INTERTANKOINTERTANKOLATIN AMERICAN PANELLATIN AMERICAN PANEL

INTERNATIONAL LABOR INTERNATIONAL LABOR ORGANIZATIONORGANIZATION

MARITIME LABOR MARITIME LABOR CONVENTIONCONVENTION

JOSEPH ANGELOJOSEPH ANGELO25 APRIL 200625 APRIL 2006

BACKGROUNDBACKGROUND

• NOTNOT A GOVERNMENT INITIATIVE A GOVERNMENT INITIATIVE• INDUSTRY INITIATIVE INTRODUCED BYINDUSTRY INITIATIVE INTRODUCED BY

INTERNATIONAL SHIPPING INTERNATIONAL SHIPPING FEDERATION (ISF)FEDERATION (ISF)

• ISF ADVOCATED A RADICAL APPROACH – ISF ADVOCATED A RADICAL APPROACH – NEW PROBLEMS NEED NEW SOLUTIONSNEW PROBLEMS NEED NEW SOLUTIONS

• 6 YEAR 6 YEAR EFFORT THAT BEGAN IN 2000EFFORT THAT BEGAN IN 2000

PROBLEMS WITH EXISTING PROBLEMS WITH EXISTING ILO INSTRUMENTSILO INSTRUMENTS

• TOO MANYTOO MANY EXISTING ILO INSTRUMENTS EXISTING ILO INSTRUMENTS• OUTDATEDOUTDATED – DID NOT REFLECT CURRENT – DID NOT REFLECT CURRENT

WORKING & LIVING CONDITIONSWORKING & LIVING CONDITIONS• NOT ADEQUATELY RATIFIED WORLDWIDENOT ADEQUATELY RATIFIED WORLDWIDE• INADEQUATEINADEQUATE AMEMDMENT PROCEDURES AMEMDMENT PROCEDURES• NO PRACTICALNO PRACTICAL ENFORCEMENT PROCEDURES ENFORCEMENT PROCEDURES

CONVENTION STRUCTURECONVENTION STRUCTURE

• VERTICAL STRUCTUREVERTICAL STRUCTURE• ARITCLESARITCLES – – LEGAL PROVISIONS, DEFINITIONSLEGAL PROVISIONS, DEFINITIONS• REGULATIONSREGULATIONS – – PRINCIPLES, OBLIGATIONSPRINCIPLES, OBLIGATIONS• CODECODE – – DETAILS TO IMPLEMENT REGSDETAILS TO IMPLEMENT REGS

PART A – PART A – MANDATORYMANDATORY STANDARDS STANDARDS PART B – GUIDELINES - NOT MANDATORYPART B – GUIDELINES - NOT MANDATORY

REGS & CODE – FIVE TITLESREGS & CODE – FIVE TITLES

• MINIMUM REQUIREMENTS FOR MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON SHIPSSEAFARERS TO WORK ON SHIPS

• CONDITIONS OF EMPLOYMENTCONDITIONS OF EMPLOYMENT• ACCOMMODATION, RECREATIONAL ACCOMMODATION, RECREATIONAL

FACILITIES, FOOD AND CATERING FACILITIES, FOOD AND CATERING • HEALTH PROTECTION, MEDICAL CARE, HEALTH PROTECTION, MEDICAL CARE,

WELFARE, AND SOCIAL SECURITYWELFARE, AND SOCIAL SECURITY• COMPLIANCE AND ENFORCEMENTCOMPLIANCE AND ENFORCEMENT

DEFINITIONSDEFINITIONSSEAFARERSEAFARER• ANY PERSON EMPLOYED OR WORKING IN ANY PERSON EMPLOYED OR WORKING IN

ANY CAPACITY ON BOARDANY CAPACITY ON BOARD• RESOLUTION TO ASSIST ADMINISTRATIONS RESOLUTION TO ASSIST ADMINISTRATIONS

IN DETERMINING WHO MAY BE EXCLUDEDIN DETERMINING WHO MAY BE EXCLUDEDSHIPOWNERSHIPOWNER• OWNER, MANAGER, AGENT, BAREBOAT OWNER, MANAGER, AGENT, BAREBOAT

CHARTERERCHARTERER• PERSON OR ORGANIZATION ASSUMING PERSON OR ORGANIZATION ASSUMING

RESPONSIBILITY FOR OPERATIONS RESPONSIBILITY FOR OPERATIONS

APPLICABILITYAPPLICABILITY• ALL SHIPS 200 GROSS TONS AND ALL SHIPS 200 GROSS TONS AND

ABOVE ORDINARILY ENGAGED IN ABOVE ORDINARILY ENGAGED IN COMMERCIAL ACTIVITIESCOMMERCIAL ACTIVITIES

• EXCLUDESEXCLUDES SHIPS EXCLUSIVELY IN SHIPS EXCLUSIVELY IN INLAND OR SHELTERED WATERS INLAND OR SHELTERED WATERS WHERE PORT REGULATIONS APPLYWHERE PORT REGULATIONS APPLY

