Liberian Administration Implementing the ILO a Maritime Labour Convention, 2006 Imabari-9 th / Tokyo-10 th November, 2010 1
PURPOSE of MLC, 2006 The Maritime Labour Convention has two primary purposes: to bring existing labour standards d closer to the workers concerned, in a form consistent with the rapidly developing, globalized sector (ensuring decent work ); to improve the application of the system stem so that shipowners and governments interested in providing decent conditions of work do not have to bear an unequal burden in ensuring protection ( level-playing field - fair competition) Fourth pillar of international maritime regulatory regime, because it will, when it enters into force, stand beside the key IMO Conventions, SOLAS, MARPOL & STCW, that support quality shipping and help to eliminate substandard shipping. 2
BACKGROUND of MLC, 2006 Brings together into a consolidated text 68 ILO Conventions and instruments into a single comprehensive international legal instrument. Contains new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as fatigue, the effects of noise and vibration on workers or other workplace risks. The 37 maritime labour Conventions that are now consolidated (revised) by the MLC, 2006 will be gradually phased out as States that are now party to these Conventions ratify the new Convention. 3
STRUCTURE of MLC, 2006 Structure is similar to STCW Convention Articles Regulations a two- part Code comprised of Part A (mandatory Standards) and Part B (non-mandatory Guidelines) 16 Articles, definitions, scope of application, entry into force, core rights and principles and the basic obligations of Members ratifying the Convention Regulations set out more detailed provisions and obligations Code contains the details for the implementation of the Regulations 4
STRUCTURE of MLC, 2006 Article II Definition and scope of application Art II, para 1 (f) seafarer - comprehensive definition and reflects the greater awareness of the range of people employed at sea Provides for a national level determination in the event of doubt as to whether any categories of persons are regarded as seafarers under the Convention Resolution 7 adopted by the Conference provides guidance and criteria to be considered by national authorities 5
STRUCTURE of MLC, 2006 Article II, paragraph 1(i) defines ships Applies to all ships other than those navigating exclusively in inland waters, sheltered waters or areas where port regulations apply Expressly excludes fishing vessels, ships of traditional build (dhows, junks) and warships/naval auxiliaries Art II, para 5 provides for a national level determination in the event of doubt with respect to a ship or particular category of ships 6
STRUCTURE of MLC, 2006 Article II, paragraph 11(i) defines shipowner based on the definition in ILO No. 179 and is similar to the definition of a company adopted by the IMO in SOLAS (in the ISM Code) and STCW reflects the principle that shipowners are the responsible employers under the Convention for all seafarers on board their ships, irrespective the employment or ship management contractual arrangements; Is identified as the shipowner on the Declaration of Maritime Labour Compliance and Seafarers Employment Agreement still have the right to recover the costs involved from others who may also have responsibility for the employment of a particular seafarer 7
STRUCTURE of MLC, 2006 Article IV - Seafarers employment and social rights Article IV the seafarers bill of rights - all seafarers are entitled to: a safe and secure workplace that complies with safety standards fair terms of employment decent working and living conditions on board ship health protection, medical care, welfare measures and other forms of social protection rights are then set out in detail in the Titles (in the Regulations and Code provisions) of the Convention 8
STRUCTURE of MLC, 2006 Article V Implementation and enforcement responsibilities provides the legal foundation for the provisions on compliance and enforcement in Title 5 establishes the principle of no more favourable treatment, a principle i found in key IMO conventions requires a ratifying Member to apply Convention standards to a foreign ship in its ports (if it chooses to inspect the ship), even if the flag State of the ship has not ratified the Convention requires Members to effectively exercise jurisdiction and control over seafarer recruitment and placement services, if these are established in its territory services, 9
STRUCTURE of MLC, 2006 Article VIII - Entry into force much higher than usual ratification level (for ILO Conventions) with a new formula designed to assure greater actual impact Convention shall come into force 12 months after the date on which it has been ratified by at least 30 Members with a with total share in the world gross tonnage of ships of at least 33 per cent. Current status - 10 States with total share of world gross tonnage exceeding 33 per cent. 10
STRUCTURE of MLC, 2006 Vertically integrated in presentation with the Regulations and Code ( Parts A and B) provisions organised under 5 Titles with a numbering system that links the related Regulations, Standards and Guidelines. 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 protection Title 5: Compliance and enforcement 11
