Download the Maritime Labour Convention and other relevant information as PDF. Read all the information you need to know for your DMLC Part II. THE MARITIME LABOUR CONVENTION. Incorporating amendments in and An ITF Guide for Seafarers to the ILO. Maritime Labour. PDF | This paper presents the requirements of International Labour This labour code is titled ILO-MLC more commonly spoken as.
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Maritime Labour Convention, Title 1. Minimum requirements for seafarers to work on a ship Regulation – Minimum age. ISBN (print). ISBN (web pdf). Maritime Labour Convention, Frequently asked questions. Revised Edition, ISBN (web pdf). Maritime Labour Convention, Frequently Asked Questions. Fourth edition, Also available in French: Convention.
According to the announcement of ILO, ratified countries of the Maritime Labour Convention have reached 30 and the Convention entered into force on 20th Aug. Please refer to the ILO website. According to the enforcement of the Convention, ships which are GT or over, engaged in international voyage are required to carry the Maritime Labour Certificate onboard from the date of enforcement. For the implementation of the Convention, we, ClassNK, have made the arrangement for the global framework of inspection and certification, as well as training our MLC inspectors. ClassNK is performs inspections to verify the continuous implementation of the measures implemented by shipowners onboard ships on behalf of each flag state. Brochure MLC. In addition to certifying compliance with the MLC convention aboard ships, ClassNK also performs voluntary certifications for Seafarer Recruitment and Placement Services to certify complying with the provisions stipulated by the Convention.
But in common, the advantage is more valuable to be considered than the disadvantage. Expectation and Reality Although the MLC is already popular and ratified by many countries, but still on the implementation MLC is not fully implemented. Sometime violation of seafarers human rights is happens. These human rights violations still occur, even though the ship owner to know the serious consequences, ostracized.
Some examples of seafarer rights violations are as follows: Their salaries are not being paid.
Dozens of Cambodian seafarers are suspected to be victims of slavery. The Cambodian seafarers given salary per month, which is much lower than the crew from other countries, especially Thailand.
They also received an improper treatment and instruction such as drink dirty water and worked 22 hours non-stop without a holidays.
Not only that, they also often receive physical punishment such as whipped or beaten with stingray tails when they've seen exhausted.
There's little crew who could no longer bear the torment until eventually died on board. Beyond these two cases, there are still many cases of seafarer human rights violations which have not been revealed and reported.
From this case we can see that the role of government in protecting the rights of seafarers and the implementation of the MLC is needed. Government should be more vigilant and alert to anticipate and eradicate this kind of human slavery. Conclusion To achieve the overall implementation of the MLC required the cooperation of all stakeholders, in this case the sailors, ship owner and flag state.
Ship owner should be aware, a violation of the MLC will bring a bad climate for their business, and will bring them to the exclusion of the international world.
For the sailors themselves, they can participate by contributing to report to the flag states in the event of human rights violations to the sailors. As for flag state, they should be more responsive and more reactive, in seeking human rights violations in the sea, and take action against them. Flag state that is capable of doing this will certainly get a good reputation in the international community, because of their attention to the protection of human rights and the application of the MLC, Basically, if all parties get involved, both sailors, owner, and the government, MLC will run by the expectation, the flow of business and the economic growth increased rapidly.
For example, the crew may have excellent work performance if they get the facilities and adequate rest periods, as well as ship owner, with their reputation as a company that is very concern for MLC , then there will be more client sympathized and finally prefer to use their service.
Download pdf. Ships that are newly built and ships undergoing change of flag would also be issued with the certificate on interim or provisional basis for periods not exceeding six 6 months.
Survey Requirements and Port State Control PSC Initial survey and inspection will be followed diligently with other inspections such as the intermediate inspection. Port State Control has the right to board any vessel at any given point of time for verifying the compliance for MLC. The approval has to necessarily be in conjunction with the flag state and must include certain provisions that are required under MLC.
In lieu of this, time required for the certification will depend on the gap analysis, issuance of newer Agreements and also the development of plans and manuals. Moreover, Crew compensation and other benefits may be different for every ship owner apart from those required by the MLC.
The length of reviewing, revising and approving of the requirements and therefore the certification time may take weeks or months together.
Fixing up or scheduling inspections Every Flag State is wholly responsible for ensuring that the obligations under the MLC convention are implemented correctly onboard ships flying their flags. This also means that the flag state is responsible for correlating the subsequent measures related to work and living conditions and forming an efficient system for the inspections and MLC related certifications, Flag State is also entailed to appoint sufficient qualified inspectors for executing the certification processes.
Under the ILO Constitution, all member States are required to bring newly adopted ILO instruments to the attention of the competent authority or authorities, to inform the ILO that this has been done, and subsequently, to report on the position of its law and practice with respect to the matters dealt with by the instruments, when required.
In Canada, this obligation is met by tabling a report in Parliament, and where the instruments address issues falling within their jurisdictions, sending copies of the report to the provincial and territorial governments. A member State has no obligation to ratify a Convention adopted by the ILC , but if it does ratify, it undertakes to implement the provisions of the Convention throughout its territory, and to report regularly to the ILO on its implementation.
Reports are subject to review by a Committee of Experts that reports annually to the ILC on the degree of compliance of member States with respect to ratified Conventions. Failure to implement a ratified Convention can give rise to observations by the Committee of Experts and to requests from the lLC explain the reasons for non-compliance. In addition, another ratifying member State, or an organization of workers or employers, may make a representation to the ILO alleging failure to implement a ratified Convention.
It sets out seafarers' rights to decent working conditions and helps to create conditions for fair competition for shipowners. Background The decision by the ILO to develop this major new maritime labour Convention was the result of a joint resolution in by international seafarers' and shipowners' organizations, later supported by governments. The industry partners called on the ILO to develop, as a matter of priority, " an instrument which brings together into a consolidated text as much of the existing body of ILO instruments as it proves possible to achieve in order to improve the relevance of those standards to the needs of all the stakeholders of the maritime sector.
In addition, excessive detail in many existing maritime labour Conventions constituted a major obstacle to their broad ratification. The new Convention brings most of the existing maritime labour instruments together in a single Convention with a new format and updated language that better reflects modern working conditions in the industry. To facilitate broad ratification, the Convention takes an approach that is " firm on rights and flexible on implementation ".
The new Convention also responds to the need for a more effective enforcement and compliance system that would help eliminate substandard working conditions on ships and would work within the well established international system for enforcement of the international standards for ships safety and security and environmental protection adopted by the International Maritime Organization IMO.
The Convention The Convention is organized in three main parts: The Articles, coming first, set out broad principles and obligations.
They are followed by the more detailed Regulations and Code. Except for a few specific exclusions and areas where flexibility is provided for national authorities to exempt smaller ships gross tonnage and below that do not undertake international voyages from some aspects of the Convention, the MLC , applies to all publicly or privately owned ships and to seafarers on those ships that are ordinarily engaged in commercial activities.
For the purpose of the Convention a seafarer means any person who is " employed or engaged or works in any capacity on board a ship to which this Convention applies ".
The Convention does not apply to: ships that navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; ships engaged in fishing; ships of traditional build such as dhows and junks; warships or naval auxiliaries. Articles III and IV set out fundamental rights and principles, and seafarers' employment and social rights.