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ILS CONFERENCE – MARITIME LABOUR CONVENTION Implications for Maritime Administrations as a Flag State 1
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n Administration of seafarers affairs is a part of maritime governance n Carried out by a branch of the maritime administration n Usually headed by a director of seafarers affairs or “shipping master” who has a quasi-arbitral role in dealing with seafarers complaints and grievances 2
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n Maritime labour matters fall into two components, both of which are strongly related to maritime safety and security, including ship safety, navigational safety and cargo safety n The first component has to do with, seafarer welfare on and off the ship, which includes issues such as fatigue, sufficient hours of of rest, recreational opportunities, shore leave, medical care, socia security, and family contact 3
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n The second component has to do with safe manning and seafarer qualifications, including training and certification, mainly governed by STCW n Maritime administration responsibilities u Advising the government on legislative implementation ( see, e.g., Art. IV(5) ) and u Carrying out the administration of the legislation implementing the MLC, including its enforcement (see Art. V- General obligations to exercise jurisdiction and control over ships and seafarers) 4
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n Title 5, Reg. 5.1 – General responsibilities for compliance and enforcement u Inspections u Certification F Maritime Labour Certificate F Declaration of Maritime Labour Compliance (Part I & Part II) u Authorization of ROs 5
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n Title 1: Minimum Age, Medical Requirements, Training and Qualifications n Title 2: Hours of Work and Rest, Manning Levels n Title 3: Accommodation, Recreational Facilities, Food and Catering n Title 4: Health Care, Welfare, and Social Security 6
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