Responsibility of Stake Holders under Maritime Labour Convention (MLC) 2006 by Capt.Pankaj Kapoor

1. “ Responsibility of Stake Holders
under Maritime Labour Convention
(MLC) 2006”

2. Maritime Labour Convention (MLC)
2006
The Maritime Labour Convention 2006 (MLC) has been the
subject of much debate since its inception. Arguably the
single most important and wide ranging convention of recent
time, the aim of the MLC was to achieve standardisation of
seafarers’ rights – bringing together, for the first time, the
seventy or so conventions which have been in place since the
1920’s. It also aimed to modernise these conventions, to
reflect the constantly evolving and increasingly more global
marine and shipping landscape.

3. Maritime Labour Convention (MLC)
2006
The provisions of the MLC are now effectively policed by
Port State Control. Vessels that fail to comply can be
detained which brings with it obvious commercial
implications. Within weeks of the MLC being adopted we saw
the first wave of detentions. This was despite the
International Labour Organisation (ILO) advising countries to
show leniency in the first 12 months of the MLC’s operation.
These detentions were for various reasons, including
unpaid wages, recruitment fees paid to crewing agents,
lack of wage agreements or employment contracts with
crew and poor conditions on board. A crew member had
also allegedly been refused access to a doctor.

4. Maritime Labour Convention (MLC)
2006
So What is abandonment ?????
In simple terms abandonment occurs when the shipowner:
 fails to cover the cost of the seafarer’s repatriation; or
 has left the seafarer without the necessary maintenance
and support; or
 has otherwise unilaterally severed their ties with the
seafarer including failure to pay contractual wages for a
period of at least two months’

5. Maritime Labour Convention (MLC) 2006
(Recent case studies)
 Most recent cases of abandonment was that of a total of 14 Indonesian crew
in Port Alang, India, on board the Miss Gaunt and Northwind. Both ships are
registered in the Kingdom of the Netherlands in the registry of Curaçao. In
January and February 2019, IMO continuously received messages from the
crew that they were not being paid by the shipowner nor by the insurer.
Therefore, they could not provide the necessary means of living for their
families and young children whom they also had not seen for more than seven
months. Meanwhile, the crew also could not be repatriated because the port
State, India claimed that the ships could not be moved to a safe lay-
up harbour and that a new replacement (skeleton) crew was required.
 Furthermore, these two abandonment cases were connected to the
abandonment of another eight Indonesian seafarers on board the AHT
Carrier in the port of Maputo in Mozambique. All three ships are insured with
the same insurer and beneficially owned or managed by the same company.

6. Maritime Labour Convention (MLC) 2006
(Recent case studies)
 One of the cases in which the crew consulted me was when the Master
called me from Dubai anchorage stating that crew had not been paid for
nearly 9 months. Owner had asked them to sail to Mumbai and was
assuring that they would be paid immediately on arrival Mumbai.
 After another 15 days Master called again informing that they were at
Mumbai outer anchorage and now the owners wanted them to sail to
Alang for demolition and the crew would be paid as soon as the owner
receives money after demolition.
 The ships crew , due to their lack of legal knowledge or MLC provisions
get influenced by owners empty promises. It was at that time I warned
the Master to ensure that they are paid BEFORE the vessel goes for
demolition.
 Its important to know that in order to exercise a lien on the vessel
for recovery of wages ,the vessel itself must exist.

7. Maritime Labour Convention (MLC) 2006
(Recent case studies)
 In yet another case I got a call from an ex student of mine who was the Ch Off of
this vessel which was abandoned and tied up within Mumbai docks.
 Crew had not been paid for nearly 10 months and were facing a financial
emergency.
 They had made all attempts to recover their wages. As the vessel was within the
Mumbai docks the crew had made innumerable visits to various offices including
their owners.
 Crew were afraid that if they left the vessel they would lose all rights to claim
their wages.
 Lack of awareness of their rights under Maritime Law or MLC , at times forces the
crew to pursue an option which is really not required.
 However, I am pleased to inform that sustained legal notices and threat of court
action ,finally coaxed the MLC insurers to clear the entire crews wages permissible
under MLC, within 20 days of my intervention.

