Posted: April 24th, 2023

Implementation of the Maritime Labour Convention, 2006: Angola as a case study

Implementation of the Maritime Labour Convention, 2006: Angola
as a case study

Table of Contents
Declaration ………………………………………………………………………………………………….. ii
Acknowledgements …………………………………………… Error! Bookmark not defined.iii
Abstract …………………………………………………………….. Error! Bookmark not defined.iv
Table of Contents ………………………………………………………………………………………… vi
List of Abbreviations …………………………………………………………………………………. viii
Chapter 1: Introduction ……………………………………………………………………………… 10
1.1 Literature Review …………………………………………………………………11
1.2 Objectives ……………………………………………………………………14
1.3 Methodology ……………………………………………………………………………..15
1.4 Benefits of the research …………………………………………………………..16
1.5 Assumptions and limitations of this research ……………………………….16
1.6 Dissertation outline ………………………………………………………….17
Chapter 2: The Human Element …………………………………………………18
2.1What is “implementation” ? …………………………………………………..19
2.2 IMO/ILO Perspectives ………………………………………………………20
2.3 MLC, 2006 …………………………………………………………………..23
2.3.1 Content ……………………………………………………………………23
2.3.2 Implementation Requirements ……………………………………………24
2.3.3 Implementation Challenges ………………………………………………25
2.4 Flag State Responsibilities ……………………………………………………26
2.5 Port State Responsibilities ……………………………………………………..27
2.6 Guidance
Chapter 3: Background ……………………………………………………………28
3.1 History of Maritime Labour Practices in Angola ……………………………..29
3.2 Legal Framework …………………………………………………………….30
3.3 Maritime Authority …………………………………………………………..35
3.4 Roles in Implementation ……………………………………………………..36
3.4.1 Flag State …………………………………………………………………36
3.4.2 Port State Control …………………………………………………………37
Chapter 4: General Obligations ………………………………………………….39
4.1 Implementing Measures ………………………………………………………39
4.2 Principal Documents …………………………………………………………40
4.3 Fundamental Rights and Principles ………………………………………….40
4.4 Competent Authority and Consultations …………………………………….40
4.5 Scope of Application …………………………………………………………41
4.6 Enforcement …………………………………………………………………42
4.7 Statistical Information ……………………………………………………….43
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Chapter 5: Angola vis-à-vis the MLC, 2006 ……………………………………..44
Title 1
5.1 Regulation 1.1 – Minimum age ………………………………………………44
5.2 Regulation 1.2 -Medical Certificate …………………………………………45
5.3 Regulation 1.3 – Training and Qualifications ……………………………….45
5.4 Regulation 1.4 – Recruitment and Placement ………………………………..46
Title 2
6 Regulation 2.1 – Seafarers Employment Agreements ………………………..47
6.1 Regulation 2.2 – Wages ………………………………………………………48
Title 3
7 Regulation 3.1 – Accommodation and Recreational Facilities ……………….50
7.1 Regulation 3.2 – Food and Catering …………………………………………51
Title 4
8 Regulation 4.1 – Medical Care On Board Ship and Ashore …………………52
8.1 Regulation 4.5 – Social Security …………………………………………….53
Title 5
9 Regulation 5.1 – Flag Responsibilities ………………………………………54
9.1 Regulation 5.2 – Port State Responsibilities …………………………………55
9.2 Regulation 5.3 – Labour-supplying State Responsibilities ………………….55
Chapter 6: Conclusion ………………………………………………………………………………… 57
6.1 Recommendation(s) …………………………………………………………59
References ………………………………………………………………………………………………….. 60
Appendices …………………………………………………………………………………………………. 67

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List of Abbreviations
MLC, 2006 – Maritime Labour Convention, 2006
ILO – International Labour Organisation
EU – European Union
MoU – Memorandum of Understanding
SIDS – Small Island Developing State
IMPA – Instituto Marítimo e Portuario de Angola
IMO – International Maritime Organisation
STCW – Standards of Training, Certification and Watchkeeping of Seafarers
Convention
ISM – International Safety Management Code
UN – United Nations
SOLAS – International Convention for the Safety of Life at Sea
MARPOL – International Convention for the Prevention of Pollution from Ships
III – FSI Sub-Committee was renamed the Sub-Committee on Implementation of
IMO
PSCO – Port State Control Officer
DMLC – Declaration of Maritime Labour Compliance
EEZ – Exclusive Economic Zone
BCLME – Benguela Current Large Marine Ecosystem
GDP – Gross domestic products
MGA – Marinha de Guerra Angolana
MGPA – Marinha De Guerra Popular de Angola
REPANG – Permanent Representation of Angola to the International Maritime
Organisation
SEA – Seafaring employment agreements
OSH – Occupational Safety and Health
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IGT – Inspecção Geral do Trabalho
ROs – Recognised Organisations
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Chapter 1
Introduction
With seaborne trade showing an increase by 4%, the fastest growth in 5 years
(UNCTAD, 2018). The shipping industry is due to keep growing and develop a
significant boost in earnings and profits. While, these prospects are virtuous;
immediate concerns may outweigh its advantages.
As, growth is occurring within the shipping industry; changes are also taking place,
outside of it. For instance, the human element is also a major factor for the thrive and
success of the maritime industry, therefore it is important that seafarers working
conditions and wellbeing are being considered.
This is because, statistically most marine casualties carried out at sea are related to
stress, fatigue and high workloads. Not to mention, hygiene levels onboard can also
(at times) be unhealthy, having led to potential sickness and the spread of diseases;
mental health is also another factor, due to seafarers spending a long-time way from
their families and homes with sometimes, little to no communication and rest hours
leaving them feeling isolated and/or depressed. These are just some of the issues, the
Maritime Labour Convention, 2006 (MLC,2006) seeks to address.
The MLC, 2006 is an international labour convention, that came into force on the 20th
August 2013, with aims of establishing minimum working and living standards for all
seafarers on ships by taking into account their medical care, health and social
insurance, as well as, considering the fair competition amongst shipowners in order to
ensure real change for seafarers and shipowner rights.
Despite, the success of the convention over the last 13 years, with obtaining over 90
ratifications, representing more than 91% of the world merchant shipping fleet
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(International Labour Organisation, 2019) there are still some states, who are reluctant
to implementing the regulatory regime.
With focus on a developing state, this dissertation aims to explore why Angola has not
ratified the MLC,2006 yet. Angola is one of Africa’s fast-growing economies, with a
promising maritime sector, therefore this dissertation attempts to encourage a rapid
ratification and effective implementation of the MLC,2006 in Angola whilst, analysing
the reasons as to why Angola still has not complied with international standards of
maritime labour.
1.1 Literature Review
Early studies into seafaring practises tended to take a sharply critical approach towards
stakeholders in the maritime community, focusing on a seafarers’ detrimental work
conditions onboard ships and unfair treatment due to an uneven playing field. The
introduction of an impressive treaty infrastructure governing seafarers’ rights
supervised by the International Labour Organisation (ILO) had taken place side-byside with ongoing and widespread abuses committed against seafarers’ (Payoyo,
Seafarers’ Human Rights: Compliance and Enforcement. In The Future of Ocean
Governance and Capacity Development , 2018).
Given the pivotal role (Payoyo, Seafarers’ Human Rights: Compliance and
Enforcement. In The Future of Ocean Governance and Capacity Development , 2018)
plays in policy formulation as house renowned author, it is important to establish
whether or not the MLC, 2006 implementation has brought significant improvements
to the maritime sector.
(Lavelle, 2013) praised the introduction of the MLC, 2006’s during its embryonic
stage through a timely thought-provoking analysis; the author was able to predict that,
the Convention would in fact, alter the playing field for major, key stakeholders in the
maritime industry, in which it has.
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However, in a captious response, authors (Exarchopoulos, Zhang, Pryce-Roberts, &
Zhao, 2018) also commended the concept of a unitised, comprehensive maritime
labour convention through a critical analysis of the MLC, 2006 however, upon their
findings the authors discovered that, there are no universal methods for measuring a
seafarers’ welfare and current legislation is not adequate to deliver clarifications and/or
approaches to satisfy a seafarer’s psychological needs. While the study provides
valuable information regarding the MLC, 2006 and its effect to a seafarer’s mental
health caution needs to be exercised as, this outcome may include conflicting results,
from differences in the way variables are measured. One cannot assume the results
obtained solely, from this study are not unbiased.
(Zhang, Shan, Zhao, & Pryce-Roberts, 2019) took a theoretical approach to life across
the shipping industry, in which it highlighted the benefits of the MLC, 2006.
Moreover, it stressed the importance of every State engaged in seaborne trade, to
establish seafarer rights into hard and soft laws.
Subsequently, with focus on (McConnell, Devlin, & Doumbia-Henry, 2011) “The
Maritime Labour Convention, 2006: A legal primer to an emerging international
regime”, Chapter Six: Article V, which focuses on a State’s Implementation and
Enforcement responsibilities. The Chapter provides a descriptive legal analysis of the
MLC,2006, Article V, which focuses on a State’s Implementation and Enforcement
responsibilities. Although, the source provides a legal analysis of the Convention with
aims to generate clarity and educate its readers, the source seems to generate a slight
sense of bias towards the implementation of the Convention, through the terminology
used; the embedment of persuasive language may be due to one of author’s previously
serving as the Director of the International Labour Standards Department of the
International Labour Office, whereby the MLC, 2006 is Convention of. In contrast to
(Piñeiro, 2015) text, which seems to maintain a more an impartial approach to the
MLC, 2006 implementation. Nonetheless, just because the source may be slightly bias
it does not mean that it is invalid and/or reliable.
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From a global perspective, the MLC, 2006’s ratification seems to be widely accepted.
In order to fully understand what is unique and/or interesting about this dissertation
topic, it is necessary to narrow down the scope of this research to a regional
perspective.
(Tortell, Delarue, & Kenner, 2009) describes the European Union’s (EU) initial
acceptance towards the MLC, 2006 implementation at an unprecedented level, which
is somewhat Angola’s current position. However, a shift in pattern and/or attitude can
be noticed throughout the text as, the authors then describes the EU as an active
member when addressing the way in which the EU was involved in implementing the
Convention. The reason for this being due to the ILO’s and EU’s close socio-political
relationship and efforts to expand globalisation. The scope of this source is quite
limited, as it only takes into consideration EU member states and not Europe as whole,
in terms of a region analysis.
Scholars like (Taneri, 2016) reviewed and evaluated the MLC, 2006 with focus on
their country and found, more benefits than limitations as to why the implementation
of the MLC, 2006 in Turkey is a must. Two of the main reasons being that, being a
party to the Convention improves improved quality, safety and employment conditions
of seafarers on board a ship and compliance to an ever-globalised ever-globalizing
maritime sector, similar to (Tortell, Delarue, & Kenner, 2009) stance. Nevertheless, it
is comparatively easy for (Taneri, 2016) to take such a position towards
implementation. Although, not wrong, the author displays a strong sense bias for her
motivation in her text. The implementation of the Convention would maintain a good
look upon its Paris MoU (Memorandum of Understanding). The same applies for
(Reed Smith LLP, 2010) whereby, the MLC, 2006’s ‘no favourable treatment’ clause
served as one of the United Kingdom’s indicator for implementing the Convention,
which ironically worked as a deterrent for non-compliance (Bollé, 2006).
Conversely, Greek authors (Progoulaki, Katradi, & Theotokas, 2013) resonate a more
impartial view. The journal article, solely promotes the development of Greek
seafarers’ welfare under the MLC, 2006 with a set of unbiased views and opinions.
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The current thesis examines implementation through a narrower, smaller geographic
unit of analysis. The implementation of a single, coherent international maritime
labour convention in Angola, that promotes good working conditions for seafarers and
fair treatment for shipowners is non-existent. (Graham, 2009) shares the same
sentiment being from small island developing state (SIDS). The author expresses the
interest of seafarers being at the centre of the MLC, 2006 and although, ratification
may be slow there is hope that it will actualise.
This area has been surprisingly neglected as majority of the literature surrounding the
MLC, 2006 focuses on Enforcement measures or port state control measures.
However, such a narrow focus may also be limited to data, whereby reliability could
also be a challenge (Blankenship, Friedman, Dworkin, & & Mantell, 2006).
Nevertheless, understanding the benefits and challenges for a rapid, yet effective
implementation of the MLC, 2006 in Angola would be helpful to understand, future
international maritime conventions.
1.2 Objectives
The purpose of this research is to discuss the probable implementation of the Maritime
Labour Convention, 2006 in Angola. The objectives to achieve this aim are, as
followed:
1. To demonstrate the effectiveness of the existing legal framework in Angola, in
relation to maritime labour (both nationally and internationally).
2. To identify and analyse the benefits and implications of implementing the MLC,
2006 to Angola’s national legal framework and gaps thereof.
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3. To demonstrate the necessity of implementing, enforcing and compliance to an
effective maritime legislation, that meets both national and international standards
for seafarers and shipowners in Angola.
4. To explore the best innovative solution(s) for a rapid ratification and effective
implementation of the MLC,2006 in Angola.
1.3 Methodology
To achieve the objectives of this research paper, secondary data will be the most
effective method to use, this is because it is an analysis and interpretation of primary
research. Additionally, it will allow for an examination of trends and changes of
phenomena over time.
With a focus on Angola, this research paper is aimed to exclusively discuss the
implementation of the MLC, 2006 in the state and matters surrounding it. As, a legal
research it is important that both, legal and non-legal sources are used, such as law
journals, scholars and reviews.
The use of quantitative data such as, polls, surveys or statistics (although, secondary
data) will be useful for this research, as quantified data (may) aid with the decision
making process; in terms of, building a clear picture of the existing and past conditions
of certain aspects in maritime policies, in Angola.
Lastly, an analysis of Angola’s maritime laws vis-à-vis the MLC, 2006 will also be
included in order to help identify Angola’s level of readiness and/or challenges
towards the implementation of the Convention. This type of data collection and
sampling may Help in uncovering unforeseen patterns in research, which may be
useful in justifying the need for an effective implementation of the MLC, 2006 in
Angola.
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1.4 Benefits of this research
We live in an era where excellence-promoting initiatives have emerged as high-profile
policy instruments in the world’s more advanced economies (Tijssen, 2017), therefore
the current focus for developing states like Angola, is to keep up.
Most developed states tend to have a hard time ensuring the implementation and
enforcement of international conventions due to a multitude of challenges;
consequently, this research aims to be a driving force to aid and justify reform (where
applicable) to a large-scale, long-term legal framework by proposing new policy
measures.
Angola has tremendous potential to improve, especially as it has come under the new
administration of President João Lourenço in 2017. The government aims to
modernise and build a more efficient and sustainable transport sector, but also to
become a world reference in terms of public-private partnerships (Foreign Policy,
2019), therefore the possibilities and benefits of implementing the MLC, 2006 could
not come at a better time.
1.5 Assumptions and limitations of this research
Firstly, Angola has not ratified the MLC, 2006 therefore for the purpose of this
research it is assumed that Angola will do so by appointing, IMPA (Angola’s
competent maritime authority) as the body responsible for the implementation of the
MLC, 2006.
Moreover, there is very little or no prior research on this specific topic, in relation to
Angola which might be one of the biggest limitations for the development of this work.
Furthermore, the data that is available may be of limited access due to confidentiality
restrictions or outdated, consequently hindering the progress of this research.
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Consequently, one can assume that the results of this research may contribute to a
national development in typology for maritime law and policy, for the implementation
and enforcement of other (upcoming) international conventions.
1.6 Dissertation outline
In order to effectively accomplish the objectives (stated above), this dissertation is
arranged in several chapters.
The first chapter aims to introduce the importance and background of the MLC, 2006
and its necessity to Angola’s existing legal framework. It also includes the objectives,
methodology, benefits, assumptions and limitations of the research. It also describes
the outline of the study.
Chapter 2 shall examine the context of policy implementation, from its agenda setting
stage to its establishment. It will consider ILO and IMO perspectives, alongside
relevant industry actors. Moreover, it will provide a brief description of the MLC, 2006
and its impact in today’s maritime domain, considering the MLC, 2006 guidelines and
Article 22.
Whilst, chapter 3 will solely focus on Angola; it examines the history of its maritime
industry, the existing legal framework surrounding maritime labour, its maritime
authority and implementation roles.
Chapter 4 analyses Angola’s legal framework vis-à-vis the MLC, 2006 general
obligations.
Lastly, chapter 5 analyses Angola’s legal framework vis-à-vis the MLC, 2006 through
the examination of Titles 1-5 of the Convention.
Lastly, Chapter 6 provides a round off discussion on the topic at hand, through a
summary of the whole topic, a conclusion and recommendations for further action(s).
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Chapter 2
The Human Element
The human element is a broad context and complex matter; when it comes to
discussing the human element in a maritime context, the International Maritime
Organisation (IMO) adopted its best definition in Resolution A.947 (23), Agenda item
17 (IMO , 2004) in 2003 as:
“The human element is a complex multi-dimensional issue that affects maritime safety,
security and marine environmental protection. It involves the entire spectrum of
human activities performed by ships’ crews, shore-based management, regulatory
bodies, recognized organizations, shipyards, legislators, and other relevant parties,
all of whom need to co-operate to address human element issues effectively.”
From this statement, one can adhere that this term does not only apply to individuals
within the maritime field, but also (other) external actors/shareholders. (Igwe, 2019)
emphasizes that competence, commitment and the motivation of stakeholders at all
levels, is necessary for the enhancement of safety culture throughout the shipping
industry.
Nevertheless, it is still important to note that, the substantial increase in seaborne trade,
the safety and security of life at sea, protection of the marine environment is highly
dependent on the professionalism and competence of seafarers worldwide.
Over the years, the IMO and its member states have constituted international standards
addressed to the people involved in the shipping sector, through the Standards of
Training, Certification and Watchkeeping of Seafarers Convention (STCW), the
International Safety Management (ISM) Code and the MLC, 2006 which are the
particular, existing set of regulations embodying its work.
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However, in establishing these international standards, effective implementation is
key. (O’Neil, 2003) further stresses this point by stating that, much of the regulatory
process within the IMO is focussed on developing measures, whereas it should be on
its member states alongside its lawyers and administrators. The focus should reside on
member states, properly assimilating and ensuring that these new measures are
domesticated (accordingly) into their national legal frameworks, where the
responsibility for successful implementation widens.
2.1 What is “implementation” ?
The (Merriam-Webster, 2019) dictionary defines, the term implementation as “an act
or instance of implementing something : the process of making something active or
effective”, essentially as an action to do something.
Whereas, (Fischer, 2007) describes policy implementation, as the stage of execution
or enforcement of a policy by the responsible institutions and organizations that are
often, but not always, part of the public sector.
Within the maritime context, the IMO has overly referred to “implementation” as a
state’s responsibilities to adopt (international) legislation. Whereby, a member state
accepts an IMO Convention and it agrees to make it part of its own national law and
to enforce it just like any other law (IMO, 2019).
The process of implementation can be a lengthy and complex one, as there is an
implicit assumption in most policy studies that once a policy has been formulated the
policy will be implemented (Smith, 1973), however this is not always the case,
especially for many developing states like Angola.
Various researchers, administrators and policy makers have the notion to recognise the
critical role of implementation, especially when it comes to bridging the relationship
between the production of policies and their effects at multiple levels of government
(Nilsen, 2013) predominantly, because implementation is a political process that
involves many stakeholders, in which many parts of public and private organisations
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collaborate. For instance, (Linder, 1987) has adduced that, it is logical to say that
policy formulation should be oriented around implementation. These matters,
however, fall within the competence of policymakers.
2.2 IMO/ILO Perspectives
The International Maritime Organisation is a United Nations (UN) specialized agency
responsible for safety and security of shipping and the prevention of marine pollution
by ships; they have been at forefront of the shipping industry for over 70 years.
During its existence the IMO has established several international conventions, such
as SOLAS, MARPOL and the STCW, considering both the marine and atmospheric
aspect. The development and function of these international standards aim to keep up
with economic, human and technological advances.
As previously mentioned, the IMO is responsible for adopting legislation and its
member states are responsible for implementing them. However, when analysing
casualty rates or ports state control detentions, statistical evidence has shown
significant anomalies exist between states with substantial, organised maritime
administrations manned with experienced personnel such as, ship surveyors, policy
makers in comparison to others that are not in a position to properly fulfil the tasks at
hand (flag and port state responsibilities) (IMO, 2019). The “others” usually being less
developed states.
This issue has been of great concern to the IMO since the early 90’s, hence the IMO
setting up the Sub-Committee on Flag State Implementation (FSI) to improve the
performance of states. The FSI Sub-Committee was renamed the Sub-Committee on
Implementation of IMO (III) in 2013 (IMO, 2019).
In addition, the IMO introduced the Voluntary IMO Member State Audit Scheme,
introduced in 2006, which aids in enhancing effective and uniform implementation
throughout the world, as does the Organization’s extensive technical co-operation
programme (World Maritime University, 2019), through capacity building in a
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coherent legal, administrative and human framework. As of the 1st January 2016, the
audit scheme has been made mandatory to all IMO member states, under the most
important IMO treaties.
Throughout the years, the IMO has built allies with other UN bodies with similar
interests in order to promote the acceptance and compliance of international
conventions. For instance, the International Labour Organization (ILO).
Similarly, to the IMO, the ILO is under the United Nation’s umbrella; its mandate is
to boost social justice by setting labour standards, developing policies and devising
programmes that promote decent work for all men and women (International Labour
Organisation, 2019). At present, it represents 187 member states.
Since its establishment in 1919, the ILO has developed many international labouring
standards, such as the Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining
Convention, 1949 (No. 98) and the Abolition of Forced Labour Convention, 1957 (No.
105) to name a few, in different industries and sectors.
Amongst all their achievements, the ILO found that, there was still industries like the
maritime sector, where specific labourers went overlooked: seafarers. Maritime
employment deserved special attention, which the ILO knew about and issued several
recommendations on, in which consensus was required for a convention, but
unfortunately could not be achieved (Piñeiro, 2015).
At this point, their perspective shifted towards sustaining labour rights in the maritime
field. During a commission meeting, in 1996, ILO’s Director-General at the time,
Michel Hansenne stated that;
“The dangers to which shipowners and governments are exposed are financial or
political in nature, but seafarers are exposed to physical risks which threaten their
very lives. It has, for example, been emphasized that since the last tripartite meeting
of 1994, 180 ships of more than 500 tons have been lost at sea, causing the death of
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1,200 seafarers and many passengers. In the first six months of 1996, twice as many
human lives were lost at sea than in the whole of 1995.” (International Labour
Organisation, 1996).
Following this meeting, two instruments were adopted and revised: Seafarers’ Hours
of Work and the Manning of Ships Convention and the Seafarers’ Wages, Hours of
Work and the Manning of Ships Recommendation, 1996.
The ILO continued in its fight towards improving, the social and economic conditions
for seafarers, especially as the maritime sector became more globalised. It was clear
that, considerable attention was required for the development of adequate and modern
labour law addressing employment at sea (United Nations, 1991).
In 2005, at its 290th Session, its governing body approved the formation of a Joint
ILO/IMO Ad Hoc Expert Working Group on the Fair Treatment of Seafarers in the
Event of a Maritime Accident. Its mandate suggests the Joint Working Group should
prepare suitable recommendations for IMO’s Legal Committee and ILO’s Governing
Body, including draft guidelines on the fair treatment of seafarers in the event of a
maritime incident (International Labout Office, 2005).
A year later, at the 94th Maritime Session of the International Labour Conference, the
Maritime Labour Convention, 2006 was adopted.
This renowned combination has brought forward new ideologies for the improvement
of future seafaring practices in the maritime sector, with many more to come. Their
perspectives align, in sight to give the human element in shipping a truly front and
central role in the maritime industry. There is a common notion that the only factor
that can balance the global competition is international cooperation (Piñeiro, 2015).
Additionally, it provides an important example of inter-organization learning as it
builds and develops (McConnell M. L., The Maritime Labour Convention, 2006—
reflections, 2011).
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2.3 MLC, 2006
The Maritime Labour Convention, 2006 (MLC,2006) is the result of a mutual
concession by both, the IMO and the ILO that acknowledges both their perspectives
towards the betterment of international maritime labour standards.
The convention was created as a desire to create a single, coherent instrument that
embodies all up-to-date standards of existing international maritime labour
Conventions and Recommendations, as well as other fundamental principles
(International Labour Conference, 2019).
The existing Convention asserts flag and port state responsibilities in terms of,
enacting and enforcing the Convention alongside guidelines and recommendations.
Although, some vagueness exists due to its politically guided nature (Lavelle, 2013).
2.3.1 Content
The Convention is comprised of three parts: 16 Articles, Regulations and a Code.
The Articles and Regulations set out the core rights and principles of member states
obligations ratifying the Convention, whilst the Code contains the Regulation’s
implementation details. The Code consists of 5 Titles, which are divided in two parts:
Part A (mandatory standards) and Part B (non-mandatory guidelines), which cover the
following:
 Title 1: Minimum requirements for seafarers to work on a ship
 Title 2: Conditions of employment
 Title 3: Accommodation, recreational facilities, food and catering
 Title 4: Health protection, medical care, welfare and social security protection
 Title 5: Compliance and enforcement
These Titles aim to ensure the decent working and living conditions for the world’s
seafarers, as well as the promotion of fair competition among shipowners. The extent
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as to which they are effective, will depend on the extent as to which they are
implemented.
With focus on the MLC, 2006 Titles 1-5, each member state is responsible to
implement and enforce the Convention. Additionally, they shall also establish relevant
sanctions or corrective measures domestically to aid in the demoralisation of law
violations (Adăscăliţei, 2014).
The Convention is something Angola should purse to comply and enforce as some of
its maritime labour standards are not up to date with developments in the shipping
industry, and where some standards align (with the Convention) they tend to lack
certain aspects in comparison with those of non-tripartite bodies, especially those
between governments, employers, and workers.
But what are the existing requirements for implementation?
2.3.2 Implementation Requirements
Article VI of the MLC, 2006 establishes regulations and provisions for
implementation. It deals with two significant matters: a ratifying states’ legal
obligations in regards to the Code, Part B and secondly, provisions level(s) of
‘flexibility’ set in paragraphs 3-4, which essentially is the ‘substantial equivalence’ of
national implementation measures (McConnell, Devlin, & Doumbia-Henry, 2011).
Consequently, ratifying member states are to comply with mandatory provisions set in
Part A, whereas provisions set in Part B are somewhat flexible due to the fact that, Part
B has non-mandatory provisions. Nevertheless, ratifying states are not to ignore it as
compliance, with Part B highlights full implementation to Part A.
The MLC, 2006’s Title 5: Compliance and Enforcement regulates a member states’
compliance and enforcement of the principles and rights set out in the Convention. It
is slightly different from Titles 1-4, due to its tripartite structure: flag state
responsibilities, port state responsibilities and labour-supplying responsibilities.
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Moreover, it establishes a certification system to ensure ongoing compliance to the
convention post the implementation stage; similar to certificate based systems used by
the IMO’s in the SOLAS and MARPOL Conventions (Carey, 2017).
Despite the MLC’s attempt to provide national flexibility, when it comes to
implementation, enforcement and inspection there are still challenges faced by some
ILO member states to implement it, predominantly less developed states like Angola.
Therefore, in reference to MLC, 2006, Article VII in an event of derogation, exemption
or flexibility of the Convention the latter requires that implementation oughts’ to be
made in consultation with shiponwers’ and seafarers’ organizations (McConnell,
Devlin, & Doumbia-Henry, 2011).
2.3.3 Implementation Challenges
As previously mentioned, implementation can be a complex process. When it comes
to implementing the MLC, 2006 there have been some issues and difficulties raised by
ratifying member states to meet the desired requirements of the Convention.
For instance, difficulties in exercising flexibility, which can pose major problems,
especially when national practice does not allow ratification until national
domestication to implement it are in place (McConnell, Devlin, & Doumbia-Henry,
2011).
The Convention’s areas of flexibility: Article VI, paragraph 3 where it is possible,
whereby necessary for a member, to give effect to the detailed requirements of Part A
of the Code through substantial equivalence (as defined in Article VI, paragraph 4)
and secondly, where implementation is provided by formulating the mandatory
requirements of many provisions in Part B in a more general way, there is space left
for interpretation and vagueness as to the necessary steps to be taken at national level
(International Labour Office, 2009).
26
On the other hand, some ratifying states lack capacity as flags states due to economic
reasons, political unrest or skilled policymakers in which, firstly, results in issues like
capacity to implement and operate a ship inspection and certification system and
secondly, to legal implementation and ratification (Adăscăliţei, 2014).
2.4 Flag State Responsibilities
The term, ‘flag’ is used as a shorthand for the allocation of nationality to a vessel and
the assumption of exclusive jurisdiction and control by a State over the vessel (Watt,
2013).
Regarding, the MLC, 2006, a flag state responsibilities’ can be found under Article
VI, whereby members of the Convention are responsible for ensuring that, ships flying
its flags implement and comply with all aspects set out, in correspondence to
provisions of Part A and B of the MLC,2006.
For example, Standard A5.1.1 – General Principles, clearly states that members ought
to establish clear objectives and standards covering the administration of its
inspections, certification systems and the appropriate assessment procedures, in order
to clarify their objectives and ways of successively attaining them. A more precise
indication of what is involved is provided in the corresponding Guideline B5.1.1.
2.5 Port State Responsibilities
In accordance to Article V, paragraph 7 member states ought to implement its
responsibilities under the MLC, 2006 in a way to ensure ships flying flags of nonratifying states do not receive favourable treatment than ships that fly flag of any State
that has ratified it. This is done in order to encourage fair competition.
Moreover, it is necessity to ensure that the port State has an adequate number of
qualified officers trained to carry out port State control under the MLC, 2006 or a
maritime labour inspector(s), which does not always have to be a port state control
officer (PSCO) (International Labour Office, 2008).
27
The MLC, 2006 inspection procedures in ports may include a PSCO going on board
and checking over the maritime labour certificate (MLC), the declaration of maritime
labour compliance (DMLC Parts I & II) and supporting documents are in order (The
International Transport Workers’ Federation (ITF), 2017).
Moreover, where justified or required, carry out a detailed inspection; this is usually
when there are clear and/or reasonable grounds for a PSCO to believe that, the working
and living conditions on the ship do not conform to the requirements of the
Convention.
2.6 Guidance
The MLC,2006 is a straightforward, yet vast Convention therefore, the International
Maritime Organisation has generated free government documents and tools for the
purpose of a rapid, widespread but most importantly, an effective implementation of
the MLC, 2006 (International Labour Organization (ILO), 2019). Below is a list of the
discretional tools and/or documents:
 Guidelines for flag State inspections under the Maritime Labour Convention,
2006
 Guidelines for port State control officers carrying out inspections under the
Maritime Labour Convention, 2006
 Guidelines for implementing the occupational safety and health provisions of
the Maritime Labour Convention, 2006
 Guidelines on the training of ships’ cooks
 Handbook: Guidance on implementing the Maritime Labour Convention, 2006
and Social Security for Seafarers
 Guidelines on the medical examinations of seafarers

