SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

C4.5.f. What are the different ways that social security can be provided under the MLC, 2006?The MLC, 2006 offers a high degree of flexibility to members States with regard tothe choice of means through which they can fulfil their obligation of providing socialsecurity to seafarers. Flexibility is provided for in that this obligation can be met:• through various bilateral and multilateral agreements or contribution-based systems(Standard A4.5, paragraph 3);• through the additional flexibility that is provided as to the manner in which thecountry ensures protection. For example, Standard A4.5, paragraph 7, recognizes thatit could be provided in laws or regulations or in private schemes or in collectivebargaining agreements or in a combination of these. Furthermore, if a contributoryscheme is chosen, it would seem reasonable (having regard to Guideline B4.5,paragraph 7) for the country of residence to expect the flag States concerned torequire that shipowners under their respective flags make the relevant contributions.C5. Title 5 Compliance and enforcement— What is the relationship between Title 5 andthe other provisions in the MLC, 2006?As stated in paragraph 1 in the introductory provisions to Title 5:The Regulations in this Title specify each Member’s responsibility to fully implement andenforce the principles and rights set out in the Articles of this Convention as well as theparticular obligations provided for under its Titles 1, 2, 3 and 4.— Does the concept of substantial equivalenceapply to Title 5?As indicated in introductory paragraphs 2 and 3 of Title 5, the requirements of thisTitle cannot be implemented through substantially equivalent provisions [see A11. What isa “substantially equivalent” provision?].C5.1. Flag State responsibilitiesC5.1.a. What is a flag State?The term “flag State” refers to the country where a ship is registered and/or thecountry whose flag the ship is flying. Ships can, and often do, move from one country/registry/flag to another during the course of their operating lives. Under international lawthe flag State is the government that has authority and responsibility for regulating ships,and the conditions on board ships, that fly its flag no matter where they travel in the world.This is indicated in the Preamble to the MLC, 2006, which states:Recalling that Article 94 of the United Nations Convention on the Law of the Sea, 1982,establishes the duties and obligations of a flag State with regard to, inter alia, labourconditions, crewing and social matters on ships that fly its flag.Article 94 of the United Nations Convention the Law of the Sea, 1982, provides inparagraph1 that “Every State shall effectively exercise its jurisdiction and control inadministrative, technical and social matters over ships flying its flag.” The specificresponsibilities of flag States regarding inspection and, also in some cases, certification,that a ship and its operations including conditions for workers on ships (seafarers) meetsFAQ 39