1. Brandt Wagner Senior maritime specialist Sectoral Activities Department ILO, Geneva Inspection of labour conditions in merchant ships and fishing vessels

2. work at sea

3. Challenging marine environment

4. Ship/vessel is workplace – but also a home

5. At sea, not easily accessible

6. When in port, often for short period

7. ... and in fishing fishers often paid not a wage but by share of the catch

8. ... a great variety of sizes of fishing vessels, types of fishing

9. ... and, for inspectors, remote communities

10. ILO maritime labour standards 1920 - 1996 seafarers – 60+ fishers – 7+

11. inspection of labour conditions of seafarers ( ) R. 28 – C. 147 – 1976 Protocol to C.147 – 1996 C.178 and R. 185 – 1996

12. Labour Inspection (Seamen) Recommendation, 1926 (No
Labour Inspection (Seamen) Recommendation, 1926 (No. 28) “work of seamen... the nature and conditions of which are essentially different from those of work in a factory”
Organization of inspection Reports of the Inspection Authorities Rights, Powers and Duties of Inspectors guidance – not binding

13. Globalization Multi-national crew Crew, manager, owner, flag State, ports of call – all may be different

14. international registers

15. Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)
minimum standards relating to:
Safety
social security
shipboard conditions of employment
living arrangements
to be observed by ships registered under any flag
But not fishing vessels

16. C.147
Liability for sick & injured seafarers
Articles of Agreement
Minimum Age
Medical examinations
Prevention of Accidents
Accommodation
Repatriation
Food & catering
Officers Competency Certificates
Freedom of Association & collective bargaining
Laws or regulations

17. Convention No. 147 Enforcement Ratifying flag States must verify by inspection or other means that their ships comply with national laws and regulations which apply the standards prescribed by the Convention and with applicable collective agreements. Ratifying State may, on the basis of a complaint or evidence that a ships does not conform to the standards of the Convention, inspect any foreign ship calling at its ports, regardless of whether the flag State has ratified Convention No Ratifications – 56 countries.

18. Port State control agreements
Paris MOU on port State control – 1982
safety of life at sea (IMO)
prevention of pollution by ships (IMO)
living and working conditions on board ships (ILO).
Regional agreements now in all regions

19. Labour conditions on board ship: Guidelines for procedure (1990) Draws upon Recommendation No. 28 and Convention No Inspection procedures, for national and foreign flag ships. Specific guidelines for the inspectors Specific guidance concerning: minimum age, medical examination, food & catering, etc. For each issue, sets out basic requirements, followed by control procedures.

20. 1990s – ILO recognized need to improve flag State inspection of living and working conditions on ships

21. Labour Inspection (Seafarers) Convention, 1996 (No
Labour Inspection (Seafarers) Convention, (No. 178) Flag State implementation only Ships 500 gt + May (after consultation) be applied to commercial fishing vessels Organization of inspection system of inspection central coordinating authority inspections at intervals not exceeding three years complaint procedures qualified inspectors status of inspectors powers of inspectors Penalties Reports

22. C.81/C.178 – very similar ... but some differences
C. 81 Workplaces shall be inspected as often and as thoroughly as is necessary Mentions complaints. Authority may exempt such areas from the application of the Convention (due to large area, sparseness of population, stage of development)
C. 178 Ships shall be inspected at intervals not exceeding 3 years and, when practicable, annually. Authorization of public institutions or other organizations to carry out inspections If complaint or evidence ship does not conform to laws and regulations, shall take measures to inspect the ship as soon as practicable May detain ship

23. Yet ... Too many Maritime Labour Conventions and Recommendations
Too much detail in Conventions
Not enough ratifications
Some Conventions outdated
Need to improve compliance

24. Inspection - practices
maritime authorities, labour inspectors, recognized organization
Ships 500 gt+
maritime authorities, labour inspectors, fisheries agencies, recognized organizations
OSH
Small vessels?

