CONSOLIDATED MARITIME LABOUR CONVENTION & WORK IN FISHING C188

ILO South Africa is represented by the Dept. of Labour ILO Conferences work on a tripartite system All decisions are made by consensus The desire was to create a single, coherent instrument, embodying as far as possible all up-to-date standards from existing conventions as well as the fundamental principles found in the core conventions and considering that, given the global nature of shipping, seafrers need special protection.

MLC Article 94 of UNCLOS establishes the duties and obligations of a flag state to control labour standards, crewing and social matters. There are 8 core ILO Conventions which guide the MLC. There were 37 international maritime labour Conventions, this consolidates and updates all those conventions The Convention has 16 Articles and 5 Regulations, each with a Standard (mandatory) and Guidelines (non-mandatory)

Background 2001 High Level Tripartite Working Group commences work to develop a single comprehensive instrument It is recognized that merchant shipping and fishing cannot be combined 2004 Draft single instrument developed 2004 Preparatory Maritime Technical Conference certain text agreed but amendments not considered 2005 Follow up Preparatory Maritime Technical Conference identifies sections that have reached tripartite consensus 2006 International Labour Conference adopts MLC 2008 FSI and PSC Guidelines developed 2013 Convention enters force 2014 First amendment covering financial security adopted

Application The Convention applies to all seafarers on ships ordinarily engaged in commercial activities Exceptions; Fishing Vessels Ships of traditional build e.g. junks and dhows

South African Process It is decided to draft one set of amendments to give effect to both MLC and C188 Work in Fishing Need to convince fishing employers that labour standards in fishing industry will be lifted above C188 requirements Both MLC and draft C188 are put through a needs analysis for amendment. 1. MSA Amendment Bill 2. Amendment to; a. Safe Manning Regulations b. Crew Accommodation Regulations c. Provisions Regulations d. Bedding, Towels, Mess Utensils and other articles for Personal Use Regulations

New Regulations; 1. Seafarer Recruitment and Placement Regulations; 2 New Regulations; 1. Seafarer Recruitment and Placement Regulations; 2. MLC Regulations; and 3. Seafarer Accident and Insurance Regulations. Roadshows around the country and discussions with employers and employee representatives Promulgated for comment in 2007 and discussed at NEDLAC AND THEN SILENCE 20 June 2013 South Africa ratifies both MLC and C188 20 August 2013 MLC enters force NO ENABLING LEGISLATION Companies require certification for vessels and approval of SRP Agencies Solution issue certificates with only convention references

NO REGULATIONS PROMULGATED 2015 & 2016 MSA Amendment Act promulgated Conventions made schedules to the Act NO REGULATIONS PROMULGATED THE SECTION DEALING WITH COMPULSORY INSURANCE IS OMITTED June 2017 Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 promulgated SAMSA surveyors have been trained in PSC inspections and issyes related to domestic application

Convention 188 Work in Fishing Article 94 of UNCLOS establishes the duties and obligations of a flag state to control labour standards, crewing and social matters. There are 8 core ILO Conventions which guide the C188. There were 5 international Conventions, this consolidates and updates all those conventions Fishing is identified as a hazardous occupation To ensure that fishers have decent conditions of work, with regard to minimum requirements to work, conditions of service, accommodation and food, occupational safety and health protection, medical care and social m security.

The convention has 49 Articles and 3 Annexes. Convention applies to all fishers and all fishing vessels engaged in commercial fishing operations. Can be extended to fishers working on smaller vessels the protection provided in this Convention for fishers working on vessels of 24 metres in length and over. Adopted 14 June 2017 Entry into Force 16 November 2017 Estimated that 38 million people work in capture fisheries Estimated that some 250,00 die every year in this sector

Major Innovations High correlation between Merchant Shipping Act and other instruments Progressive implementation Substantive equivalence Cohesion between standards across instruments Port State responsibilities Flag State responsibilities

Background It is recognized that previous instruments are poorly ratified and do not enter into force Fishing is a very diverse sector from canoes to 20000 GRT vessels some go to sea for hours others for months In many jurisdictions working conditions are administered by fishing and/or labour departments 2003,4 & 5 International Labour Conferece tries to achieve consensus but fails A series of expert meetings are convened to address areas of disagreement amongst the social partners, L v GT, accommodation, results of questionnaires on various issues , medical examinations, hours of rest and flexibility.

2006 The Curry House meeting 2007 Adoption 437 votes in favour, 22 votes against and 22 abstentions South Africas then Minister of Labour was Chair of the Governing Body of the ILO Regional Seminars to promote ratification Global Dialogue Forum to promote ratification PSC Guidelines adopted FSI Guidelines adopted Training of key staff in Turin In house training scheduled for PSC Inspections

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