1. ‘A new paradigm for seafarers well-being’ The Revd. Canon Ken Peters Director of Justice & Welfare The Mission to Seafarers Maritime Labour Convention 2006 MtS Seminar Australia March 2010

2. ‘shipping is an industry occupied with things rather than people’ UK House of Lords Select Committee 1992 The Maritime Labour Convention will change this

3. “The standard of safety of a ship is dependent not only on the health of the ship but more on the health of the seafarers in charge of the operation of the ship.” M Fuazudeen IMO “Without a happy and fit crew, existing in decent working and living conditions, the shipping industry will be unable to meet its requirements for safer ships in clean waters.” Bjorn Lödöen ICSW Why a new convention?

4. 1. Existing conventions are:- Irrelevant to 21 st century shipping Too few ratification to enter into force No provisions for enforcement 1.Stop the proliferation of unilateral legislation Diminish the incidents of confliction laws Reduce confusion Introduction of ‘level playing field’ Harmonise jurisdictions 1.Maximise ratifications 1.Consolidation exercise – ‘one stop shop’

5. MLC is intended to be the ‘fourth pillar’ of the international regulatory regime for quality shipping alongside and complementing the other key instruments, the International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS), the International Convention on Standards of Training, Certification and Watchkeeping, 1978 as amended (STCW) and the International Convention for the Prevention of Pollution from Ships, 73/78 (MARPOL), Why a new convention?

6. MLC Overview for shipowners it will provide the proverbial ‘level playing field’ that they need in the competitive global enterprise of shipping for unions it will be a bill of rights for maritime ministry practitioners it will be a companion to the Holy Bible. for seafarers it will provide international protection against exploitation and abuse.

7. ARTICLES OF THE CONVENTION General provisions; definitions; application; amendment procedures; transition; entry into force requirements; final provisions. Tacit amendment Substantial Equivalence CODE PART B I Pre-requisites for Going to sea and Related provisions recommendations CODE PART B III Accommodation, welfare facilities, food and catering recommendations CODE PART B IV Health protection, welfare, medical care and social security protection recommendations CODE PART B V Enforcement recommendations REGULATION I Pre-requisites for going to sea and Related Provisions. Key Broad principles REGULATION II Conditions of Employment and Manning Conventions. Key Broad principles REGULATION III Accommodation, Welfare facilities, food and catering Conventions. Key Broad principles Explicit amendment REGULATION V Enforcement Key Broad principles REGULATION IV Health protection, welfare, medical care and social security Protection Key Broad principles CODE PART B II Conditions of Employment and Manning recommendations CODE PART A I Pre-requisites for Going to sea and Related provisions Conventions CODE PART A III Accommodation, Welfare facilities, food and catering Conventions CODE PART A II Conditions of Employment and Manning Conventions CODE PART A IV Health protection, welfare,medical care and social security protection Conventions CODE PART A V Enforcement Conventions Source: D. Dearsley MLC Overview : Structure

8. Employment contracts Repatriation rights Crew accommodation Medical care Food and catering Accident prevention Social Security Work hours Sickness and injury benefits Sea and shore based welfare facilities Labour-supply Flag State & Port State enforcement MLC Overview : Substance

9. Title 1Minimum requirements for Seafarers to work on a ship. Title 2 Conditions of employment. Title 3 Accommodation, recreational facilities, food and catering. Title 4Health protections, medical care, welfare and social security protection. Title 5 Compliance and enforcement The Regulations and the Code are organised into general areas under five Titles: MLC Substance

10. Title 1 Minimum requirements for seafarers to work on a ship To ensure that no under-age persons work on a ship To ensure that all seafarers are medically fit to perform their duties at sea To ensure that seafarers are trained or qualified to carry out their duties on board ship To ensure that seafarers have access to an efficient well regulated seafarers recruitment and placement system

11. Title 2 Seafarers’ employment agreements To ensure that seafarers have a fair employment agreement are paid for their services have regulated hours of work and hours of rest have adequate leave are able to return home are compensated when a ship is lost or has foundered work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship and To promote career and skill development and employment opportunities for seafarers. MLC Substance

12. Title 3 Accommodation, recreational facilities, food and catering. To ensure that seafarers have decent accommodation and recreational facilities on board To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions MLC Substance

13. Title 4 Health protection, medical care, welfare and social security protection. To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore And to ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment seafarers work environment on board ships promote occupational safety and health seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being measures are taken with a view to providing seafarers with access to social security protection MLC Substance

14. Title 5 Compliance and enforcement To ensure that each member implements its responsibilities under this convention with respect to ships that fly its flag To enable each member to implement its responsibilities under this convention regarding international cooperation in the implementation and enforcement of this convention standards on foreign ships To ensure that each member implements its responsibilities under this convention pertaining to seafarers’ recruitment and placement and the social protection of seafarers. MLC Substance

15. Significant departure from previous conventions in both style and structure Definition of seafarer – Article 2 Definition of shipowner – Article 2 Inclusion of fundamental human rights – Article 3 Implementation and enforcement – Article 5 Tacit amendment procedure – Articles 14 & 15 Guidelines instead of recommendations – explanatory note to regulations & code p12 What is unique about the MLC?

16. High Level Group Notification to ILO Ratification Maritime Conference Preparatory Conference Entry into force MLC Overview Cycle of Work and Ratification Enacting Enabling Legislation

17. The Mission to Seafarers St. Michael Paternoster Royal College Hill London EC4R 2RL tel: +44 (0) 20 7248 5202 fax: +44 (0) 20 7248 4761 e-mail: justice@missiontoseafarers.org web: www.missiontoseafarers.org