8. Maritime Labour Convention (MLC) 2006
(Manning Agents & violation of MLC)
 Despite strong implementation of MLC by the authorities ,there is yet another
threat which casts its draconian shadow over our industry. The threat of
unscrupulous manning agents who take advantage of prospective seafarers
from inland cities, where the gullible youth are tempted with lucrative offers
of attractive wages. It’s a known fact that these heartless monsters disappear
after they have fleeced their innocent victim.
 While there are some who don’t disappear but alternately extract huge sums
from innocent youth just to place them on board vessels where owners have
no intention of paying them ever.

9. Maritime Labour Convention (MLC) 2006
(Manning Agents & violation of MLC)
 I will discuss two cases where the innocent seafarers were duped by these rascals and put
onboard vessels after extracting huge sums.
 One was narrated by an AB who along with three other Indian seamen was placed on board
after paying a huge sum.
 He told me that he had no option as his family had already spent a large amount in pre sea
training and various courses.
 The group joined the vessel in Malta anchorage .Vessel stayed outside Malta waters for nearly
a month. After around a month the vessel was ordered to sail towards Morocco after crossing
Gibraltar.
 Vessel dropped anchor off some Moroccan Atlantic port for seven days. They were chased
away by the port authorities after a few days .The vessel was then drifting in international
waters for nearly 4 days..
 While drifting, a small boat came alongside the vessel and a couple of shore personnel loaded
close to 10 to 15 tons of sealed cargo.
 Master had informed the crew to stay indoors as the loading would be done by shore crew.

10. Maritime Labour Convention (MLC) 2006
(Manning Agents & violation of MLC)
On completion of loading, vessel sailed from Morocco and entered Mediterranean sea.
While passing the coast of Italy they were interrupted by the Italian coast guard who boarded the
vessel.
On inspection it was discovered that vessel was carrying drugs in the cargo loaded off Morocco.
The entire crew ,including the Master was arrested .Crew
stayed in prison for close to 18 months !!!!!!while the
Master was held back even after the release of crew.
They were released after 18 months and that too without
any wages.
Such stories are in abundance where nefarious manning agents fool innocent seafarers.

11. Maritime Labour Convention (MLC) 2006
(Manning Agents & violation of MLC)
 In yet another case , I received a WhatsApp call from an AB on board a vessel anchored off
Maldives.
 He informed that he, along with two other Indian crew were sent to join a vessel off
Maldives.
 They had signed the contract for a particular vessel but on arrival Maldives were placed on
another vessel.
 After nearly 6 months and no wages they realised that the vessel had been sold to a new
owner who refused to accept any liabilities.
 On purchase of the vessel , previous owners transferred them to another vessel ,also in
Maldives anchorage , with the promise of clearing their wages.
 They had made several attempts to get in touch with the manning agent in India , who after
some time stopped taking their calls.
 The concerned crew informed me that they had received just USD 200 for their entire stay of
nearly 9 months.
 On receiving their distressing message, I immediately contacted the DG shipping.

12. Maritime Labour Convention (MLC) 2006
(Manning Agents & violation of MLC)
 I am extremely pleased to state that within one hour of receiving my
mail, DG shipping office swung into action and directed the manning
agent to present himself for explanation . A show cause notice was
issued against that manning agent.
 Additionally DG shipping also informed the Indian embassy in Maldives
and I am in copy of a mail from the embassy confirming that they
would immediately visit the distressed seafarers and try to repatriate
the crew back to India at the earliest.

13. Maritime Labour Convention (MLC) 2006
(Proactive action by DG shipping & the Unions)
 It is very encouraging to learn that off late DG shipping and also the unions are
taking very proactive action to weed out the rotten apples.
 They have been very stern in ensuring that the unethical manning agents are
closed down.
 Its this sustained efforts of the authorities and unions which is now showing results
and those who have escaped any action have started falling in line.
 I have heard some of the unaffected persons commenting that the authorities are
overreacting in their drive to clean up the mess.
 I wonder if such critics are waiting for ………
“An atmosphere where protection of MLC is denied to
some of the seafarers or an atmosphere where it is
denied to all of the seafarers”.
 A wrong has to be nipped in the bud immediately as there is no such thing as
nipping it GRADUALLY !!!!. It must with nipped instantly with one single clean
strike!!!!
 I for one would thank and request the DG shipping to sustain this effort till ,if not
all, atleast majority of crooks are decimated.

