Seafearers bill of rights[1]

‘Seafarers’ Bill of Rights’

What does it mean for Seafarers

*Maritime Labour

Convention

2

*

*The ITF a brief overview

*Is there a need for the MLC, benefit for

seafarers

*Enforcement and complaints

*Conclusions

• Founded in 1896

• A global federation of transport unions

• 779 trade unions in 155 countries • More than 4.6 million workers represented

• ITF organizes in ports, ships, railways, freight

and passenger transport, inland waterways, fisheries, tourism and civil aviation

*

*Affiliates

*Players in the industry

Political

Industrial

• Inspectorate

• Dockers

• Fellow organisations

Institutional

• ILO

• IMO

• Regulatory bodies

*Pursuing wage claims

*Assisting in Personal Injury Claims

*Inspecting onboard conditions

*Enforcing CBA’s

*Protecting Human Rights

*

*

*ITF Inspectorate

Latin America & Caribbean

Asia/Pacific

Africa

Arab World

Europe

10000 ships visited in 2011

Around 210,000

Seafarers visited on

ships

% of Seafarers that have basic knowledge

of the MLC2006 = 20%

*

*MLC 2006 – Set minimum standards

*Low cost operators

*Level playing field

*is MLC an useful instrument or a duplicate of existing

maritime instruments ?

* Seafarers are the focal point

7

*

* Convention covers all workers

* No more favorable treatment

* Strength PSC: mandatory inspection re serious violations of

rights

* Compliance must be planned and ensured by ship owners

* Compliance must be documented in records made available

to seafarers

8

*

*Verifiable obligations for deposit of financial security

*Powerful complaints procedures (to be used with care)

*Stronger/clearer requirements for contracts

*Enforceable monthly wages in full

9

*

*Ship owner must justify if choosing manning

agency from non convention country.

*Encourage establishment of welfare committees

in ports

* Powerful complaints procedures (to be used

with care)

10

*

*What is a complaint?

Who can make it?

*Who is it made to ?

*Information received in

confidence concerning

possible breach of the

requirements

*Seafarers, seafarers

organisations, RO

*Direct Supervisor, Master,

Flag State, PSC, others

*

*Ensure adoption of national

provisions for On-board

complaint procedures

*National model , copy to

seafarers

*Innovative system

*Resolution at the lowest

possible level

*No victimisation –

confidentiality

*Investigate the complaint

…and more!

*Obtain a prompt solution

*Professional judgment

*Actions and reporting

*Confidentiality

Complaint on board

Head of dept./superior officer

(or direct to captain or external authorities)

Complaint recorded copy to seafarer

Attempt to resolve the matter to seafarers satisfaction

yes no

Case closed

decision

recorded copy

provided to

seafarer

Decision

recorded copy

provided to

seafarer

If complaint was first

made to head of

dept/officer, seafarers

then refer complaint up

Resolution

Case closed decision

recorded copy

provided to seafarer

Non-resolution

Matter to be referred to ship owner ashore

or consider whether the on shore complaint

can help

Complaint

On shore

Port State

Officer

Undertakes investigation check if on

board procedures followed

Try to resolve deficiencies at ship-board

level

Problem

successfully

resolved

Seafarer

informed of

action taken

decision

recorded

Seafarers

provided

with copy of

decision

• Problems not resolved

but are not considered

sever enough to require

detention of the ship

• PSc notifies flag state

and requires a corrective

plan of action sets a

prescribed deadline for

resolving the problem

• If the problem are still

not resolved report sent

to director of general ILO

seafarers and ship

onwers organisations

informed

• Problems not resolved

hazardous conditions on board

serious/repeated breach of

the convention including

breach of seafarers rights

• Inspector can have ship

detained until such time as the

deficiencies are resolved or

he/she is satisfied that there

is an adequate plan for

rectification.

• Flag state notified ship owners

and seafarers organisation

informed

*

* Expedient

resolution of

problem for

seafarers

*Database for

lobby changes

*Counting on PSC

*

*MLC 2006 – the perfect convention ?

*Certified quality

*Another attempt to balance the

maritime industry

Thank you for

listening