Maritime Labour Convention Research Articles

Transport workers and global supply chain governance

INTERNATIONAL union rights Page 22 Volume 21 Issue 4 2014 REPORT ❐ LABOUR RIGHTS AND THE SUPPLY CHAIN Garments produced in the Indian state of Gujarat are likely to be handled by at least 13 different groups of transport workers before arriving at a UK retail store lower cost countries in the late 1940s. By registering vessels in countries such as Panama and Liberia, national regulations could be evaded. Over the past six decades ITF unions have fought back. Starting with industrial action by dockers against ships with poor working conditions, the FOC campaign has resulted in an international collective bargaining system that covers one quarter of all FOC vessels. The ITF has also succeeded in entrenching its influence in international law, such as through the ILO Maritime Labour Convention, which requires Port States to enforce minimum labour regulations. For all the historical achievements of the ITF’s FOC campaign, the downward pressure on the labour standards of transport workers is widespread . On a macro scale, the rapid growth of global trade has moved many transport jobs into nonunion spaces. A third of global shipping container volumes are now handled in Chinese ports. The much smaller statelet of Dubai, meanwhile, has carved out a niche as a global transhipment hub with its major port, land logistics, and air cargo complex. On a micro scale, new transport infrastructure has often been established right alongside traditional bastions of union power. During the mid2000s , the historically well-organised port of Mumbai was effectively wound down when new container ports were constructed a short distance down the coast. Union members that sought recognition in one these ports were the subject of repeated physical violence and intimidation. Halfway round the world in California, the immense but almost entirely non-union Inland Empire logistics complex, which employs 90,000 workers, has emerged next door to some of the world’s most highly organised dock workers. Even where transport workers have remained unionised, the relentless pressure on cost structures from lead firms has put them under enormous pressure. In many countries, low barriers to entry in the trucking sector help to create intense competition and often dangerous pressure on working conditions. In Australia, for example, trucking was the cause of 30 percent of all occupational deaths over a 10 period, and truck drivers specifically are 16 times more likely to be killed on the job than the average worker. The issues facing transport workers, therefore, may not be as high profile as the issues facing production workers. Nevertheless, there is still a serious governance gap, and a necessity to develop robust frameworks that hold lead firms accountable for labour standards in their transport operations. I t is widely accepted that lead firms have a major responsibility to govern labour standards in global supply chains. A range of regulation initiatives such as the OECD Guidelines on Multinational Enterprises, the UN Global Compact, and the Bangladesh Accord on Building and Fire Safety, identify the ultimate responsibilities of lead firms with varying degrees of precision. Production workers have been the major focus of these initiatives. Whether it is Indian garment workers making goods for European retailers, or Colombian plantation workers harvesting flowers for North American supermarkets, labour standards at the production end has been the main point of scrutiny. For many observers, it is here that the most serious labour rights abuses and governance failures occur. Comparatively little attention has been paid to the role of transport workers. And yet, the involvement of transport workers in these chains is widespread, and the governance arrangements for these workers is highly uneven. Take the example of the garment supply chain from north west India to northern Europe. Garments produced in the Indian state of Gujarat are likely to be handled by at least 13 different groups of transport workers across four different modes before arriving at a UK retail store. The journey of a typical consignment of shirts would look roughly like this. Arriving by truck in the port of Mundra’s logistics zone, they will first be stuffed into containers. The shirts would then be loaded by dockers onto a container ship heading for Dubai. Here, the shirts will be unloaded and...

