Introducing the ILO Maritime Labor Convention, 2006

1 Апр

Конвенция о труде в морском судоходстве от 07.02.2006 (MLC) вступит в силу с 20.08.2013. Основным принципом Конвенции является право моряков на пристойные условия труда и быта, когда они служат на судах, на которые распространяется действие Конвенции. MLC не распространяется на военные корабли и вспомогательные суда военно-морского флота, суда занятые рыбным и т.п. промыслом, а также суда традиционной постройки, например, джонки. Презюмируется, что Конвенция распространяется на морские торговые суда, как государственные так и частновладельческие, если не будет установлено иное. Филиппины – 30-е государство, ратифицировавшее Конвенцию, 20.08.2012.

Тhe Maritime Labor Convention 2006 (MLC, 2006), was adopted by the International Labor Organization (ILO) at its International Maritime Conference in February 2006. The convention, adopted by more than 300 delegates without a single opposing vote, is hailed as a Bill of Rights for the world’s seafarers. It has also been referred to as the ‘fourth pillar’ of maritime legislation after SOLAS, STCW, and MARPOL.

To come into force, the MLC had to be ratified by 30 member states with a total share in world gross tonnage of ships of 33%. This milestone was finally reached on 20 August 2012, when the Philippines became the thirtieth country to ratify the MLC 2006. The MLC will thus come into force on 20 August 2013.

Objectives of MLC 2006

There is no uniform policy towards the numerous maritime labor standards currently in existence, which are fragmented in content and application thus preventing any level playing field. MLC 2006 was the result of a five-year process of intense international consultation engaging ILO members, governments, ship owners and seafarers. The convention is very complex and extremely broad in its scope of applications.

The underlying principle of the MLC 2006 is the seafarer’s right to decent working and living conditions when serving on a ship to which the Convention applies. The Convention will allow seafarers to address their concerns when their conditions do not meet the requirements as laid by the Convention. MLC 2006 aims to be globally applicable, easily understandable, readily updatable and uniformly enforced. Once enforced, the rights of seafarers and all parties concerned are guaranteed.

While taking an international approach, MLC 2006 will:

  • Consolidate and update more than 68 existing ILO Conventions and Recommendations into one universally accepted standard.
  • Set minimum standards for seafarers to work onboard.
    • Address conditions of employment, accommodation, recreational facilities, food and catering, medical care, welfare and social security.
    • Promote compliance by operators and owners while preparing their Declaration of Maritime Labor Compliance part 1 for individual ships.
    • Be enforced onboard through Title 5, verification and certification systems along with provisions for handling seafarers’ complaints both onboard and ashore.

Application and Structure

The Convention will apply to all ships ordinarily engaged in commercial activities, whether publicly or privately owned, except for ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships and naval auxiliaries.

MLC 2006 is an international legal instrument and does not, therefore, apply directly to ship owners, ships or seafarers. Instead, like all international law, it relies on implementation by countries through their national laws or other measures.

MLC 2006 is organised into three main parts:

1. The Articles.

Set the key principles and obligations.

2. The Regulations.

Incorporate core requirements supported by the Code. Regulations reflect issues which may have to be addressed into Member States national law prior to the Member State ratifying the new Convention.

3. The Code.

Comprises Part A and Part B.

Part A sets the Standards which are mandatory.

Part B provides Guidelines which are not mandatory but which support the implementation of Part A.

Part A and B of the Convention are interrelated. Many existing ILO maritime labour conventions relating to methods of implementing seafarers rights as opposed to defining those rights are in Part B. This allows for a certain amount of flexibility in implementation. If a Member State does not follow the guidance given in Part B it has to provide alternatives to the guidance given. Any such alternatives should be recorded in the Ship’s Declaration of Maritime Labor Compliance.

The Regulation and the Code of the MLC are organised into five areas called “Titles”.

Ratification and implementation

To come into force, the MLC had to be ratified by 30 member States with total share in world gross tonnage of ships of 33%. This milestone was finally reached on 20 August 2012 when Philippines became the 30th country to ratify the MLC 2006. The first country to ratify was Singapore. The MLC will thus come into force on 20 August 2013.

Title 1

Minimum requirements for seafarers to work on a ship

Title 2

Conditions of employment

Title 3

Accommodation & recreational facilities, food & catering

Title 4

Health protection, medical, welfare, social security protection

Title 5

Compliance & enforcement

(1) Minimum age. Medical certificate. Training and qualifications. Recruitment & placement.

(2) Employment agreements. Wages. Hours of work and rest. Entitlement to leave Repatriation

Compensation for ship loss & foundering. Manning levels. Career, skill development, opportunity for

employment.

(3) Accommodation & recreational facilities. Food & catering.

(4) Medical care ashore/ onboard. Ship owners liability. H&S Protection. Accident Prevention. Access to shore based welfare facilities. Social security.

(5) Flag State responsibility. General principles. Authorisation of recognised organisations. MLC & Declaration of Compliance. Inspection & enforcement. Onboard compliant procedures. Marine casualties. Port State Responsibilities. Inspections in port. On-shore seafarer complaint-handling procedures. Labour supplying responsibilities.

Автор:

Captain Balwinder Singh Duggal

Источник:

Seaways. – 2013. – March. – P. 22 – 23.