The Seafarers’ Bill of Rights – a Union View

Mark DickinsonGeneral Secretary

ILO Maritime Labour Convention 2006

Introduction

• Background• Original objectives• Basic structure• Innovations• Nautilus perspective• Implementation Issues• Articles/Definitions/Exclusions/Issues for

the future• Conclusions

Background

• ILO Review of all instruments 1997>• Joint Maritime Commission 2001• Level paying field• Safety, Environment & Social

Conditions• The 4th pillar of global regulation

alongside SOLAS; MARPOL; STCW & now MLC 2006

Original Objectives

• All-encompassing single instrument• Incorporating in so far as possible all relevant

standards• Easily updateable• Drafted in easily understandable language• Attractive to ratify to secure widest possible

acceptability• Easily monitored and enforced in order to

establish level playing field

Basic Structure

C o de B(n o n -m a n da to ry)

C o de A(m a n da to ry)

R e g u la tio ns(m a n da to ry)

A rtic le s(m a n da to ry)

•Articles•Fundamental principles and rights•Employment and social rights•Procedural and final clauses•New amendment procedure•Tripartite Committee

•Regulations•Substantive rights and obligations

(Articles and Regulations establish framework of basic obligations)

•Code A and B(details for the implementation of the Regulations: mandatory standards and non-mandatory guidelines that can’t be ignored)

Innovations

• One-stop shop

• Clear set of principles and rights and employment and social rights for seafarers

• Simplified amendment procedure

• Special Tripartite Committee

• 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

Nautilus Perspective

• Tripartism & social partnership• Meaningful dialogue & consultation• Employment and social rights for

non-domiciled seafarers• Effective jurisdiction and control

over ships• Pragmatic & flexible approach

Implementation Issues

• Flexibility & substantial equivalence• Tripartism• Definitions (shipowner/seafarer)• Exclusions (geographical/sector etc.)• Minimum wages for seafarers• EU standards (Social Partnership

Agreement)• One-stop shop not piece meal

Articles

Often overlooked – but V Important!

• Art. I & V – “give complete effect”• Art. II – Definitions seafarer, shipowner

etc.• Art. III & IV – “fundamental rights”• Art. VI Regulations inc. “substantial

equivalence”• Art. VII – Consultation• Art. XIII – Special Tripartite Committee

Definitions – Article II

• 1.(f) seafarer “…any person who is employed or engaged or works in any capacity onboard a ship..”

• 1. (i) ship “.. A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to sheltered waters….”

• 1. (j) shipowner “…the owner..or other organisation…who has assumed the responsibility…”

• 4. Ships must be ordinarily engaged in commercial activities. Excludes fishing, warships, dhows & junks.

No exclusions?

• All seafarers covered. ILO MLC Resolution is NOT carte blanche

• Convention has global reach but excludes certain sheltered waters etc.

• All sectors included inc. Tugs and Large Yachts• No general exclusion by size of ship. All

covered but may need to be over a specific size for some purposes – e.g. 500gt for DMLC

• Crew Accommodation – existing ships excluded

Future amendments?

• Equality issues – maternity/paternity; harassment & bullying; attracting more women into the industry

• Fair treatment of seafarers – criminalisation• Permanent employment• Study leave• Trainee accommodation• Compensatory leave• Action on fatigue (hours of work/rest; manning

levels)• Piracy• Welfare; Health

Conclusions

• MLC 2006 hugely significant• Objectives achieved• Level playing field/EU key• Flexibility within reason• Only justifiable exclusions• Full involvement of social partners• One-stop shop approach• Decent Work for Seafarers > continual

improvement required