STRUCTURE of MLC, 2006 Example of vertical integration (extracts) Regulation 1.2 Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. Standard A1.2 Medical certificate 1. The competent t authority shall require that, t prior to beginning work on a ship, seafarers hold a valid medical certificate attesting that they are medically fit to perform the duties they are to carry out at sea. Guideline B1.2 Medical certificate Guideline B1.2.1 International Guidelines (ILO/IMO/WHO) 12
STRUCTURE of MLC, 2006 Each Title comprises a number of Regulations, Standards d and Guidelines relating to various topics Title 1 - Minimum requirements for seafarers to work on a ship Regulation 1.1 Minimum age Regulation 1.2 Medical certificate Regulation 1.3 Training and qualifications Regulation 1.4 Recruitment and placement 13
STRUCTURE of MLC, 2006 Title 2 - Conditions of employment Regulation 2.1 - Seafarers employment agreements Regulation 2.2 - Wages Regulation 2.3 - Hours of work and hours of rest Regulation 2.4 - Entitlement to leave Regulation 2.5 - Repatriation Regulation 2.6 - Seafarers compensation for the ship ss loss or foundering Regulation 2.7 - Manning levels Regulation 2.8 - Career and skill development and employment opportunities for seafarers 14
STRUCTURE of MLC, 2006 Title 3 - Accommodation, recreational facilities, food and catering Regulation 3.1 - Accommodation and recreational facilities Regulation 3.2 - Food and Catering 15
STRUCTURE of MLC, 2006 Title 4 - Health protection, medical care and social security protection Regulation 4.1 - Medical care on board ship and ashore Regulation 4.2 - Shipowners liability Regulation 4.3 - Health and safety protection and accident prevention Regulation 4.4 - Access to shore-based welfare facilities Regulation 4.5 - Social security 16
STRUCTURE of MLC, 2006 Title 5 - Compliance and Enforcement Introductory paragraphs Regulation 5.1- Flag State responsibilities Regulation 5.2 - Port State responsibilities Regulation 5.3 - Labour-supplying responsibilities In addition, Title 5, Part A of the Code has three Appendices and Part B has one appendix. 17
STRUCTURE of MLC, 2006 Appendix A5-1, List of matters for flag State inspection and approval 1) Minimum age 2) Medical certification 3) Qualifications of seafarers 4) Seafarer employment agreements 5) Use of any licensed or certified or regulated private recruitment and placement service 6) Hours of work or rest 7) Manning levels for the ship 8) Accommodation 9) On-board recreational facilities 10) Food and catering 11) Health and safety and accident prevention 12) On-board medical care 13) On-board complaint procedures 14) Payment of wages 18
STRUCTURE of MLC, 2006 Appendix A5-III, Areas subject to detailed inspection in a port State 1) Minimum age 2) Medical certification 3) Qualifications of seafarers 4) Seafarer employment agreements 5) Use of any licensed or certified or regulated private recruitment and placement service 6) Hours of work or rest 7) Manning levels for the ship 8) Accommodation 9) On-board recreational facilities 10) Food and catering 11) Health and safety and accident prevention 12) On-board medical care 13) On-board complaint procedures 14) Payment of wages 19
STRUCTURE of MLC, 2006 Appendix A5-II model documents relating inspection and certification system established in Title 5: Maritime Labour Certificate Declaration of Maritime Labour Compliance (DMLC) Part I - Administration Part II - Shipowner Appendix B5-I Example DMLC 20
FLEXIBILITY IN IMPLEMENTATION National determinations Substantial equivalents Implementing Part A giving due consideration to guidelines in Part B Variations Tripartism & transparency: Shipowners & Seafarers Liberian Shipowners Council United Seamen, Ports & General Workers Union of Liberiai Accountability: The ILO supervisory system 21
COMPLIANCE AND ENFORCEMENT MLC 2006 Implementation & Enforcement The Process Flag specifies the requirements implementing the provisions Shipowner develops measures to ensure compliance Shipowner implements the measures Administration or (RO) verifies initial implementation Shipowner continues to implement the measures and seeks continuous improvement Administration/RO periodically verifies ongoing compliance Information about the inspection system to be reported to ILO under article 22 of the constitution 22
Laws & Regulations Marine Notices IMPLEMENTATION Declaration of Maritime Labour Compliance -Part I Trial inspections Training sufficient Maritime Labour Inspectors (100 by end 2010, up to 250 by end 2011) 23
APPLICATION Applies to: all ships whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. Exclusions considered by Liberia: Ships less than 200GT that do not go on international voyages MODU s MOU s 24
APPLICATION. and applies to all seafarers serving on ships to which this Convention applies. Possible exclusions considered by Liberia: Professional Pilots Port Workers Guest entertainers Ship Inspectors/Surveyors Ship Superintendents Repair and maintenance technicians Suez Canal riding crew Cadets in training gprogram 25
ENFORCEMENT Inspection and Certification: ships of 500gt or over engaged in international ti voyages, operating from a port or between ports in another country other ships, if requested 26
QUESTIONS OR COMMENTS 27
Inspection and Certification Inspection and Certification: ships of 500gt or over engaged in international voyages, operating from a port, or between ports in another country other ships, if requested 28
Inspection and Certification Training of MLC Inspectors Worldwide Network of fauditors Health, Safety & Sanitation Facilities Industrial Hygiene Medical Care Employment Conditions / Terms Wage & Benefits Work / Life Manning Handling of Complaints Recognition of unsatisfactory conditions Compassionate Understanding Mediation Onboard & Flag State Complaint Procedure Handling Role Playing 29
