STAKEHOLERS FORUM ON DISSEMINATION OF CBA

1. STAKEHOLERS FORUM ON DISSEMINATION OF CBA A forum was organized by the Ministry of Employment and Social Welfare on 29th Sept. – 1st Oct. 2010 at Dodowa, to disseminate the Collective Bargaining Agreement (CBA) between the Seafarer Union and the International Transport Workers Federation (ITF).

2. CONT. It was attended by representatives from the National Union of Seamen (NUS), Regional Maritime University (RMU), Ministry of Transport (MOT), Ghana Maritime Authority (GMA), Ministry of Employment and Social Welfare (MESW), Ghana Merchant Navy Officers Association (GMNOA), Chairman of the Parliamentary Select Committee on Employment and State Enterprises.

3. CONT. The Seafarer Employment Programme has been initiated by the Authority in collaboration with the Ministry of Employment and Social Welfare and in partnership with the United Nations Development Programme (UNDP). The Programme is to create an enabling environment for Ghanaian Seafarers to access employment on foreign shipping lines.

4. CONT. The GMA made a presentation on the progress of the Programme and the draft legislation on Manning Agencies. Below is the presentation made:

5. GHANA MARITIME AUTHORITY PRESENTATION MARINA HOTEL, DODOWA SEAFARER EMPLOYMENT PROGRAMME

6. OUTLINE • THE LEGISLATIVE MANDATE OF GMA • GMA ACTIVITIES REGARDING SEAFARERS • DRAFT REGULATIONS ON MANNING AGENCIES • WAY FORWARD • CONCLUSIONS

7. LEGISLATIVE MANDATE • Ghana Maritime Authority Act, 2002 Act 630 • Ghana Shipping Act, 2003, Act 645 • International Convention On The Standards Of Training, Certification And Watchkeeping For Seafarers (STCW) As Amended • Seafarers Examination And Certification Regulations, L.I. 1790, 2004

8. GMA ACT, 2002 (ACT 630) • To Oversee Matters Pertaining To The Training, Recruitment And Welfare Of Ghanaian Seafarers - s. 2(2)(g) • Plan, Monitor And Evaluate Training Programmes Of Seafarers To Ensure Conformity With Standards Laid Down By International Maritime Conventions – s. 2(2)(h)

9. GHANA SHIPING ACT, 2003 (ACT 645) PART IV - PROVISIONS DEALING WITH ENGAGEMENT AND WELFARE OF SEAFARERS • Functions of registrar of seafarers-s. 107 • Crew agreements and contents-s. 108 • Employment of children- s. 118 • Leave and holidays- s. 144 • Medical treatment – s. 160 • Repatriation – s.182

10. STCW CONVENTION/LI 1790 • STCW Convention Prescribes Minimum International Standards For The Training And Certification Of Seafarers • Merchant Shipping (Training, Certification and Watchkeeping) Regulations, L.I. 1790 was passed In 2004 to give effect to the STCW Convention- L.I. 1790

11. GMA’S ACTIVITIES • SEARFARERS EXAMINATION AND CERTIFICATION • Reconfigured The Examination Unit • Created A Sheltered Reception Facility For Seafarers • Produced New Certificates Of Competency And Seafarer Discharge Books With Enhanced Security Features To Prevent Faking Of Documentation.

12. GMA ACTIVITIES CONT. • Created a strong room for storage of certificates and examination questions. • Internet connectivity to ensure prompt and effective responses to requests for verification and authentification of Certificates Of Competency from various maritime administrations/shipping companies.

