The document discusses the responsibilities of stakeholders under the Maritime Labour Convention from the perspective of seafarers. It notes that many of the aims of the MLC were already present in Indian law and collective bargaining agreements. The MLC provides structure and formalizes these protections. As a representative of seafarers, key responsibilities include advocating for proper implementation of the MLC, ensuring seafarers' rights are upheld, and engaging with maritime authorities, shipping companies, and international bodies to protect seafarers' welfare and benefits. The MLC establishes global standards for decent work and living conditions for seafarers.

1. Maritime Labour Convention, 2006
Responsibilities of Stakeholders
(Seafarers’ Perspective)
Abdulgani Y. Serang
General Secretary-cum-Treasurer
National Union of Seafarers of India

2. For our Indian Shipping Fraternity
 Many new ILO Instruments of today are only supportive
as the intents had already been in place.
 For eg. Many aims of the Seafarers Identity Document or
the Maritime Labour Convention were already enshrined
in the Merchant Shipping Act, 1958 well before these
were even born.
 Now it is more structured and formalized.

3.  Many aspects of social benefits of the MLC already taken
care of by the NUSI and MUI alongwith the Indian/foreign
shipowners or shipmanagers.
 National Maritime Board (India) since 1957.
 INSA/MUI.
 CBAs under the foreign agreements since the 1980s.
 The supportive role of the Maritime Administration and the
Government of India throughout the years was also very
essential in achieving the objectives not only for those
under CBA but also for the totality of the Indian seafarers.
These efforts are much appreciated.
 The Indian shipping fraternity did not need any MLC to tutor
us in all aspects.

4.  Many new areas which the MLC has strongly
advocated
 Responsibilities of the Flag State.
 Responsibilities of the State supplying labour.
 Ship owners, seafarers, etc
 Primarily to protect the only human element in
shipping i.e. the seafarers.
 MLC is also called the “THE SEAFARERS’ BILL OF
RIGHTS”. And it is indeed a satisfying feeling to
proudly represent the seafarers nationally and
internationally.

5. 9 October 2015
 Marked a very important day for the
Indian shipping fraternity as the
Government of India became the
66th country to ratify the Maritime
Labour Convention (MLC), 2006.

6. Overall objectives of the
Maritime Labour Convention (MLC)
 To establish decent working and living conditions
for all seafarers worldwide.
 To ensure that governments and ship owners are
committed to establishing decent working and
living conditions for seafarers.
 To put control and enforcement mechanisms in
place to ensure there is a level playing field.
 To identify and police substandard shipping

7. As a bare minimum every seafarer has:
• A right to a safe and secure workplace that
complies with safety standards.
• A right to fair terms of employment.
• A right to decent working and living conditions on
board ship including proper rest hours.
• A right to health protection, medical care, welfare
measures and other forms of social protection.
• A right to timely payment of wages including repatriation.
Seafarers Employment & Social Rights

8. Responsibilities as a stakeholder (Representing
Seafarers) vis -a- vis in relation to the Maritime
Administration (Govt. of India)
Acknowledge the role of the Maritime Administration despite
its many limitations.
 Ensure that seafarers unions are consulted under Article 22 of
the Constitution of the ILO.
Advocate for speedy implementation particularly of all of the
“PART A” of the MLC and endeavour to have the “Part B” also
implemented.
Most importantly, at present, the ratification of the
Amendment of 2014 to the MLC giving enhanced protection to
seafarers in case of abandonment which has still not been
ratified by the Indian Government.
Indians hold the dubious distinction of being on the top in the
list of abandoned seafarers as shown by the ILO statistics in the
last ILO Geneva meeting in April, 2018.
Be an active participant in accomplishing the intents of the
MLC in areas of social benefits and other related issues etc.

9.  Also understand and try to mitigate the limitations and
hurdles of the Maritime Administration
 Influence upon the Maritime Administration to get the law
implemented and put at least one unscrupulous manning
agent or ship owner behind bars to make a point and at
the same time not make it too difficult and pressurize
those already within our fold to do their business. Not fair
to Preach the Converted.
 Bring to the notice and work together with the Maritime
Administration on various issues.
 An effective PROACTIVE approach rather than a reactive
approach from the Maritime Administration is the need of
the hour.