The Psychological General Well-Being Index (PGWBI) for assessing stress of seafarers on board merchant ships

In their working activity, seafarers are exposed to high levels of stress that should be accuratelyinvestigated, measured, followed up and, if possible, countered. This is also required by regulations recently entered into force such as the Maritime Labour Convention 2006, recommending to consider special physiological or psychological problems created by the shipboard environment. The choice of the tools for this evaluation is challenging, and a common basic standard usable in a large scale should be identified. The aim of this study was to evaluate: 1) the suitability of the Psychological General Well-Being Index (PGWBI) questionnaire conducted on board for assessing stress in the sailing seafarers, 2) The presenceof stress in seafarers of different categories (deck officers, engine officers, deck crew, engine crew, chiefstewards/catering staff) monitored by the PGWBI. 162 male seafarers on board of 7 tankers belonging to the same shipping companywere evaluated through the PGWB questionnaire. Analysis of variance (ANOVA) was used to analyse thedifferences in the scores of the questionnaire. Engine officers exhibited significantly higher anxiety levels than the deck or engine crew, andshowed lower satisfaction than the deck crew. Deck and engine officers revealed higher self-control levelsthan the engine crew. Chief stewards/catering staff showed lower vitality levels than the deck crew. Deck or engine officers should achieve a greater self-control than the crew and this is documentedby the present study. Our findings support the view that management responsibility is more often associated with higher levels of stress. In our opinion, the PGWB questionnaire is a reasonable compromise forobtaining a global evaluation of psychological conditions, including stress of seafarers. It should be therefore considered as a large scale tool for assessing the well-being and eventual stress levels of sailing seafarers.

On the doorstep to Maritime Labour Convention. How does it involve the maritime parties?

On the doorstep to Maritime Labour Convention. How does it involve the maritime parties?

Bringing the human element to the forefront: the ILO’s Maritime Labour Convention, 2006 ready to sail

The International Labour Organization’s Maritime Labour Convention, 2006 MLC, 2006) will finally come into effect in August 2013, some seven and a half years after its adoption. The MLC, 2006, which updates and replaces almost 40 existing ILO maritime Conventions, introduces several innovatory features, including certification of labour conditions for ships of over 500 gross tons engaged in international voyages as part of a detailed flag State and port State inspection regime. The MLC, 2006 covers all aspects of maritime employment and seeks to ensure decent working and living conditions for seafarers as well as conditions of fair competition for shipowners. At the time of its entry into force, the MLC, 2006 covers already two-thirds of the world’s gross tonnage of ships.

Who will give effect to the ILO's Maritime Labour Convention, 2006?

Abstract.The Maritime Labour Convention, 2006, which takes effect on 20 August 2013, consolidates dozens of ILO standards adopted since the 1920s. It has been described as the “fourth pillar” of the international maritime regulatory regime, alongside three major IMO Conventions on safety at sea and marine pollution control. The challenge, the authors argue, will be to enforce it within the existing inspection frameworks of flag State implementation and “port State control”. Technically, the responsibility rests on the former, but the proliferation of flags of convenience suggests that the latter will have a crucial part to play too, as will, in either case, inspector training.

Adapting European Legislation to the Maritime Labour Convention 2006 Regulations in Relation to the State Responsibilities of Both the Flag State and the Control of Ships by Port State Control

The Maritime Labour Convention (MLC) 2006, which will come into force as of 20 August 2013, contemplates a new system to guarantee its regulations are being applied by including Port State Control with traditional Flag State control. The European Union has incorporated the MLC 2006 into its legislation through an agreement reached with its European social agents, as a Directive, in virtue of Article 115 of the Court of Justice of the European Commission. Thus fulfilment of the MLC 2006 has become compulsory for all EU Member States. However, it has not yet been ratified and, besides, it is subjected to certain community Port State and Flag State control mechanisms, which improve the optional character with which they are contemplated in international regulations. This work briefly explains not only the community acceptance process and its consequences, but also the effectiveness that the Port State control’s system, established in the community area, has had in 2011. The control of labour and social security conditions will soon benefit from this effectiveness.

Implementacja morskich konwencji miedzynarodowych w Polsce na przykladzie MLC 2006

Implementacja morskich konwencji miedzynarodowych w Polsce na przykladzie MLC 2006

The Maritime Labor Convention 2006 – Time for International Community to Take Interests of Seafarers’ Welfare!

