1. CONSOLIDATED MARITIME LABOUR CONVENTION
& WORK IN FISHING C188

2. 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.

3. 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)

4. 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

5. 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

6. 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

7. 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 C 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

8. 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 Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 promulgated
SAMSA surveyors have been trained in PSC inspections and issyes related to domestic application

9. 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.

10. 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

11. 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

12. 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 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.

13. 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

15. QUESTIONS