1. Introduction to MLC 2006 ILO Maritime Labour Convention 2006
Captain P. Michael DeCharles, BS, JD, LLM
Executive Vice President

2. Agenda What is MLC 2006? Why was it created? Applicability?
Key players? 　　　
Certification process?　
Where do we stand today?　
Housekeeping:
Fire Drills/emergencies and exits
Restrooms
Breaks and Lunch
Introductions
Go over agenda: which will include lecture and scenarios
Session 1:
Summarize the ILO as a part of the United Nations and the development of the Convention
Main players: Governments, Shipowners, Seafarer organizations
Roles of the players
Role of port State control
Role of Recognized organization

3. ILO Agency of the United Nations Tri-partite structure
Common decent work conditions
First specialized agency of UN in 1946
Branch of UN
The International Labour Organization (ILO) is the United Nation’s (UN’s) specialized tri-partite agency which brings together governments, employers and workers of its member States in common action to promote decent work conditions throughout the world. The ILO was founded in 1919 and is the only surviving major creation of the Treaty of Versailles which brought the League of Nations into being. It became the first specialized agency of the UN in 1946.

4. What is the Convention?
Updates and consolidates 68 existing instruments 　　　　　　　 (37 Conventions and 31 recommendations)
Adopted 23 February 2006, the MLC incorporates fundamental principles of 8 ILO Conventions
Existing Conventions gradually phase out
Considered 4th pillar of Maritime regulations

5. Why the Convention? Existing Conventions
Outdated and not reflective of current working conditions
High level of detail led to compliance and enforcement problems　
Relatively low ratification record　
Existing Conventions outdated
Many of the existing ILO instruments needed to be updated to reflect working conditions in the maritime industry
The high level of detail combined with the large number of Conventions led to problems for compliance and enforcement and a relatively low ratification level for some key Conventions
Accelerated amendment procedures to update the Code provisions more rapidly and with less cost in order to address changes in the maritime sector

6. Why the Convention? New Convention
Accelerated and less costly amendment procedures
Level playing field　
System to resolve complaints
Ship operational changes　
Ship Operational Changes
Changes in ownership, financing and the rise of ship management companies resulting in significant shift in labor market for seafarers
Development of consciously composed mixed nationality crews in highly organized global network linking shipowners, ship managers, crew managers, and labor-supplying agencies
Increased internationalization of ship registries and “flags of convenience”
Increased stress and complexity in the maritime work place that has an impact on the health and social security of workers

7. Applicability of the Convention
All ships (and the seafarers on these ships)　
Public and privately owned　
Ordinarily engaged in commercial activities　
Except as expressly provided*
Ships engaged in commercial activities
Except as expressly provided otherwise, this Convention applies to all ships (and the seafarers on that ship), whether publicly or privately owned, ordinarily engaged in commercial activities. The Convention seeks to provide worldwide protection for all seafarers, estimated to be 1.2 million people.
ship: A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply [Article II, paragraph 1(i)]
*ships less than 200 gt

8. Applicability of the Convention
Definition of “ship”　
A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply
Ships engaged in commercial activities
Except as expressly provided otherwise, this Convention applies to all ships (and the seafarers on that ship), whether publicly or privately owned, ordinarily engaged in commercial activities. The Convention seeks to provide worldwide protection for all seafarers, estimated to be 1.2 million people.
ship: A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply [Article II, paragraph 1(i)] 8

9. Applicability of the Convention
Definition of “seafarer”　
Any person who is employed or engaged or works in any capacity onboard a ship to which the Convention applies　 9

10. Applicability of the Convention
Exceptions　
Convention does not apply to:
Ships engaged in fishing or similar pursuits
Ships navigating exclusively in inland waters or waters within, or closely adjacent to
Ships navigating exclusively in sheltered waters or areas where port regulations apply
Ships of traditional build such as dhows and junks
Warships or naval auxiliaries
Exceptions
The Convention does not apply to ships engaged in fishing or in similar pursuits; ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; and ships of traditional build such as dhows and junks. The Convention does not apply to warships or naval auxiliaries. [Article II, paragraph 4]
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each ILO Member State after consultation with the shipowners’ and seafarers’ organizations concerned. [Article II, paragraph 5]