The Maritime Labour Convention 2006 (MLC) was drafted under the auspice of the International Labour Organisation (ILO). Pursuant to Article VIII (3), the Convention should come into force within a year after the ratification by the thirtieth State and when the total share of the gross tonnage of ships reaches thirty-three per cent. Such goals have now achieved and the Convention is scheduled to come into force on 20 August 2013. This article aims at raising awareness of international community on this new piece of international agreement.

Report: Rights at Sea

REPORT ❐ MARITIME WORKERS’ LEGAL RIGHTS or not. The challenge now is to make it work and to make it universal. Each and every one of us has a job to do to put pressure on those countries that still haven’t ratified . Ratification and clear implementation will give this Convention the force it deserves and help ensure that seafarers everywhere finally get the rights and recognition that they need and deserve. The ITF has promised to dedicate all its resources to helping it make real changes to the lives of all seafarers. The ITF recognises the MLC as the first ever true bill of rights for those working at sea. The ITF has worked alongside shipping organisations, the ILO and governments for over a decade to jointly create and shape the MLC, and is committed to monitoring and assisting its implementation and persuading many more countries to ratify it. For nations in the Asia Pacific region, which supplies the majority of the world’s seafarers and where the bulk of global sea trade is concentrated , the MLC will underpin new seafarer employment opportunities and is a key plank in the global shipping regulatory framework designed to secure the future of a high quality and competitive shipping industry. It has been a hard-won victory to reach this moment. Now the same coalition of the ILO, unions, maritime organisations and governments have to continue to jointly build on and support the convention, and make sure that as many countries as possible ratify this landmark piece of legislation. The ITF is supporting the MLC’s launch with a range of advice and materials designed to help seafarers understand and apply it. These include a dedicated web area complete with advice and Q&As at www.itfmlc.org; a new leaflet for all those working on cruise ships, The Maritime Labour Convention 2006 – what does it mean for cruise crews, which can be downloaded at www.itfglobal.org/infocentre/pubs.cfm; and more, including the previously published, in-depth guide A seafarers’ bill of rights, available at www.itfglobal.org/infocentre/pubs.cfm/detail/23556. The MLC is also welcomed in a short film featuring Paddy Crumlin and Steve Cotton, which can be seen at www.youtube.com/watch?v=5CmXhW-JSA4. The ITF is also collaborating fully with the ILO’s welcoming publicity around the MLC, which can be seen at www.ilo.org/global/standards/maritime-labour -convention. Rights at Sea Every ship over 500 gross tonnage operating internationally will have to have a maritime labour certificate issued by its flag administration following an inspection INTERNATIONAL union rights Page 24 Volume 20 Issue 3 2013 Steve Cotton is Acting General Secretary at the International Transport Workers’ Federation (‘ITF’) in London The ITF is committed to making the MLC a success for seafarers. To find out more please visit www.itfmlc.org W e’ve been waiting over a decade to say this, and now we can: as of 20 August, a seafarers’ bill of rights exists. The Maritime Labour Convention 2006 (‘MLC’) has come into force. The MLC lays out minimum rights for seafarers and promotes good employment practices across the shipping industry. It incorporates and builds on 68 existing maritime labour conventions and recommendations to ensure decent working and living conditions. The Convention also stipulates that everyone working on board a cruise ship making international voyages is a seafarer and is entitled to the protections it guarantees. These include the right to a safe and secure workplace; fair terms of employment; decent living and working conditions ; access to medical care, health protection and welfare. The MLC has been described as the fourth pillar of shipping regulation, alongside The International Convention for the Safety of Life at Sea (‘SOLAS’), the International Convention for the Prevention of Pollution From Ships (‘Marpol’) and the Standards of Training, Certification and Watchkeeping Convention (‘STCW’). The new instrument is intended to be strictly enforced by flag states and port state control. It should provide a ‘one stop shop’ for labour standards. This will mean that all seafarers should be able to enjoy comprehensive protection of their fundamental rights, and it should also ensure good employment practice across the industry...

