Brandt Wagner Senior maritime specialist Sectoral Activities Department

Brandt Wagner Senior maritime specialist Sectoral Activities Department ILO, Geneva Inspection of labour conditions in merchant ships and fishing vessels

work at sea

Challenging marine environment

Ship/vessel is workplace – but also a home

At sea, not easily accessible

When in port, often for short period

. . . and in fishing fishers often paid not a wage but by share of the catch

. . . a great variety of sizes of fishing vessels, types of fishing

. . . and, for inspectors, remote communities

ILO maritime labour standards 1920 - 1996 seafarers – 60+ fishers – 7+

inspection of labour conditions of seafarers (1920 -1996) R. 28 – 1926 C. 147 – 1976 Protocol to C. 147 – 1996 C. 178 and R. 185 – 1996

Labour Inspection (Seamen) Recommendation, 1926 (No. 28) “work of seamen. . . the nature and conditions of which are essentially different from those of work in a factory” Organization of inspection Reports of the Inspection Authorities Rights, Powers and Duties of Inspectors guidance – not binding

Globalization Multi-national crew Crew, manager, owner, flag State, ports of call – all may be different

international registers

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) minimum standards relating to: Safety social security shipboard conditions of employment living arrangements to be observed by ships registered under any flag But not fishing vessels

C. 147 Articles of Agreement Minimum Age Prevention of Accidents Food & catering Freedom of Association & collective bargaining Liability for sick & injured seafarers Medical examinations Accommodation Repatriation Officers Competency Certificates Laws or regulations

Convention No. 147 Enforcement Ratifying flag States must verify by inspection or other means that their ships comply with national laws and regulations which apply the standards prescribed by the Convention and with applicable collective agreements. Ratifying State may, on the basis of a complaint or evidence that a ships does not conform to the standards of the Convention, inspect any foreign ship calling at its ports, regardless of whether the flag State has ratified Convention No. 147 Ratifications – 56 countries.

Port State control agreements • • • Paris MOU on port State control – 1982 safety of life at sea (IMO) prevention of pollution by ships (IMO) living and working conditions on board ships (ILO). Regional agreements now in all regions

Labour conditions on board ship: Guidelines for procedure (1990) Draws upon Recommendation No. 28 and Convention No. 147. Inspection procedures, for national and foreign flag ships. Specific guidelines for the inspectors Specific guidance concerning: minimum age, medical examination, food & catering, etc. For each issue, sets out basic requirements, followed by control procedures.

1990 s – ILO recognized need to improve flag State inspection of living and working conditions on ships

Labour Inspection (Seafarers) Convention, 1996 (No. 178) Flag State implementation only Ships 500 gt + May (after consultation) be applied to commercial fishing vessels Organization of inspection system of inspection central coordinating authority inspections at intervals not exceeding three years complaint procedures qualified inspectors status of inspectors powers of inspectors Penalties Reports

C. 81/C. 178 – very similar. . . but some differences C. 178 C. 81 Workplaces shall be inspected Ships shall be inspected at intervals as often and as thoroughly as not exceeding 3 years and, when is necessary practicable, annually. Mentions complaints. Authority may exempt such areas from the application of the Convention (due to large area, sparseness of population, stage of development) Authorization of public institutions or other organizations to carry out inspections If complaint or evidence ship does not conform to laws and regulations, shall take measures to inspect the ship as soon as practicable May detain ship

Yet. . . Too many Maritime Labour Conventions and Recommendations Too much detail in Conventions Not enough ratifications Some Conventions outdated Need to improve compliance

Inspection - practices • maritime authorities, labour inspectors, recognized organization • Ships 500 gt+ • maritime authorities, labour inspectors, fisheries agencies, recognized organizations • OSH • Small vessels?

