Applying seafarers' rights

Significantly, the worlds largest supplier of seafarers, the Philippines, was the country that enabled the Maritime Labour Convention 2006 to move over the required threshold. Commonly referred to as ‘the seafarers’ bill of rights’, MLC 2006 represents the fourth pillar in the international regulatory regime alongside the International Maritime Organization’s safety (SOLAS), pollution prevention (MARPOL) and seafarers’ training (STCW) Conventions. It provides an enforceable set of provisions regarding seafarers’ rights but also aims to ensure a level playing field for ship owners as the employers of these seafarers. The Bahamas, being fully supportive of the principles of the Convention, was one of the first countries to commit to its ratification and we are confident that the applicable ships will be complaint prior to the date of entry into force.

So who is a seafarer ? Will the hotel staff be covered by the articles of agreement? Are proposed crew accommodations acceptable and will this impact on the innovative approach to newbuildings? Will there be an influx of complaints and if so, who will deal with them? What is the process for using manning agents? As the largest flag for passenger ships, these are some of the questions that we are being asked by our passenger ship owners, who may employ up to 2,000 persons of different nationalities on a ship. The Bahamas Maritime Authority has taken into consideration the Convention’s principles and, where applicable, the concept of flexibility to develop our national requirements and guidelines (BMA Information Bulletins) in order to ensure that there is the requisite level of clarity to enable timely compliance and certification of our ships. We are aware of the provisions of ILO Resolution XVII that appear to single out passenger ships for initial certification but our position is that all our ships, not only passenger ships or bulk carriers, should be compliant with the MLC 2006 requirements before they come into force.

The BMA will continue to engage in consultation and draw from the practical experience of our owners (individually and collectively via the Bahamas Shipowners Association and other industry groups), as well as the seafarers’ representatives and recognised organisation to address any identified areas during the implementation period. We envision that there will remain some challenges, particularly in the absence of ILO unified interpretations and the availability of inspectors, which may impact on the certification process by the flag states and the approach to inspection by the port states where our ships operate. In this regard, we will actively participate in and provide our position at the ILO tripartite meetings and collaborate with other ILO member states to achieve uniformity in the application of the MLC 2006 standards