Safety Management Documentation Models for the Maritime Labour Convention, 2006

The Maritime Labour Convention, 2006 (MLC, 2006), which will enter into force in 2012 or 2013, focuses on seafarers’ rights, safety and health in order to promote a better shipping environment. A Declaration of Maritime Labour Compliance Part II (DMLC II) is required to state the measures taken to ensure the quality of seafarers’ living and working conditions on-board a ship. It is a challenge for ship owners to establish such a document and fit it into the existing safety management systems, International Safety Management Code (ISM). This paper proposes four possible documentation models of the ship owners’ management system to cover the DMLC II with pros and cons. An appropriate documentation model not only benefits owners with regard to enforcement of the MLC, 2006, but also helps the flag and port state administrations to perform effective and efficient inspections.

From reason-giving to collective action: Argument-based learning and European integration

The aim of this article is to contribute to the further development of deliberative theory—to make it more applicable to research on EU integration—by establishing alternative and more concise micro-mechanisms to those of the rationalist bargaining perspectives. It is suggested that the micro-mechanism through which deliberation has an effect on outcomes is what is termed argument-based learning, which means that an actor accepts the validity of a presented argument so that (s)he acts upon it. Moreover, the article differentiates between three types of argument-based learning considered relevant in the EU context. On this basis, it suggests a two-step analytical approach for studies of EU decision-making processes. In trying out the empirical relevance of the framework, it is applied to a case where one would not expect agreements on common EU policies to have been reached due to argument-based learning, namely EU coordination towards the Maritime Labour Convention (MLC). The framework proved helpful in accounting for agreements that are puzzling from a rationalist perspective.

The Maritime Labour Convention, 2006—reflections on challenges for flag State implementation

This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% has been achieved already with coverage now at 54% of the world fleet (by gross tonnage), with 18 ratifications]. It then explores challenges faced by flag States in connection with capacity to implement the ship inspection and certification system under the MLC, 2006 and other difficulties with respect to legal implementation by the flag States. The paper also comments on some challenges in connection with port State, coastal State and labour-supplying State responsibilities. The paper points out that the MLC, 2006 is a comprehensive code that covers diverse issues and a wider range of both ships and seafarers than previous conventions. It often requires interdepartmental cooperation to implement its requirements at the national level. The paper concludes that, despite the slower pace of ratification in some regions, largely because of the recent economic and other crises, it appears that many actors in the maritime sector are already actively engaged in MLC, 2006 implementation, often ahead of governments. The question is not “if” but “when” the formula will be achieved to allow the MLC, 2006 to enter into force.

The ILO Maritime Labour Convention 2006: An Example of Innovative Normative Consolidation in a Globalized Sector

This contribution discusses the ILO Maritime Labour Convention (MLC, 2006), which has been adopted at the occasion of the 94th session of the International Labour Conference. This new and innovative instrument marks an important effort to consolidate earlier standards into a single instrument. This article discusses the MLC and its specific regulatory context and features, such as its relationship with other international maritime instruments; the issue of cohesion and effectiveness of the instruments on seafarer protection; the evolving and flexible nature of the MLC, and the relationship with European Union frameworks and implementation measures.

‘A matter of principle’? EU foreign policy in the International Labour Organization

This article contributes to the debate on the role of norms in European Union (EU) foreign policy by looking at EU policies in the making of a Consolidated Maritime Labour Convention (MLC). Given the economic importance of shipping for many EU members, one would expect the EU to promote its economic interests in the International Labour Organization (ILO). However, the EU was described as a human rights promoter and had positions on the MLC that after common EU implementation will increase costs for both ship-owners and national administrations. How can this be? I answer by examining the arguments that mobilized the actors to agree to the policies conducted, differentiating between three ideal-types: pragmatic; ethical-political; and moral arguments. I conclude that moral arguments, supporting a thesis that a concern for establishing global law for the protection of rights, have been particularly important in mobilizing the EU to promote a convention of high standards.