28
Chapter 3
Background
Angola, officially referred to as the Republic of Angola (capital city: Luanda) is a
country located in southwest Africa, with a width of about 800 miles (1,300 km). Its
mainland is located north by the Republic of the Congo and the Democratic Republic
of the Congo, southeast by Zambia, south by Namibia and west by the Atlantic Ocean
(Clarence-Smith. C. W, 2019).
Formerly, a Portuguese colony it is profoundly different to its neighbours, as it remains
one of only six African countries out of 54 where neither English nor French are widely
spoken (Twigg, 2018).
Angola has a coastline of 1.600 km and an extensive Exclusive Economic Zone (EEZ)
in the Atlantic Ocean. The country is recognised for its rich marine biodiversity and
ocean-based oil producing economy; it also shares parts of the Benguela Current Large
Marine Ecosystem (BCLME) with Namibia and South Africa, which is known for its
extraordinary productivity and unique biological diversity (Federal Ministry for the
Environment, Nature Conservation and Nuclear Safety (BMU), 2016).
Additionally, Angola is the second largest oil producer in Africa, following Nigeria.
The country produces about 1.82 million barrels of oil every day, that comes from
offshore fields from the coast of Cabinda province with an estimated 88.7 million
tonnes annually. The oil and gas industry make up 45% of Angola’s gross domestic
products (GDP) (Patriona, 2017). With a population of approximately 30 million
(World Bank, 2019), fisheries is also, a significant part of Angola’s dimension as it
plays a major role towards food security, alongside agriculture.
In terms of maritime labour, Angola has a total of five operational ports, as follows:
Luanda – Angola’s main port, which handles more than 70% of the country’s imports
29
(Export.gov, 2018), Lobito, Namibe, Porto Amboim and Soyo (Ministério dos
Transportes, 2012).
Presently, there are 250 merchant navy ships operating within the Angolan market,
representing an employability capacity of over 5,000 seafarers and of this universe
only 800 are Angolan, with 8% of them being women (Angop – Agência Angola Press,
2019). Which, in comparison to the Philippines, whose seafarers have constituted for
many years to the largest proportion (25%) of the world maritime workforce since the
mid/late 1990s (Zhang P. &., 2015), Angola’s maritime labour force is considerably
small.
3.1 History of Maritime Labour Practices in Angola
To understand the importance of maritime transport in Angola, it is necessary to go
back as further as the seventeenth and eighteenth century.
For instance, between the years of 1580 and 1680, Angola was a major Portuguese
trading arena for slaves, where over a million slaves were shipped to Brazil. Decades
later, in 1951 Angola was deemed an overseas province by the Portuguese, instead of
a colony (BBC, 2018).
The Angolan Navy, referred to as the Marinha de Guerra Angolana (MGA) in
Portuguese, previously known as Marinha De Guerra Popular de Angola (MGPA) is
the naval branch of the Angolan Armed Forces, whose core mission is to ensure the
safety and security of Angola’s 1,600 km long coastline (International Business
Publications, 2013). It was proclaimed on the 10th July 1976 by Angola’s first
president Dr. Agostinho Neto, after Angolan nationals completed their first naval
specialists course taught by Cuban specialists at Luanda’s Naval Base; making it Dia
da marinha (navy day).
However, its genesis can also be referred to Angola’s independence on the 11th
November 1975, when Angola’s Armed Forces seized some of the Portuguese Navy’s
installations. Nevertheless, maritime operations in Angola took place before this very
30
date; Portuguese Navy ships Alfange and Ariete landing boats were being used in
ground troop support operations in northern Angola during its colonial period (Santos,
2018).
During the ceremony, Dr. Agostinho Neto highlighted the importance of the Angolan
Navy (MGPA) and its purpose in a heartfelt speech, stressing that the creation of this
institution was to create national pride and territorial integrity for a new Angola; more
significantly, because the Angolan Navy was created in a troubled era, since after the
country went into civil war, shortly after its independence (International Business
Publications, 2013). The navy had to step up and defend Angola’s coastline and waters
from South African and surrounding state’s sabotage and attacks during the war.
In its developing stages, the Angolan navy started functioning with the few inherited
vessels left by the Portuguese colonial Navy estate; namely 12 patrol and surveillance
boats, a hydrographic vessel, 2 landing vessels, 2 medium landing boats, a small
landing boat (Antonio, 2018) and about 1,500 personnel which helped establish its
sovereignty.
Subsequently, leading to the twentieth century and late 1990’s Angola’s maritime
affairs became more prominent; more ships were added to its different naval units from
its relations with the Soviet Union, Spanish territories and of course, Portugal as they
maintained a strong bond, alongside other Portuguese speaking territories. Most
importantly, they were being maintained and operated by Angolan nationals.
In 2012, Angola registered a significant increase in the number of containers handled,
equivalent to 343,751 containers, 107,421 of which were 40-foot containers, 210,446
20-foot containers and 25,884 refrigerating containers (UNCTAD, 2016). Though, the
number has lessened Angola still active ports in place.
3.2 Legal Framework
Angola is a member of the ILO since 1976 and has ratified 34 Conventions; among 8
are fundamental conventions. Out of the 34 ILO Conventions ratified by
31
Angola, 31 are in force (International Labour Organization, 2018), showing that the
state is still reluctant to implement some international conventions.
Below is a list of the relevant seafaring ILO Conventions adopted by Angola:
 C029 – Forced Labour Convention, 1930 (No. 29)
 C087 – Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87)
 C098 – Right to Organise and Collective Bargaining Convention, 1949 (No.
98)
 C100 – Equal Remuneration Convention, 1951 (No. 100)
 C105 – Abolition of Forced Labour Convention, 1957 (No. 105)
 C111 – Discrimination (Employment and Occupation) Convention, 1958 (No.
111)
 C138 – Minimum Age Convention, 1973 (No. 138)
 Minimum age specified: 14 years
 C068 – Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)
 C069 – Certification of Ships’ Cooks Convention, 1946 (No. 69)
 C073 – Medical Examination (Seafarers) Convention, 1946 (No. 73)
 C074 – Certification of Able Seamen Convention, 1946 (No. 74)
 C091 – Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91)
 C092 – Accommodation of Crews Convention (Revised), 1949 (No. 92)
 C108 – Seafarers’ Identity Documents Convention, 1958 (No. 108)
 C188 – Work in Fishing Convention, 2007 (No. 188)
Majority of these ILO Conventions were ratified by Angola on the 4th June 1976
(International Labour Organization, 2018), a year after its independence. Since then,
Angola has steadily revised its colonial laws, alongside adhering and ratifying pivotal
international Conventions (Fialho. J, 2019), such as the above to improve its labour
standards and maritime sector.
32
This was a significant step for the country as, the ILO was to some extent, seen as a
development agency; the ratification of new labour standards, particularly those
towards seafaring practices introduced improved human rights, labour and trade
standards within the country (Standing, 2008 ).
Although, not a good look for its international profile, Angola has not ratified the
MLC,2006.
Nonetheless, Angola’s ratification of the ILO’s fundamental Conventions serves to
comply with Article III of the MLC, 2006. Subsequently, resulting in the Angolan
maritime administration regulating seafaring labouring practices through its national
legislation. The other Conventions convey that, Angola is already in line with the
respective regulations and standards in the MLC, 2006 given that the convention
codifies them (and its ratification will mean that they will be automatically
denounced).
Although, the Seafarers’ Identity Documents Convention, 1958 (No. 108) is not
addressed in the MLC, 2006 the issue is relevant as it facilitates a seafarers’ entry to
ports and other shore-based facilities, transit, transfer or repatriation. In light of the
MLC, 2006 it was the first ILO Convention to use a new approach (Blanck, 2006).
Nonetheless, it may be necessary to move forward in some way since, even if as result
of another Convention (MCconnell, 2016).
Angola has also ratified the MLC, 2006 sister convention, the Work in Fishing
Convention, 2007 (Carey, 2017) which is much less ambiguous and challenging,
therefore, why not ratify the MLC, 2006?
Nonetheless, the ILO’s Committee of Experts on the Application of Conventions and
Recommendations has no reports of Angola’s ratified Conventions. This is worrisome
as it is a regulating tool to measure effective implementation and a member state’s
constitutional obligation, which is failed to be met; without this it is difficult to know
33
whether these Conventions are properly implemented or not. Could this be the case for
the MLC, 2006?
In terms of domestic laws, the Constitution of the Republic of Angola bases some of
these rights under the following decrees:
 Lei Geral do Trabalho, in English; The General Labour Law
 Lei n.° 27/12: Lei da Marinha Mercante, Portos e Actividades Conexas, in
English; Law No. 27/12 Merchant Marine Law, Ports and Related Activities.
 Regulamento sobre o Pessoal do Mar – Decreto Presidencial n.º 78/16, de 14
de Abril, in English; Seafarers Regulation – Presidential Decree No. 78/16 of
14 April
The General Labour law entered into force in 1981, however it underwent reform in
2000. Essentially, it applies to all domestic and foreign workers providing paid
services on behalf of an employer within the scope of an organization and under an
authority, as well as apprentices and trainees. Additionally, labour performed abroad
by nationals or foreign residents employed in the country serving national employers
without prejudice to more favourable treatment (Serviço de Migração e Estrangeiros
de Angola, 2019).
Law No. 27/12 Merchant Marine Law, Ports and Related Activities entered into force
in 2012 and it established the legal principles of the Merchant Marine, of the ports and
of the economic activities in the maritime-port sector, as well as setting the
institutional framework regarding public intervention and the action of individuals
(International Labour Organisation, 2018) to ensure its development in a safe and
coherent manner.
Although, Law No. 27/12 Merchant Marine Law, Ports and Related Activities
recognises the importance of and enforces the legal rights of labourers in the
workplace, it failed in taking full consideration of offshore workers, such as a
seafarers’ employment and social rights, in contrast to onshore workers resulting in an
34
anomalous regulatory framework. Moreover, it did not meet international maritime
labour standards as recommended by the MLC,2006 thus, triggering reform.
The Seafarers Regulation – Presidential Decree No. 78/16 of 14 April was introduced
in 2016 to succour Law No. 27/12 Merchant Marine Law, Ports and Related Activities
for the appropriation of seafaring practices.
It is interesting to note that, the last two legal instruments were introduced post the
MLC,2006’s adoption, at the ILO, in Geneva. These further highlight Angola’s shift
in attitude towards its maritime sector; legislative acts on the human element were
pushing a positive, new ideology.
Nonetheless, this decree filled the gaps from previous/absent legislations by endorsing
standards for seafarer’s employment and social rights nationwide, which moderately
align with some aspects of international maritime labour standards, which Angola has
made substantial efforts to keep up with, particularly towards seafarers’ affairs.
However, aspects relating to shipowners’ affairs have still not been sufficiently
addressed.
(Fialho. J, 2019) further supports this observation by stating that, “the enactment of
the Merchant Navy Law and…approval of the Regulations on Seafarers and Maritime
Personnel, Angola now incorporates the overriding principles vested in the Maritime
Labour Convention 2006 in domestic law.”
Given that, one of the guiding principles of Angola’s foreign policy is to work within
the framework of international law and to respect commonly accepted international
practises, compliance to the convention now seems like a credible opportunity.
The MLC, 2006 ought’s to be domesticated into national legislation to be consolidated.
Without domestication of the convention then enforcement becomes the next legal
hurdle, even though not all aspects of the MLC, 2006 may be transferable (McConnell,
Devlin, & Doumbia-Henry, 2011).
35
3.3 Maritime Authority
As it stands, the Port and Maritime Institute of Angola (IMPA) is the only recognised,
competent maritime authority in Angola, as embedded in Law No. 27/12 Merchant
Marine Law, Ports and Related Activities, Article 3.
In accordance to national legislation, the organisation is subject to the supervision of
the Ministry of Transport, however it retains its independency by maintaining
complete control of its own management, finances, and assets.
As the national maritime administrator in Angola, IMPA is responsible for the
maritime-port sector. Its duties involve the exercise of powers in the merchant marine
domain, the pleasure navy and water sports; ports, navigation and maritime safety,
economic activities in the marine, river, lake and port sectors, as well as the
supervision and regulation of activities in this sector (Assembleia Nacional, 2012).
Moreover, the classification, certification and registration of seafarers and/or ships is
also administered by IMPA, to ensure the safety and security of life at sea and
protection of the marine environment so that registered vessels are fit for service and
manned with competent maritime personnel (Fialho. J, 2019). Although, the process
of ship registration can also be obtained through the Harbour Masters.
From this, one can adhere that IMPA is a competent maritime authority that has powers
to exercise the implementation of the MLC,2006 – with all due respect to Angola’s
legal framework, according to MLC,2006, Article V.
Although some general information is provided on this matter, the process of legal
implementation by the competent authority at national level is outside the scope of
ILO guidelines (International Labour Office, 2009), leaving it up for interpretation.
Although, the ILO provides a Handbook on the MLC, 2006 implementation that can
be accessed online, through their website.
36
While, Angola shows high capacity levels to implement, operate and certify ships like
any other developing state, it may display some teething problems, especially during
its primary stages however, member states must fulfil the Convention’s regulations
and provisions as required on Part A of the Code. Article VI, paragraph 1 of the
Convention refers to Part A of the Code as mandatory, meaning that States do not have
any margin to deviate from it. Therefore, IMPA must ensure national capacity within
the maritime sector (from flag to port state responsibilities) to carry out and oversee
inspections (McConnell M. L., The Maritime Labour Convention, 2006—reflections,
2011).
3.4 Roles in Implementation
The MLC, 2006, Title 5: Compliance and Enforcement sole purpose is to ensure that
each Member implements its responsibilities under the Convention with respect to
ships that fly its flag (International Labour Office, 2019). It covers flag state
responsibilities, port state responsibilities and labour-supplying responsibilities,
respectively.
If Angola is to implement the MLC,2006 its preliminary duty as a complying
flag/member state is to domesticate the adequate regulations set out in the MLC, 2006
Articles, as well as other relevant obligations in Titles 1-4 of the Convention, for
effective implementation.
3.4.1 Flag State
As previously mentioned, IMPA as the recognised maritime authority in Angola, is
responsible for ensuring the implementation of the convention into national
legislation, although not the only authority to do if Parliament is involved. Secondly,
it must establish an effective system for the inspection and certification of maritime
labour conditions or authorise another public institution/organisation to do so, on ships
that fly its flag (International Labour Office, 2009).
37
In practice, IMPA has been working alongside the Permanent Representation of
Angola to the International Maritime Organisation (REPANG) towards eradicating the
challenges regarding an effective legal implementation and ratification of the MLC,
2006 into Angola’s national legislation, whether a dualistic or monistic theory should
be used. This process remains flexible and outside ILO’s guidelines.
On the other hand, in accordance to MLC, 2006, Regulation 5.1.1 and Guideline
B5.1.1 relating to an effective system for inspection and certification of maritime
labour, IMPA should contemplate on distributing some of its maritime affairs within
its domain, preferably due to the fact, that some tasks (within the convention) are wideranging and beyond its competence, for example; inspections, detentions and
investigations in order to be met with international standards.
3.4.2 Port State Control
Port state control can be regarded as a form of self-interested international cooperation
or interdependence (McConnell, Devlin, & Doumbia-Henry, 2011). Correspondingly,
as the power to board, inspect and where appropriate detain a merchant ship flying a
flag foreign to that state (Hare, 1997). In Angola, IMPA is responsible for inspection
processes of foreign vessels operating in and out of Angolan waters.
IMPA has staff that are competent to inspect and certify ships for MLC, 2006
compliance, however it is important that, they work in uniformity across all ports of
Angola. More importantly, that Angola ratifies the convention to meet, the standards
required of them at international level.
This is because, the MLC, 2006, contains a “no more favourable treatment” clause to
ensure that vessels from non-ratifying states do not receive more favourable treatment
than ratifying states. This clause can result in Angolan vessels undergoing scrutiny by
port state control officers (PSCOs), through a series of more detailed inspections and
other avoidable delays/infringements in ports worldwide.
38
Additionally, as a member of the Abuja MoU, Angola must obtain the appropriate
proactive measures to avoid detentions for non-compliance with the MLC,2006
regionally.
Once the MLC, 2006 came into force and Angola chose to not implement the
regulatory regime, as it is now; Angolan ports run a risk of being chosen as target
destinations by substandard ships to avoid risk of detention. Correspondingly, leaving
Angolan PSCOs in vulnerable positions; where they ought to neglect the wrong
practices onboard foreign flag vessels, as they cannot enforce the provisions and must
let go of a vessel which is not fulling its obligations as per MLC, 2006.
As a result of this, Angolan ports may face safety, security and marine pollution risks.
Therefore, the ratification and implementation of the MLC, 2006 is a strategy for
Angola to reduce and prevent the entries of substandard ships, as well as means to
protect its seafarers and shipowners’ interests.
39
Chapter 4
General Obligations
States who have ratified the MLC, 2006, must provide full information on the way in
which, they have given effect to its obligations under the Convention. This is done
through the International Labour Office’s annual report form for the MLC,2006,
commonly referred to as Article 22.
Although, Angola has not ratified the Convention some of its national legislation align
with the MLC, 2006; by examining Article 22 of the ILO Constitution to Angola’s
legislative framework, one aims to identify the extent and matters, with which this
Convention requires from their respective states and will require from Angola, for a
foreseeable future of an effective implementation and competency. This is the best
procedure as the report follows the same structure as the MLC, 2006.
4.1 Implementing Measures
The provisions of the MLC, 2006 are not fully embodied into Angola’s legal
framework. Below are a set of national laws and decrees that encompass, aspects of
the Convention, largely in reference to employment and social rights set in Article IV:
 Lei Geral do Trabalho, in English; The General Labour Law
 Lei n.° 27/12: Lei da Marinha Mercante, Portos e Actividades Conexas, in
English; Law No. 27/12 Merchant Marine Law, Ports and Related Activities.
 Regulamento sobre o Pessoal do Mar – Decreto Presidencial n.º 78/16, de 14
de Abril, in English; Seafarers Regulation – Presidential Decree No. 78/16 of
14 April
 Decree No. 31/94 of 5 August, approving the principles for the promotion of
safety, hygiene and health at work
 Decree No. 53/05 of 15 August, approving the legal regime of accidents at
work and occupational diseases
40
4.2 Principal Documents
The DMLC serves as a valuable document of prima facie evidence of compliance with
the MLC,2006 which can only be provided for by ratifying states (Milde, 2011). As,
Angola is not a party to the Convention, vessels flying its flag do not have this benefit
and will be inspected on all the MLC, 2006’s requirements.
Unfortunately, this will be a relentless issue as, Article V, paragraph 7 of Convention
contains a “no more favourable treatment” clause on foreign-flagged vessels, which
applies to Angola and any other non-ratifying flag state; until Angola fully complies
with all aspects of the Convention, its maritime labour laws will remain below par at
an international standard.
4.3 Fundamental Rights and Principles
Angola satisfies Article III of the MLC, 2006 whereby a set of fundamental rights and
principles must suffice, in context of the Convention.
These legal provisions entitle the freedom of association, the effective recognition to
the right to collective bargain, the elimination of all forms of forced or compulsory
labour , the effective abolition of child labour and the elimination of employment and
occupational discrimination (International Labour Conference, 2019).
This is regulated under Angola’s General Labour Law, Chapter I-General principles,
Articles 1-7. In addition, other relevant ILO instruments are embodied within Angola’s
legislative framework.
4.4 Competent Authority and Consultations
Competent Authority: The Port and Maritime Institute of Angola (IMPA) is the only
recognised, competent maritime authority in Angola, responsible for having power to
issue and enforce maritime regulations, as embedded in Law No. 27/12 Merchant
Marine Law, Ports and Related Activities, Article 3, 8.
41
Recognised Organisation(s) (ROs): Law No. 27/12 Merchant Marine Law, Ports and
Related Activities, Article 3, 38 – issues power to any delegation or government body
delegated by IMPA to carry out (any) maritime related matters.
Although, Angola has a competent maritime authority in place it requires more
technical support, as one body of government may not solely be able to implement the
Convention (due to the immensity of its task). Correspondingly, it is important that
IMPA consults with Angolan shipowners and seafarers, in matters relating to the
implementation of the Convention, for a more efficient process.
4.5 Scope of Application
Predominately, integrating the Convention’s Titles into national legislation would de
facto, constitute to Angola’s international maritime labour obligations however, it is
extremely important that, some Articles are carefully considered when developing
and/or domesticating legislation (International Labour Office , 2012). Article II of the
Convention requires provisions that are central to the process of national
implementation through definitions and scope of application, for instance Angolan
legislation defines the following terms as:
Seafarer: A duly qualified, certified and accredited person who, in accordance with
relevant international conventions and their annexes to which Angola is a party and
applicable Angolan law, is accepted to be part of the crew list of a vessel to perform
similar functions on board a vessel, ship or other maritime ingenuity (Seafarers
Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 1, Article 2(n)).
This term does not correspond with the Convention’s context of a seafarer, that is, any
person who is employed or engaged or works in any capacity on board a ship (Article
II, paragraph 1(f) and 2) as it does not take into account catering personnel on board a
ship.
