MLC 2006: One year in…
MLC 2006: One year in…
MLC 2006: One year in…
• Brief overview of MLC
• MLC Certification of regulated Australian vessels
(RAV’s)
• Port State Control
• MLC Complaints systems (on board and on shore)
• Review of Marine Order 11 (Living and working
conditions on vessels) 2013
Maritime Labour Convention, 2006
• Adopted in 2006
• Consolidated and updated some 68 ILO
instruments
• Entry into force required 30 ILO members with
33% of world tonnage
Maritime Labour Convention, 2006
• Australia ratified on 21 December 2011 (22nd ILO member to do so)
• Convention entered into force on 20 August 2013.
• Applied through the:
• Navigation Act, 2012
• Marine Order 11 (Living and working conditions on vessels), 2013
• Fair Work Act, 2009
• Occupational Health and Safety (Maritime Industry) Act, 1993
MLC: Fundamental rights and principles
• Freedom of association and the right to
collective bargaining
• Elimination of all forms of forced or compulsory
labour
• Effective abolition of child labour
• Elimination of discrimination in respect of
employment and occupation
MLC: Fundamental rights and principles
• Safe and secure workplaces
• Right to fair terms of employment
• Right to decent working and living
conditions
• Right to health protection
But why??
Morally
“Human Rights apply at sea, as
equally as they do on land”
David Hammond, Barrister, London International Shipping Week
11 September 2013
Legally
“considerations of humanity must
apply in the law of the sea, as
they do in other areas of
international law”
International Tribunal for the Law of the Sea (ITLOS)
M/V Saiga (no.2) (Saint Vincent and the Grenadines v. Guinea)
Judgment (1 July 1999)
MLC Subject Matter
Wages
Hours of Rest
Seafarer Employment Agreements (SEA)
Repatriation
Leave
MLC Subject Matter
• Accommodation standards
• Food and water
• Medical care
• Health and safety protection
• Complaints
MLC Certification of RAV’s
• 34 with full suite of MLC Certificates
• Several vessels still in progress
• Which RAV’s require certificates?
• >500GT + ordinarily engaged in overseas voyages
• Note: RAV’s which aren’t required to carry certificates
must ensure they comply with Marine Order 11 (Living
and working conditions on vessels) 2013
Port State control principle
Article V – Implementation & Enforcement
7. “…ships that fly the flag of any State that has not ratified
this Convention do not receive more favourable
treatment than the ships that fly the flag of any State that
has ratified it.”
MLC 2006: PSC Summary
• Over 1000 ‘MLC’ deficiencies issued.
• 14 Detentions:
9 - Ratified Flag
5 - Non-ratified Flag
MLC 2006: PSC Summary
Area Deficiencies Detentions
Health and safety protection and accident prevention 473
Accommodation and recreational facilities 194 3
Food and catering 193 4
Hours of work and hours of rest 30 1
Conditions of employment (general) 30
Wages 27 2
Recruitment and Placement 19
Seafarers employment agreements 18 4
“Other”
Health Protection, medical care, welfare and social security protection (general) 13
MLC Certification 12
Accommodation, recreational facilities and catering (general) 11
On board complaint procedures 6
Medical care on board ship and ashore 6
Minimum requirements for seafarers to work on a ship (General) 4
Medical Certificate 1
Training and qualifications 1
Total 1038 14
Port State control activity (percentages)
0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0
Health and safety protection and accident prevention
Accommodation and recreational facilities
Food and catering
Hours of work and hours of rest
Conditions of employment (general)
Wages
Recruitment and Placement
Seafarers employment agreements
Other
% Detentions
% Deficiencies
MLC Complaints systems (on board and on shore)
• MLC/MO 11 requires vessels to have an on board
complaints system
• Encourage use of on board complaints system and
resolution of issues at the shipboard/company level
• Complaints regarding living and working conditions no
vessels may also be made to AMSA
• http://www.amsa.gov.au/international/mlc/complaints/index.asp
On shore complaints
MLC Regulation Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Total
2.1 - SEA's 2 2 3 2 3 2 14
2.2 - Wages 2 2 1 2 5 3 1 7 7 3 33
2.3 - Hrs work and rest 1 2 3 1 1 2 10
2.4 - Leave 1 1 2
2.5 - Repatriation 1 1 1 3 2 1 1 10
2.7 - Manning levels 1 1 2
3.1 - Accom and Rec 3 1 1 1 6
3.2 - Food and catering 1 3 1 3 4 4 3 19
4.1 - Medical care 1 1 1 1 4
4.3 - Health & Safety 1 1 2 2 1 7
4.4 - Access to welfare 1 1 2
5.1.3 - Certification 1 1 2
Other - MLC 4 1 3 8
Other - non 1 1 2
Total 6 14 5 14 9 14 12 13 21 13 121
On shore complaints - outcomes
Review of Marine Order 11
• MO 11 (Living and working conditions
on vessels) 2013 under review
• Anticipate external consultation will
be in August 2014
Questions?
Email: [email protected]