The Consolidated Maritime Labour Convention: a refresher

1
The Consolidated Maritime Labour Convention a
refresher

• Jean-Yves Legouas
• Former Senior Maritime Specialist
• International Labour Office

2
Highlights of the Convention

• Objectives of the Consolidated Convention
• All-encompassing single instrument
• Incorporating as far as possible all maritime and
  other relevant standards
• Easily updateable
• Draft in easily understandable language
• Achieve widest possible acceptability
• Easily monitored and enforced in order to
  establish level playing field

3
Articulation of the Convention

• Title 1 Minimum requirements for seafarers to
  work on a ship
• Minimum Age
• Medical certificate
• Training and qualifications
• Recruitment and placement

4
Articulation of the Convention

• Title 2 Conditions of employment
• Seafarers employment agreements
• Wages
• Hours of work and hours of rest
• Entitlement to leave
• Repatriation
• Seafarers compensation for the ships loss or
  foundering
• Manning levels
• Career and skill development and employment
  opportunities for seafarers

5
Articulation of the Convention

• Title 3 Accommodation, recreational facilities,
  food and catering
• Accommodation and recreational facilities
• Food and Catering
• Title 4 Health protection, medical care and
  social security protection
• Medical care on board ship and ashore
• Shipowners liability
• Health and safety protection and accident
  prevention
• Access to shore-based welfare facilities
• Social security

6
Articulation of the Convention

• Title 5 Compliance and Enforcement
• Flag state responsibilities
• Port state responsibilities
• Labour supplying responsibilities
• Appendices
• Areas of inspection by flag states on
  certification
• Maritime labour certificate and Declaration of
  maritime labour compliance
• Areas of inspection by port states

7
Novel aspects of the Convention

• A single instrument covering all issues
• A set of principles and rights on employment and
  social protection for seafarers
• A simplified amendment procedure
• A Tripartite Maritime Committee in the ILO
• A strong enforcement regime, backed by a
  certification system for compliance with the
  Convention
• No more favourable treatment clause for ships of
  non-ratifying Members

8
Expected impact on the industry

• Global instrument to be 4th pillar of quality
  shipping (with SOLAS, STCW, MARPOL)
• Should enter into force with support from major
  shipping states to establish basic decent
  employment and social conditions for all
  seafarers
• No more favourable treatment for ships of
  non-ratifying States
• Will become reference for all seafarers and
  shipowners

9
Expected impact on the industry

• Will become a global instrument for 3 reasons
• Tripartite support (Governments, Shipowners,
  Seafarers) has been overwhelming throughout
  preparatory work
• Substantive provisions are acceptable by all
  parties
• Certification system will ensure that Convention
  applies to all ships giving protection against
  unfair competition and promoting an even playing
  field

10
Expected impact on the industry

• Improved social dialogue in the industry
• Ratification and application will encourage
  consultations with social partners at national
  level
• Review of application at international level will
  result in more participation of national
  organizations at the international level
• Increasing tripartite approach for a more
  socially responsible industry

11
Expected impact on the industry

• Improved enforcement
• Seafarers better informed of rights and remedies,
  simplification of international requirements
• Better supervision at several levels the ship,
  the company, flag state inspections, port state
  inspections, the ILO.
• Global uniformity to facilitate compliance and
  inspections
• Simplified amendment to enable further
  improvement

12
Follow-up after adoption by the International
Labour Conference

• Preparation of guidelines for inspectors both
  flag states and port states
• Preparation of materials for dissemination of
  information and for training of interested
  parties government officials, shipowners,
  seafarers, classification societies
• Inclusion in port state control MOUs

13
Conclusions

• Convention is fruit of long discussions, a
  consensus on difficult issues
• It is evidence of the maturity and social
  responsibility of the shipping industry
• In 2001 the Joint Maritime Commission adopted the
  so-called Geneva Accord
• In 2006 the new Convention opened a new era for
  the shipping industry
• The successful adoption and implementation of
  the Convention will be dependent on the
  effectiveness of the tripartite consensus between
  Governments, Shipowners and Seafarers in the ILO
  and in member states