations derived under Title 2 of the Convention under Title 2 of the Convention Conditions of employment 1. Seafarers’ employment agreements Purpose: To ensure that seafarers have a fair employment agreement 2. Wages Purpose: To ensure that seafarers are paid for their services 3. Hours of work and hours of rest Purpose: To ensure that seafarers have regulated hours of work or hours of rest 4. Entitlement to leave Purpose: To ensure that seafarers have adequate leave 5. Repatriation Purpose: To ensure that seafarers are able to return home 6. Seafarer compensation for the ship’s loss or foundering Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered 7. Manning levels Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship 8. Career and skill development and opportunities for seafarers’ employment Purpose: To promote career and skill development and employment opportunities for seafarers
WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? WHAT ARE YOUR RIGHTS UNDER THE MAGNA CARTA? Seafarers’ ’ Rights as specific normative expectations derived Seafarers Rights as specific normative expectations derived under Title 3 of the Convention under Title 3 of the Convention Accommodation, recreational facilities, food and catering 1. Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board 2. Food and catering Purpose: To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions
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