Ship: All marine equipment, ingenuity, craft, vessel or apparatus, whether propelled,
used or likely to be used in water for the carriage of persons and cargo, access, marking
42
or signalling, as well as for the exercise of other sea-related activities (Seafarers
Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 1, Article 2(f)).
Under national law, the above term aligns with the Convention’s, Article II, paragraph
1(i) and 4.
Moreover, Angola has not had any cases of doubt as to whether a set of persons or
ships ought’s to be regarded as a seafarer or ships covered by the Convention. In the
event, that any doubt or questions arise IMPA, as the competent authority takes
responsibility to clear them under Law No. 27/12 Merchant Marine Law, Ports and
Related Activities, Article 4. However, Article II of the MLC, 2006, paragraphs 3 and
4 retain that all clarifications regarding this matter, have to be dealt with in consultation
with shipowners and seafarers organisations. Therefore, IMPA cannot act
independently.
Shipowner: the natural or legal person who, whether or not its owner, has possession
of the vessel, ship or other maritime device and ensures the technical and safety
conditions for its navigation and commercial operation and, as a result, enjoys full and
exclusive use of the rights of use, enjoyment and disposition of a vessel, ship, or other
maritime device and on whose behalf its registration is made (Law No. 27/12 Merchant
Marine Law, Ports and Related Activities, Article 3, 15).
Under the MLC, 2006 the term “shipowner” refers to all those operating the ship, as
they are the ones managing the crew; ship operators are considered shipowners.
Similar, to Angola’s legal term of “possession”, whereby both terms indicate control,
aligning with the MLC, 2006, Article II, (j).
4.6 Enforcement
Currently, there are no applicable laws or regulations in Angola that solely enforce,
the full commitments of the MLC, 2006 with respect to ships and seafarers.
43
In order for Angola to effectively exercise its jurisdiction and control over ships that
fly its flag, under the MLC, 2006 it must firstly, implement it. Secondly, it must ensure
compliance to the Convention by meeting its standards through regular inspections,
reporting, monitoring and legal proceedings as required by the MLC,2006 Articled 5.
Additionally, the Abuja MoU which Angola is a party of, already uses the MLC, 2006
as a relevant instrument for port sate control inspections (Abuja MoU, 2012). Instead
of just focusing on IMO Conventions, arrangements could be easily made to
domesticate the Convention into existing main instruments/agreements.
4.7 Statistical Information
Currently, there are 250 merchant navy ships operating within the Angolan market,
representing an employability capacity of over 5,000 seafarers and of this universe
only 800 are Angolan, with 8% of them being women (Angop – Agência Angola
Press, 2019).
44
Chapter 5
Angola vis-à-vis the MLC, 2006
This Chapter will focus on analysing Angola’s legal framework vis-à-vis the MLC,
2006 in terms of compliance to the Titles in the Convention.
Title 1
5.1 Regulation 1.1 – Minimum age
Anyone under the age of 16 years is prohibited from working on a ship, as stipulated
in the MLC, 2006, Regulation 1.1, paragraph 1; Standard A1.1, paragraph 1.
Additionally, special arrangements ought to be made for the protection of seafarers
between the ages of 16-18, such as hours of rest, night work and types of work deemed
likely to jeopardize their health or safety.
The minimum working age in Angola is 14 years as, specified in the General Labour
Law, Article 11 which is the case for many developing states worldwide due to
challenging socioeconomic conditions, however this may alter as social ideas change
(McConnell, Devlin, & Doumbia-Henry, 2011). Even, though Angola has ratified the
Minimum Age Convention, 1973 (No. 138) whereby, some aspects of it are
incorporated within the MLC, 2006 Guidelines, it still falls short to certain
requirements of the MLC, 2006 like night work.
Therefore, IMPA must update national standards to reflect the MLC, 2006, Regulation
1.1 by setting the minimum age in the maritime sector at 16 years, defining the term
“night” and lastly, determining and prohibiting hazardous work to seafarers under 18
years old with exemptions to training or vocational courses.
45
5.2 Regulation 1.2 – Medical certificate
The Seafarers Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 3,
Article 15.1 states that, seafarers and seafarers wishing to be on the crew of a ship shall
provide proof of their physical and mental fitness for work onboard (Presidente da
República, 2016). Additionally, as a party to the STCW Convention of the IMO,
Angolan seafarers are medically fit to perform their duties at sea, in accordance with
MLC, 2006 Regulation1.2.
When it comes to the validity of medical certificates, they must be a maximum of two
years, except for medical certificates issued to seafarers under 18 years of age, where
it shall be valid for one year (MLC, 2006, Standard A1.2, paragraph 7). Subsequently,
Angola already meets these requirements as part of the STCW Convention, 1978, as
amended and through it Seafarers Regulation – Presidential Decree No. 78/16 of 14
April, Chapter 3, Articles 18 to 24. This includes, the need for medical certificates
being in English or with an English translation available due to Angola being a
Portuguese speaking state (MLC, 2006, Standard A.1.2, paragraph 10).
Moreover, requirements concerning persons who can issue medical certificates (MLC,
2006, Standard A1.2, paragraph 4) can be found under the national provision Seafarers
Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 3, Article 20.1
whereby it states that, physicians shall issue or refuse certificates of physical and
mental fitness based on the diagnoses and results of examinations performed;
demonstrating to be in line with the MLC, 2006.
5.3 Regulation 1.3 – Training and qualifications
Angola is a party to the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). In Angolan
law, the provisions of the convention are found in the Seafarers Regulation –
Presidential Decree No. 78/16 of 14 April, Chapter 5 Article 28.
46
Able seamen: Angola has ratified ILO 74, implementation through Decreto-Lei n.° 38-
365 6 de Agosto 1951 in English; Decree N. 38-365 of 6 August 1951.
In terms of, personal safety training for all seafarers, including those employed e.g. for
hotel onboard purposes is regulated under national legislation in the Seafarers
Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 5, Article 29.
5.4 Regulation 1.4 – Recruitment and placement
Seafarers Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 6, Section
1, Articles 39-41 designates national provisions on the recruitment and placement of
Angolan seafarers, which is being operated in an orderly manner by IMPA.
Regarding, private seafarer recruitment and placement services, Angola is not opposed
to private seafaring recruitment and placement services, as the Seafarers Regulation –
Presidential Decree No. 78/16 of 14 April, Chapter 6, Section 1, Article 40.1
establishes that, recruitment of seafarers may be carried out directly by the companies
or through seafarer placement agencies and, in certain circumstances, by the masters
or masters of vessels (Presidente da República, 2016), however it is not being operated
in accordance with MLC, 2006, Standard A1.4.
Angola’s national provisions are unclear and undetailed regarding this matter, as a
result for the purposes of an effective MLC, 2006 implementation, IMPA must
establish an effective inspection and monitoring system nationally, in respect to those
services in accordance with the MLC, 2006, Regulation 5.3; Standard A5.3, paragraph
1.
47
Title 2
6 Regulation 2.1 – Seafarers Employment Agreements
Seafaring employment agreements (SEA) play an innovate role under the MLC, 2006.
The ILO and industry stakeholders recognised the increasing demand and
responsibilities of private seafaring recruitment, manning agencies and placement
services, most of which are located outside the concerned flag State’s jurisdiction
(MCconnell, 2016).
Therefore, the rights, terms and conditions for Angolan SEA are established under two
national provisions: The General Labour Law and the Seafarers Regulation –
Presidential Decree No. 78/16 of 14 April.
In alignment with the MLC, 2006, Regulation 2.1, Standard A2.1 Angola’s General
Labour Law, Section 1, Article 26 states that, onboard employment contracts must be
in writing and written in clear terms so as to leave no doubt to contractors about their
mutual rights and obligations. Additionally, indicating whether the employment is
concluded indefinitely or for a specified period, such as a one trip only (Serviço de
Migração e Estrangeiros de Angola, 2019). Moreover, Section 1, Article 26.6 indicates
national laws and regulations required for SEA matters set out in Standard A2.1,
paragraph 4(a)-(k) of the MLC, 2006.
The minimum period of notice to be given solely by seafarers and by shipowners is
undetailed in Angolan legislation. The General Labour Law sets a general provision
under Article 18.2 of 15, 30 or 60 consecutive days’ dependant on contract
performance or type; although providing a provision for fishers, which the MLC, 2006
does not cover.
It is important that, IMPA establishes a minimum notice period to be given solely, for
Angolan seafarers and shipowners as to align with the MLC, 2006 but more
importantly, to achieve decent and fair working conditions for them. For instance, the
chance for seafarers to review and seek legal advice on their SEA before signing as
48
per Standard A2.1, paragraph 1 of the MLC, 2006. Angolan national legislation must
recognise and consider the different needs between offshore and onshore workers.
When it comes to a seafarer’s documentation, regarding the recording of his or her
employment onboard a ship, Angolan’s Seafarers Regulation – Presidential Decree No.
78/16 of 14 April, Chapter 6, Section 2, Article 42 provides a particular list of
documents that must be held onboard by seafarers, which complies with Standard
A2.1, paragraphs 1 (e) and 3 of the MLC, 2006. Additionally, it also applies to cases
concerning collective bargaining agreements (Standard A2.1, paragraph 2). The
national provision states, as follows:
1. Boarding shall be permitted only to seafarers who hold the necessary documents, in
particular:
a) maritime ballot;
b) Certificate of physical and mental aptitude;
(c) professional certificates or other official documents required for the performance
of duties on board.
2. For crew members of vessels registered as local vessels, only the maritime ballot is
required.
3. The embarkation of Angolan seafarers in foreign vessels requires authorization
from IMPA, and should only be communicated to the Port Authority of the seafarer’s
registration, for this purpose (Presidente da República, 2016).
6.1 Regulation 2.2 – Wages
The issue of non-payment of wages was single handily one of the biggest source of
complaints by seafarers on foreign flagged vessels (Carey, 2017).
The Seafarers Regulation – Presidential Decree No. 78/16 of 14 April, Chapter 8,
Section 1, Article 162 establishes the general principles of remuneration for all
Angolan labourers. It states that, remuneration must include the basic salary and all
49
other benefits and supplements paid directly or indirectly in cash or specimen,
whatever their name and method of calculation (Serviço de Migração e Estrangeiros
de Angola, 2019).
Angolan national legislations remain undetailed when ensuring particular provisions
for offshore workers, such as the matter at hand, wages. As per the MLC, 2006,
Standard A2.2 flag states should ensure at least, a set of minimum measures for
seafaring services. These being that, seafarers ought to be fully paid in a monthly basis
in accordance to their SEA or collective agreement (if applicable), the entitlement and
accessibility to an account indicating their monthly and additional payments.
Moreover, for the reasonability of remittances/allotment transmission services and
exchange rates. This would be a positive, first step in combating “social dumping” as
well as establishing fair wages (Payoyo, The contribution of the 2006 ILO Maritime
Labour Convention to global governance. In The Future of Ocean Regime-Building,
2009) for seafarers.
6.2 Regulation 2.5 – Repatriation
The MLC, 2006, Regulation 2.5 establishes international maritime labour regulations
for repatriation. Despite the IMO’s and ILO’s resolutions to secure and protect a
seafarer’s well-being, both organisations recognise that seafaring abandonment
remains a big concern in the shipping industry (Kahveci, 2005), where there are still a
considerable number of unresolved cases.
For instance, in December of 2018, the IMO and ILO’s joint database of abandonment
of seafarers reported over 366 seafaring abandonment incidents (IMO Legal Committe
106/4, 2019). Although not all incidents involved non MLC, 2006 ratified states, it is
extremely import that all States involved in seaborne trade comply with international
labour standards as, the Convention is an instrument to increase social responsibility
(Piniella, Silos, & Bernal, 2013). Moreover, repatriation can have a serious outcome
50
of illness or injury among seafarers at sea (Lefkowitz, Slade, & Redlich, 2015), both
physically and mentally.
The requirement to repatriate a seafarer is appropriate to maritime labour and justified
by a seafarers’ vulnerability at sea, particularly upon the termination of their SEA.
Subsequently, the MLC, 2006 has made amendments to its Code to ensure seafarers
are duly repatriated at no cost to themselves and for ratifying States to require ships
flying its flag to provide financial security (MLC, 2006, Standard A2.5.1 and Standard
A2.5.2).
Angolan legislation deals with repatriation issues under the General Labour Law,
Section 1, Article 26. However, it is very broad and does not cover many aspects of
the MLC, 2006, Regulation 2.5 as, it does not relatively focus on seafaring practices.
Unfortunately, Angolan domestic laws are ambiguous in relation to the worrying
issues surrounding repatriation and the abandonment of seafarers. It is key that, IMPA
implements the Convention as to align with international stands and for Angola to take
a stand against the malpractice of some shipowners (Alderton, et al., 2004). More
importantly because repatriation is an important element of working conditions for the
global environment that seafaring partakes in (McConnell, Devlin, & Doumbia-Henry,
2011).
Title 3
7 Regulation 3.1 – Accommodation and Recreational Facilities
Angola is a party to the Accommodation of Crews Convention (Revised), 1949 (No.
92). This ILO provision has been incorporated into Angolan law through Decree No.
38:800 of 25 June 1952, setting national regulations and guidelines for decent
accommodation and recreational facilities for seafarers working and living onboard
ships. Subsequently, this Decree includes provisions on, inter alia, crew cabin size,
heating, mess rooms, lighting, toilet spaces and ventilation.
51
Ships constructed prior to the ratification of the MLC, 2006 had to meet international
standards set in ILO Conventions No. 92 and/or 133. However, as the MLC, 2006 has
entered into force it is important that, in going forward (in the construction of ships)
Angola reforms its national standards, as to comply with contemporary requirements
set in Regulation 3.1. More importantly, to hinder its facilities becoming less
favourable.
Moreover, Angolan legislation establishes the right of an employee to occupational
safety and health (OSH) under Decree No. 31/94 of 5 August, which sets the principles
for safety, hygiene and health at work; whilst Decree No. 53/05 of 15 August, sets the
legal regime for accidents at work and occupational diseases. Although, these national
provisions set the biding precedent for OSH and recognise its importance, they do not
establish minimum standards for seafarers as, they are mainly focused towards onshore
workers.
Therefore, in this case the General Labour Inspectorate (Inspecção Geral do Trabalho
− IGT), Angola’s competent state authority when it comes to dealing with OSH
matters, in both the public and private sector must work (alongside IMPA) to establish
and implement national provisions, as to align with the requirements in the MLC,
2006, Regulation 4.3 and the Code concerning OSH and accident prevention.
Additionally, the inspections required under MLC, 2006, Regulation 5.1.4 when a ship
is registered or re-registered and/or when seafarer accommodation is substantially
altered is applicable under Decree No. 38:800 of 25 June 1952, Part 1, Article 5 (a)
and (b).
7.1 Regulation 3.2 – Food and Catering
The mishandling of food can play a significant part in the occurrence of foodborne
diseases onboard a ship (Grappasonni, et al., 2018), therefore the ILO made sure to
incorporate (to some extent) pre-existing ILO instruments, related to this matter into
52
the MLC, 2006 alongside, other innovative regulations to further improve the wellbeing of seafarers in the workplace.
Angola is a party to the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68).
This ILO provision has been incorporated into Angolan law through Decree No.
38:340 of 16 July 1951, to safeguard national provisions for good, hygienic, quality
food and drinking water for seafarers.
However, as the MLC, 2006 came into force in 2013, the ILO’s Food and Catering
(Ships’ Crews) Convention, 1946 (No. 68) was revised. For this reason, it is important
that IMPA works on reforming national legislation by denouncing this obsolete
provision, as to ensure Angola keeps up with modern standards set in MLC, 2006,
Regulation 3.2.
The same concern applies to a ships’ cooks, whereby IMPA must ensure that they are
not be less than 18 years and have the adequate training, documentation to prove so.
Title 4
8 Regulation 4.1 – Medical Care On Board Ship and Ashore
The development and improvement for medical care onboard ship and ashore-based
welfare facilities and services for seafarers, with focus to boost and ensure seafarers’
employment rights, physical and psychological health and well-being (Progoulaki,
Katradi, & Theotokas, 2013) has been a long-awaited affair.
Angola is a party to the STCW Convention, 1978, as amended which meets the
requirements of the MLC, 2006, Regulation 4.1. Additionally, Angolan domestic law
surrounding matters pertaining a seafarers’ certification, documentation, medical
examinations and training is partly covered in the Seafarers Regulation – Presidential
Decree No. 78/16 of 14 April, Chapter 3, Articles 15-24.
In terms of providing medical Helpance to other ships and international co-operation
as per Guideline B4.1.4, Angola has recently ratified a multilateral search and rescue
53
agreement (MSAR) with South Africa, Comoros, Madagascar, Mozambique and
Namibia as to improve maritime search and rescue in the region ( South African
Maritime Safety Authority (SAMSA), 2019).
Although, the above legislations align with the MLC, 2006, Regulation 4.1 it is
important for IMPA to make further considerations on how improvements to a
seafarers’ employment facilities and services may have to a seafarers’ mental and
physical health. Seafaring is still associated with relevant mental health risks
(Carotenuto, 2012), therefore lowering and/or avoiding such risks should be a priority,
not only for shipowners but flag and port States also.
8.1 Regulation 4.5 – Social Security
The MLC, 2006 has uncovered some socio-economic problems within the maritime
sector such as, the controversial issue of social security (Adăscăliţei, 2014). The social
protection of vulnerable professionals at sea has always been of great concern
(Christodoulou-varotis, 2012), whereby some European states established specific
social insurance for their seafarers.
Angola and Portugal are part of a bilateral agreement: The Convention on Social
Security – Decree No. 32/2004, which is permitted under MLC, 2006, Standard A4.5,
paragraphs 3,4 and 8 to facilitate the improvement of social standards.
Moreover, the Convention on Social Security – Decree No. 32/2004, Article 4, 1 (b)
(i) considers social security benefits in the event of sickness, maternity, old age,
survival, family allowance, death and a funeral (Ministry of Foreign Affairs, 2004)
which aligns with Standard A4.5, paragraph 1 of the MLC, 2006.
Although, the Decree aligns with aspects of the MLC, 2006 there is no doubt that the
implementation of the Convention will boost the level of social protection currently in
Angola. Additionally, Angolan legislation requires a slight more focus on seafaring
practice to highlight less favourability between onshore and offshore workers.
54
Title 5
9 Regulation 5.1 – Flag State Responsibilities
Angola approves the use of recognised organisations (ROs) through Regulamento de
Delegação de Competências em Organizações Reconhecidas – Decreto Presidencial
n.º 72/14 in English; The Regulation of Delegation of Competencies in Recognized
Organizations – Presidential Decree No. 72/14.
IMPA is responsible for monitoring and supervision of work performed by ROs as
required in Regulation 5.1.2, MLC, 2006. IMPA reviews the competence and
independence of ROs through national provisions set in Articles 7-8 of the Regulation
of Delegation of Competencies in Recognized Organizations – Presidential Decree No.
72/14 (Presidente da República, 2014), which in fact aligns with Standard A5.1.2,
paragraph 1 of the MLC, 2006. However, IMPA must provide the ILO with its current
ROs list, as to specify which functions authorized.
In terms of certification, prima facie evidence of compliance to the MLC, 2006 are the
MLC and DMLC. As, Angola is not party to the MLC, 2006 yet, it has to show
compliance to international labour standards, through ILO instruments and/or national
legislation as provided under Article VI, paragraph 3 of the MLC, 2006.
IMPA maintains a system for inspection of the conditions for seafarers on ships that
fly its flag in accordance to the STCW Convention, 1978, as amended which is a party
of. Nevertheless, for the purpose of meeting contemporary international standards and
improving the livelihood and working conditions of seafarers IMPA must work on
implementing and enforcing all requirements set in the MLC, 2006, Regulation 5.1.4
domestically, such as the distribution of copies of national guidelines to its inspectors
as stated in MLC, 2006, Standard A5.1.4, paragraph 7.
Regarding, on-board complaint procedures IMPA must work alongside seafarers and
shipowners to develop adequate laws, regulations and measures for this, as
recommended by MLC, 2006, Guideline B5.1.5. Although, Angola’s General Labour
55
Law, Section 2, Article 58, paragraphs 3 and 4 set national provisions for a labourer’s
rights of complaint and appeals.
Lastly, concerning the issue of marine casualties, Angola acknowledges its
responsibility as flag state under Article 98 of the International Convention for the
Safety of Life at Sea (SOLAS), which is a party of. Additionally, as a member of the
ILO and under national legislation in Law No. 27/12 Merchant Marine Law, Ports and
Related Activities, Article 92 according to MLC, 2006, Regulation 5.1.6.
Moreover, Angola already facilitates aid to its region and other states in matters of
SAR and/or serious marine casualty matters though, IMPA must ensure final reports
relating to any marine casualties are to be made public.
9.1 Regulation 5.2 – Port State Responsibilities
Angola is party to the West and Central Africa (Abuja MoU), whereby undertakes
effective PSC. The MLC, 2006 is already a relevant instrument for the purpose of port
State control in the region (Abuja MoU, 2012). For instance, in reference to the Annual
Report 2017 of the Abuja MoU, a total of 2,074 inspections were carried out and 16
vessels were detained in 2017 (ClassNK, 2019).
Nevertheless, IMPA must work on establishing an effective port state inspection and
monitoring system, as to meet compliance requirements set in the MLC, 2006,
Regulation 5.2.1, paragraphs 1, 4 and 5 (International Labour Office, 2009). This also
includes national provisions for on-shore handling procedures set in Standard A5.2.2
as per the Convention.
9.2 Regulation 5.3 – Labour-supplying State Responsibilities
Angola as an ILO member and IMPA as its competent maritime authority must
establish an effective monitoring system, upon implementation of the MLC, 2006
whereby its applicable to seafaring well-being and practices in its territory. IMPA must
56
do this by taking into account Angolan seafarers that are national citizens, residents or
those whom are domiciled in their territory (International Labour Office, 2009).