A Study on the Maritime Labour Convention in 2006 focused on major Issues in accepting the Convention as a National Law

A Study on the Maritime Labour Convention in 2006 focused on major Issues in accepting the Convention as a National Law

From Tankers to Trawlers: The International Labour Organization's New Work in Fishing Convention

The Work in Fishing Convention, adopted at the last session of the International Labour Conference in June 2007, revises and updates a number of earlier International Labour Organization (ILO) instruments concerning the working and living conditions of fishers. The Convention aims to provide decent work for fishers and contribute to a sustainable fishing industry. Together with the Maritime Labour Convention of 2006, it stands as a prominent example of the ILO's continued effort for consolidated, flexible, and easily ratifiable labor standards.

2006년 해사노동협약상 선원 사회보장에 관한 연구

국제노동기구는 2006년 2월23일 해사노동기준에 관하여 그 동안의 협약 및 권고를 가능한 한 최신화 하고 모든 기준을 통합하여 단일의 문서로 된 해사노동협약을 채택하였다. 이 협약은 제4편 규정 제4.5조에 선원에게 적용되는 사회보장에 관하여 규정하고 있다. 규정 제4.1조 선내 및 육상에서의 의료관리, 규정 제4.2조 선박소유자의 책임에 관한 조항도 사회보장과 관련되어 있다. 우리나라가 이 협약을 비준하기 위하여서는, 우선 먼저 국내 관련법령이 협약상 선원 사회보장 요건을 충족할 수 있는지를 검토하고, 불충분한 부분에 대하여는 이를 정비할 필요가 있다. 따라서 이 연구에서는 협약상 선원의 사회보장에 관한 요건을 수용할 수 있도록 현행 국내 관련 법령과 협약 사이의 차이점을 밝히고, 이 과정에서 도출된 문제점에 관하여 그 해결 방안을 제시하고자 한다. The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.

Approaching to the Implemental issues of the Maritime Labour Convention in Korea

Approaching to the Implemental issues of the Maritime Labour Convention in Korea

2006년 해사노동협약의 채택의의

국제노동기구(ILO)는 해상근로자의 근로조건 향상과 양호한 근로환경의 보장 및 근로인격의 향상을 위하여 꾸준한 노력을 기울려 왔으며 1996년까지 채택된 39개의 해사협약과 29개의 권고를 채택하였다. 기존 해사협약은 새로운 해상 근로 환경의 변화에 따른 요구를 충족하지 못하며, 중복되는 것이 많고, 복잡한 개정구조로 인한 최신화의 어려움 등, 여러 문제점이 있다는 것이 제기되어 왔다. 이에 ILO는 2001년부터 해사 노동기준의 기존 내용을 최신화하고, 통합하는 작업을 시작하여 2006년 2월 23일 2006년 해사노동협약(Maritime Labour Convention 2006)을 채택하였다1). 따라서 여기에서는 기존 해사협약에서는 볼 수 없었던 새로운 사항에 관한 특징을 중심으로 그 의의에 관하여 살펴보고, 향후 해운산업에서의 해사노동 문제에 미치는 영향에 관하여 고찰하였다. ILO has contributed for seafarers to promote conditions of employment and decent work through maritime labour standards. Between 1920 and 1996, a total of 39 Conventions and 29 Recommendations concerning seafarers have been adopted, which demonstrates the important part of ILO activities devoted to seafarers' questions. But many instruments were outdated, deficient and not reflective of modern practice, many contained technical detail which discouraged ratification. The Governing Body of ILO, at its 262nd Session(March-April 1995), decided to set up a Working Party regarding the revision of maritime labour standards. This Working Party initiated its examination of maritime instruments to 273rd Session(November 1998) of the Governing Body. The review made by the Working Party has concluded that existing maritime Conventions were considered either up to date or were identified for promotion, most of which were approved by the Governing Body. Therefore, ILO started to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing maritime labour conventions. The Maritime Labour Convention 2006 was adopted in February 2006. This paper aims to analyze the significance of this Convention and the influence regarding to maritime labour affairs in the field of shipping industry.