ILO – MARITIME LABOR CONVENTION 2006 Office of Operating and Environmental Standards United States Coast Guard March 2010

Talking Points THE MARITIME LABOR CONVENTION, 2006 HISTORY THE CONVENTION CONTENT

MARITIME LABOR CONVENTION, 2006 Adopted by ILO in February 2006 in Geneva, Switzerland. “Fourth pillar” of the international regulatory regime. Comprehensive set of global standards Primary purpose Sets out seafarer’s rights to decent work conditions, and Create conditions of fair competition for shipowners At its 94th session (10th maritime session), February 2006 the International Labor Conference adopted an important new legal ILO instrument, the Maritime Labor Convention 2006. It was adopted by an ILO record vote of 314 in favor/none against, involving 106 ILO member states, shipowners and seafarers drawn from these countries. The MLC 2006 has been described as “historic” and “a way forward” using international labor standards, to help achieve “fair globalization It is intended to be globally applicable, easily understandable, readily updable and uniformly enforced. Global legal instrument that once it enters into force, will become the fourth pillar of the international regulatory regime for quality shipping, complementing the other three key IMO Conventions: SOLAS, MARPOL and STCW.

MLC 2006 – HISTORY Why a new Convention? In response to “Globalization” Outdated ILO instruments Industry changes Management Mix nationality crews Open registries Low ratification levels In response to phenomenon of “globalization” the ILO began, in the late 1990’s to review all of its standard setting and supervisory activity to better ensure that its standards are designed to achieve universal acceptance and that issues such as effective enforcement and compliance are better addressed. Many of the existing ILO instruments need to be updated to reflect the working conditions in the industry Changes in ownership, financing and the rise of ship management companies resulting in significant ships in the labor market for seafarers. Development of consciously composed mixed nationality crews in highly organized global network linking shipowners, ship managers, crew managers, labor supplying agencies. Increase internationalization of ship registries and “flags of convenience” A need to provide a “level playing field” and avoid exploitation of workers. Increased stress and complexity in the maritime work place that has an impact on the health and social security of workers. The high level of detail combined with the large number of Conventions led to problems for compliance and enforcement and a relatively low ratification level for some key Conventions.

MLC 2006 – The Convention Overview Purpose To bring the system of protection contained in the existing labor standards closer to the workers concerned, in a form consistent with the rapidly developing, globalized sector (ensuring “decent work”); To improve the applicability of the system so that the 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); and To provide for a more ratifiable instrument. The purpose of the Convention is 3-fold. Those who participated in the development of the Convention believe that the shipping industry is a globalized industry that requires an international regulatory response. This is an instrument that brings together into a consolidated text as much as possible from the existing ILO instruments; and at the same time updating the information from the instrument. The new Convention combines the “best of the old with the new.” Provides for a more ratifiable instrument by using an innovative structure and flexible provisions. It was felt that the very large number of existing maritime Conventions were too detailed, making it difficult for governments to ratify and to enforce all of the standards. It combines the core standards found in the existing maritime labor conventions with an innovative format aimed at achieving universal acceptance and a new approach to securing ongoing compliance and to more rapidly updating of the technical provisions (blend of firmness on right and flexibility with respect to approaches to implementation of the more technical requirements). It also builds upon and incorporates may of the well-established approaches developed in other major conventions in the maritime sector such as STCW and SOLAS.

MLC 2006 – The Convention Consolidation of ILO Conventions Consolidates the substance from 68 maritime labor instruments 38 Conventions and 30 Recommendations Gradual phase out of the existing Conventions Transitional period - Non-ratifying countries will be bound by the existing Conventions, but Conventions will be closed to further ratification. The substance of most of the existing 70 maritime labor instruments (conventions and Recommendations) adopted by the ILO since 1920 have been updated and are now included – “consolidated” – in the new Convention. The following conventions are not included: Seafarers’identity documents (Nos. 108, 185) Seafarers pensions (No. 71) Shelved convention on Minimum Age (No. 15) The 37 maritime labor Conventions will be gradually phased out as ILO Member states that have ratified those Conventions ratify the new Convention, but there will be a transitional period when some parallel conventions will be in force. Countries that ratify the MLC will no longer be bound by the existing Conventions when the new Convention comes into force for them. Countries that do not ratify the Convention will remain bound by the existing Conventions they have ratified, but those Conventions will be closed to further ratification.