57
Chapter 6
Conclusion
The MLC, 2006 in fact, embraces provisions of equal treatment and decent working
conditions between seafarers and shipowners, that were non-existent or archaic under
major IMO and ILO Conventions. The Convention reflects solution’s to many of the
maritime sector’s problems, identified by the sector’s employees, employers and
stakeholders themselves (MCconnell, 2016). Problems associated by a poor legal
framework, lack of capacity, poor flag and port State monitoring systems in an already
global and wide, complex industry.
In Chapter 3, the literature relating to Angola’s colonial past and maritime sector was
served as a tool to further understand, the State’s existing legal framework on maritime
labour. A key aspect of this, was to highlight to the reader that some of Angola’s
maritime legislation and/or bi-lateral agreements have not been amended or reformed
since its initial ratification post the civil war. Policy performance should be regularly
monitored as to measure its quality and effectiveness (OECD, 2018).
Furthermore, Chapters 4 and 5 thoroughly analysed the Maritime Labour Convention,
2006’s vis-à-vis Angola’s national labour laws and decrees, in Chapters 4 and 5. It has
shown that most of Angola’s domestic laws, directly or indirectly align with most
aspects of the MLC, 2006 or other international labour instruments, such as the STCW
Convention, 1978, as amended. However, there are parts of Angola’s domestic laws
that do not align with the Convention, are unclear in nature and/or do not consider
offshore workers’ employment conditions, well-being and equal treatment. For
instance, issues of serious concerns within the industry like the abandonment of
seafarers, repatriation, OSH, shipowners’ liability and on-board complaint procedures
are just some practical examples of topics the MLC, 2006 covers that Angola’s
domestic legislation oughts’ to domesticate and improve in order to keep up with
contemporary international maritime labour standards.
58
The research also found that, the challenges of implementing the MLC, 2006 in Angola
are similar challenges faced by other developing States. The MLC, 2006 is both a
maritime and labour Convention, therefore combined efforts from seafarers,
shipowners and industry actors are required to advance implementation. Nonetheless,
the effective implementation of the MLC, 2006 in Angola would eradicate most, if not
all of the afore-listed concerns for Angolan seafarers and shipowners whilst,
improving maritime labour standards in the State. Although, it is not realistic to think
it can be done overnight, the implementation of the MLC, 2006 in Angola can be easily
achievable.
Due to the broad, detailed structure of the MLC, 2006 a partial analysis of the
Convention was examined. The more prevalent Titles within the maritime sector were
discussed as, to widen the scope of the research; if Angola’s legislations are not
addressing the industry’s prevalent issues, it will not address its small ones.
Additionally, other potential limitations would include time constraint, in regards to
length of research and data limitation and restriction, in regards to the statistical
information required by the Convention. For example; the number of ships flying
Angolan flags over 3,000 GT or the number of manning agencies operating in the
country. Consequently, this can be one of the reasons as to why research in this area
is niche however, the development of this research has aided to additional development
of research, as it highlighted gaps in Angolan legislation.
With this in mind, following areas for future research concerning the MLC, 2006
possible enforcement measures in Angola, post its effective implementation.
59
6.1 Recommendation(s):
 Based on these conclusions, IMPA and Angolan policymakers should consider
working closely with Angolan seafarers, shipowners and industry stakeholders
to reform Angola’s maritime labour laws by denouncing outdated ILO
instruments, concerning seafaring practices. They should focus on the
innovative provisions the MLC, 2006 introduced as to, meet present-day
required international maritime labour standards, improve seafaring
employment conditions and promote equality between seafarers and
shipowners.
 To better understand the implications of these results, future studies could
address the unexamined Titles of the MLC, 2006 as to broaden the scope of
this research.
 Lastly, further research is needed to determine the causes and/or effects of
implementation challenges in developing maritime States.