• EXCLUDESEXCLUDES SHIP ENGAGED IN SHIP ENGAGED IN FISHING, DHOWS, JUNKS, WARSHIPSFISHING, DHOWS, JUNKS, WARSHIPS

MARITIME LABOR MARITIME LABOR CERTIFICATECERTIFICATE

• ISSUEDISSUED BY FLAG STATE OR ITS RO BY FLAG STATE OR ITS RO• VERIFIESVERIFIES THAT LABOR CONDITIONS THAT LABOR CONDITIONS

COMPLY WITH NATIONAL REGULATIONSCOMPLY WITH NATIONAL REGULATIONS• VALIDITYVALIDITY – 5 YEARS – 5 YEARS (PERIODIC INSPECTIONS)(PERIODIC INSPECTIONS)• IDENTIFIESIDENTIFIES THE SHIPOWNER WHO IS THE SHIPOWNER WHO IS

RESPONSIBLE TO SATISFY OBLIGATIONS RESPONSIBLE TO SATISFY OBLIGATIONS OF THE CONVENTIONOF THE CONVENTION

DECLARATION OF MARITIME DECLARATION OF MARITIME LABOR COMPLIANCELABOR COMPLIANCE

NATIONAL LAWS AND OWNERS PLAN TO NATIONAL LAWS AND OWNERS PLAN TO IMPLEMENT 14 AREAS OF STANDARDS:IMPLEMENT 14 AREAS OF STANDARDS:

• MINIMUM AGE MINIMUM AGE • MEDICAL CERTIFICATIONMEDICAL CERTIFICATION• QUALIFICATIONS OF SEAFARERSQUALIFICATIONS OF SEAFARERS• SEAFARER EMPLOYMENT AGREEMENTSSEAFARER EMPLOYMENT AGREEMENTS• USE OF A RECRUITMENT AND PLACEMENT USE OF A RECRUITMENT AND PLACEMENT

SERVICESERVICE

• HOURS OF WORK OR RESTHOURS OF WORK OR REST• MANNING LEVELSMANNING LEVELS• ACCOMMODATIONSACCOMMODATIONS• ON BOARD RECREATIONAL FACILITIESON BOARD RECREATIONAL FACILITIES• FOOD AND CATERINGFOOD AND CATERING• HEALTH AND SAFETY AND ACCIDENT HEALTH AND SAFETY AND ACCIDENT

PREVENTIONPREVENTION• ON BOARD MEDICAL CAREON BOARD MEDICAL CARE• ON BOARD COMPLAINT PROCEDURESON BOARD COMPLAINT PROCEDURES• PAYMENT OF WAGESPAYMENT OF WAGES

SOCIAL SECURITYSOCIAL SECURITYFLAG STATE ENSURES FLAG STATE ENSURES STATE OF RESIDENCESTATE OF RESIDENCE

PROVIDES AT LEAST THREE OF THE NINEPROVIDES AT LEAST THREE OF THE NINE

- MEDICAL CAREMEDICAL CARE - INVALIDITY BENEFIT- INVALIDITY BENEFIT- SICKNESS BENEFITSICKNESS BENEFIT - SURVIVOR’S BENEFIT- SURVIVOR’S BENEFIT- OLD AGE BENEFITOLD AGE BENEFIT - FAMILY BENEFIT- FAMILY BENEFIT- MATERNITY BENEFITMATERNITY BENEFIT- UNEMPLOYMENT BENEFITUNEMPLOYMENT BENEFIT- EMPLOYMENT INJURY BENEFITEMPLOYMENT INJURY BENEFIT

PRIMARY ENFORCEMENTPRIMARY ENFORCEMENT

PORT STATEPORT STATE

FLAG STATEFLAG STATE

ILOILO

PORT STATEPORT STATE• POSSESSION POSSESSION OF MARITIME LABOR OF MARITIME LABOR

CERTIFICATE AND DECLARATION OF MARITIME CERTIFICATE AND DECLARATION OF MARITIME LABOR COMPLIANCE IS LABOR COMPLIANCE IS PRIMA FACIE PRIMA FACIE EVIDENCE OF COMPLIANCEEVIDENCE OF COMPLIANCE