DELEGATION Administration intends to authorize RO s to inspect and certify ships on its behalf Administration will review all shipowners Declaration of Maritime Labour Compliance, Part II and will not delegate this authority to RO s Administration is in best position to review and determine if measures ensure ongoing compliance Effective and efficient inspection on board 30
CERTIFICATION DOCUMENTS Maritime Labour Certificate Declaration of Maritime Labour Compliance (DMLC, Parts I & II) Interim Maritime Labour Certificate 31
DMLC- I Shipowner requests before Interim inspection Completed by the Administration Includes: national laws, regulations and marine notices implementing the requirements for the working and living conditions for seafarers details of any substantial equivalences (MLC, Art VII). exemptions and/or variations granted by the Administration in connection with Title 3. 32
DMLC- I Maritime Labour Convention, 2006 Office of Deputy Commissioner Of Maritime Affairs Declaration of Maritime Labour Compliance Part I (Note: This Declaration must be attached to the ship s s Maritime Labour Certificate) Issued under the authority of The Bureau of Maritime Affairs, Republic of Liberia With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of Ship IMO number Gross tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions i of the Maritime Labour Convention are fully embodied din the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the section for this purpose below; (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any yship-type specific c requirements e e under national a legislation are also referenced e e under the requirements e e concerned. ce ed. 1. Minimum age (Regulation 1.1) Liberian Maritime Regulation 10.326; Liberian Maritime Law Sections 326 and 326(2); and M. Notice RLM 118 (the Requirements for Liberian Merchant Marine Personnel Certification) Regulations 5.2.2.6; 5.2.3; 5.4.2.7 as amended: Other than a ship s cook who shall be at least 18 year s old, the minimum age allowed is 16-years for employment as seafarer. Night work is prohibited for seafarers under age 18. 33
DMLC- II DMLC PART II Is drawn and completed by the shipowner Submitted 3-4 months before INITIAL inspection Identifies the measures adopted to ensure ongoing compliance with national requirements. Ensures that there is continuous improvement. Is subject to review by the Administration; and inspection before approval and certification 34
DMLC- II 35
Shipowners Declaration of Maritime Includes: a) draft of DMLC-II; Labour Compliance b) list of hazardous work k( (under 18 years old); c) list of training programmes or work to be done at night (under 18 years old); d) copy of SRPS license/certificate to operate; e) copy of CBA(s); f) generic copy of seafarers employment agreement; g) ILO 92/133 certificate/ilo 92/133 exemption certificate 36
Shipowners Declaration of Maritime Includes: Labour Compliance i) evidence of financial security for repatriation; j) evidence of financial security for compensation; k) evidence of contractual arrangements between shipowner and their representative for employment agreements; l) standard format of shipboard working arrangements; m) standard format of record of daily rest hours; n) copy of standard medical report form; o) health and safety policy; and p) on-board complaint procedures 37
INTERIM MARITIME LABOUR CERTIFICATE INTERIM MARITIME LABOUR CERTIFICATE Can only be issued to new ships on delivery; when a ship changes flag; or when a shipowner assumes responsibility s for operating that ship Has a maximum validity of 6 months. Cannot be extended beyond six months by the Administration to the same owner. A Declaration of Maritime Labour Compliance does not have to be issued. 38
MARITIME LABOUR CERTIFICATE MARITIME LABOUR CERTIFICATE Must be issued by the Administration MLC Inspector or by an authorized RO. Valid for a period not exceeding 5 years. Declaration at of Maritime Labour Compliance (DMLC) must be attached for the Certificate to be valid. 39
CERTIFICATION PROCESS Interim inspection Initial Inspection Intermediate inspection - within the 2nd and 3rd anniversary Renewal Inspection 5 years Should be within 3 months of the expiry of the existing certificate At change of flag or ownership 40
INSPECTION AND VERIFICATION Work to an inspection plan Use the Liberian guidelines for inspections under MLC, 2006 Review DMLC part II Inspect elements of decent work, human and operational issues, including record keeping Inspect elements of occupational health & safety, accident prevention and investigation records Inspect accommodation, galley, food and catering Inspect hospital and medical chest Inspect machinery spaces, deck areas and personal protective equipment Inspect on-board complaint procedures Keep in mind religious and cultural differences Interview in private a representative number of seafarers Complete an inspection report 41
INSPECTION AND VERIFICATION TIME REQUIRED TO DO AN INSPECTION 35,000gt tanker - 8 hours. 10,000gt general cargo 8 hours 42
DEFICIENCIES Inspectors are authorized to require that t any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers rights), or represent a significant danger to seafarers safety, health or security, to prohibit a ship from leaving port until necessary actions are taken 43
QUESTIONS OR COMMENTS 44