60
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67
Appendices
Appendix 1:
Appl. 22. MLC
Maritime Labour Convention, 2006, as amended
INTERNATIONAL LABOUR OFFICE

REPORT FORM FOR THE
MARITIME LABOUR CONVENTION, 2006, AS AMENDED
(MLC, 2006)1

The present report form is for the use of countries which have
ratified the Convention. It has been approved by the Governing Body
of the International Labour Office, in accordance with article 22 of
the ILO Constitution, which reads as follows: “Each of the Members
agrees to make an annual report to the International Labour Office
on the measures which it has taken to give effect to the provisions of
Conventions to which it is a party. These reports shall be made in
such form and shall contain such particulars as the Governing Body
may request.”
The matters with which this Convention deals may be beyond the
immediate competence of the ministry responsible for labour
questions, so that the preparation of a full report on the Convention
may necessitate consultation of other interested ministries or
government agencies.

Article 22 of the Constitution of the ILO
Report by the Government of on the
MARITIME LABOUR CONVENTION, 2006, as amended
(MLC, 2006)
(ratification registered on )

1
Including the 2016 amendments.
GENEVA
2019
68

First report for the period from to
If this is your Government’s first report following the entry into force of the
Convention in your country, full information should be given on the way in which
your country has given effect to its obligations under the Convention, including
actions taken on each of the questions set out in this report form.
Second report for the period from to .
In subsequent reports, information need normally be given only on the following
points:
(a) any new question or request for information included in a revised version
of the report form since your Government’s last report;
(b) any new legislative or other measures affecting the application of the
Convention;
(c) the questions in the report form on the practical application of the
Convention (for example, statistics, results of inspections, judicial or
administrative decisions) and on the communication of copies of the report to
the representative organizations of employers and workers and on any
observations received from these organizations;
(d) comments by the supervisory bodies – The report must contain replies
to any comments regarding the application of the Convention in your country
which have been addressed to your government by the Committee of Experts
on the Application of Conventions and Recommendations or by the
Conference Committee on the Application of Standards.
Third report for the period from to
See instructions for subsequent reports above, under “Second report”.
Fourth report for the period from to
See instructions for subsequent reports above, under “Second report”.

PRACTICAL GUIDANCE FOR DRAWING UP REPORTS
’Use of this report form
1. This report form is divided into two parts. Part I, “General
questions”, asks for information and supporting materials. Part
II, “Specific information”, indicates some questions that should
be covered in the report. The report form has been designed to
facilitate completion from both a physical and a substantive point
69
of view. Members are, in the first place, invited to use the electronic
version of the report form and to insert the requested information in
the expandable field beside each question. For those national
administrations that are not in a position to use the electronic report
form, responses may be provided by referring to the relevant
questions.
2. From a substantive point of view, one of the innovations in
the Convention is its emphasis on ensuring that there is not only
compliance with its provisions but also documentary evidence of
compliance. Consequently, in implementing the Convention,
Members will already have produced documents such as the
Declaration of Maritime Labour Compliance (DMLC), required
by Regulation 5.1.3 and provided information that is also needed for
reporting under article 22 of the Constitution. To take advantage of
information already provided, a number of questions in Part II of this
form suggest the following statement as a possible answer:
“Adequate information on all matters is to be found in the enclosed
DMLC, Part I / Part II .
3. If the information in the DMLC, Part I and/or Part II, covers
all the subject of the section concerned and fully complies with the
requirements in Standard A5.1.3 paragraph 10(a) and/or (b), with
due consideration being given to Guideline B5.1.3, one or both
boxes at the end of this statement can be checked (• ), in which case
the individual questions in the section concerned need not be
answered. However, additional information on how the Regulation
concerned is implemented in your country may be provided in a
section located underneath the questions concerned. If the
information in the DMLC concerning national implementing
measures is not also applicable to ships that are not subject to
certification (see Regulation 5.1.3, paragraph 1), additional
information should be provided concerning the measures applicable
to those categories of ships. In addition, some of the Regulations or
Standards envisage that the competent authority in each member
State produce various kinds of documents related to implementation
of obligations (for example, the standard medical report form for use
on board ships flying the Member’s flag as required by Standard
A4.1, paragraph 2, and Guideline B4.1.2). Where relevant, copies of
these particular documents are requested under the heading
“Documentation”.
4. Furthermore, in order to avoid the need to refer in detail to
the content of specific measures, reference can be made in this form
to the relevant provisions of the legislation, collective agreement or
other document concerned which has been provided to the Office in
70
English, French or Spanish (in connection with Part I, “General
questions”).
5. In the section for “Additional information”, explanations are
required where a national implementing measure differs from the
requirements set out in Standards found in Part A of the Code of the
MLC, 2006. This would include, for example, cases of substantial
equivalence referred to in Article VI, paragraph 3, and of
determinations that have been made regarding the application
of differing national measures that are provided for on the basis of
Article II, paragraph 6. Even though the substantial equivalence may
have been referred to in the DMLC, Part I, an explanation should be
provided, in particular, as to the ways in which the Member
concerned was not in a position to implement the rights and
principles concerned in the manner set out in Part A of the Code
(Article VI, paragraph 3) and as to how the national measure
complies in all material respects with the corresponding Part A
requirement. In the case of a determination under Article II,
paragraph 6, which is also to be reported to the Director-General of
the International Labour Office (Article II, paragraph 7), an
explanation should be provided as to the reason for a determination
that it would not be reasonable or practicable at the present time to
apply certain details of the Code to a ship or particular categories of
ships (Article II, paragraph 6).
6. It should be noted that this report form takes account of the
Articles and Regulations and the provisions of Part A of the Code of
the MLC, 2006, and also refers, where appropriate, to the
Guidelines, which comprise Part B of the Code. These Guidelines
are not mandatory. Their purpose is to provide guidance as to the
way in which Members should implement the (mandatory)
provisions in Part A of the Code. In accordance with Article VI,
paragraph 2, Members are required to “give due consideration to
implementing their responsibilities in the manner provided for in
Part B of the Code”. The special status of the Guidelines in Part B
of the Code is reflected in the example and the explanation set out
in paragraphs 9 and 10 of the Explanatory Note to the Regulations
and Code. Paragraph 10 states, in its last sentence, “… by following
the guidance provided in Part B, the Member concerned, as well as
the ILO bodies responsible for reviewing implementation of
international labour Conventions, can be sure without further
consideration that the arrangements the Member has provided for
are adequate to implement the responsibilities under Part A to which
the Guideline relates”. This statement is based on the 2003 Legal
Adviser’s opinion on the relationship between Parts A and B of the
Code (see appendix to this report form for the full text of this
Opinion).
71
PART I. GENERAL QUESTIONS
I. Implementing measures
Please give a list of the laws and regulations and collective
agreements implementing the provisions of the Convention, with
particular reference to the seafarers’ employment and social rights
referred to in Article IV. Please provide a copy of those laws or
regulations and collective agreements. If any of this material is
available from the Internet, the link to the relevant document may be
provided instead of the document itself.
If, in your country, ratification of the Convention gives the force of
national law to its terms, please indicate by virtue of what
constitutional provisions the ratification has had this effect.
II. Principal documents
Please provide, in English, French or Spanish (or the English
translation required by Standard A5.1.3, paragraph 12), a copy of the
standard Maritime Labour Certificate, including Part I of the
Declaration of Maritime Labour Compliance (DMLC) as well as an
example or examples of Part II of the DMLC which have been
prepared by a shipowner and have been accepted by your country,
when certifying a ship or ships. (Specific identifying information
regarding the ship or shipowner should be removed from the
example or examples.) Additional documentation on other matters
will be requested in Part II of this report form.
III. Fundamental rights and principles
Please indicate how account has been taken, in the context of the
Convention, of the following fundamental rights and principles
referred to in Article III:
(a) unless your country has ratified Conventions Nos 87 and 98: freedom of
association and the effective recognition of the right to collective bargaining;
First report:
Second report:
Third report:
Fourth report:
(b) unless your country has ratified Conventions Nos 29 and 105: the elimination
of all forms of forced or compulsory labour;
First report:
72
Second report:
Third report:
Fourth report:
(c) unless your country has ratified Conventions Nos 138 and 182: the effective
abolition of child labour;
First report:
Second report:
Third report:
Fourth report:
(d) unless your country has ratified Conventions Nos 100 and 111: the elimination
of discrimination in respect of employment and occupation.
First report:
Second report:
Third report:
Fourth report:
IV. Competent authority and consultations
Please identify the competent authority or authorities having power to issue and
enforce regulations, orders or other instructions in respect of subject matter
covered by the Convention.
(Article II, paragraph 1(a))
First report:
Second report:
Third report:
Fourth report:
Please list the shipowners’ and the seafarers’ organizations that the competent
authority or authorities consult in matters relating to the implementation of the
Convention.
73
First report:
Second report:
Third report:
Fourth report:
Please indicate the representative organizations of employers and workers to
which copies of the present report have been communicated in accordance with
article 23, paragraph 2, of the Constitution of the International Labour
Organisation. If copies of the report have not been communicated to
representative organizations of employers and/or workers, or if they have been
communicated to bodies other than such organizations, please supply information
on any particular circumstances existing in your country which explain the
procedure followed.
First report:
Second report:
Third report:
Fourth report:
Please indicate whether you have received from the organizations of employers
or workers concerned any observations, either of a general kind or in connection
with the present or the previous report, regarding the practical application of the
provisions of the Convention. If so, please communicate a copy of the
observations received, together with any comments that you consider useful.
First report:
Second report:
Third report:
Fourth report:
V. Scope of application
Do the measures implementing the Convention cover, as a seafarer, any person
who is employed or engaged or works in any capacity on board a ship to which
the Convention applies? (Article II, paragraphs 1(f) and 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
74
First report:
Second report:
Third report:
Fourth report:
Have cases of doubt as to whether any categories of persons are to be regarded as
seafarers arisen?
(Article II, paragraphs 1(f), 2 and 3)
If yes, please provide full information on the consultation process and its result:
First report:
Second report:
Third report:
Fourth report:
For purposes of the Convention what is the definition of a ship under national
law? (Article II, paragraphs 1(i) and 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have cases of doubt arisen as to whether a vessel or a particular category of
vessels are to be regarded as ships covered by the Convention?
(Article II, paragraphs 4 and 5)
If yes, please provide full information on the consultation process and its result:
First report:
Second report:
Third report:
Fourth report:
75
In the case of ships under 200 GT which are not engaged in international voyages,
have any measures been taken under Article II, paragraph 6, to apply differently
certain details of the Code?
(Article II, paragraph 6)
If yes, please provide full information on the consultation process required by
Article II, paragraph 6 and indicate the content of the measures concerned.
First report:
Second report:
Third report:
Fourth report:
VI. Enforcement
Please summarize the provisions of laws or regulations or other measures which
prohibit violations of the requirements of the Convention and, in accordance with
international law, establish sanctions or require the adoption of corrective
measures to discourage such violations (Article V, paragraph 6).
If possible, provide specific information regarding Titles 1 to 4 of the Convention.
First report:
Second report:
Third report:
Fourth report:
VI. Statistical information
Please either provide the data requested below or refer below to
relevant reports submitted to the United Nations
Conference on Trade and Development (UNCTAD) (Annual Review
of Maritime Transport), the International Maritime Organization
(IMO), the World Health Organization (WHO), etc., and supply a
copy of those reports or a reference to a public web site containing
this data:
Data
requested
Ships on
international
voyages or
voyages
Ships not on
international
voyages or
voyages
The
inform
is onl
estima
data ar
76
between
ports in
other
countries
between
ports in
other
countries
formal
collect
on this
matter
Number of
seafarers
working on
national
flag ships
that are
covered by
the
Convention
First report: First report: First re
Second
report

Third
report

Fourth
report

Number of
seafarers
who are
nationals or
residents or
otherwise
domiciled
in the
territory
First report: First report: First re
Second
report

Third
report

Fourth
report

77
Number (if
any) of
private
recruitment
and
placement
services
operating
in the
territory
First report: First report: First re
Second
report

Third
report

Fourth
report

Gender
distribution
among
seafarers
First report: First report: First re
Second
report

Third
report

Fourth
report

Number of
ships flying
your flag
which are
3,000 GT
or over
First report: First report: First re
Second
report

Third
report

78
Fourth
report

Number of
ships
< 3,000 GT
and ≥500
GT
First report: First report: First re
Second
report

Third
report

Fourth
report

Number of
ships
<500 and
≥200 GT
(please
indicate if
estimated)
First report: First report: First re
Second
report

Third
report

Fourth
report

Number of
ships <200
GT (please
indicate if
estimated)
First report: First report: First re
Second
report

79
Third
report

Fourth
report

PART II. SPECIFIC INFORMATION
1. This section of the report follows the same organization as
the MLC, 2006. It is divided into five Titles (Titles 1– 5). Each Title
sets out the related Regulations and Code provisions and asks for
specific information on how they have been given effect in your
country. For convenience, this form contains a description of the
basic requirements in each area. 2
The relevant provisions of the
Convention are identified in each question, so that their text can be
consulted.
2. It will be noted that the provisions under each Regulation
also include a reference to the Guidelines in Part B of the Code to
the Convention. As mentioned above at point 6 in the guidance for
drawing up reports (see page 4), it is not mandatory for Members to
follow the Guidelines when implementing the Regulations and
Standards. However, if a Member has chosen to do so, the ILO
supervisory bodies would not have to consider further the adequacy
or sufficiency of the Member’s implementation of the relevant
provisions of the Convention.

Title 1. Minimum requirements for seafarers to work on a ship
Regulation 1.1 – Minimum age
Standard A1.1; see also Guideline B1.1
Persons below the age of 16 shall not be employed or engaged or work on
a ship.
Seafarers under the age of 18 shall not be employed or engaged or work
where the work is likely to jeopardize their health or safety.
Night work for seafarers under the age of 18 is prohibited. (“Night” covers a
period of at least nine hours starting no later than midnight and ending no earlier
than 5 a.m.)

2
The description of basic requirements is based on the text of the MLC, 2006 as well as the Guidelines
for flag State inspections under the Maritime Labour Convention, 2006 (MEFS/2008/8(Rev.)), adopted
by the tripartite meeting of experts in September 2008.
80
Special attention should be paid to the needs of seafarers under the age of 18,
in accordance with national laws and regulations.
Adequate information on all matters is to be found in the enclosed DMLC, Part I
/Part II Please check one or both boxes or provide the information below.
What is the minimum age of seafarers?
(Regulation 1.1, paragraph 1; Standard A1.1, paragraph 1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What period is defined as “night”? (Standard A1.1, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Is night work prohibited for seafarers under 18? (Standard A1.1, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
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Fourth report:
Are any exceptions made to the night work prohibition?
(Standard A1.1, paragraph 3)
If yes, please summarize the exceptions, indicate the applicable national
provisions and, if possible, reproduce the relevant texts.
First report:
Second report:
Third report:
Fourth report:
Is employment of seafarers under 18 prohibited where the work is likely to
jeopardize their health or safety?
(Standard A1.1, paragraph 4)
Please indicate applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What types of work have been determined to be likely to jeopardize the health or
safety of seafarers under 18?
(Standard A1.1, paragraph 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 1.1, including
cases of substantial equivalence.
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First report:
Second report:
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Fourth report:

Regulation 1.2 – Medical certificate
Standard A1.2; see also Guideline B1.2
Seafarers are not allowed to work on a ship unless they are certified as
medically fit to perform their duties.
A certificate must be in English for seafarers working on ships ordinarily
engaged on international voyages. The medical certificate must have been
issued by a duly qualified medical practitioner and must be still valid.
The period of validity for a certificate:
– two-year maximum for medical certificates except for seafarers under 18,
in which case it is one year; – six-year maximum for a colour vision
certificate.
NB. Certificates issued in accordance with, or meeting the substance of, the
applicable requirements, under the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as
amended, are to be accepted as meeting these requirements.
Adequate information on all matters is to be found in the enclosed DMLC, Part I
/Part II Please check one or both boxes or provide the information below.
Are seafarers required to be certified as medically fit to perform their duties?
(Regulation 1.2, paragraph 1; Standard A1.2, paragraph 1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
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83
What requirements (or guidance) have been established concerning the nature of
the medical examination and the right of appeal? (Standard A1.2, paragraphs 2
and 5)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What are the requirements concerning persons who can issue medical certificates
and any certificate solely concerning eyesight?
(Standard A1.2, paragraph 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What are the periods of validity for medical and colour vision certificates?
(Standard A1.2, paragraph 7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 1.2, including
any cases of substantial equivalence.
First report:
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Second report:
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Fourth report:
Documentation: please provide, in English (see Standard A1.2, paragraph 10)
an example of the standard wording in medical certificates.
First report:
Second report:
Third report:
Fourth report:

Regulation 1.3 – Training and qualifications
Seafarers must be trained or certified as competent or otherwise qualified to
perform their duties on board ship.
Seafarers must have successfully completed training for personal safety
on board ship.
NB. Training and certification in accordance with the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers, 1978
(STCW), as amended, is to be accepted as meeting these requirements.
Adequate information on all matters is to be found in the enclosed DMLC, Part I
/Part II Please check one or both boxes or provide the information below.
Do all seafarers have to be trained, certified or otherwise qualified for the duties
they are to carry out on board ship?
(Regulation 1.3, paragraph 1; see also paragraph 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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Fourth report:
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Are all seafarers required to successfully complete training for personal safety on
board ship?
(Regulation 1.3, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Is training and certification in accordance with the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers, 1978
(STCW), as amended, accepted?
(Regulation 1.3, paragraph 3)
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 1.3, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

Regulation 1.4 – Recruitment and placement Standard A1.4; see also
Guideline B1.4.1.
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Seafarer recruitment and placement services must not charge seafarers for
their services.
If private seafarer recruitment and placement services are operating in their
territory, Members are responsible for establishing an effective inspection and
monitoring system with respect to those services (Regulation 5.3; Standard A5.3,
paragraph 1).
If seafarer recruitment and placement services for nationals to work on flag
ships are operated by seafarers’ organizations in the Member’s territory, they
must be operated in accordance with Standard A1.4 in the Convention.
Any public seafarer or recruitment service in a Member’s territory must be
operated in an orderly manner that promotes seafarers’ employment rights under
the Convention.
Flag States are responsible for requiring, in cases where shipowners use
recruitment and placement services based in States not party to the MLC, 2006,
that these shipowners have an appropriate system in place for ensuring, as far as
practicable, that these recruitment and placement services meet the requirements
under Standard A1.4.
Please check the boxes below or provide the information requested.
If private seafarer recruitment and placement services, or services operated by
seafarers’ organizations to place seafarers on national flag ships, are operating in
your country, please provide information about the standardized system for
licensing or certification or other form of regulation (Regulation 1.4; Standard
A1.4, paragraphs 2, 3, 4 and 5) and the inspection and monitoring system for
those services. (Standard A1.4, paragraph 6) Please indicate the applicable
national provisions and, if possible, reproduce the relevant texts.
No private services operate in our country
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If private seafarer recruitment and placement services are operating in your
country, please provide information on the system of protection that they are
required to establish (by way of insurance or other measures) to compensate
seafarers for monetary loss that they may incur as a result of the failure of the
recruitment and placement service or the relevant shipowner under the seafarers’
employment agreement to meet its obligations to them.
(Standard A1.4, paragraph 5(c)(vi))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
No private services operate in our country
First report:
Second report:
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If public recruitment and placement services are operating in your country, please
state the basic principles ensuring that they are operated in an orderly manner
(Standard A1.4, paragraph 1). See guidance in Guideline B1.4.1, paragraph 1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
No public services operate in our country
First report:
Second report:
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Fourth report:
If public or private recruitment placement services are operating in your country,
please outline the machinery and procedures for investigating complaints about
their activities. (Standard A1.4, paragraph 7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
No public or private services operate in our country
First report:
Second report:
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Where shipowners use recruitment and placement services that operate in
countries that have not ratified the Convention, what kind of action is expected of
them in order to ensure, as far as practicable, that the services concerned meet the
requirements of the Convention?
(Regulation 1.4, paragraph 3; Standard A1.4, paragraphs 9 and 10)
Adequate information on this matter is to be found in the enclosed DMLC, Part I
/Part II
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 1.4, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Title 2. Conditions of employment
Regulation 2.1 – Seafarers’ employment agreements Standard A2.1; see also
Guideline B2.1
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All seafarers must have a seafarers’ employment agreement (SEA) signed by
both the seafarer and the shipowner or shipowner’s representative (or, where they
are not employees, other evidence of contractual or similar arrangements).
A SEA must, at a minimum, contain the matters set out in Standard A2.1,
paragraph 4(a)–(j) and, as applicable, (k), of the MLC, 2006 (Standard A2.1,
paragraph 4).
Where a collective bargaining agreement forms all or part of the SEA, the
agreement must be on board the ship with relevant provisions in English (except
for ships engaged only in domestic voyages) (Standard A2.1, paragraph 2).
Seafarers are to be given an opportunity to examine and seek advice on a
SEA before signing (Standard A2.1, paragraph 1(b)). Seafarers must be
given a document containing a record of their employment (that does not contain
any statement as to the quality of their work or wages) on the ship (Standard A2.1,
paragraphs 1(e) and 3; Guideline B2.1.1, paragraph 1).
Information about the conditions for their employment must be easy for
seafarers to obtain when on board ship and must be accessible for inspectionrelated reviews.
Minimum notice periods for early termination of a SEA must be
established in laws or regulations.
Adequate information on all matters is to be found in the enclosed DMLC, Part I
/Part II /seafarers’ employment agreement / collective agreement
provisions . (A link to a publicly accessible web site containing the applicable
collective agreement may also be provided.) Please check one or more boxes or
provide the information below.
Do national laws or regulations provide that seafarers working on ships flying
your country’s flag must have a seafarers’ employment agreement (SEA) signed
by both the seafarer and the shipowner or shipowner representative (or, where
they are not employees, other evidence of contractual or similar arrangements),
providing them with decent working and living conditions on board the ship, and
that the shipowner and seafarer concerned have each a signed original of the SEA.
(Standard A2.1, paragraph 1(a) and (c))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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What are the minimum notice periods to be given by seafarers and by shipowners
for the early termination of a seafarer’s employment agreement? (Standard A2.1,
paragraph 5)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Do national laws or regulations or collective agreements provide for
circumstances justifying termination of the employment agreement at shorter
notice or without notice? (Standard A2.1, paragraph 6)
If yes, please summarize the provisions concerned and, if possible, reproduce the
relevant texts:
First report:
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Please summarize your country’s requirements to ensure that seafarers are given
an opportunity to review and seek advice on their SEA before signing,
reproducing the relevant texts if possible.
(Standard A2.1, paragraph 1(b))
First report:
Second report:
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Please summarize your country’s requirements to ensure that seafarers have easy
access on board ship to information about their conditions of employment
reproducing the relevant texts if possible. (Standard A2.1, paragraph 1(d))
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First report:
Second report:
Third report:
Fourth report:
Do laws or regulations provide that seafarers are given a document containing a
record of their employment on board the ship? (Standard A2.1, paragraphs 1(e)
and 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please indicate whether, in the case in which a collective bargaining agreement
forms all or part of a SEA, a copy of that agreement is available on board and
whether a copy of a standard form of agreement and the portions of a collective
bargaining agreement subject to port state inspection under Regulation 5.2 are
available in English (except for ships only engaged in domestic voyages).
(Standard A2.1, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please provide information on any laws and regulations requiring that the SEA
contain the matters set out in Standard A2.1, paragraph 4(a)–(j) and, as
applicable, (k).
Please reproduce the relevant texts.
First report:
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Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.1, indicating
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide in English (see Standard A2.1, paragraph 2 and
guidance in Guideline B2.1.1, paragraph 1):
an example of the approved document for seafarers’ record of employment
(Standard A2.1, paragraphs 1 and 3);
the standard form or an example of a seafarers’ employment agreement
(please remove individual identification information if there is no standard form
used) (Standard A2.1, paragraph 2(a));
the relevant portion of any applicable collective bargaining agreement
(Standard A2.1, paragraph 2(b)).
First report:
Second report:
Third report:
Fourth report:

Regulation 2.2 – Wages
Standard A2.2; see also Guideline B2.2
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Seafarers must be paid at no greater than monthly intervals and in full for
their work in accordance with their employment agreements and any applicable
collective agreement.
Seafarers are entitled to an account each month indicating their monthly wage
and any authorized *
deductions (such as allotments **).
Flag States may wish to consider requiring shipowners to carry on board their
ships’ documents such as a copy of payroll or electronic record sheets.
Charges for remittances/allotment transmission services must be reasonable
and exchange rates in accordance with national requirements.
* No unauthorized deductions, such as payments for travel to or from the ship.
** An allotment is an arrangement whereby a proportion of seafarers’ earnings is
regularly remitted, on their request, to their families or dependants or legal
beneficiaries whilst the seafarers are at sea.
Adequate information on all matters is to be found in the enclosed seafarers’
employment agreement / collective agreement provisions / DMLC, Part I
/Part II
Please check one or more boxes or provide the information below.
What are the main items that must be included in the monthly account that
seafarers are entitled to receive on board ship?
(Regulation 2.2 and Standard A2.2, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
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Please outline the measures taken by shipowners to provide seafarers with a means
to transmit all or part of their earnings to their families or dependants or legal
beneficiaries. (Standard A2.2, paragraphs 3 and 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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Third report:
Fourth report:
What is the basis for determining the reasonable charge, if any is made, by
shipowners for transmission services and for determining any relevant exchange
rate? (Standard A2.2, paragraph 5)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
For countries that adopt national laws or regulations to govern seafarers’ wages,
has the guidance in Guideline B2.2 been given due consideration? (Standard
A2.2, paragraph 6)
If yes, please summarize or provide a reference to the relevant national legislation
provided under Part I, item I.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.2, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

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Regulation 2.3 – Hours of work and hours of rest Standard A2.3; see also
Guideline B2.3
The maximum hours of work or the minimum hours of rest must be established
in national laws or regulations (the minimum hours of rest must not be less than
ten hours in any 24-hour period and 77 hours in any sevenday period, or the
maximum hours of work must not exceed 14 hours in any 24-hour period and 72
hours in any seven-day period).
Account must be taken of the danger posed by the fatigue of
seafarers.
Hours of rest may be divided into no more than two periods, one of which
must be at least six hours; the interval between consecutive periods of rest must
not exceed 14 hours.
Any mandatory musters or drills must be conducted in a way that minimizes
disturbance of rest hours and does not induce fatigue.
Seafarers on call must be given compensatory rest if the normal rest
period is interrupted.
A schedule/table of service at sea and service in port for all positions, in a
standardized format in the working language(s) of the ship and English, and the
applicable limits under a law or regulation or a collective agreement, must be
posted in an accessible location on board ship.
Seafarers’ daily hours of work or rest must be recorded in an approved
standard format and in the working language(s) of the ship and English and must
be endorsed by the seafarer (who is given a copy) and the master (or authorized
person).
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/ Part
II

Are the requirements in your country that implement Regulation 2.3 based on
maximum hours of work or on minimum hours of rest?
(Regulation 2.3, paragraphs 1 and 2)
Maximum hours of work
Minimum hours of rest
Please indicate how account is taken of the danger posed by the fatigue of seafarers.
(Standard A2.3, paragraph 4)
First report:
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Third report:
Fourth report:
Please state the maximum hours of work or minimum hours of rest, including any
measures that may have been adopted for seafarers under the age of 18.
(Standard A2.3, paragraphs 2 and 5; Standard A1.1, paragraph 2; see guidance in
Guideline B2.3.1)
How many hours of work per 24 hours? How many hours of work per seven
days?
or
How many hours of rest per 24 hours?
How many hours of rest per seven days?
Measures for seafarers under the age of 18:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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Fourth report:
Are more than two periods of rest per 24 hours prohibited in all cases?
Must one period of rest per 24 hours always be at least six hours in length?
Must the interval between periods of rest in all cases be 14 hours at most?
(Standard A2.3, paragraph 6)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If the answer to any question is “no”, please provide the necessary information:
First report:
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Please indicate the requirements relating to the minimizing of disturbances by
drills, etc., and the granting of compensatory rest covered by Standard A2.3,
paragraphs 7, 8, 9 and 14.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What is the normal working hours standard for seafarers, including any measures
that may have been adopted for seafarers under the age of 18?
(Standard A2.3, paragraph 3; Standard A1.1, paragraph 2; see guidance in
Guideline B2.3.1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have any collective agreements been authorized or registered that permit
exceptions to the established limits?
(Standard A2.3, paragraph 13)
If yes, please provide a copy of the relevant provisions under “Documentation”
below.
First report:
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What measures are taken to ensure the recording of accurate daily hours of work
or rest?
What measures are taken to ensure that seafarers receive a copy of the records
pertaining to them endorsed by the master, or a person authorized by the master,
and by the seafarers? (Standard A2.3, paragraph 12)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.3, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English (see Standard A2.3, paragraphs 10
and 11):
a copy of the approved standardized table for shipboard working arrangements
(Standard A2.3, paragraphs 10 and 11);
a copy of the standard form established by the competent authority for the
recording of seafarers’ daily hours of work or their daily hours of rest (Standard
A2.3, paragraph 12);
a copy of any authorized or registered collective agreement provisions that
establish seafarers’ normal working hours or permit exceptions to the established
limits (Standard A2.3, paragraphs 3 and 13).
First report:
Second report:
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Regulation 2.4 – Entitlement to leave
Standard A2.4; see also Guideline B2.4
Seafarers must be given paid annual leave.
Seafarers are to be granted shore leave to benefit their health and well-being
and consistent with the operational requirements of their positions.
The minimum annual paid leave must be determined in laws and
regulations.
Subject to any collective agreement or national laws or regulations providing
a differing method of calculation, the entitlement to paid annual leave is to be
calculated on the basis of 2.5 calendar days per month of employment.
Except in cases authorized by the competent authority, any agreement to forgo
the minimum leave must be prohibited.
Adequate information on all matters is to be found in the
enclosed seafarers’ employment agreement collective
agreement provisions
Please check one or both boxes or provide the information
below.