MLC 2006 – The Convention Ratification Flexibilities Part B is non-mandatory Implementation may be achieved through national laws or regulations, through applicable collective bargaining agreements or through other measures in practice Implementation of Part A of the Code may also be achieved through measures of “substantially equivalent” The application of details may be relaxed to smaller ships – 200 GT and below Title 3 (accommodation) will not apply to ships constructed before the Convention comes into force It is expect that this Convention will achieve wide ratification because the Convention was adopted by a record vote in favor of the Convention. This is the first ILO Convention that provides the right blend of firmness on rights and flexibility with respect to approaches to implementation of the more technical requirements and to provide advantages to ships of countries that ratify it. The number of ratifications and the speed in that the Convention will enter into force is directly linked to the flexibilities provided in the Convention. Part B (contains the detail information on implementation) is not mandatory but Governments are required to give “due consideration” to their content. Combination of a Substantial equivalence – meets the intent of the requirements Title 3 is not applicable due to the construction and equipment implications.

MLC 2006 – The Convention Compliance and Enforcement A multi-level system for effective enforcement and compliance Seafarers – properly informed of their rights Shipowners – develop plans to comply with the requirements and maintain proper records of implementation a certification system for conditions of “decent work” Flag State – Issues the Maritime Labor Certificate and Declaration of Maritime Labor compliance ( for vessels over 500 GT) Port State – Control inspections The Maritime Labour Convention, 2006, aims to establish a continuous “compliance awareness” at every stage, from the national systems of protection up to the international system. This starts with the individual seafarers, who – under the Convention – have to be properly informed of their rights and of the remedies available in case of alleged non-compliance with the requirements of the Convention and whose right to make complaints, both on board ship and ashore, is recognized in the Convention. It continues with the shipowners. Those that own or operate ships of 500 gross tonnage and above, engaged in international voyages or voyages between foreign ports, are required to develop and carry out plans for ensuring that the applicable national laws, regulations or other measures to implement the Convention are actually being complied with. The masters of these ships are then responsible for carrying out the shipowners’ stated plans, and for keeping proper records to evidence implementation of the requirements of the Convention. As part of its updated responsibilities for the labour inspections for ships above 500 gross tonnage that are engaged in international voyages or voyages between foreign ports, the flag State (or recognized organization on its behalf) will review the shipowners’ plans and verify and certify that they are actually in place and being implemented. Ships will then be required to carry a maritime labour certificate and a declaration of maritime labour compliance on board. Flag States will also be expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships that are not covered by the certification system. Flag States will carry out periodic quality assessments of the effectiveness of their national systems of compliance, and their reports to the ILO under article 22 of the Constitution will need to provide information on their inspection and certification systems, including on their methods of quality assessment. This general inspection system in the flag State (which is founded on ILO Convention No. 178) is complemented by procedures to be followed in countries that are also or even primarily the source of the world’s supply of seafarers, which will similarly be reporting under article 22 of the ILO Constitution. The system is further reinforced by voluntary measures for inspections in foreign ports (port State control).

MLC 2006 – The Convention Entry into force Formula Twelve months after the ILO receives 30 instruments of ratification equaling at least 33 percent of the world’s gross tonnage of ships. Why the complex formula? Achieve the right balance Numbers high enough to give legitimacy to the instrument but low enough to allow entry into force within five years of adoption Presence of the “no more favorable treatment” provision. It is expect that this Convention will achieve wide ratification because the Convention was adopted by a record vote in favor of the Convention. The MLC will enter into force twelve months after the ILO receives 30 instruments of ratification equaling at least 33 percent of the world’s gross tonnage of ships. These numbers were recommended because it deemed them high enough to give legitimacy to the instrument but low enough to allow entry into force within five years of adoption. These numbers are higher than for many ILO maritime conventions; however, because of the presence of the “no more favorable treatment” provision, the participants felt that wider application was warranted before any government became legally bound by the MLC. Additionally, higher requirements for entry into force will help with the conference goal of leveling the maritime playing field. The first ILO Convention that provides the right blend of firmness on rights and flexibility with respect to approaches to implementation of the more technical requirements and to provide advantages to ships of countries that ratify it. A resolution was adopted at the Conference, for administrative reasons, which would allow the first 30 ratifying Member States extra time, after the initial entry into force date to issue MLC to their ships.

