New maritime convention benefits Filipino seafarers

Source: Malaya

BY PAUL M. ICAMINA

THE Maritime Labor Convention of 2006, a new international labor standard, provides comprehensive rights and protection at sea.

According to the United Nations International Maritime Organization (IMO), not a few of the world’s 1.5 million seafarers frequently work under dangerous circumstances, sometimes in pirate-infested oceans. It says many seamen are not fairly compensated after accidents at sea and are often abandoned in ports.

Crafted by the International Labor Organization (ILO), the Convention becomes effective next year, a year after it was ratified by at least 30 countries representing 33 percent of world gross shipping tonnage. It becomes binding a year after a country ratifies it.

It consolidates and updates more than 65 international labor standards related to seafarers adopted over the last 80 years and sets out seafarers’ rights to decent work conditions, complementing the key Conventions of the IMO.

The Bahamas, Liberia, Marshall Islands, Norway and Panama have ratified the Convention.

It was adopted in 2006 by a record vote of 314 in favor and none against by over 1,000 participants from 106 countries. The almost unprecedented level of support reflects lengthy tripartite consultations among the ILO, governments, ship owners and seafarer organizations.

The Convention ensures that ships of ratifying countries provide decent conditions of work. These ships are protected against unfair competition from substandard ships and will benefit from a system of certification.

To determine compliance, ratifying countries may board and inspect freely and without previous notice ships (500 gross tonnage or over) that are, in turn, required to carry a maritime labor certificate and a declaration of maritime labor compliance.

Because many existing maritime labor conventions have a low ratification level, the Convention is flexible. For instance, it sets out the basic rights of seafarers to decent work in firm statements but leaves to ratifying countries how they will implement the Convention standards.

Flexibility on some provisions is provided by exempting smaller ships (200 gross tonnage and below) that do not go on international voyages. It does not apply, for example, on ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; ships engaged in fishing; traditional ships like dhows and junks; and warships or naval auxiliaries.

Because it was not clear before whether those that work on board ships but are not directly involved in navigating or operating the ship are considered seafarers, the Convention now defines a seafarer as any person who is employed or engaged or works in any capacity on board a ship.

It affirms the fundamental rights to freedom of association and the right to collective bargaining; the elimination of forced labor; abolition of child labor; and the abolition of discrimination.

Every seafarer has the right to a safe and secure workplace; fair employment terms; decent working and living conditions on board ship; health protection, medical care, welfare measures and social protection.

Employment should be at no cost to the seafarer, except in obtaining a statutory medical certificate; seafarer’s book, passport and personal travel documents. The cost of visas shall be charged to ship owners.

To prevent exploitation, financial advances and similar transactions between the ship owner and seafarers are prohibited. Expected costs should be made public during recruitment.

Collective bargaining agreements should be in place. Seafarers must be informed of their rights under employment agreements, including monthly wages, health and social security benefits and paid annual leave. Any agreement to forego the minimum annual leave with pay is prohibited.

Normal working hours should not exceed eight hours a day. Based on an eight-hour day, one day of rest per week and on public holidays should be provided. Maximum work hours shall not exceed 14 hours in a day and 72 hours in a week.

Ship owners must protect seafarers from being stranded in a foreign port. Advance payment towards the cost of repatriation is prohibited and in no way charged to the seafarer.

The right of repatriation – including food and accommodation, pay and allowances and medical treatment, when necessary – shall not be refused regardless of financial difficulties on the part of ship owners.