/
What is the minimum paid annual leave for seafarers on ships flying the flag of
your country?
(Standard A2.4, paragraphs 1 and 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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Fourth report:
How are seafarers’ entitlements to paid annual leave calculated in your country?
(Standard A2.4, paragraph 2; see also guidance in Guideline B2.4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
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Third report:
Fourth report:
Are any agreements to forgo the minimum annual leave with pay prohibited under
national legislation?
(Standard A2.4, paragraph 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have any agreements to forgo annual leave with pay been authorized by the
competent authority in your country?
(Standard A2.4, paragraph 3)
If yes, please specify the kinds of cases that have been provided:
First report:
Second report:
Third report:
Fourth report:
Are shipowners required to give seafarers appropriate shore leave? (Regulation 2.4,
paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.4, indicating
any cases of substantial equivalence.
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First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide a copy of the provisions in any applicable
collective agreement which provides for the calculation of the minimum paid
annual leave on a basis that differs from a minimum of 2.5 days per month of
employment (Standard A2.4, paragraph 2).
Where the provisions are not available in English, French or Spanish, please
provide a summary in one of these languages.
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Second report:
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Regulation 2.5 – Repatriation
Standards A2.5.1 and A2.5.2; see also Guideline B2.5
The provisions of the Code for Regulation 2.5 (Standard A2.5 and Guideline
B2.5) were amended in 2014.
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Standard A2.5.1 – Repatriation
Seafarers are to be repatriated, at no cost to themselves except to
the extent that the Code permits otherwise.
Seafarers are entitled to repatriation in the following circumstances: –
if the seafarers’ employment agreement expires while they are abroad;
– when their seafarers’ employment agreement is terminated:
· by the shipowner; or
· by the seafarer for justified reasons; and
– when the seafarers are no longer able to carry out their duties under
their employment agreement or cannot be expected to carry them out in
the specific circumstances.
Seafarers’ repatriation entitlements are to be provided for in national laws
and regulations or other measures or collective bargaining agreements.
Ships must provide financial security to ensure that repatriation
will occur.
A copy of the applicable national provisions regarding repatriation must be
carried on ships and made available to seafarers in an appropriate language.
Repatriation of seafarers on ships coming into port or navigating a country’s
waters is to be facilitated. Repatriation of a seafarer is not to be refused
because of the financial situation of the shipowner or the shipowner’s refusal to
replace a seafarer.
Standard A2.5.2 – Financial security
A financial security system to Help seafarers in the event of their
abandonment must be in place for ships.
Seafarers shall be deemed to have been abandoned where shipowners:
– fail to cover the cost of the seafarers’ repatriation; or
– have left the seafarers without the necessary maintenance and
support; or
– have otherwise unilaterally severed their ties with the seafarers
including failure to pay contractual wages for a period of at least two
months.
Ships that have to be certified according to Regulation 5.1.3 shall carry on
board – and post in a conspicuous place – a certificate or other documentary
evidence of financial security.
The financial security system in case of abandonment of seafarers
shall be sufficient to cover:
– outstanding wages and other entitlements due from the shipowner
to the seafarer, limited to four months; – all expenses reasonably incurred
by the seafarer, including the cost of repatriation; and
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– the essential needs of the seafarer including such items as:
adequate food, clothing where necessary, accommodation, drinking water
supplies, essential fuel for survival on board the ship and necessary
medical care.
Adequate information on all matters is to be found in the enclosed seafarers’
employment agreement ☐ / collective agreement provisions / DMLC, Part I
/Part II Please check one or more boxes or provide the information below.
What kind of financial security is provided by ships flying the flag of your
country? (Regulation 2.5, paragraph 2)
Does national legislation require the provision of an expeditious and effective
financial security system to Help seafarers in the event of their abandonment?
(Standard A2.5.2, paragraph 1)
If yes, please indicate the applicable national provisions, reproduce the relevant
texts and specify if the financial security system was determined after
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consultation with the shipowners’ and seafarers’ organizations concerned.
(Standard A2.5.2, paragraph 3)
First report:
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What are the circumstances (including the maximum period of service on board
a ship) in which a seafarer has a right to repatriation?
(Regulation 2.5, paragraph 1; Standard A2.5.1, paragraphs 1 and 2; see guidance
in Guideline B2.5.1, paragraphs 1 and 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are there any circumstances in which a seafarer can be expected to pay for the
cost of his or her repatriation?
(Standard A2.5.1, paragraph 3)
If yes, please indicate the circumstances and the applicable national provisions
and, if possible, reproduce the relevant texts.
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Fourth report:
What entitlements are to be accorded by shipowners for the repatriation of
seafarers?
(Standard A2.5.1, paragraph 2(c); see guidance in Guideline B2.5.1, paragraphs
3–5)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Has your country received requests to facilitate repatriation of a seafarer?
(Standard A2.5.1, paragraphs 7 and 8) If yes, how did your country respond?
First report:
Second report:
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Fourth report:
What are the circumstances under which a seafarer is considered abandoned
according to national legislation?
(Standard A2.5.2, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
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Does national legislation provide that ships that need to be certified according to
Regulation 5.1.3 must carry on board a certificate or other documentary evidence
of financial security issued by the financial security provider?
If yes, please specify if the certificate or other documentary evidence must contain
the information required by Appendix A2-I and has to be in English or
accompanied by an English translation, and if a copy must be posted in a
conspicuous place on board.
(Standard A2.5.2, paragraphs 6 and 7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Does national legislation require that the financial security system is sufficient to
cover outstanding wages and other entitlements; all expenses incurred by the
seafarer (including the cost of repatriation); and the essential needs of the
seafarers, as defined in Standard A2.5.2, paragraph 9?
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Does national legislation provide for at least 30 days of notice by the financial
security provider to the competent authority of the flag State before the financial
security can cease? (Standard A2.5.2, paragraph 11)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
107
Fourth report:
Additional information concerning implementation of Regulation 2.5, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide:
a copy of the provisions on seafarers’ entitlement to repatriation in any
applicable collective bargaining agreements (Standard A2.5.1, paragraph 2);
an example of the kind of documentation that is accepted or issued with respect
to the financial security that must be provided by shipowners (Regulation 2.5,
paragraph 2). Where this material is not available in English, French or Spanish,
please provide a summary in one of these languages.
First report:
Second report:
Third report:
Fourth report:

Regulation 2.6 – Seafarers’ compensation for the ship’s loss or foundering
Standard A2.6; see also Guideline B2.6
Rules must be made to ensure that shipowners pay seafarers on board an
indemnity against unemployment resulting from their ship’s loss or foundering.
Adequate information on all matters is to be found in the enclosed seafarers’
employment agreement / collective agreement provisions
Please check one or both boxes or provide the information below.
How is the indemnity to be provided by shipowners to seafarers against injury,
loss or unemployment in the case of a ship’s loss or foundering calculated
(including any limitations)?
(Standard A2.6, paragraph 1; see guidance in Guideline B2.6, paragraph 1)
108
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.6, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

Regulation 2.7 – Manning levels
Standard A2.7; see also Guideline B2.7
Ships must have a sufficient number of seafarers employed on board to ensure
that ships are operated safely, efficiently and with due regard to security under all
conditions, taking into account concerns about fatigue and the particular nature and
conditions of voyage.
Ships must comply with the manning levels listed on the safe manning
document (SMD) or equivalent issued by the competent authority.
Manning levels must take account of food and catering requirements.
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/ Part
II

Do the safe manning levels which are determined or approved by the competent
authority avoid or minimize excessive hours of work and ensure sufficient rest for
seafarers to assure the safety and security of the ship and its personnel in all
operating conditions and considering the particular nature and conditions of a
109
voyage? (Regulation 2.7; Standard A2.7, paragraphs 1 and 2; see guidance in
Guideline B2.7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
How do the safe manning levels take into account the requirements under
Regulation 3.2 and Standard A3.2 concerning food and catering? (Standard A2.7,
paragraph 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
How are complaints or disputes about determinations on the safe manning levels
on a ship investigated and settled?
(see guidance in Guideline B2.7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.7, indicating
any cases of substantial equivalence.
First report:
110
Second report:
Third report:
Fourth report:
Documentation: For each type of ship (passenger, cargo, etc.) please provide, in
English, a typical example of a safe manning document or equivalent issued by the
competent authority (Standard A2.7, paragraph 1), together with information
showing the type of ship concerned, its gross tonnage and the number of seafarers
normally working on it.
First report:
Second report:
Third report:
Fourth report:

Regulation 2.8 – Career and skill development and opportunities for
seafarers’ employment Standard A2.8; see also Guideline B2.8
Each Member must have national policies aimed at strengthening the
competencies, qualifications and employment opportunities of seafarers domiciled
in its territory.
Clear objectives must be established for vocational guidance, education and
training, including ongoing training of seafarers whose duties on board ship
primarily relate to safe operation and navigation.
According to our records, there are no seafarers
domiciled in our territory Please check the box
or provide the information below.

Does your country have national policies to encourage the career and skill
development and employment opportunities for seafarers that are domiciled in your
country?
(Regulation 2.8, paragraph 1; Standard A2.8, paragraphs 1 and 3; see guidance in
Guideline B2.8.1) Please provide relevant information:
First report:
Second report:
Third report:
111
Fourth report:
Does your country have a register or list of seafarers that govern their access to
employment? (see guidance in Guideline B2.8.2)
There are no registers or lists governing
seafarers’ employment

First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 2.8, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Title 3. Accommodation, recreational facilities, food and
catering
Regulation 3.1 – Accommodation and recreational facilities Standard A3.1;
see also Guideline B3.1
112
All ships must be in compliance with the minimum standards established by
the MLC, 2006, providing and maintaining decent accommodation and
recreational facilities for seafarers working or living on ships, or both, consistent
with promoting seafarers’ health and well-being.
Seafarer accommodation must be safe and decent and must meet national
requirements implementing the MLC, 2006 (Standard A3.1, paragraph 1).
Frequent inspections of seafarer accommodation areas must be carried out by
the master or a designate (Standard A3.1, paragraph 18) and recorded; the records
must be available for review.
Particular attention must be paid to the requirements relating to:
– the size of rooms and other accommodation spaces (Standard
A3.1, paragraphs 9 and 10);
– heating and ventilation (Standard A3.1, paragraph 7);
– noise and vibration and other ambient factors (Standard A3.1,
paragraph 6(h));
– sanitary and related facilities (Standard A3.1, paragraphs 11 and
13);
– lighting (Standard A3.1, paragraph 8);
– hospital accommodation (Standard A3.1, paragraph 12).
The requirements under Regulation 3.1 also cover:
– recreational facilities (Standard A3.1, paragraphs 14 and 17);
– occupational safety and health and accident prevention
requirements on ships, in light of the specific needs of seafarers who both
live and work on ships (Standard A3.1, paragraphs 2(a) and 6(h)).
Ships that were constructed *
before the entry into force of the MLC, 2006,
for your country must:
– provide and maintain decent accommodation and recreational
facilities for seafarers working or living on board, or both, consistent with
promoting the seafarers’ health and well-being in accordance with national
legislation (Regulation 3.1, paragraph 1); and
– meet the standards set out in Conventions Nos 92 and/or 133, if
applicable in your country (because of ratification, through substantial
equivalence due to ratification of Convention No. 147, the Protocol of
1996 to Convention No. 147 or otherwise) (Regulation 3.1, paragraph 2).
The requirements of the Code relating to ship construction and equipment do not
apply to these ships, unless applied by national law. The other Code requirements
do apply.
* A ship is deemed to be constructed on the date its keel is laid or when it is at a
similar stage of construction.
113
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/Part
II

Has your country adopted laws and regulations to ensure that all ships covered by
the Convention which fly its flag (including those constructed prior to the
Convention’s entry into force for your country) maintain decent accommodation
and recreational facilities for seafarers on board? (Regulation 3.1, paragraph
1; Standard A3.1, paragraph 1)
If yes, please summarize the content of the legislative provisions concerned:
First report:
Second report:
Third report:
Fourth report:
For ships constructed prior to the Convention’s entry into force for your country,
are the relevant requirements in Convention No. 92 or No. 133 (or of Convention
No. 147 or its Protocol) applicable with respect to matters relating to construction
and equipment? (Regulation 3.1, paragraph 2)
If no, please indicate the kinds of requirements that are considered to relate to
construction and equipment and are thus not applicable to those ships:
First report:
Second report:
Third report:
Fourth report:
Do the laws and regulations establishing the minimum standards for seafarers’ onboard accommodation and recreational facilities take account of the requirements
in Regulation 4.3 and the Code regarding occupational safety and health and
accident prevention? (Standard A3.1, paragraph 2(a))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please explain how these concerns are taken into account:
First report:
114
Second report:
Third report:
Fourth report:
Are the inspections required under Regulation 5.1.4 carried out when a ship is
registered or re-registered and/or when seafarer accommodation is substantially
altered? (Standard A3.1, paragraph 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please explain:
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s general requirements for
accommodation implementing paragraph 6(a)–(f) of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have any exceptions (other than for passenger ships and special purpose ships)
been made with respect to the location of sleeping rooms?
(Standard A3.1, paragraph 6(c) and (d))
If yes, please indicate the kinds of exceptions made and reproduce the relevant
texts.
First report:
Second report:
115
Third report:
Fourth report:
Please summarize the content of your country’s measures to prevent exposure to
hazardous levels of noise and vibration and other ambient factors. (Standard A3.1,
paragraph 6(h))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for heating and
ventilation implementing paragraph 7 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for lighting
implementing paragraph 8 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
116
Please summarize the content of your country’s requirements for sleeping rooms
implementing paragraph 9 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for mess rooms
implementing paragraph 10 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for sanitary and
laundry facilities implementing paragraphs 11 and 13 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for hospital
accommodation implementing paragraph 12 of Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
117
First report:
Second report:
Third report:
Fourth report:
Please summarize the content of your country’s requirements for recreational
facilities, amenities and services implementing paragraphs 14, 15 and 17 of
Standard A3.1.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have any exemptions for ships less than 200 GT been given? (Standard A3.1,
paragraphs 20 and 21)
If yes, please indicate the kinds of exemptions given:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have any variations to take account of the interest of seafarers having differing
and distinctive religious and social practices been permitted? (Standard A3.1,
paragraph 19)
If yes, please indicate the kinds of variations permitted:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
118
Second report:
Third report:
Fourth report:
What is the required frequency for on-board inspections of seafarers’
accommodation that are to be carried out by or under the authority of the master
and what are the requirements for recording and review of those inspections?
(Standard A3.1, paragraph 18)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 3.1, indicating
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

Regulation 3.2 – Food and catering
Standard A3.2; see also Guideline B3.2
119
Food and drinking water must be of appropriate quality, nutritional value and
quantity, taking into account the requirements of the ship and the differing cultural
and religious backgrounds of seafarers on the ship.
Food is to be provided free of charge to seafarers during the period of
engagement.
Seafarers employed as ships’ cooks *
with responsibility for preparing food
must be trained and qualified for their positions.
Seafarers working as ships’ cooks must not be less than 18 years old.
Frequent and documented inspections of food, water and catering facilities
must be carried out by the master or a designate.
* “Ship’s cook” means a seafarer with responsibility for food preparation
(Regulation 3.2, paragraph 3; Standard A3.2, paragraphs 3 and 4).
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/Part
II