MLC 2006 – The Convention Structure Similar to IMO’s STCW Convention Articles – principles and obligations Regulations - Standard Two Part Code Part A – Standard (mandatory) Part B – Guidelines (non-mandatory*) *Note: Governments are required to consider Part B during implementation The Convention consists of the basic provisions, i.e. the Articles and regulations, followed by a two-part Code divided into five titles, one of which is devoted to compliance and enforcement. The Articles set out the broad principles and obligations. The regulations and Part A of the Code contain the standard and Part B of the Code contains the Guidelines. The Convention also uses a new “vertical integrated” format with a numbering system that links the regulations, standards, and guidelines. The status of Part B was the subject of extensive debate. Part A and B are interrelated. Part B is not mandatory; Cannot be ignored by ratifying members Port State Control will not verify compliance with Part B Members do not have to follow the guidance but will need to justify how it is implementing the mandatory provisions. In some cases the information in Part B is essential for the proper understanding of the regulation and the Standard in Part A.

MLC 2006 – The Convention Titles Title 1 – Minimum requirements of seafarers to work on a ship Minimum age Medical certificate Training and qualifications Recruitment and placement Title 2 – Conditions of employment Seafarers’ employment agreements Seafarers compensation for the ship’s loss Wages Manning levels Hours of work and rest Career and skill development & opportunities Entitlement to leave Repatriation These five titles essentially cover the same subject matter as the existing 68 maritime labor instruments, updating them where necessary. The Convention contains some new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks. The provisions relating to flag state inspections, the use of “recognized organizations” and the potential for port state control inspections are contained in Title 5 and are based on the information in the existing Conventions. Title 5 is modeled against other approaches used by other maritime Conventions to establish quality shipping with respect to issues such as ship safety, security and environmental protection.

MLC 2006 – The Convention Titles Title 3 – Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Food and catering Title 4 – Health protection, medical care, welfare and social security protection Medical care on board ship & ashore Shipowners liability Health & safety protection & accident prevention Access to shore-based welfare facilities Social security These five titles essentially cover the same subject matter as the existing 68 maritime labor instruments, updating them where necessary. The Convention contains some new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks. The provisions relating to flag state inspections, the use of “recognized organizations” and the potential for port state control inspections are contained in Title 5 and are based on the information in the existing Conventions. Title 5 is modeled against other approaches used by other maritime Conventions to establish quality shipping with respect to issues such as ship safety, security and environmental protection.

MLC 2006 – The Convention Titles Title 5 – Compliance and enforcement Flag state responsibilities Port State responsibilities Labor-supplying responsibilities These five titles essentially cover the same subject matter as the existing 68 maritime labor instruments, updating them where necessary. The Convention contains some new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks. The provisions relating to flag state inspections, the use of “recognized organizations” and the potential for port state control inspections are contained in Title 5 and are based on the information in the existing Conventions. Title 5 is modeled against other approaches used by other maritime Conventions to establish quality shipping with respect to issues such as ship safety, security and environmental protection.

MLC 2006 – The Convention Next Steps Convention entry into force 33 % of world’s gross tonnage of ships 30 countries Initiate US TAPILS process - DOL Governments Seafarers Shipowners Recommendation on ratification These five titles essentially cover the same subject matter as the existing 68 maritime labor instruments, updating them where necessary. The Convention contains some new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks. The provisions relating to flag state inspections, the use of “recognized organizations” and the potential for port state control inspections are contained in Title 5 and are based on the information in the existing Conventions. Title 5 is modeled against other approaches used by other maritime Conventions to establish quality shipping with respect to issues such as ship safety, security and environmental protection.

Contact Information Anthony Morris Maritime Personnel Qualifications Division Office of Operating and Environmental Standards US Coast Guard (202) 372-1408 Anthony.d.morris@uscg.mil or Mayte Medina Chief, Maritime Personnel Qualifications Division (202) 372-1406 Mayte.Medina@uscg.mil