SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

Compliance and enforcement(c)(d)there are reasonable grounds to believe that the ship has changed flag for the purposeof avoiding compliance with this Convention; orthere is a complaint alleging that specific working and living conditions on theship do not conform to the requirements of this Convention;a more detailed inspection may be carried out to ascertain the working and living conditionson board the ship. Such inspection shall in any case be carried out where theworking and living conditions believed or alleged to be defective could constitute aclear hazard to the safety, health or security of seafarers or where the authorized officerhas grounds to believe that any deficiencies constitute a serious breach of the requirementsof this Convention (including seafarers’ rights).2. Where a more detailed inspection is carried out on a foreign ship in the portof a Member by authorized officers in the circumstances set out in subparagraph (a),(b) or (c) of paragraph 1 of this Standard, it shall in principle cover the matters listedin Appendix A5-III.3. In the case of a complaint under paragraph 1(d) of this Standard, the inspectionshall generally be limited to matters within the scope of the complaint, although acomplaint, or its investigation, may provide clear grounds for a detailed inspection inaccordance with paragraph 1(b) of this Standard. For the purpose of paragraph 1(d) ofthis Standard, “complaint” means information submitted by a seafarer, a professionalbody, an association, a trade union or, generally, any person with an interest in thesafety of the ship, including an interest in safety or health hazards to seafarers onboard.4. Where, following a more detailed inspection, the working and living conditionson the ship are found not to conform to the requirements of this Convention, theauthorized officer shall forthwith bring the deficiencies to the attention of the masterof the ship, with required deadlines for their rectification. In the event that such deficienciesare considered by the authorized officer to be significant, or if they relate to acomplaint made in accordance with paragraph 3 of this Standard, the authorized officershall bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’organizations in the Member in which the inspection is carried out, and may:(a) notify a representative of the flag State;(b) provide the competent authorities of the next port of call with the relevantinformation.5. The Member in which the inspection is carried out shall have the right totransmit a copy of the officer’s report, which must be accompanied by any reply receivedfrom the competent authorities of the flag State within the prescribed deadline,to the Director-General of the International Labour Office with a view to such actionas may be considered appropriate and expedient in order to ensure that a record is keptof such information and that it is brought to the attention of parties which might be interestedin availing themselves of relevant recourse procedures.6. Where, following a more detailed inspection by an authorized officer, theship is found not to conform to the requirements of this Convention and:(a) the conditions on board are clearly hazardous to the safety, health or security ofseafarers; or(b) the non-conformity constitutes a serious or repeated breach of the requirementsof this Convention (including seafarers’ rights);87