Sixth IMO Workshop for PSC MoU/Agreement Secretaries and Database Managers Harmonization and improvement of port State control The guidelines for port State control officers carrying out Inspections under the Maritime Labour Convention, 2006 Port State inspection reporting under the MLC, 2006 Brandt Wagner International Labour Office Geneva, Switzerland

MLC, 2006 Consolidation of ILO standards for seafarers Fourth pillar of maritime regulation Revises Conventions, including C.147 and its Protocol of 1996 Extensive provisions on compliance and enforcement

39 ratifications (as of 26 June 2013) EIF on 20 August 2013

MLC, 2006 and port States Title 5, Compliance and enforcement Regulation 5.2 – Port State responsibilities Regulation 5.2.1 – Inspections in port Regulation 5.2.2 – Onshore seafarer complaint-handling procedures

Regulation 5.2.1 – Inspections in port Standard A5.2.1 – Inspections in port 3. Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member...... 4. Inspections that may be carried out in accordance with this Regulation shall be based on an effective port State inspection and monitoring system.... 5. Information about the system ... shall be included in the Member’s reports pursuant to article 22 of the Constitution. Guideline B5.2.1 – Inspections in port

MLC and port States Key ILC resolutions re PSC Resolution concerning the development of guidelines for port State control Resolution concerning the practical implementation of the issue of certificates on entry into force

Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 adopted by tripartite meeting of experts - 2008 ILO Governing Body took note, requested publication supplementary practical information and guidance complementary to FS measures to be read in conjunction with ILO MLC FS guidelines text available on ILO website (E, F and S)

MLC, 2006 PSC guidelines Structure/contents Chapter 1 – Introduction • Explanation • Overview of MLC • Key concepts of MLC • Definitions

MLC, 2006 PSC guidelines Structure/contents Chapter 2 – PSC inspection responsibilities under MLC • Overview of MLC, 2006 PSC responsibilities • PSCOs

MLC, 2006 PSC guidelines Structure/contents Chapter 3 - Carrying out PSC inspections under the MLC, 2006 • General considerations for psc inspections • Procedures when inspection is initiated by PS authority • Procedure for inspection initiated upon receipt of a complaint

MLC, 2006 PSC guidelines Structure/contents Chapter 4 - More detailed inspection of maritime labour inspections on board ship General note Basic requirements; sources of information; examples of deficiencies or non-conformities

MLC, 2006 PSC guidelines Structure/contents Chapter 5 – Action to be taken by PSCOs when finding deficiencies or non-conformities • Actions to be considered when deficiencies are found • Examples of circumstances that may require detention of the ship • Factors to be considered by a PSCO in deciding whether to accept a rectification proposal • Consultation prior to a decision concerning a rectification proposal • Form and content of a proposal for rectification • Action to be taken if a rectification proposal is agreed • Action to be taken if the ship is not allowed to sail

MLC, 2006 PSC guidelines Structure/contents Chapter 6 – Onshore complaints by seafarers

Regional MOUs MED MoU BS MoU PARIS MoU AVDM TOKYO MoU IO MoU C MoU ABUJA MoU RIYADH MoU ... and US Coast Guard

Paris MOU MLC, 2006 PSC instruction the MOU model? Relevant documentation: MLC, 2006 ILO MLC PSC Guidelines ILO MLC FS Guidelines Resolution 17 .. PSCO should have access during inspection

ILO, Paris MOU MLC PSC guidelines Introduction PSC inspection responsibilities under MLC Carrying out PSC inspections under the MLC, 2006 More detailed inspection of maritime labour inspections on board ship Action to be taken by PSCOs when finding deficiencies or non-conformities Onshore complaints by seafarers Introduction Inspection of ship Follow up action Reporting Lots of annexes

Some differences in content Paris MOU GL ILO GL “expanded inspections” “one-off voyages” “unexpected factors” Deficiency and detention codes RAP must be formally accepted by FS ILO “must” be informed of detentions due to MLC Detentions for no MLC certificate and DMLC after 20 Aug 2014 for ships flying flag of ratifying State for which MLC is in force Really inspecting payment of wages? Background information on MLC, 2006 More detail on the procedures for checking MLC certificate and DMLC Examples of deficiencies and detainable items, but no deficiency codes Examples of “sources of information” 14 areas of inspection, including payment of wages

Transition period following eif of MLC (20 August 2013-20 August 2014) Resolution concerning the practical implementation of certificates on entry into force ... requests that, during a period of one year following the initial entry into force of the MLC, 2006, States (both flag and port States) give due consideration to allowing ships to continue to operate without the MLC Certificate and the DMLC provided that their inspectors have no evidence that the ships do not conform to the requirements of the MLC, 2006. The ILO had earlier communicated this Resolution to all States that have ratified the MLC,2006 Letter will be sent on this matter to ratifying States immediately prior to entry into force on 20 August 2013.