14. SOME SUGGESTIONS FOR BETTERMENT OF
SEAFARERS
1.Create a monitoring cell in the DG shipping which will on a regular basis update the
list of suspicious manning agents.
2.Ensure that the list is displayed in every institute imparting STCW courses.
3. Make it obligatory for all institutes imparting STCW courses to conduct at least one
session of one hour educating the students on MLC and of the precautions to be
observed prior joining any company.
4.Impose a restriction on P & I club which has failed to support the seafarer in cases of
abandonment.
5. Form an impartial committee headed by DG shipping to manage SWF amount for
providing relief to seafarers.
6.Create a system whereby every manning agent must submit a “midterm” report to
DG shipping giving details of the wages paid to all the seafarer employed by him. DG
shipping may kindly consider the contents and frequency of the report in order to
ensure that manning agent is always on his toes. This would ensure that, if there is any
lapse in payment of the crew ,the situation is controlled at an early stage itself.
I WOULD BE GRATEFUL IF THE STALWARTS OF INDIAN SHIPPING PRESENT HERE
COULD FURTHER CONTRIBUTE TO THESE SUGGESTIONS

15. Maritime Labour Convention (MLC) 2006
(Latest Statistics)
 IMO says that there is a clear understanding that seafarers are ultimately
responsible for implementing many of IMO's measures including MLC.
 Hence it is imperative that a continuous training of the provisions of MLC is
imparted to the seafarers.
 Statistics show that as on 31 December 2018, there were 366 abandonment
incidents listed in the database since it was established in 2004, affecting 4,866
seafarers. Of those incidents, 175 cases were resolved, 77 cases were disputed and
52 cases were inactive. There were still 52 unresolved cases.
 From 2011 to 2016, the number of cases per year ranged from 12 to 19.
 In 2017 and 2018, the cases reported increased drastically , there were 55 cases
reported, 14 of which were resolved that year and eight were resolved in 2018.
 In 2018, the total number of reported cases was 44 and of these, 15 cases had so
far been resolved as of 31 December 2018.
 Of the cases reported in 2018, eight involved flag States which had not ratified
MLC, 2006, as follows: Bahrain, the Democratic Republic of the Congo, Dominica,
the United Republic of Tanzania and the United Arab Emirates.

16. Maritime Labour Convention (MLC) 2006
(Masters Role under MLC)
As master we must understand that this is an International convention . It does not apply directly to
shipowners, ships or seafarers but rather places an obligation on the countries which have ratified the
convention to implement the convention them selves through their national laws. Hence implementation
of MLC by shipowners draws its sustenance from the national laws and Master being the legal
representative of the owner is expected to implement the same on board.
He has to ensure that all on board have
1.Proper medical certificate (this is a master’s responsibility besides FPD ashore)
2.All have proper STCW certification
3.All have been explained the complaints procedure in a language which they understand and a
signature is obtained that they have understood the same.
4.A copy of CBA is on board
5.One of the strongest job of Master to ensure that the skill and knowledge of all under his command is
constantly upgraded.
6.Adequate entertainment facilities are available on board.
7.Medicines on board must be as per International Medical guide for ships
8.Shipowner must have an insurance certificate and the same must be placed at a location visible to all.
ARE YOU AWARE THAT AS PER MLC CREW SLEEPING QUARTERS MUST BE ABOVE
THE VESSELS LOADLINE !!!!

17. Relevant NGOs in consultative status with
IMO where a seafarer can seek help
 International Transport Workers' Federation (ITF);
 International Chamber of Shipping (ICS);
 International Christian Maritime Association (ICMA);
 International Maritime Health Association (IMHA);
 International Association of Classification Societies (IACS);
 International Federation of Shipmasters' Associations (IFSMA);
 International Ship Suppliers & Services Association (ISSA);
 International Group of Protection and Indemnity Associations (P&I Clubs);
 International Harbour Masters' Association (IHMA);
 International Association of Ports and Harbors (IAPH); and
 The Pew Charitable Trusts (Pew).

18. NGOs with consultative or observer
status in ILO
 International Trade Union Confederation (ITUC);
 International Organisation of Employers (IOE);
 World Federation of Trade Unions (WFTU);
 Organization of African Trade Union Unity (OATUU);
 Business Africa;
 African Regional Organisation of the International Trade Union Confederation;
 Democratic Organization of African Workers' Trade Unions;
 International Confederation of Arab Trade Unions;
 General Union of Chambers of Commerce, Industry and Agriculture for Arab Countries;
 Association of Latin American Industrialists;
 Latin American Central of Workers;
 Caribbean Employers' Confederation;
 Caribbean Congress of Labour;
 Permanent Congress of Trade Union Unity of the Workers of Latin America