International Labour Organization ILO Maritime Labour Convention MLC

International Labour Organization (ILO) Maritime Labour Convention (MLC 2006) Implementation Plan United States Coast Guard April 2013

Talking Points § BACKGROUND § THE CONVENTION § US RATIFICATION – PROCESS § GAP ANALYSIS § US IMPACT/IMPLEMENTATION § VOLUNTARY IMPLEMENTATION

MLC 2006 - Background • Adopted by ILO in February 2006 in Geneva, Switzerland. • “Fourth pillar” of the international regulatory regime. • Comprehensive set of global standards • Primary purpose – Sets out seafarer’s rights to decent work conditions, and – Create conditions of fair competition for shipowners • In response to “Globalization”

MLC 2006 – The Convention Background § MLC 2006 - consolidation and revision of previous ILO conventions dealing with issues of seafarer working and living conditions. – 38 Conventions and – 30 Recommendations § Compliance - may be demonstrated through laws/regulations and industry practice, and the use of “substantial equivalency. ” § Convention will enter into force on 20 August 2013 (30 signatory nations & 33% of world tonnage).

MLC 2006 – The Convention Ratifying countries Antigua and Barbuda Australia Bahamas Benin Bosnia & Herzegovina Bulgaria Canada Croatia Cyprus Denmark Fiji Finland France Gabon Greece Kiribati Latvia Lebanon Liberia Luxembourg * Malta Marshall Islands Morocco Netherlands Norway Palau Panama Philippines Poland Russian Federation St. Kitts & Nevis St Vincent & the Grenadines Serbia Singapore Spain Sweden Switzerland* Togo Tuvalu * Inland nations with no PSC.

MLC 2006 – The Convention Structure • Similar to IMO’s STCW Convention – Articles – principles and obligations – Regulations - Standard – Two Part Code • Part A – Standard (mandatory) • Part B – Guidelines (non-mandatory) § Article V - "no more favorable treatment clause” which requires ratifying Governments to impose Convention requirements on vessels from a non-ratifying Government when calling into their ports. § Provision is also included in SOLAS and STCW Conventions.

MLC 2006 – The Convention Applicability § Seafarer – any person who is employed or engaged or works in any capacity on board a ship § Ship – all commercial vessels (public & private), regardless of tonnage, that operate on foreign or domestic voyages – – Requires vessels over 500 GT to be issued an MLC certificate Vessels under 500 GT are still required to be inspected Fishing vessels, warships and naval auxiliaries are exempted Convention provides application flexibilities for smaller tonnage vessels

MLC 2006 – The Convention Content • Title 1 – Minimum requirements of seafarers to work on a ship • Title 2 – Conditions of employment • Title 3 – Accommodation, recreational facilities, food and catering • Title 4 – Health protection, medical care, welfare and social security protection • Title 5 – Compliance and enforcement

MLC 2006 – U. S. Ratification § Ratification of ILO Conventions requires tripartite consultations between government, employee and employer organizations. § The “President’s Committee on the ILO” oversees the consultative process. § May 2010 - identified MLC 2006 as Convention for ratification. § Tripartite Advisory Panel on International Labor Standards (TAPILS) - chaired by the Solicitor of Labor. TAPILS reports to the President’s Committee on the ILO who then submits the findings and recommendations from TAPILS to the Senate’s Foreign Relations Committee. § The U. S. Coast Guard was tasked to lead the TAPILS effort.

MLC 2006 – Gap Analysis § U. S. compliance with international labor conventions - through existing U. S. laws, regulations and practice. § Coast Guard is conducting Gap: – Working with the seafarer and shipowner organizations to identify laws, regulations and practices. – Working with other government agencies to address requirements that are not within the purview of the Coast Guard, i. e. wages and social security. – Actively engaged with ILO § This gap analysis is the base document for the TAPILS process. § Takes into account all flexibilities afforded by the Convention – substantial equivalency, exemptions, tonnage relaxation, etc.

MLC 2006 – Gap Analysis APPLICATION OF THE CONVENTION § SHIP – Convention definition is the same definition as the STCW Convention § “Vessels operating beyond the boundary line” § SEAFARER – currently examining categories of seafarers in the context of ILO Resolution in support of the MLC 2006, “concerning information on occupational groups. ”

MLC 2006 – Gap Analysis Sample of Gaps § Identification of Hazardous and Night work restrictions for seafarers 18 years of age and below § U. S. regulations fall short of the MLC 2006 standards for accommodation and recreational facilities (construction and equipment standards). § Catering staff shall be properly trained or instructed for their positions. § On-board complaint procedures. § On-shore seafarer complaint-handling procedures.

MLC 2006 – Impact/Implementation FLAG STATE RESPONSIBILITIES • Regardless if U. S. ratifies – need to be prepared to implement for U. S. fleet – Article V of Convention – “no more favorable treatment clause” • Issuance of “Voluntary Compliance documents” to vessels on international voyages – Guidance published for comment – 30 day comment period • Working on bilateral agreements with ratifying countries • enforce ILO Convention

MLC 2006 – Voluntary Implementation NVIC • A NVIC has been developed that will establish a voluntary inspection program for U. S. vessels over 500 GT (ITC) • Statements of Voluntary Compliance (SOVC) will document compliance with the U. S. laws, regulations or other measures conforming to the MLC standards • SOVC will be consistent with the MLC documents – will include the 2 part Declaration of Maritime Labor Compliance – Part I is prepared by the CG and will reference all U. S. laws, regulations or other measures conforming to the MLC standards – Part II is prepared by the vessel owner and documents the measure they have put in place to ensure compliance with the Part I.

MLC 2006 – Voluntary Implementation NVIC • The CG will authorize Recognized Class Societies (RCS) to conduct MLC inspections and issue SOVCs • The CG does not intend to inspect classed vessels • The CG does not intend to conduct inspections on vessels under 500 GT (ITC). A template for a “self declaration” will be provided in the NVIC and on Homeport

MLC 2006 – Voluntary Implementation NVIC comments • Include definitions for seafarer, ship/vessel, shipowner • Certificate name – Voluntary compliance • Use of substantial equivalency • Clarification on the following issues – Use of current requirements in 46 CFR to address accommodation, recreational facilities and hospital space requirements (only for construction and equipment requirements) in 46 CFR – ILO 147 ratification to include Conventions 92 & 133 – Ensure NVIC is clear that inspection is against DMLC Part I – U. S. laws, regulations, practice and substantial equivalency – Use of the 5 -year medical certificate – foreign seafarers for vessels authorized to carry foreign seafarers according with U. S. law

MLC 2006 – Voluntary Implementation NVIC – NVIC comments • 3 New enclosures – Guidance on hazardous activities for persons under the age of 18 – Guidance on Complaints procedures – Guidance on knowledge requirements for cooks • Clarification of the use of recruitment and placement services – Agencies in ratifying countries – Agencies in non-ratifying countries • Deletion of Job Aid • Use of ISM and industry practice to meet Health and safety and accident prevention

MLC 2006 – Impact/Implementation PORT STATE RESPONSIBILITIES • If U. S. does not ratify – will not enforce MLC on PSC exams. Continue to enforce ILO Convention 147 • If the U. S. ratifies – it is expected that existing PSC regime will include the MLC requirements.

Contact Information Mayte Medina Chief, Maritime Personnel Qualifications Division Office of Operating and Environmental Standards US Coast Guard (202) 372 1406 Mayte. Medina 2@uscg. mil

Questions ? ? September 2012