13. CONT. • Installed Of CCTV to monitor the activities of the examination unit as a whole and the strong room in particular. • Appointed 7 medical doctors to conduct seafarer medical examinations at designated health centres in Accra, Tema and Takoradi

14. QUALITY MANAGEMENT SYSTEM (QMS) • GMA engaged Consultants to establish a QMS based on ISO Certification requirements for the Examination Unit. • Various operating procedures have been established under the QMS to ensure effective service delivery and supervision of the Regional Maritime University (RMU)

15. EMSA AUDIT • Submitted to audit by European Maritime Safety Agency (EMSA) to attest the GMA’s compliance with the requirements of the STCW Convention • The Audit Report is undergoing consideration by the EU in Brussels

16. EMSA AUDIT CONT. • THE QMS in addition to a successful EMSA Audit will ensure that a high premium is placed on Seafarer Certifcates issued by GMA • This will pave the way for the employment of Ghanaian seafarers on board European Union (EU) flag vessels

17. DRAFT REGULATIONS ON MANNING AGENCIES • THE draft L.I. is by virtue of powers given to the GMA by provisions in the Ghana Shipping Act - S. 99 & 107(2) • The L.I. was drafted with inputs from stakeholders

18. REQUIREMENTS FOR REGISTRATION • An agency shall not operate as a manning agency for the recruitment of seafarers in the maritime sector unless it fulfils the following: • The Agency is registered under the Companies Act, 1963 (ACT 179) or the Incorporated Private Partnership Act 1962 (ACT 152) • Licensed by the GMA • Registered by MESW

19. CONT. • The application to the GMA for license must contain the following: • a statement of the category of seafarers to be recruited; • the location address of the manning agency; • a statement that the manning agency possesses the requisite facilities to engage in the business of recruiting seafarers;

20. CONT. • a statement that the manning agency possesses and meets the minimum requirement for personnel, qualification and skill • appropriate insurance cover • any other information that the authority may request.

21. PROCEDURE FOR GRANT OF A LICENCE To grant a Licence the GMA shall: • conduct an inspection of the facilities of the agency to determine their suitability • ascertain whether agency has personnel with the minimum qualifications and skills required for the recruitment of seafarers • GMA shall grant a licence within 14 days

22. DETAILS OF THE LICENCE The Licence shall specify: • The duration of the licence and the period for renewal • The category of seafarers to be recruited under the licence • that seafarers recruited under the licence shall have a certificate of competence issued by the authority or an accredited body, and

23. REVOCATION OF A LICENCE A licence shall be revoked under the following conditions: • Breach of any of the conditions of the licence • Failure to renew the licence • Failure to comply with the provisions of Part IV of the GSA and these regulations. 

24. INSURANCE AND SECURITY A manning agency shall establish a system for the protection of seafarers including insurance cover for cases where the shipowner or employer fails or refuses to undertake the responsibilities of an employer in respect of the seafarer in the following circumstances: Injury, Illness, Incapacity, Death, Repatriation

25. INSURANCE AND SECURITY CONT. • The agency shall pay the insurance premium • the agency shall pay to the seafarer one month salary in addition to any compensation due to a seafarer

26. OTHER PROVISIONS • Non-transferability of a licence •  Recruitment policy/employment • Confidentiality of seafarer’s record • Filing of quarterly returns to GMA/MESW

27. DETAILS OF RETURNS The returns shall include the following information: • The number of seafarers recruited by the manning agency; • The category of recruited seafarers;   • The nationality of the seafarers; and  • The number of the recruited seafarers engaged to work on board a Ghanaian ship or on a foreign ship.

28. OFFENCES • Operating a manning agency without a licence issued by the Authority - fine of not less than 500 penalty units and not more than 1500 penalty units or a term of imprisonment of two years or to both. • Breaches any of the provisions of these regulations 500 penalty units and not more than 1000 penalty units

29. WAY FORWARD • Review L.I. 1790 to incorporate provisions of Manila amendments to STCW Convention • Accede to ILO Convention No. 185 • Procure equipment for the issuance of a biometric seafarer identity document • Marketing of Ghanaian seafarers to shipowners in major flag states

30. CONCLUSION Continue to pursue statutory mandate in collaboration with the RMU, MESW and other relevant stakeholders

31. THANK YOU FOR YOUR ATTENTION