25. Maritime Labour Convention, 2006
Consolidates 60+ standards  1
Updates, removes unnecessary detail
Improved enforcement provisions (learning from IMO approach)
All ships, all seafarers
Practically unanimous acceptance

26. MLC, 2006 Articles REQUIREMENTS Regulations MANDATORY
Code Part A-Standards MANDATORY
Code - Part B-Guidelines NON-MANDATORY
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement

27. Maritime Labour Convention, 2006
System – regular inspections, monitoring, reporting, legal proceedings
Maritime labour certificate
Declaration of maritime labour compliance
port State control
Jurisdiction and control over recruitment & placement services
Sanctions, corrective measures
No more favourable treatment

28. MLC, 2006 Continuous “compliance awareness” at every stage

29. MLC, Maritime Labour Certificate certifies 14 inspection areas prima facie evidence of compliance Declaration of Maritime Labour Compliance Part I - summarizes the national laws or regulations implementing an agreed-upon list of 14 areas of the maritime standards (completed by competent authority) Part II - shipowner’s plan for ensuring that the national requirements implementing the Convention will be maintained on the ship between inspections (completed by shipowner)

30. 14 items to be inspected and certified
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of recruitment and placement agencies
Hours of work or rest
Manning levels
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages

31. MLC, maritime labour certificate - inspections – initial, intermediate (3), renewal (5) - flag State, shipowner changes – invalid - not required for vessels under 500 gt - interim certificate (6 months) declaration of maritime labour compliance - inspection reports

32. MLC, inspection system: - drawing up national documents - providing sufficient qualified inspectors - rules and regulations for inspectors’ powers, status and independence - guidelines on inspectors’ tasks - credentials for inspectors - reporting responsibilities - delegation to ROs (if used) - complaint procedures

33. MLC, inspectors: - not just “nuts and bolts” - inspecting relevant areas of ship - examining documentation - interviewing crew

34. MLC, 2006 port State control - guidelines - training - onshore complaint procedures

35. ILO tools to assist inspection authorities, inspectors with MLC, 2006
Guidelines for flag State inspectors
Guidelines for port State inspectors
Training of trainers courses!!!
Harmonization!
MLC, 2006 will enter into force soon!

36. Work in Fishing Convention, 2007 (No. 188)

37. Work in Fishing Convention, 2007 why?
Consolidate existing ILO standards for fishers
Cover all fishers, all fishing vessels
Fishing vessels excluded from MLC, 2006
Need flexibility for smaller vessels
Need compliance and enforcement provisions
Port State control

38. Structure of Convention No. 188
Preamble
PART I Definitions and scope of application (+ Annex I)
PART II. General principles
PART III. Minimum requirements for work on board fishing vessels (R.199, Part I)
PART IV. Conditions of service (+Annex II) (R.199, Part II)
PART V. Accommodation and food (+Annex III) (R.199, Part III)
PART VI. Medical care, health protection and social security (R.199, Part IV)
PART VII. Compliance and enforcement (R.199, Part V)
PART VIII. Amendment of Annexes I, II and III
PART IX. Final provisions

39. Estructura del Convenio Nº. 188
Preámbulo
PARTE I. Definiciones y ámbito de aplicación (+ Anexo I)
PARTE II. Principios generales
PARTE III. Requisitos mínimos para trabajar a bordo de buques pesqueros (R.199, Parte I)
PARTE IV. Condiciones de servicio (+ Anexo II) (R.199, Parte II)
PARTE V. Alojamiento y alimentación (+ Anexo III)
(R.199, Parte III)
PARTE VI. Atención médica, protección de la salud y seguridad social (R.199, Parte IV)
PARTE VII. Cumplimiento y control de la aplicación
(R.199, Parte V)
PARTE VIII. Enmiendas a los anexos I, II y III
PARTE IX. Disposiciones finales

40. Work in Fishing Convention
Laws, regulations or other measures
Central coordinating authority
Compliance and enforcement
effectively exercise jurisdiction and control
Inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures

41. Work in Fishing Convention Compliance and enforcement
Larger vessels (24 m) and vessels on longer voyages
inspection every 3 years
valid document
sufficient number of qualified inspectors
effective system for the inspection of living and working conditions on board fishing vessels (can use recognized organization)
Complaint procedures
Port State control

42. ILO tools to assist inspectors with Work in Fishing Convention
Port State control guidelines
Handbook
Training Course
South-South cooperation – Peru, November 2009

43. Challenges Who will inspect fishing vessels?
How to effectively inspect smaller fishing vessels?
Coordination among authorities (labour, fisheries, maritime safety, others) is essential

44. central co-ordinating
International
Organisations
Port
Inspection
Legislative
body
Environment
Agency
central co-ordinating
Authority?
Health
Authority
Regional bodies
Other?
Fisheries Agency

45. Obrigado pela sua atenção Gracias por su atención Thank you for your attention
MLC, 2006 training course: