It was expanding seafarer’s right which was ignored; MLC was long awaited to give the due right to them. Below are the aspirations of the conventions;
- 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
- Compliance and enforcement
The Maritime Labour Convention, 2006, A Seafarers’ Bill of Rights, An ITF Guide for Seafarers to the ILO Maritime Labour Convention, 2006 gives a full and detailed explanation of
2. rights of seafarers under maritime convention,
3. how to safeguard right and
4. conventions incorporated in to MLC.
Who are responsible for compliance and enforcement of MLC? – It is Flag State, Port state and labour agency? All together they should have mechanism to ensure initial and on going compliance of MLC.
Maintaining rest hours due to vessel operation, canal transit, arrival, departure, port operation, supplies and bunker operation is very difficult. Vessel condition, piracy watch, and small ship owner not able to meet wages and benefit requirement. New build ships built after convention also need to be designed to meet the set requirement, when setting standards, particular attention must be given to the size of rooms and other accommodation spaces, heating and ventilation, noise, vibration and other ambient factors, sanitary facilities, lighting and hospital accommodation. This is additional encounter at the building stage which is faced by naval architect and ship owners.
Glance over MLC detentions under Paris MOU and AMSA –
First 12 months – Total detention under Paris MOU 649 – 113 detention related to MLC (i.e. 17.4%). Detainable deficiencies were most frequently recorded in the areas;
Payment of wages – (39,5%),
Manning levels for the ship – (28.6%),
Other areas with high deficiency levels are (along with above or independent)
Health and safety and accident prevention- (43.1%),
Food and catering (15.4%) and accommodation (10%).
Detention by AMSA in the month of January 2015 under MLC –
2007 built Panama flag vessel detained in January by AMSA – MLC 2006 – Insufficient fresh provisions and dry stores on board for intended voyage, 6 seafarers on board with expired SEA’s, crew have not been paid wages on board since October 2014.
Indian flag vessel – MLC 2006 – Accommodation, recreational facilities and food and catering all inadequate.
Marshall Island-2012 built – MLC 2006 is not effectively implemented on board.
Vessel not compliant with MLC 2006, insufficient provisions and water and sanitary and laundry facilities are inadequate.
MLC related complaints should be immediately discussed with master or shipowner in writing as per onboard compliance procedure.
In case it is not resolved, it should be forwarded to respective flag state or port state in person or through electronic mail.
All flag states have their own form and contact details to handle MLC complaint and grievances. There should be common form and one email address to make a MLC related complaint. Does anyone know common address for forwarding complaint related to MLC or crew has to look for individual flag state contact?
Categories: Crew matters