In Aesop’s fable, the tortoise beat the hare in a race because the overconfident hare took a nap whilst his rival kept on going. Well, there are plenty of napping hares when it comes to seafarers’ rights. Only 12 countries thus far have ratified the ILO’s Maritime Labour Convention, 2006 – dubbed as the new ‘Bill of Rights’ for seafarers. Together they account for 48% of world tonnage, more than the 33% minimum required for the treaty to come into force. The other condition – at least 30 ratifying countries – is still far from being satisfied.
Like many others, the Philippines has yet to sign up. Most of the European Union was expected to come on board at end-2010, which would have made MLC 2006 a reality sooner than later. That didn’t happen. Of the 27 EU member states, only Spain has ratified the Convention to date. Does the EU care less about seafarers’ rights than Canada? In June of last year, the latter became the fourth country to sign the treaty. Interestingly, five of the 12 ratifying countries are flags of convenience. The Bahamas are top on the list – which should probably change the way FOC registers are regarded in the international shipping community.
MLC 2006 TALLY BOARD
Source: International Labour Organization
A new inspection regime will be in place when (not if) MLC 2006 comes into force. Port State Control officials will demand to see two documents, the Maritime Labour Certificate (MLC) and the Declaration of Maritime Labour Compliance (DMLC). All ships above 500 tons engaged in the international trade will be subject to inspection in any country that has ratified MLC 2006. Those that do not meet the minimum standards could face detention.
Some folks in Manila may be thinking that the Philippines need not sweat it as many other countries haven’t signed up either. The procrastination is understandable as it is so Filipino. Still, for the world’s top crew supplier to dilly-dally on a convention aimed at advancing seafarers’ rights is not only disappointing. It’s a shame. ~Barista Uno
This is our problem as Filipinos…procrastination….doing tomorrow what can be done today. Others have utilized this to their advantage like designing some businesses for personal advantage. Like how to make more money on this one? This is compulsory so the shipmanagement or crew shall pay.
What is new? The ILO CONVENTION 108 was not ratified too by the Philippines until now and the consequence is that all Filipino seafarers cannot join/disembark in countries which ratified this Convention. One example is in Brazil, where, with the strict implementation now, the Filipino crew document (seaman’s book) is not accepted because we are not signatory to the Convention. Seafarers from other countries that are signatories can join/disembark/take shore leave even without visas. The Filipinos are not allowed unless they have the required visa which takes about two months to secure.
Mr. VARGAS: Could you please clarify which countries do not accept Filipino Seaman’s papers. Also which countries do not allow such crew to join, disembark, take shore leave. Thank you.
BARISTA UNO: Can you please confirm or correct Mr. Vargas’ statement. Thank you.
Good Watch.
Canada ratifying the convention looks good, but is more or less irrelevant as there are only about a dozen of us left.
Further to yesterday’s comment. Canada’s maritime hours of rest legislation requires that a seaman get 16 hrs rest in 48 of which 8 must be continuous. Under a 6 on/6 off watch system you must get 6 hrs continuous rest in 24, and must get an additional 2 hrs somewhere in the 24. This doesn’t even comply with current conventions, so Canada signing is an empty gesture until domestic legislation is enacted.
Dear Capt Peter Boucher, please see below info…
Crew ILO documentation UPDATE 2 – Brazil
A directive enforceable in all Brazilian ports
29.04.11 17:56
The Association is advised that Brazilian Immigration Authorities have issued a directive enforceable in all Brazilian ports which states that seafarers in possession of a Seaman’s Book or passport issued by countries that are not a party to ILO’s Convention No. 108/1958 are not allowed to:
(a) disembark; or
(b) go on shore.
The same criteria applies for change of crew.
The issuance of such a directive will have the effect of lifting the suspension of immigration fines that was previously enforced by the authorities in the ports of Recife and Suape (see Loss Prevention Bulletin 746 – 03/11).
The terms of the directive state that in the event of non-compliance with (a) and/ or (b), above, the seafarer(s) concerned will be fined. Fines which have been levied in the past for the same infringement have ranged in quantum, but have been as much as US$1,000 per seafarer.
