The guidelines contained in this book are an important international resource for implementing port State responsibilities under the Maritime Labour Convention, 2006 (MLC). They were adopted by the ILO in September 2008 together with Guidelines for flag State inspections under the MLC, 2006.
Provides practical advice for port State control officers (PSCOs) verifying compliance of ships with the requirements of the Maritime Labour Convention, 2006 (as implemented under the national law concerned).
The present Guidelines provide practical advice to port State control officers (PSCOs) verifying compliance of foreign ships with the requirements of the MLC, 2006. Chapter 1 contains an overview of the special features of the MLC, 2006 and its key concepts. Chapter 2 relates to the required profile of PSCOs under the MLC, 2006. Chapter 3 covers the required review of documents in the case of ships that carry certification under the MLC, 2006. It explains when a more detailed inspection may be carried out. The main inspection tool is provided by Chapter 4, indicating the basic requirements to be complied with, sources of information for checking compliance and examples of deficiencies, in the 16 areas of working and living conditions that are mainly concerned. Chapter 5 provides guidance when deficiencies are found and when a ship may have to be detained in port. Chapter 6 relates to the handling of onshore complaints by seafarers.
The texts of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 and Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 are to be submitted to the 303rd Session (November 2008) of the ILO Governing Body which is expected to take a decision on its publication.
This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.
The present Guidelines provide practical advice to competent authorities in flag States and to flag State inspectors, or recognized organizations, on how to carry out ship inspections and certifications to verify compliance with the requirements of the MLC, 2006 as implemented nationally. Chapter 1 contains an overview of the special features of the MLC, 2006 and its key concepts. Chapter 2 provides an overview of the procedures for ship inspection and certification, including areas of national flexibility, and processes for responding to complaints. The main inspection tool is provided by Chapter 3, indicating the basic requirements to be complied with, a list of items showing how to check the basic requirements and examples of deficiencies, in connection with these requirements. Chapter 4 provides guidance on actions to be taken when deficiencies are found and when a ship may have to be detained.
With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention’s application and enforcement in practice. Hailed as the "Seafarer’s Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention’s impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---
Those who work on fishing vessels often face extraordinary and unpredictable hazards, frequently working long hours in harsh conditions. The Work in Fishing Convention, 2007 (No.188), aims to ensure that these seafarers have decent conditions of work on board, including occupational safety and health protection, and medical care and social security. The Convention also provides that living and working conditions on fishing vessels may be inspected while such vessels are in foreign ports. Guidelines for port State control officers carrying out inspections under the Work in Fishing Convention, 2007 (No.188) is an important international resource for the implementation of these port State responsibilities and for the harmonization of inspections of foreign fishing vessels. These guidelines include an overview of the features and key concepts of Convention No.188, outline the port State control responsibilities under this Convention and the guidance in its accompanying Recommendation No.199, and specify the professional profile and qualifications required of port State control officers. They examine all aspects of conducting port State inspections and address basic requirements, indicative sources of information and examples of non-conformities for specific inspection areas. The guidelines also cover the actions that may be taken by port State control officers when finding non-conformities with respect to the Convention.