States not among the first 30 ratifiers of the MLC which ratify before 20 August 2013 Some States that are not among the first 30 ratifying States but have ratified, or plan to ratify, before August 20, 2013, have expressed an interest in providing to the ILO, at the time of their ratification, a formal statement to the effect that they would fully comply with the Convention even before the date when they would be legally required to do so by the Convention. The first30 MLC, 2006 countries would not be legally obliged to recognize any Maritime Labour Certificate and Declaration of Maritime Labour Compliance produced by ships flying the flag of such countries until the date of entry into force of the Convention for the countries concerned (in other words, 12 months after the ratification has been registered with the ILO). However, it is hoped that they will do so in keeping with the spirit of the Convention. This also may be addressed in a communication by the ILO to member States.

Reporting to ILO ILO Constitution requirements MLC, 2006 requirements MLC Port State control provisions

ILO Constitution requirements Article 22 of ILO Constitution Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request.

MLC, 2006 For each State, reports due on year after EIF of MLC, 2006; after that, every 5 years For first 30, due 20 August 2014 Special MLC Article 22 report form (40 pages!) Some States are already providing information (e.g. Declaration re social security)

Example of an MLC Art. 22 report form question: Has your country provided the ILO with a list of ROs authorized to act on its behalf....?

What is ILO doing/will do with information on MLC, 2006? Full Article 22 reports are not made public – ILO supervisory system Some information to made available on ILO website – NORMEX - still being developed!

NORMLEX currently (updated 1 July 2013) includes: NORMLEX currently (updated 1 July 2013) includes: ratifications of MLC, 2006 date of submission of instrument of ratification date of entry into force for each State Note, including information on Conventions that are denounced upon eif information on social security declaration Ratification of MLC, 2006 not registered until social security declaration is received!

MLC, 2006 information to be on NORMLEX Information about ILO tools re the MLC, 2006 Information about each State that has ratified the Convention

MLC box here!

Information each State that has ratified the Convention that will be included on future NORMLEX Competent authority National determinations Social security declaration Organizations (ROs) Port State inspection Complaints Sources of information normes@ilo.org (may change)

Competent authorities future NORMLEX Competent authority or authorities Name Address Contact points

National determinations Future NORMLEX: Article II(3) – “seafarer” Article II(4) – “ships to which applied” Article II(6) – “ships under 200 GT not on international voyages

Social security MLC Standard A4.5 10. Each Member shall at the time of ratification specify the branches for which protection is provided .... The Director-General shall maintain a register of this information and shall make it available to all interested parties. 11. Article 22 reports - information regarding steps taken to extend protection to other branches.

Onshore complaints MLC A5.2.2(6) Unresolved complaints – the port State shall transmit a copy of the authorized officer’s report to the Director-General. The report must be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organizations in the port State shall be similarly informed. Resolved complaints - statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General. provided in order that .... information and is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures. Article 24 of ILO Constitution!

So.... Future NORMEX will include: Reports on unresolved complaints Statistics on resolved complaints

PSC inspection reports MLC A5.2.1(5) - port State which has ratified MLC, 2006 shall have the right to transmit a copy of the officer’s report, which must be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties which might be interested in availing themselves of relevant recourse procedures. Article 24 of ILO Constitution!

So... Future NORMLEX will include: individual port State control reports [under ratifying State or State of ship that has been inspected, or both?]

Article 24 of ILO Constitution In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.

ROs MLC A5.1.2(4) Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available.

Future NORMLEX may include list of authorized ROs So... Future NORMLEX may include list of authorized ROs

Recap.... ILO MLC PSC Guidelines important because prepared by tripartite meeting and endorsed by ILO GB States have legal obligations to report to ILO on certain matters, and ILO must be able to receive, and sometimes publish, such information No problem if MOUs/States provide PSC information to GISIS, but does not replace requirements to report direct to ILO

Some issues to be addressed re information States ratifying MLC, 2006 only required to submit Art. 22 reports one year after eif for State. ILO will update NORMLEX when information is received (Art. 22 requirements and voluntary actions by States). Sufficient? NORMLEX system will not have information from non-ratifying States, so competent authority information will only be included in NORMLEX for ratifying States . Should GISIS also keep list of contact points in flag States? Port State reports will be included in NORMLEX under ratifying port States – but will not include port State control reports with respect to States which have not yet ratified the MLC, 2006. Should GISIS hold such information?

Needs of MLC, 2006 port States and of the ILO ILO needs (outside of A.22 reporting) MLC, 2006 Port States need List of authorized ROs Contact points for MLC, 2006 in all States Contact point at ILO for submitting some PSC reports Contact point for submitting reports on complaints Other information? Updates on competent authorities Reports on complaints “Regular” Statistics on complaints Some PSC reports

FSI 21 request for new GISIS modules: “ FSI 21 request for new GISIS modules: “...which Organization or mechanisms would be best placed for collecting information on Member States’ contact points under the MLC, 2006”

GISIS and MLC, 2006 – opportunities? For States For ILO Possible list of contact points for MLC, 2006 for States which have not yet ratified Easy way of providing overview of PSC reports with MLC, 2006 deficiencies regardless of ratification of MLC, 2006 Means of establishing list of contact points for MLC, 2006 for non-ratifying States (but we must avoid inconsistencies) Means of obtaining annual port State control statistics (and perhaps reports on PSC inspections)

Possible ways forward Link from GISIS to NORMLEX site? Link from link from NORMLEX to GISIS site? Anything else?

MLC, 2006 information www.ilo.org/mlc