Maritime Labour Convention, 2006 Consolidates 60+ standards 1 Updates, removes unnecessary detail Improved enforcement provisions (learning from IMO approach) All ships, all seafarers Practically unanimous acceptance

MLC, 2006 – – Title 1: Title 2: Title 3: Title 4: Articles Regulations Code Part A-Standards Code - Part B-Guidelines REQUIREMENTS MANDATORY NON-MANDATORY Minimum requirements for seafarers to work on a ship Conditions of employment Accommodation, recreational facilities, food and catering Health protection, medical care, welfare and social security protection Title 5: Compliance and enforcement

Maritime Labour Convention, 2006 - System – regular inspections, monitoring, reporting, legal proceedings - Maritime labour certificate - Declaration of maritime labour compliance - port State control - Jurisdiction and control over recruitment & placement services - Sanctions, corrective measures - No more favourable treatment

MLC, 2006 Continuous “compliance awareness” at every stage

MLC, 2006 Maritime Labour Certificate certifies 14 inspection areas prima facie evidence of compliance Declaration of Maritime Labour Compliance Part I - summarizes the national laws or regulations implementing an agreed-upon list of 14 areas of the maritime standards (completed by competent authority) Part II - shipowner’s plan for ensuring that the national requirements implementing the Convention will be maintained on the ship between inspections (completed by shipowner)

14 items to be inspected and certified Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of recruitment and placement agencies Hours of work or rest Manning levels Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

MLC, 2006 maritime labour certificate - inspections – initial, intermediate (3), renewal (5) - flag State, shipowner changes – invalid - not required for vessels under 500 gt - interim certificate (6 months) declaration of maritime labour compliance - inspection reports

MLC, 2006 inspection system: - drawing up national documents - providing sufficient qualified inspectors - rules and regulations for inspectors’ powers, status and independence - guidelines on inspectors’ tasks - credentials for inspectors - reporting responsibilities - delegation to ROs (if used) - complaint procedures

MLC, 2006 inspectors: - not just “nuts and bolts” - inspecting relevant areas of ship - examining documentation - interviewing crew

MLC, 2006 port State control - guidelines - training - onshore complaint procedures

ILO tools to assist inspection authorities, inspectors with MLC, 2006 Guidelines for flag State inspectors Guidelines for port State inspectors Training of trainers courses!!! Harmonization! MLC, 2006 will enter into force soon!

Work in Fishing Convention, 2007 (No. 188)

Work in Fishing Convention, 2007 why? Consolidate existing ILO standards for fishers Cover all fishers, all fishing vessels Fishing vessels excluded from MLC, 2006 Need flexibility for smaller vessels Need compliance and enforcement provisions Port State control

Structure of Convention No. 188 n Preamble n PART I. Definitions and scope of application (+ Annex I) n PART II. General principles Ø PART III. Minimum requirements for work on board fishing vessels (R. 199, Part I) n PART IV. Conditions of service (+Annex II) (R. 199, Part II) n PART VI. Medical care, health protection and social security (R. 199, Part IV) n PART VII. Compliance and enforcement (R. 199, Part V) n PART VIII. Amendment of Annexes I, II and III n PART IX. Accommodation and food (+Annex III) (R. 199, Part III) Final provisions

Estructura del Convenio Nº. 188 Preámbulo n PARTE I. Definiciones y ámbito de aplicación (+ Anexo I) n PARTE II. Principios generales Ø PARTE III. Requisitos mínimos para trabajar a bordo de buques pesqueros (R. 199, Parte I) n PARTE IV. Condiciones de servicio (+ Anexo II) (R. 199, Parte II) n PARTE V. Alojamiento y alimentación (+ Anexo III) (R. 199, Parte III) n PARTE VI. Atención médica, protección de la salud y seguridad social (R. 199, Parte IV) n PARTE VII. Cumplimiento y control de la aplicación (R. 199, Parte V) n PARTE VIII. Enmiendas a los anexos I, II y III n PARTE IX. Disposiciones finales

Work in Fishing Convention Laws, regulations or other measures Central coordinating authority Compliance and enforcement effectively exercise jurisdiction and control Inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures

Work in Fishing Convention Compliance and enforcement Larger vessels (24 m) and vessels on longer voyages inspection every 3 years valid document sufficient number of qualified inspectors effective system for the inspection of living and working conditions on board fishing vessels (can use recognized organization) Complaint procedures Port State control

ILO tools to assist inspectors with Work in Fishing Convention Port State control guidelines Handbook Training Course South-South cooperation – Peru, November 2009

Challenges Who will inspect fishing vessels? How to effectively inspect smaller fishing vessels? Coordination among authorities (labour, fisheries, maritime safety, others) is essential

International Organisations Port Inspection Legislative body Health Authority Environment Agency central co-ordinating Authority? Regional bodies Fisheries Agency Other?

Obrigado pela sua atenção Gracias por su atención Thank you for your attention www. ilo. org MLC, 2006 training course: http: //training. itcilo. org/ils/