• MORE DETAILED INSPECTION IF:MORE DETAILED INSPECTION IF:-- CLEAR GROUNDS CLEAR GROUNDS NOT IN COMPLIANCE NOT IN COMPLIANCE- REASONABLE GROUNDS SHIP- REASONABLE GROUNDS SHIP REFLAGGED TO AVOIDREFLAGGED TO AVOID COMPLIANCE COMPLIANCE- - COMPLAINTCOMPLAINT ALLEGING NON-COMPLIANCE ALLEGING NON-COMPLIANCE

• NON-COMPLIANCENON-COMPLIANCE CAN RESULT IN CAN RESULT IN DETENTIONDETENTION

FLAG STATE AND ILOFLAG STATE AND ILOFLAG STATEFLAG STATE• SUBMIT QUALITY ASSESSMENT SUBMIT QUALITY ASSESSMENT

REPORTS TO THE ILOREPORTS TO THE ILO

ILOILO• ““SPECIAL TRIPARTITE COMMITTEE” SPECIAL TRIPARTITE COMMITTEE”

WILL CONTINUALLY REVIEW THE WILL CONTINUALLY REVIEW THE WORKING OF THE CONVENTION WORKING OF THE CONVENTION

““NO MORE FAVORABLE NO MORE FAVORABLE TREATMENT” CLAUSETREATMENT” CLAUSE

““SHIPS MUST NOT BE DISADVANTAGED SHIPS MUST NOT BE DISADVANTAGED BECAUSE THEIR FLAG STATE HAS BECAUSE THEIR FLAG STATE HAS RATIFIED THE CONVENTION”RATIFIED THE CONVENTION”

• INTENTION IS TO ENCOURAGE INTENTION IS TO ENCOURAGE RATIFICATION BY ALL STATESRATIFICATION BY ALL STATES

• A A RATIFYING PORT STATERATIFYING PORT STATE MAY MAY INSPECT THE WORKING AND LIVING INSPECT THE WORKING AND LIVING CONDITIONS ON SHIPS OF A CONDITIONS ON SHIPS OF A NON-NON-RATIFYING FLAG STATERATIFYING FLAG STATE

““NO MORE FAVORABLE NO MORE FAVORABLE TREATMENT” CLAUSETREATMENT” CLAUSE

• NO CERTIFICATES – NO PRIMA FACIE NO CERTIFICATES – NO PRIMA FACIE EVIDENCE TO REVIEWEVIDENCE TO REVIEW

• PSC SUBMITS FINDINGS TO OTHER PSC SUBMITS FINDINGS TO OTHER PSC AUTHORITIES AND TO THE ITFPSC AUTHORITIES AND TO THE ITF

• DETENTION A DEFINITE POSSIBILITYDETENTION A DEFINITE POSSIBILITY

CONVENTION EXCLUSIONSCONVENTION EXCLUSIONS

• PENSION BENEFITSPENSION BENEFITS – SEAFARERS – SEAFARERS PENSION CONVENTION NO. 71 IN EFFECTPENSION CONVENTION NO. 71 IN EFFECT

• LEGAL JURISDICTIONLEGAL JURISDICTION – SEAFARER CAN – SEAFARER CAN USE LEGAL SYSTEM OF FLAG STATE OR USE LEGAL SYSTEM OF FLAG STATE OR RESIDENCE, BUT NOT “SHOP” FOR GOOD RESIDENCE, BUT NOT “SHOP” FOR GOOD LEGAL SYSTEM OF PORT STATELEGAL SYSTEM OF PORT STATE

• CREW CLAIMS AND ABANDONMENTCREW CLAIMS AND ABANDONMENT – – JOINT IMO/ILO WORKING GROUP WILL JOINT IMO/ILO WORKING GROUP WILL CONTINUE TO DISCUSSCONTINUE TO DISCUSS

ENTRY INTO FORCE ENTRY INTO FORCE PROVISIONSPROVISIONS

• RATIFICATION BY RATIFICATION BY 30 COUNTRIES30 COUNTRIES WITH A TOTAL SHARE OF WITH A TOTAL SHARE OF 33 33 PERCENT PERCENT OF THE WORLD’S GROSS OF THE WORLD’S GROSS TONNAGETONNAGE

• EU EU REPRESENTS 25 COUNTRIES AND REPRESENTS 25 COUNTRIES AND 27 PERCENT OF TONNAGE27 PERCENT OF TONNAGE

• ENTRY INTO FORCE EXPECTED WITHIN ENTRY INTO FORCE EXPECTED WITHIN 3-5 YEARS3-5 YEARS