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The Maritime Labour Convention, 2006: An opportunity for the ICSW . Dani Appave, Senior Maritime Specialist, Sectoral Activities Branch, International Labour Office. Summary of current situation. MLC 2006 adopted in February 2006 Action programme began September 2006
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The Maritime Labour Convention, 2006:An opportunity for the ICSW Dani Appave, Senior Maritime Specialist, Sectoral Activities Branch, International Labour Office.
Summary of current situation • MLC 2006 adopted in February 2006 • Action programme began September 2006 • 8 ratifications: Liberia (7.6.06), Marshall Islands (25.10.07), Bahamas (11.02.08), Bosnia Herzegovina (11.02.08), Spain (04.02.10) , Croatia (12.02.10) • 45 per cent of world fleet • Entry into force: 30 member states with 33 per cent of world fleet
Strategic goals of Action plan for MLC 2006 • End 2007: 10 ratifications or at least 15 per cent of fleet • Early 2008: development and adoption of guidelines on port state control • End 2008 development and adoption of guidelines for flag states inspections • 2009: 24 ratifications or 24 percent of fleet • 2010: 30 ratifications and 33 percent of fleet • 2011: entry into force
Are we on target for 2011 entry into force? • adoption of both guidelines (flag and port states) by end of 2008 • Many countries in middle of ratification procedures especially EU states expected to ratify before end of 2010 • Exceeded target to date for fleet percentage • Should reach 30 ratifications by end 2010
Welfare in the MLC • Existing instruments: Convention No.163 and Recommendation No.173 (see ICSW guidelines on these instruments) • How much welfare in the MLC? • All conditions of work and life of seafarers may be considered welfare • The ICSW was formed to coordinate the action of a number of organisations which were providing welfare facilities and services ashore
ICSW origins and welfare for seafarers • Shipping is a constantly changing industry • The more it changes…the issues remain the same • ICSW instrumental in adoption of C163 and R173 • ISCW members must continue to deliver facilities and services efficiently • Avoid duplication, ensure as wide coverage as possible • Challenges: Finding the resources, Coordination
MLC: more global application • When MLC enters into force, it will become widely ratified due to the inspection requirements and the « no more favourable treatment » principle linked to port state control • C163: few ratifications • MLC: wide ratifications
MLC: welfare provisions • Access to shore-based welfare facilities: Regulation 4.4 • Recreation facilities: Regulation 3.1 • Obligations in Regulations and Standard A of the Code • Guidelines in Part B of the Code • What is impact of this in practice?
MLC: value of « B » guidelines • Must give due consideration to implementing Part A in the manner provided in Part B • If it does not it will have to show to the ILO supervisory bodies that it is fulfilling Part A satisfactorily • States must ensure access and promote the development of welfare facilities and services
Welfare ashore requirements • Access to shore-based welfare facilities • Promote development of facilites • Establishment of welfare boards • IMPLEMENTATION: see guidelines
Contents of « B » guidelines • B4.4.1 Responsibilities of Members • B4.4.2 Welfare facilities and services in ports • B4.4.3 Welfare boards • B4.4.4 Financing of welfare facilities • B4.4.5 Seafarers in a foreign port • ICSW could and should be THE VEHICLE to promote and assist with implementation
Welfare on board • What should be the role of ICSW in welfare of seafarers on board? • NOW: shipowners provide welfare on board • ICSW: SHIP project….. • What’s new in MLC as regards welfare on board?
Welfare on board What’s in MLC as regards welfare on board? • Recreational activities: • Reg. 3.1 para. 1 • Standard A3.1 para. 17 • Guideline B3.1.11 Recreational facilities, mail and ship visit arrangements
Welfare on board OPPORTUNITY FOR ICSW: Providing packages to ship-owners to satisfy their obligations some or all of the items listed in paragraph 4 of the guideline B 3.1.11 and on other MLC issues, health, safety???? The components should be adapted to the needs of the seafarers concerned
Conclusions • The MLC 2006 is opportunity for the ICSW • Improvement in the provision of welfare to seafarers • Entry into force in 2011 • Preparations need to be made NOW by all concerned • ICSW needs to be ready to take advantage of changes resulting from the MLC
Info and Contacts • ILO website: www.ilo.org • ILO maritime information webpages:http://www.ilo.org/public/english/dialogue/sector/sectors/mariti.htm • Maritime Labour Convention info webpages:http://www.ilo.org/global/What_we_do/InternationalLabourStandards/MaritimeLabourConvention/lang--en/index.htm • Email:marit@ilo.org or appave@ilo.org