The Consolidated Maritime Labour Convention: a refresher Jean-Yves Legouas Former Senior Maritime Specialist International Labour Office

Highlights of the Convention Objectives of the Consolidated Convention All-encompassing single instrument All-encompassing single instrument Incorporating as far as possible all maritime and other relevant standards Incorporating as far as possible all maritime and other relevant standards Easily updateable Easily updateable Draft in easily understandable language Draft in easily understandable language Achieve widest possible acceptability Achieve widest possible acceptability Easily monitored and enforced in order to establish level playing field Easily monitored and enforced in order to establish level playing field

Articulation of the Convention Title 1 Minimum requirements for seafarers to work on a ship 1. Minimum Age 2. Medical certificate 3. Training and qualifications 4. Recruitment and placement

Articulation of the Convention Title 2 Conditions of employment 1. Seafarers’ employment agreements 2. Wages 3. Hours of work and hours of rest 4. Entitlement to leave 5. Repatriation 6. Seafarers’ compensation for the ship’s loss or foundering 7. Manning levels 8. Career and skill development and employment opportunities for seafarers

Articulation of the Convention Title 3 Accommodation, recreational facilities, food and catering 1. Accommodation and recreational facilities 2. Food and Catering Title 4 Health protection, medical care and social security protection 1. Medical care on board ship and ashore 2. Shipowners’ liability 3. Health and safety protection and accident prevention 4. Access to shore-based welfare facilities 5. Social security

Articulation of the Convention Title 5 Compliance and Enforcement 1. Flag state responsibilities 2. Port state responsibilities 3. Labour supplying responsibilities Appendices 1. Areas of inspection by flag states on certification 2. Maritime labour certificate and Declaration of maritime labour compliance 3. Areas of inspection by port states

Novel aspects of the Convention A single instrument covering all issues A single instrument covering all issues A set of principles and rights on employment and social protection for seafarers A set of principles and rights on employment and social protection for seafarers A simplified amendment procedure A simplified amendment procedure A Tripartite Maritime Committee in the ILO A Tripartite Maritime Committee in the ILO A strong enforcement regime, backed by a certification system for compliance with the Convention 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 No more favourable treatment clause for ships of non-ratifying Members

Expected impact on the industry Global instrument to be 4 th pillar of quality shipping (with SOLAS, STCW, MARPOL) Global instrument to be 4 th pillar of quality shipping (with SOLAS, STCW, MARPOL) Should enter into force with support from major shipping states to establish basic decent employment and social conditions for all seafarers Should enter into force with support from major shipping states to establish basic decent employment and social conditions for all seafarers No more favourable treatment for ships of non- ratifying States No more favourable treatment for ships of non- ratifying States Will become reference for all seafarers and shipowners Will become reference for all seafarers and shipowners

Expected impact on the industry Will become a global instrument for 3 reasons: Tripartite support (Governments, Shipowners, Seafarers) has been overwhelming throughout preparatory work Tripartite support (Governments, Shipowners, Seafarers) has been overwhelming throughout preparatory work Substantive provisions are acceptable by all parties Substantive provisions are acceptable by all parties Certification system will ensure that Convention applies to all ships giving protection against unfair competition and promoting an even playing field Certification system will ensure that Convention applies to all ships giving protection against unfair competition and promoting an even playing field

Expected impact on the industry Improved social dialogue in the industry: Ratification and application will encourage consultations with social partners at national level Ratification and application will encourage consultations with social partners at national level Review of application at international level will result in more participation of national organizations at the international level Review of application at international level will result in more participation of national organizations at the international level Increasing tripartite approach for a more socially responsible industry Increasing tripartite approach for a more socially responsible industry

Expected impact on the industry Improved enforcement: Seafarers better informed of rights and remedies, simplification of international requirements Seafarers better informed of rights and remedies, simplification of international requirements Better supervision at several levels: the ship, the company, flag state inspections, port state inspections, the ILO. Better supervision at several levels: the ship, the company, flag state inspections, port state inspections, the ILO. Global uniformity to facilitate compliance and inspections Global uniformity to facilitate compliance and inspections Simplified amendment to enable further improvement Simplified amendment to enable further improvement

Follow-up after adoption by the International Labour Conference Preparation of guidelines for inspectors both flag states and port states Preparation of guidelines for inspectors both flag states and port states Preparation of materials for dissemination of information and for training of interested parties: government officials, shipowners, seafarers, classification societies Preparation of materials for dissemination of information and for training of interested parties: government officials, shipowners, seafarers, classification societies Inclusion in port state control MOU’s Inclusion in port state control MOU’s

Conclusions Convention is fruit of long discussions, a consensus on difficult issues Convention is fruit of long discussions, a consensus on difficult issues It is evidence of the maturity and social responsibility of the shipping industry It is evidence of the maturity and social responsibility of the shipping industry In 2001 the Joint Maritime Commission adopted the so-called “Geneva Accord” In 2001 the Joint Maritime Commission adopted the so-called “Geneva Accord” In 2006 the new Convention opened a new era for the shipping industry In 2006 the new Convention opened a new era for the shipping industry The successful adoption and implementation of the Convention will be dependent on the effectiveness of the tripartite consensus between Governments, Shipowners and Seafarers in the ILO and in member states The successful adoption and implementation of the Convention will be dependent on the effectiveness of the tripartite consensus between Governments, Shipowners and Seafarers in the ILO and in member states