11. Applicability of the Convention
Applies to all ships:
Ships 500 gt and more need to be certified and must carry a:
Maritime Labour Certificate (MLC)
Document of Maritime Labour Compliance (DMLC) – 2 parts　
Exceptions
The Convention does not apply to ships engaged in fishing or in similar pursuits; ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; and ships of traditional build such as dhows and junks. The Convention does not apply to warships or naval auxiliaries. [Article II, paragraph 4]
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each ILO Member State after consultation with the shipowners’ and seafarers’ organizations concerned. [Article II, paragraph 5] 11

12. Makeup of the Convention
Articles, Regulations and the Code
Vertically integrated
Articles and Regulations　
Set out the core rights, principles and basic obligations of members
Code
Details for implementation of regulations
Part A (mandatory standards)
Part B (non-mandatory guidelines)　
Articles and Regulations
The Articles and Regulations set out the core rights and principles and the basic obligations of Members ratifying the Convention. The Convention is vertically integrated such that the number system links the Regulations, Standards and Guidelines. Each Regulation has a plain language purpose clause, i.e., Regulation 2.2 (Wages): Purpose: To ensure that seafarers are paid for their services. Then there is Standard A2.2 and Guideline B2.2, etc.
Amendment procedures for the Articles, Regulations, and the Code are established in Articles XIV and XV.

13. Makeup of the Convention
Five Titles:
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment　
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement
Five Titles
The Regulations and the Code are organized into general areas under five Titles:
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare, and social security protection
Title 5: Compliance and enforcement
Each Title contains groups of provisions relating to a particular right or principle (or enforcement measure in Title 5), with connected numbering. These five Titles contain the same subject matter as the existing 68 Conventions. Material is updated as appropriate; however, some new requirements were included, e.g., effects of noise and vibration.

14. Convention structure Articles & Regulations Title 1 Title 2 Title 3
Minimum requirements for seafarers to work on a ship
Conditions of Employment
Accommodation, recreational facilities, food & catering
Health protection, medical care, welfare & social security
Compliance & enforcement
Minimum Age
Medical Certificate
Training & Qualification
Recruitment & placement
Seafarers’ employment agreements　
Wages
Hours of work & rest
Entitlement to leave
Repatriation
Manning Levels
Compensation for ship’s loss or foundering
Career & Skills development
Accommodation & recreational facilities
Food & catering　
Medical care on board and ashore
Ship-owners liability
Health, safety protection & accident prevention
Access to shore based facilities
Social security
Flag state responsibilities
Recognized organizations
Inspection & Enforcement
On-board compliant　procedure　　
Port state responsibilities
On-shore compliant procedure
Labor supplying responsibilities
Note: Blue font indicates elements subject to inspection by PSC

15. Key Players　

16. What Does this Really Mean?
Flag specifies the requirements
Company develops a system
Company implements the system　　
Flag/Recognized Organization (RO) verifies initial implementation
Company continues to implement and seeks continuous improvement　
Flag/RO periodically verifies ongoing compliance　

17. The Labor Management System
MLC
Source: IACS

18. Certification Flowchart
Activities carried out by flag State or RO
Review of
DMLC Part II
Against Part I
Inspect compliance
with the Convention
Endorse DMLC
Part II
Inspect working
and living conditions
Issue Maritime
Labour Certificate
(MLC)
Onshore Activity,
Prior to Shipboard
Attendance
Shipboard
Activity
Company Prepares DMLC
Part II
Flag Issues DMLC
Part 1
Flag state ratifies MLC & implements convention into its national law

19. Entry Into Force Entry into force
12 months after 30 members with at least 33% of world’s gross tonnage (GT) have ratified: Entry Date: 20 August 2013 19

20. _________________________________________________
At this time Vanuatu may not be ratifying the convention,　but it really does not matter to the international registry.。
*****The MCL,2006 will be enforced through the back door by Port State Control. The MCL 2006 obligates States that ratify the Convention to give no more favorable treatment to ships of States that have not ratified the Convention. ***** (Article V, paragraph 7)　
_________________________________________________
VMSL will develop a Voluntary Compliance Certificate for the Maritime Labor
Convention to which a Voluntary Declaration for Maritime Labor
Convention shall be attached.　
VMSL will develop Declaration of Voluntary Compliance of the Maritime Labor
Convention –Part I in which the vessel owner can draft the Voluntary Declaration of
Compliance – Part II.　 20

21. THE FLAG OF QUALITY