10.  At the same time to demand from the Maritime
Administration to give the confidence to the
seafarers and the unions that there are effective
procedural and legal systems in place.
 Errant ship owners / ship managers should be taken to
task.
 Ask the Maritime Administration to urgently bring out
effective and fair systems to ensure that those
seafarers who tarnish the name and image of the
totality of Indian seafarers do not go unpunished.
 Similarly errant seafarers should also be taken to task.
 Ask the Government of India to provide for welfare
measure in ports for visiting Indian and foreign
seafarers as mandated by the MLC.

11. Responsibilities as a stakeholder
(Representing Seafarers) vis -a- vis in
relation to the seafarers
Ensure that NUSI maintains the majority status of
representing the seafarers and neutralize all other so
called unions/associations to continue the monopoly.
Enter into best of MLC Compliant agreements.
Publicize the agreements amongst the seafarers.
Seafarers should not get trapped in the clutches of
agents and touts.
To educate the seafarers to stand up for their rights in
the given time frame as provided in the MLC in case of
non-payment of wages and abandonment.

12.  To provide proper grievance mechanism in the
agreements onboard and ashore.
 To be just and fair in our approach and ensure that the
terms of the agreements are not misused either by the
company or the seafarer
 To engage with national bodies
National Shipping Board (NSB)
National Welfare Board (NWB)
Seamen’s Provident Fund (SPF)
Seafarers Welfare Fund Society (SWFS), etc
and international bodies
International Transport Workers Federation (ITF)
International Labour Organisation (ILO)
International Maritime Organisation (IMO) etc
To ensure that the voice of the Indian seafarers is effectively
heard for the benefit of the Indian Shipping Fraternity
and particularly the Indian seafarers.

13. Responsibilities as a stakeholder
(Representing Seafarers) vis -a- vis in
relation to the Shipping Company/
Ship managers
Enter into best of MLC Compliant agreements ensuring
that the social benefits of the seafarers are covered in the
agreements.
Engage together with the shipowners in providing high
level skill enhancement.
Have systems in place so ensure fairness for Indian ship
owners who should not be used merely as training ground
or stepping stones.
Engage with all concerned to explore avenues of getting
more and more jobs for Indian seafarers.

14.  Collectively take cudgels on behalf of the ship owners.
 The MLC asks for 9 areas to be looked into as far as social
security is concerned
1) Medical care 2) sickness benefit 3) unemployment
benefit 4) old-age benefit 5) employment injury benefit
6) family benefit 7) maternity benefit 8) invalidity benefit
9) survivors benefit
Very proud and with lot of satisfaction have to state that
much much before the advents of these new 9 mantras,
the bi-partite agreements signed by NUSI or MUI apart of
only unemployment benefit covers all other benefits with
the active participation and understanding of the
shipowners / shipmanagers with whom we do business
with. Thousands and thousands of seafarers and their
family members have benefitted.

15.  New ventures like 24/7 psychological “NUSI Sahara”
counselling which has been necessitated due to stress
levels, short manning, personal and family related
issues are important welfare measure which NUSI has
gone into. English speaking course, soft skills regarding
attitude, hygiene, etc are also emulated with case
studies for other nationalities of seafarers.

16.  Challenges
 The MLC is not a magic wand and we don’t live in an
ideal world. There are ongoing issues:-
 Success of the E-migrant programme
 Criminalization of Seafarers
 Non- Payment of Wages
 Abandonment of Seafarers
 Substandard Shipping
 Skilled seafarers to meet the global demand

17. Conclusion
 The Maritime Labour Convention is not only to protect
our seafarers but it will also improve the relationship and
communication between the stakeholders.
 And a collective effort is the only way by which the
Maritime Labour Convention standards can be
achieved by the industry in the best interest of the
Indian shipping fraternity.
 While it is a collective responsibility the onus lies more
on the Maritime Administration and the Government of
India to take it forward as a duty of care particularly for
the seafarers the life line of our nation.