The International Labour Organisation's Maritime Labour
Convention 2006 (the "Convention") comes into force on 20
August 2013. It consolidates and updates the existing extensive
instruments currently in place.
The Convention, dubbed as the "seafarers' international
bill of rights" is seen as having two primary purposes:
1. to bring the system of protection contained in existing labour
standards closer to the workers concerned, in a form consistent
with the rapidly developing, globalised sector; and
2. to improve the applicability of the system so that shipowners
and governments interested in providing decent conditions of work
do not have to bear an unequal burden in ensuring protection.
The Convention will apply to every ship of 500GT or more that is
engaged on international voyages or operates from a port or between
two ports of another Member State. Each ship will need to be
certificated in accordance with the Convention.
The Convention does not apply to:
1. ships which navigate exclusively in inland waters or waters
within, or closely adjacent to, sheltered waters or areas where
port regulations apply;
2. ships engaged in fishing;
3. ships of traditional build such as dhows and junks;
4. warships or naval auxiliaries.
It applies to all commercial yachts and to those private yachts
wishing to maintain full certification. Many private yachts will
wish to comply as best practice.
The Convention is organised into three main parts:
1. the Articles, which out set out the broad principles and
obligations;
2. the Regulations, which set out the more detailed provisions;
and
3. the Code (with two parts: Parts A and B).
The Regulations and the standards in the Code are integrated and
organised into general areas of concern under five headings:
1. Minimum requirements for seafarers to work on a ship;
2. Conditions of employment;
3. Accommodation, Recreational Facilities, Food and Catering;
4. Health Protection, Medical Care, Welfare and Social Security
Protection; and
5. Compliance and Enforcement.
It covers new ground, particularly in the area of occupational
safety and health to meet current health concerns, such as the
effects of noise and vibration on workers or other workplace
risks.
The Convention is intended to achieve more compliance by operators
and owners of ships and to strengthen enforcement of standards
through mechanisms which operate at all levels. For example, it
contains provisions for:
1. complaint procedures available to seafarers to ensure their
rights to decent working conditions are protected;
2. shipowners' and shipmasters' supervision of conditions
on their ships;
3. flag States' jurisdiction and control over their
ships;
4. port State inspections of foreign ships.
By requiring ratifying Members not only to implement the Convention
in the national laws but also to document their implementation, the
Convention should also enhance the effectiveness of the supervision
carried out at the international level. This should assist to
reduce any delays related to inspection of ships at foreign
ports.
The Convention is overall considered as a fair balance between
ensuring labour standards and a good level of regulation on the one
hand and the promotion of productivity and competition on the other
hand. However, the international super yacht community has been
grappling with providing decent crew accommodation without losing a
substantial area of guest space.
The Isle of Man has a well established and well respected Ship
Registry that has attracted extensive merchant ships and commercial
yachts to its register. The Isle of Man Ship Registry is a modern
flag registry with a strong emphasis on quality, high standards and
efficient service. The Isle of Man Ship Registry has worked in
conjunction with the industry to provide guidance to both seafarers
and ship owners together with effective assistance with the
regulatory requirements of the Convention.
Any Isle of Man entities engaged in employing seafarers will need
to ensure they have a proficient and well regulated recruitment
system to meet the standards set by the Convention.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.