MARITIME LABOUR CONVENTION Welcome to : I F S M A DELEGATES AGA Vina del Mar, Apr 2015 y

MARITIME LABOUR CONVENTION ACOMM - AENSM PRESENTATION CONTENTS Reminder about the International Labour Organization Paris MOU first year inspections results Inspections and Detentions Conclusion, Open Forum

MARITIME LABOUR CONVENTION As a Reminder… The fundamental rights edicted by the ILO are :  Freedom of Association and the effective recognition of the right to collective bargaining  Elimination of all forms of forced or compulsory labour  Effective abolition of child labour  Elimination of discrimination in respect of employment and occupation. (MLC 2006, Article III) To date the ILO adopted 189 Conventions on Labour ▼

MARITIME LABOUR CONVENTION 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. BASIC AIMS OF THE MLC, 2006 Moreover, MLC, 2006 aims to protect seafarers and shipowners from unfair competition on the part of substandard ships ▼

MARITIME LABOUR CONVENTION The MLC 2006 is often referred to as the «fourth pillar» of Maritimes Conventions, after IMO Conventions : STCWSTCW MLC2006MLC2006 MARPOLMARPOL SOLASSOLAS WHY A NEW CONVENTION?  The International Convention for the safety of life at Sea 1974 (SOLAS),  The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW),  The International Convention for the Prevention of Pollution from Ships 1973 (MARPOL).▼

MARITIME LABOUR CONVENTION ENTRY INTO FORCE To come into force, the MLC had to be ratified by at least 30 member States with a total share in the world gross tonnage of ships of 33 per cent. This milestone was reached on 20 August The MLC, 2006 came into force on August 20 th So far, 65 countries have ratified the Convention representative > 80% of the gross tonnage of the world fleet ▼

MARITIME LABOUR CONVENTION The MLC, 2006 APPLIES to (Art. II) : ALL SEAFARERS, ALL SHIPS, whether publicly or privately owned, ordinarily engaged in commercial activities, other than :  Ships which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply  Fishing vessels  Ships of traditional build such as dhows and junks  Warships or Naval auxiliaries. ▼

MARITIME LABOUR CONVENTION Seafarer = any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies (Article II) The Convention aims to ensure universal coverage to all seafarers, category which covers today, believed to be more than 1.4 million people in the world. Now, the new Convention includes unambiguous in this category any person used, occupied or works in any capacity on board a ship falling within the scope of.▼ SEAFARERS

MARITIME LABOUR CONVENTION MARITIME LABOUR CERTIFICATE AND CERTIFICATION (Chile Ratification still pending)

MARITIME LABOUR CONVENTION Reg. A5.1.3 – Maritime Labour Certificate and Declaration of Maritime Labour Compliance 1)This regulation applies to ships of: a)500 gross tonnage or over, engaged in international voyages* b)500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country *International voyage means a voyage from a country to a port outside such a country. 2)This Regulation also applies to any ship that flies the flag of a Member and is not covered by §1 of this Regulation, at the request of the shipowner to the Member concerned. ▼

MARITIME LABOUR CONVENTION ANNEXE A5-I The 14 items that must be inspected and approved by the Flag State before certifying a ships : 1)Minimum age, Reg )Medical certification, Reg )Qualifications of seafarers, Reg )Seafarers’ employment agreements, Reg )Use of any licensed or certified or regulated private recruitment and placement service, Reg )Hours of work or rest, Reg )Manning levels for a ship, Reg. 2.7 ▼

MARITIME LABOUR CONVENTION ANNEXE A5-I SUITE 8)Accommodation, Reg )On-board recreational facilities, Reg )Food and catering, Reg )Health and safety and accident prevention, Reg )On-board medical care, Reg )On-board complaint procedure, Reg )Payment of wages, Reg. 2.2 ▼

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation 113 ships detained for MLC related deficiencies 20 August 2014 marked the first anniversary of the entry into force of the Maritime Labour Convention (MLC, 2006). During these first 12 months 113 ships were detained by one of the Paris MoU Authorities for MLC-related deficiencies.  This represents 17.4% of the total number of detentions (649) in the Paris MoU during this period.  During the first year 7.4% (3,447) of the total number of 46,798 deficiencies recorded was linked to the MLC, while 160 (4.6%) were marked as a ground for detention resulting in 113 detained ships.

MARITIME LABOUR CONVENTION Detainable deficiencies were most frequently recorded in the areas  Payment of wages (39,5%),  Manning levels for the ship (28.6%)  Health and safety and accident prevention (43.1%),  Food and catering (15.4%)  Accommodation (10%). Only the member States of the Paris MoU which have ratified the MLC on or before 20 August 2012 were entitled to conduct PSC inspections on MLC requirements from 20 August Paris MoU releases the results of first year of MLC implementation

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation As a result the following twelve member States started enforcing the MLC, 2006 from 20 August 2013: Bulgaria, Canada, Croatia, Cyprus, Denmark, Latvia, the Netherlands, Norway, Poland, the Russian Federation, Spain and Sweden. During the first year of implementation, the following member States began to enforce MLC, 2006: Belgium, Finland, France, Germany, Greece, Italy, Lithuania, Malta and the United Kingdom, bringing the total to 21.

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation

MARITIME LABOUR CONVENTION Source & Image Credits: Paris MOU

MARITIME LABOUR CONVENTION Paris MoU releases the results of first year of MLC implementation

MARITIME LABOUR CONVENTION REMARKS AND COMMENTS Last but not Least… In order to answer all questions raised by the Maritime Labour Convention 2006, it appears essential that all Masters and Officers in charge of its application on board have received a detailed training on its contents. All the documents to be checked during vessel inspection must be easily available at any time on board as well as the relevant procedures and instructions established by the Company.▼

MARITIME LABOUR CONVENTION Thanks for your kind attention To know and not to use Is not to know… Dominique PERROT & JNP Consulting, 2015