View
374
Download
0
Tags:
Embed Size (px)
Citation preview
‘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