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Seafearers bill of rights[1]
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  • 1. * Maritime Labour Convention‘Seafarers’ Bill of Rights’What does it mean for Seafarers
  • 2. **The ITF a brief overview*Is there a need for the MLC, benefit for seafarers*Enforcement and complaints*Conclusions 2
  • 3. • 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
  • 4. * Political Industrial Institutional*Affiliates • Inspectorate • ILO*Players in the • Dockers • IMO industry • Fellow • Regulatory organisations bodies
  • 5. **Pursuing wage claims*Assisting in Personal Injury Claims*Inspecting onboard conditions*Enforcing CBA’s*Protecting Human Rights
  • 6. *ITF Inspectorate 10000 ships visited in 2011 Europe Arab World Asia/Pacific Latin America & Caribbean * Around 210,000 Africa Seafarers visited on ships % of Seafarers that have basic knowledge of the MLC2006 = 20%
  • 7. **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
  • 8. ** 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
  • 9. **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
  • 10. **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
  • 11. ** What is a complaint? * Information received in confidence concerning possible breach of the requirementsWho can make it? * Seafarers, seafarers organisations, RO* Who is it made to ? * Direct Supervisor, Master, Flag State, PSC, others
  • 12. ** Ensure adoption of national * Investigate the complaint provisions for On-board …and more! complaint procedures * Obtain a prompt solution* National model , copy to * Professional judgment seafarers * Actions and reporting* Innovative system * Confidentiality* Resolution at the lowest possible level* No victimisation – confidentiality
  • 13. 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 If complaint was first decision recorded copy made to head ofrecorded copy provided to dept/officer, seafarers provided to seafarer then refer complaint up seafarer Resolution Non-resolution Case closed decision Matter to be referred to ship owner ashore recorded copy or consider whether the on shore complaint provided to seafarer can help
  • 14. Complaint Port State Undertakes investigation check if on On shore Officer board procedures followed Try to resolve deficiencies at ship-board level Problemsuccessfully • Problems not resolved • Problems not resolved resolved but are not considered hazardous conditions on board sever enough to require serious/repeated breach of Seafarer detention of the ship the convention includinginformed of • PSc notifies flag state breach of seafarers rightsaction taken and requires a corrective • Inspector can have ship decision plan of action sets a detained until such time as the recorded prescribed deadline for deficiencies are resolved or Seafarers resolving the problem he/she is satisfied that there provided • If the problem are still is an adequate plan forwith copy of not resolved report sent rectification. decision to director of general ILO • Flag state notified ship owners seafarers and ship and seafarers organisation onwers organisations informed informed
  • 15. ** Expedientresolution ofproblem forseafarers*Database forlobby changes*Counting on PSC
  • 16. *MLC 2006 – the perfect convention ?*Certified quality*Another attempt to balance the maritime industry *
  • 17. Thank you forlistening