Advice for Members to follow going forward
It is recommended that Members with seafarers from countries that are not party to ILO Convention 108 refrain from effecting crew changes in Brazilian ports, as there is a risk that on arrival in Brazil the substituting seafarer will not be permitted to leave the airport and, as a consequence, will be directed to return to his country of origin. This would obviously cause added cost and also potentially delay to the vessel concerned.
For vessels calling at Brazilian ports as part of a routine call, seafarers with a Seaman’s Book or passport issued by a country that is not a party to ILO’s Convention 108 will not be fined, provided they do not disembark or go ashore. If a fine is levied, the Master of the vessel and/ or the Member should immediately contact the Association’s local correspondents for that port in order that they may advise and assist going forward.
In an effort to resolve the situation, the Association is advised that the best action to be taken by Members is for them to appeal to Flag States which are not a party to ILO’s Convention 108 (a Convention which has been replaced by ILO Convention 185) to approach the Brazilian Ministry of Foreign Office and the Brazilian Ministry of Justice, using the appropriate diplomatic channels, with a view to requesting that Brazilian Immigration Authorities change the terms of their directive.
Source: UK Pandi
Dear Capt Peter Boucher,
further to my above, please see below countries that ratified this convention:
Convention No. C108
(Source: ILOLEX – 30. 6. 2010)
Country Ratification
date Status
Algeria
13:08:1991 ratified
Angola
04:06:1976 ratified
Antigua and Barbuda
02:02:1983 ratified
Azerbaijan
19:05:1992 denounced on 17:07:2006
Barbados
08:05:1967 ratified
Belarus
28:02:1994 ratified
Belize
15:12:1983 ratified
Brazil
05:11:1963 denounced on 21:01:2010
Bulgaria
26:01:1977 ratified
Cameroon
29:11:1982 ratified
Canada
31:05:1967 ratified
Cuba
30:12:1975 ratified
Czech Republic
06:08:1996 ratified
Denmark
26:10:1970 ratified
Djibouti
03:08:1978 ratified
Dominica
28:02:1983 ratified
Estonia
11:12:1996 ratified
Fiji
19:04:1974 ratified
Finland
26:10:1970 ratified
France
08:06:1967 denounced on 27:04:2004
Ghana
19:02:1960 ratified
Greece
09:10:1963 ratified
Grenada
09:07:1979 ratified
Guatemala
28:11:1960 ratified
Guinea-Bissau
21:02:1977 ratified
Guyana
08:06:1966 ratified
Honduras
20:06:1960 ratified
Iceland
26:10:1970 ratified
India
17:01:2005 ratified
the Islamic Republic of Iran
13:03:1967 ratified
Iraq
23:09:1986 ratified
Ireland
17:06:1961 ratified
Italy
12:08:1963 ratified
Kyrgyzstan
31:03:1992 ratified
Latvia
08:03:1993 ratified
Liberia
08:07:1981 ratified
Lithuania
19:11:1997 ratified
Luxembourg
15:02:1991 ratified
Malta
04:01:1965 ratified
Mauritius
02:12:1969 ratified
Mexico
11:09:1961 ratified
Republic of Moldova
23:03:2000 denounced on 28:08:2006
Morocco
15:10:2001 ratified
Norway
26:10:1970 ratified
Panama
19:06:1970 ratified
Poland
15:03:1993 ratified
Portugal
03:08:1967 ratified
Romania
20:09:1976 ratified
Russian Federation
04:11:1969 denounced on 26:02:2010
Saint Lucia
14:05:1980 ratified
Saint Vincent and the Grenadines
21:10:1998 ratified
Seychelles
06:02:1978 ratified
Slovenia
30:01:2003 ratified
Solomon Islands
06:08:1985 ratified
Spain
05:05:1971 ratified
Sri Lanka
24:11:1995 ratified
Sweden
26:10:1970 ratified
Tajikistan
26:11:1993 ratified
Tanzania Tanganyika
26:11:1962 ratified
Tunisia
26:10:1959 ratified
Turkey
07:02:2005 ratified
Ukraine
17:06:1970 ratified
United Kingdom
18:02:1964 ratified
Uruguay
28:06:1973 ratified
Have a Good watch…
Mr. VARGAS: Thank you for data; most useful and to also
Good Watch
Capt. Peter Boucher,
You are most welcome…
moderator, thank you…