SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

C5.2.k. Who can make a complaint under Standard A5.2.1?Standard A5.2.1, paragraph 3 provides that a “complaint” means informationsubmitted by a seafarer, a professional body, an association, a trade union or, generally,any person with an interest in the safety of the ship, including an interest in safety or healthhazards to seafarers on board.C5.2.l. When can a ship be detained by an authorized port State officer?Standard A5.2.1, paragraphs 6 and 8 provides that “the authorized officer shall takesteps to ensure that the ship shall not proceed to sea” where a ship is found not to conformto 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 requirements of thisConvention (including seafarers’ rights).This detention in port must continue until the above non-conformities have beenrectified, or until the authorized officer has accepted a plan of action to rectify them and issatisfied that the plan will be implemented in an expeditious manner.However, when implementing their responsibilities under Standard A5.2.1, allpossible efforts must be made to avoid a ship being unduly detained or delayed (seeStandard A5.2.1, paragraph 8.C5.2.m. What are the onshore complaint handling procedures?Under Regulation 5.2.2 of the MLC, 2006, a complaint by a seafarer alleging a breachof the requirements of the MLC, 2006 (including seafarers’ rights) may be made to anauthorized officer in the port at which the seafarer’s ship has called in accordance withStandard A5.2.2. Appropriate steps must be taken to safeguard the confidentiality of thesecomplaints (Standard A5.2.2, paragraph 7) and the receipt of the complaint should berecorded by the authorized officer.C5.2.n. Who has to develop these procedures?Regulation 5.2.2, paragraph 1 provides that each Member must ensure that seafarerson ships calling at a port in the Member’s territory who allege a breach of the requirementsof the Convention (including seafarers’ rights) have the right to report such a complaint inorder to facilitate a prompt and practical means of redress. The Member in this contextwould be the port State.C5.2.o. Who can make an onshore complaint?Standard A5.2.2, paragraph 1 allows an onshore complaint to be made “by a seafareralleging a breach of the requirements of this Convention (including seafarers’ rights)”.Presumably, such a complaint could be made by the seafarer through a representative.C5.2.p. Who is an authorized officer for purposes of onshore complaint handling?The MLC, 2006 does not address this question. It could be a port State control officer(PSCO) or another authorized officer.FAQ 51