CROSS-BORDER SOCIAL DIALOGUE AND AGREEMENTS: An ...

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Cross-border social dialogue and agreements Table 8.2. (Cont.) Seafarers’ group positions Shipowners’ group positions Resolution in PTMC and final text on inspection and compliance on inspection and compliance Access of union officials Should be able to examine and verify certificates. Only “authorities” should be able to examine and verify certificates. Resolved in favour of seafarers in the PTMC. Access of seafarers to convention text Should have access to original text of convention/certificates of compliance; should be visible in public areas of ship. Rights and certificates should be kept with the captain; only authorities should be able to examine and check validity of certificates. Resolved in favour of seafarers in the PTMC. Validity period of certificates 3 years. 5 years. Resolved through straight compromise: a 5-year certificate, with an interim inspection in the PTMC. Access of seafarers to outside representation Should have on-board and on-shore complaints procedures, through whatever employer, union and flag and port State legal mechanisms available, clearly in the text, so that seafarers know they have this right. Wanted to narrow down seafarers’ avenues of complaint to employerbased and flag State mechanisms, and insert language that might discourage seafarers from seeking redress. Resolved in favour of seafarers in the PTMC. PTMC = Preparatory Technical Maritime Conference. Source: Author. 212
The ILO Maritime Labour Convention, 2006 – Lillie Convention No. 147 regime. If that is not the case, the Seafarers would consider that the mandate we were given had not been fulfilled and that the delicate package the consolidation process was supposed to deliver was fundamentally flawed (Seafarers’ Group Statement, 2005, p. 12). Codification of weak standards without enforcement would give union approval to the FOC system without unions receiving the main thing that they wanted in return, namely a viable enforcement regime. Shipowners seemed to hold more influence over States than did the unions, so for the unions to achieve their goals, there also had to be a strong interest within the shipowners’ group in an enforceable convention. The motivation for interest came from outside the negotiations; certain shipowners sought to extend enforceable regulation to other shipowners who make a strategy of lower costs through regulatory evasion. Some shipowners would have preferred regulation based on voluntaristic business principles, but the regulatory objective of a level playing field was not achievable without strong PSC enforcement provisions. The internal politics of the shipowners’ group experienced considerable turmoil as a result, and their collective objectives were not always clear. Despite pursuing a hard-line strategy of challenging enforcement provisions for a time, in the end the conciliatory strategy prevailed. The text sent to and approved by the ILC reflects the interests of the conciliatory shipowners, and the most important aspects of the seafarers’ group’s demands. The MLC was approved with no votes against it at the 2006 Maritime ILC. Only Liberia, the Republic of the Marshall Islands and Bahamas have ratified it at the time of this writing (March 2008), but it is quite early yet for ratification. The Commission of the European Union (EU) is pushing for EU Member States to ratify, and has proposed that the shipping industry social partners translate the convention into an EU directive using the EU’s special corporatist legislation procedure. If the convention is passed as an EU directive, the EU will very nearly be able to bring the convention into force all by itself, because the EU consists of 27 countries, some of which are major flag States. Other countries will then be likely to hurry to ratify as well, because of the importance of EU ports. The principle of no more favourable treatment ensures that nonratifying flag States will be at a disadvantage, because they will attract more attention from inspectors. 213
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CROSS-BORDER SOCIAL DIALOGUE AND AG
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Published by the International Inst
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Cross-border social dialogue and ag
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Contributors Dominique Bé, an econ
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Contributors Nathan Lillie is Assis
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Acronyms BWI Building and Wood Work
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Introduction Konstantinos Papadakis
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Introduction - Papadakis each with
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Introduction - Papadakis above. Thi
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Introduction - Papadakis tices unde
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Introduction - Papadakis role of co
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Introduction - Papadakis veaux enje
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Chapter 1 International framework a
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International framework agreements:
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Chapter 3 International framework a
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International framework agreements
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Part 3 Legal dimensions 113
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