All steps have been taken to ensure Jamaican ships are in compliance with the Convention
The Maritime Labour Convention 2006came into force on August 20, 2013 andestablishes enforceable standards fordecent working conditions for seafarerson board internationally trading ships.The Convention complements the globallegal instruments regulating the safety oflife at sea and the prevention of pollutionand is commonly referred to as the “Billof Rights” for seafarers.
The coming into force of MLC 2006 isof great significance to Jamaica having
regard to its role as flag State, port Stateand supplier of seafarers to the global
shipping industry.
Jamaica welcomes the Convention whichensures that all ships, irrespective of flag,adhere to the same standards for living andworking conditions on board, includingaccommodation, medical care, hours of restand general conditions of employment.Additionally recruiting agencies will berequired to be more strictly regulated toreduce the exploitation of seafarers, whichhas been broadly defined to include personsworking in the hospitality section ofpassenger ships.
Jamaica is not yet a party to MLC 2006,however, the Cabinet in November 2013approved Jamaica’s accession to theConvention. In anticipation of the decision,the incorporating legislation in the form ofthe Shipping (Amendment) Act, 2013 and theShipping (Maritime Labour Convention) (Miscellaneous) Regulations, 2013 areexpected to be promulgated shortly.
Once the instrument of accession to MLC2006 is presented the Convention will comeinto force for Jamaica twelve monthsthereafter.
A key provision of MLC, 2006 is the “Nomore favourable treatment” requirement inArticle 7 which obliges the port Statecontrol authorities of a State party to inspectJamaican ships for compliance with theConvention irrespective of whether Jamaicais a party to the Convention.
Having regard to the implications ofArticle 7 of the Convention, steps were takento ensure that all Jamaican ships to whichthe Convention applies were in complianceat the time of the entry in force of theConvention. One such action was theauthorization of Recognised Organisationsapproved by the Maritime Authority toinspect the ships and verify compliance afterwhich Statements of Voluntary complianceCertificates were issued.
The Maritime Authority will continue towork with our ship owners and crewingagencies as well as to educate our seafarerson the application of the MLC, 2006 toensure that it is given full and proper effectin Jamaica.
Source: MAJ