Are shipowners required to provide seafarers, free of charge, during their period of
engagement, food and drinking water on board ship that is of appropriate quality,
nutritional value and quantity taking into account the differing cultural and
religious backgrounds of seafarers? (Regulation 3.2, paragraphs 1 and 2; Standard
A3.2, paragraph 2(a))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are measures in place to ensure that the organization and equipment of the
catering department are such as to permit the provision to the seafarers of
adequate, varied and nutritious meals prepared and served in hygienic conditions?
(Standard A3.2, paragraph 2(b))
If yes, please indicate the nature and frequency of the instructions or guidance:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
120
First report:
Second report:
Third report:
Fourth report:
Are ships’ cooks required to have completed a training course approved or
recognized by the competent authority?
(Standard A3.2, paragraphs 2(c), 3 and 4)
If yes, please outline the main elements of the training course:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Have dispensations been issued to permit a non-fully qualified cook to serve as
ship’s cook pursuant to Standard A3.2, paragraph 6?
If yes, please indicate the frequency and the kind of cases in which dispensations
were issued:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
What is the required frequency and format for the documented on-board
inspections by or under the authority of the master of:
supplies of food and drinking water;
spaces and equipment used for storage and handling of food and
drinking water;
121
the galley and other equipment used for the preparation and service of food?
(Standard A3.2, paragraph 7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are ships’ cooks required to be aged at least 18? (Standard A3.2, paragraph 8)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 3.2, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

Title 4. Health protection, medical care, welfare and social
security protection
Regulation 4.1 – Medical care on board ship and ashore Standard A4.1; see
also Guideline B4.1
122
Seafarers must be covered by adequate measures for the protection of their
health and have access to prompt and adequate medical care, including essential
dental care, whilst working on board.
The medical care on board must include a qualified medical doctor (or, in
permitted cases, at least one seafarer in charge), a medicine chest, medical
equipment and a medical guide as well as a prearranged system for obtaining
onshore specialist medical advice.
Health protection and care are to be provided at no cost to the seafarer, in
accordance with national law and practice.
Seafarers must be allowed to visit a qualified medical doctor or dentist without
delay in ports of call, where practicable.
MEDICAL CARE ON BOARD
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I seafarers’ employment
agreement /collective agreement
provisions Please check one or
more boxes or provide the
information below.
/ Part
II

Are measures in place to ensure that seafarers on ships flying your country’s flag
have health protection including access to prompt on-board medical diagnosis and
treatment by qualified medical and/or dental personnel, and access to the necessary
facilities, medicines, equipment and expertise, that is comparable to care available
for workers ashore?
(Regulation 4.1, paragraph 1; Standard A4.1, paragraphs 1(a) and (b), 3 and 4(a)–
(c)) If yes, please summarize the content of the relevant requirements:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are measures in place to ensure that seafarers are permitted by the
shipowner/master to visit a qualified medical doctor or dentist without delay in
ports of call, where practicable? (Standard A4.1, paragraph 1(c))
If yes, in what kinds of cases may such a visit be refused?
123
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
When are ships flying your country’s flag required to carry on board a qualified
medical doctor who is responsible for providing medical care to seafarers?
(Standard A4.1, paragraph 4(b))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are medical and dental treatment, required medicine and related care on board
provided to seafarers free of charge?
(Regulation 4.1, paragraph 2; Standard A4.1, paragraph 1(d))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please indicate the extent to which seafarers may have to cover the cost:
First report:
Second report:
Third report:
Fourth report:
124
Must shipowners bear the cost of medical care provided to seafarers when landed
in a foreign port? (Regulation 4.1, paragraph 2; Standard A4.1, paragraph 1(d))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please indicate the extent to which seafarers may have to cover the cost:
First report:
Second report:
Third report:
Fourth report:
Are ships’ medicine chests, medical equipment and medical guides inspected at
regular intervals, to ensure that they are properly maintained?
(Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraph 4)
If yes, please indicate the content of such inspections, as well as who carries them
out and at what intervals.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are ships required to carry appropriate equipment and maintain up-to-date contact
information for radio or satellite communication to obtain onshore medical advice
while on a voyage? (Standard A4.1, paragraphs 1(b) and 4(d); see guidance in
Guideline B4.1.1, paragraph 6)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
125
MEDICAL CARE ASHORE
Are seafarers on board ships voyaging in your country’s waters or visiting its
ports given access to medical facilities on shore when in need of immediate
medical or dental care? (Regulation 4.1, paragraph 3; see guidance in Guideline
B4.1.3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
Our country is landlocked
First report:
Second report:
Third report:
Fourth report:
Is there a law or regulation to provide for a system using satellite or radio or
similar forms of communication, to provide medical advice, free of charge, 24
hours a day to all ships? (Standard A4.1, paragraph 4(d))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
Our country is landlocked
If no, please explain whether any level of service is provided and, where
applicable, identify any barriers to providing such services:
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 4.1, indicating
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
126
Documentation: Please provide:
an example of the standard medical report form for seafarers (Standard A4.1,
paragraph 2; see guidance in Guideline B4.1.2, paragraph 1);
a copy of the requirements for dissertation writing service United Arab Emirates the medicine chest and medical equipment and
for the medical guide (Standard A4.1, paragraph 4(a); see guidance in Guideline
B4.1.1, paragraphs 4 and 5).
First report:
Second report:
Third report:
Fourth report:

Regulation 4.2 – Shipowners’ liability
Standards A4.2.1 and A4.2.2; see also Guidelines B4.2.1 and B4.2.2
The provisions of the Code for Regulation 4.2 (Standard A4.2 and Guideline
B4.2) were amended in 2014.
Seafarers have a right to material Helpance and support from the shipowner
with respect to the financial consequences of sickness, injury or death occurring
while they are serving under a SEA or arising from their employment under such
agreement.
127
Shipowners are liable to defray the expense of medical care, including
medical treatment and the supply of the necessary medicines and therapeutic
appliances, and board and lodging away from home until the sick or injured
seafarer has recovered, or until the sickness or in-capacity has been declared of a
permanent character.
Shipowners or their representatives must take measures for safeguarding the
property left on board by sick, injured or deceased seafarers.
Shipowners are to provide financial security (in the form of a social security
scheme or insurance or fund or other similar arrangements) to assure
compensation in the event of the death or long-term disability of seafarers due to
an occupational injury, illness or hazard, as set out in national law, the SEA or
collective agreement.
The system of financial security must meet the following
requirements:
– the contractual compensation must be paid in full and without
delay;
– there shall be no pressure to accept a payment less than the
contractual amount;
– when time is needed to assess the full compensation, interim
payments must be made to the seafarer to avoid undue hardship;
– the seafarer must receive payment without prejudice to other legal
rights (but such payment may be offset by the shipowner against any
damages resulting from any other claim made by the seafarer against the
shipowner and arising from the same incident); and
– the claim for contractual compensation may be brought directly by
the seafarer concerned, their next of kin, or a representative of the seafarer
or designated beneficiary.
Effective arrangements must be in place to receive, deal with and impartially
settle contractual claims through expeditious and fair procedures.
Ships shall carry on board – and post in a conspicuous place – a certificate or
other documentary evidence of financial security issued by the financial security
provider.
Adequate information on all matters is to be found in the enclosed seafarers’
employment agreement / collective agreement provisions / DMLC, Part I
/Part II Please check one or more boxes or provide the information below.
128
Has your country adopted legal provisions requiring shipowners to provide
seafarers with material Helpance and support with respect to the financial
consequences, including burial expenses, of sickness, injury or death occurring
while serving under seafarers’ employment agreements or arising from their
employment under such agreements?
(Regulation 4.2, paragraph 1; Standard A4.2.1, paragraphs 1 and 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Do your national laws or regulations limit the period during which a shipowner
will continue to be liable to cover medical and other expenses incurred due to the
seafarers’ injury or sickness and to pay wages to the seafarers when no longer on
board?
(Standard A4.2.1, paragraphs 2 and 4)
If yes, please specify the number of weeks, from the day of the injury or the
commencement of the sickness, during which the shipowner remains liable.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Do your national laws or regulations exclude the shipowners’ liability in certain
cases? (Standard A4.2.1, paragraph 5)
If yes, please indicate those cases:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
129
Second report:
Third report:
Fourth report:
What kinds of financial security are shipowners required to provide in order to
assure compensation in the event of death or long-term disability of seafarers due
to an occupational injury, illness or hazard?
Please specify the form taken by the system of financial security and if it was
determined after consultation with the shipowners’ and seafarers’ organizations
concerned.
(Standard A4.2.1, paragraph 1(b) and 8; Standard A4.2.2, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please indicate how national laws and regulations ensure that the system of
financial security meets the following minimum requirements:
(a) payment of compensation in full and without delay:
(b) no pressure to accept payment less than the contractual amount;
(c) interim payments (while situation is being assessed) to avoid undue
hardship;
(d) offsetting payment against any damages resulting from any other claim
made by the seafarer against the dissertation writing Dubai shipowner and arising from the same
incident;
(e) persons who can bring the claim for contractual compensation (seafarer,
her/his next of kin, representative or designated beneficiary).
(Standard A4.2.1, paragraph 8)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
130
Third report:
Fourth report:
Does national legislation provide that ships must carry on board a certificate or
other documentary evidence of financial security issued by the financial security
provider?
If yes, please specify if the certificate or other documentary evidence has to
contain the information required in Appendix A4-I, be in English or accompanied
by an English translation, and if a copy must be posted in a conspicuous place on
board.
(Standard A4.2.1, paragraphs 11 and 14)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Does national legislation provide:
(a) for at least 30 days of notice by the financial security provider to the
competent authority of the flag State before the financial security can cease;
(b) that the competent authority is notified by the financial security provider
if a shipowner’s financial security is cancelled or terminated;
(c) that seafarers receive prior notification if a shipowner’s financial security
is to be cancelled or terminated?
(Standard A4.2.1, paragraphs 9, 10 and 12)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
131
How does national legislation ensure that effective arrangements are in place to
receive, deal with and impartially settle contractual claims relating to
compensation in the event of the death or long-term disability of seafarers due to
an occupational injury, illness or hazard, through expeditious and fair procedures?
(Standard A4.2.2, paragraph 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are there circumstances in which the shipowners’ liability for the expense of
medical care and board and lodging and burial expenses are assumed by the public
authorities?
(Standard A4.2.1, paragraph 6; see guidance in Guideline B4.2.1, paragraphs 2
and 3) If yes, please indicate the circumstances:
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are shipowners or their representatives required to safeguard the personal
property of sick or injured or deceased seafarers and/or to return it to them or their
next of kin? (Standard A4.2.1, paragraph 7)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
132
Additional information concerning implementation of Regulation 4.2, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide an example of the kind of documentation that is
accepted or issued with respect to the financial security that must be provided by
shipowners (Standard A4.2.1, paragraph 1(b)).
Where this material is not available in English, French or Spanish, please provide
a summary in one of these languages.
First report:
Second report:
Third report:
Fourth report:

Regulation 4.3 – Health and safety protection and accident prevention
Standard A4.3; see also Guideline B4.3
The working, living and training environment on ships must be safe and
hygienic and conform to national laws and regulations and other measures for
occupational safety and health protection and accident prevention on board ship.
Reasonable precautions are to be taken on the ships to prevent occupational
accidents, injuries and diseases including risk of exposure to harmful levels of
ambient factors and chemicals as well as the risk of injury or disease that may result
from the use of equipment and machinery on the ship.
Ships must have an occupational safety and health policy and programme to
prevent occupational accident injuries and diseases, with a particular concern for
the safety and health of seafarers under the age of 18.
A ship safety committee, which includes participation by the seafarer safety
representative, is required (for ships with five or more seafarers).
Risk Assessment is required for on-board occupational safety and health
management (taking into account relevant statistical data).

133
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/ Part
II
Has your country adopted national laws and regulations and taken other measures,
including the development and promulgation of national guidelines for the
management of occupational safety and health, to protect seafarers that live, work
and train on board ships flying its flag? (Regulation 4.3, paragraphs 1–3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Do those laws and regulations and other measures address all matters in Standard
A4.3, paragraphs 1 and 2, including any measures taken to protect seafarers under
the age of 18? (Standard A4.3, paragraphs 1 and 2; see guidance in Guideline
B4.3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please indicate the matters that are not addressed:
First report:
Second report:
Third report:
Fourth report:
Are those laws and regulations and other measures reviewed regularly, in
consultation with shipowners’ and seafarers’ organizations, with a view to their
revision to account for changes in technology and research and the need for
continuous improvement? (Standard A4.3, paragraph 3)
If yes, please indicate scope and results of such reviews.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
134
First report:
Second report:
Third report:
Fourth report:
Are ships with five or more seafarers on board required to have a safety committee
which includes seafarer representatives?
(Standard A4.3, paragraph 2(d))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are occupational accidents, injuries and diseases reported taking into account
guidance from the ILO?
(Standard A4.3, paragraphs 5(a) and 6)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please explain what reports are required:
First report:
Second report:
Third report:
Fourth report:
Are shipowners required to conduct risk Assessments for occupational safety and
health on board ship?
(Standard A4.3, paragraph 8)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please explain what shipowners are required to do with respect to
ascertaining and preventing risks:
135
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 4.3, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English, French or Spanish:
an example of a document (e.g. Part II of the DMLC outlining a shipowner’s
practices or on-board programmes (including risk Assessment) for preventing
occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c),
2(b) and 8);
a copy of the relevant national guidelines (Regulation 4.3, paragraph 2);
a copy of the document(s) used for reporting unsafe conditions or occupational
accidents on board ship (Standard A4.3, paragraph 1(d)).
First report:
Second report:
Third report:
Fourth report:

Regulation 4.4 – Access to shore-based welfare facilities Standard A4.4; see
also Guideline B4.4
136
Shore-based welfare facilities, if they exist in your country, must be accessible
to all seafarers, irrespective of nationality, race, colour, sex, religion, political
opinion or social origin, or the flag State of their ship.
The development of welfare facilities should be promoted in appropriate ports
determined after consultation with shipowners’ and seafarers’ organizations.
The establishment of welfare boards must be encouraged to regularly review
welfare facilities and service for appropriateness in the light of changes in the needs
of seafarers resulting from developments in the shipping industry.
Our
country is
landlocked

Please check the above box or provide the
information below.
How many shore-based seafarer welfare facilities are operating in your country?
First report:
Second report:
Third report:
Fourth report:
Please provide information on plans for the development or further development of
seafarer welfare facilities in your country.
(Standard A4.4, paragraph 2)
First report:
Second report:
Third report:
Fourth report:
Is access to shore-based welfare facilities or services restricted in the case of certain
categories of visiting seafarers coming into port?
(Regulation 4.4, paragraph 1; Standard A4.4, paragraph 1) If yes, please indicate
the kind of restrictions applied:
First report:
Second report:
Third report:
137
Fourth report:
Have one or more welfare boards been established? (Standard A4.4, paragraph
3)
If yes, please outline their composition and activities:
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 4.4, including
any cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English, French or Spanish:
a list of all seafarers’ shore-based welfare facilities and services, if any,
operating in your country; a copy of a report or review prepared by a welfare
board, if any, on the welfare services.
First report:
Second report:
Third report:
Fourth report:

Regulation 4.5 – Social security
Standard A4.5; see also Guideline B4.5
138
All seafarers ordinarily resident in your country’s territory are entitled to
social security protection, complementing the protection provided by medical
care and shipowners’ liability, in the branches of social security notified by your
country to the ILO Director-General (which must include at least three of the nine
branches specified). Social security protection must be no less favourable
than that enjoyed by shoreworkers resident in your country’s territory. This
responsibility can be satisfied, for example, through appropriate bilateral or
multilateral agreements or contribution-based schemes.
Your country must take steps, according to its national circumstances,
individually and through international cooperation, to achieve progressively
comprehensive social security protection for seafarers. The present report must
include information regarding steps taken by your country to extend protection to
branches other than those at present notified to the ILO.
Consideration must also be given to ways in which, in accordance with your
national law and practice, comparable benefits will be provided to seafarers in the
absence of adequate coverage in the nine branches specified.
To the extent consistent with its national law and practice, your country must
cooperate with others to ensure the maintenance of social security rights acquired
or in the course of acquisition.
Fair and effective procedures for the settlement of disputes must be
established.
Below, please provide the answer and information relating to the following
question: With respect to each of the nine branches listed in the left-hand column,
is complementary social security protection provided to seafarers ordinarily
resident in your country? If yes, please indicate the main benefits provided in the
branch concerned.
(Standard A4.5, paragraphs 1 and 3)
If the branches specified at the time of ratification do not include medical care,
sickness benefit and employer injury benefit, please indicate how due
consideration has been given to Guideline B4.5, paragraph 1 in implementing
Standard A4.5, paragraph 2.
Medical care No
Yes
Please
i
texts.

Main
benefits
provided:
cate the
applicable
national
provisions
ndi
139
and, if
possible,
reproduce
the
relevant
First report
Second report
Third report
Fourth report
Sickness
benefit No
Yes
Please
i
texts.

Main
benefits
provided:
cate the
applicable
national
provisions
and, if
possible,
reproduce
the
relevant
ndi
First report
Second report
Third report
Fourth report
Unemployment
benefit No
Yes
Please
i
texts.

Main
benefits
provided:
cate the
applicable
national
provisions
and, if
ndi
140
possible,
reproduce
the
relevant
First report
Second report
Third report
Fourth report
Old-age
benefit No
Yes
Please
i
texts.

Main
benefits
provided:
cate the
applicable
national
provisions
and, if
possible,
reproduce
the
relevant
ndi
First report
Second report
Third report
Fourth report
Employment
injury benefit No
Yes
Please
i
texts.

Main
benefits
provided:
cate the
applicable
national
provisions
and, if
possible,
ndi
141
reproduce
the
relevant
First report
Second report
Third report
Fourth report
Family benefit
No
Yes
texts.

Main
benefits
provided:
Please
indicate
the
applicable
national
provisions
and, if
possible,
reproduce
the
relevant
First
report

Second
report

Third
report

Fourth
report

Maternity
benefit No
Yes

142
Please
i
texts.
ndi Main
benefits provided:
cate the
applicable
national provisions
and, if possible,
reproduce
the
relevant
First
report

Second
report

Third
report

Fourth
report

Invalidity
benefit
No
Yes
Please
i
texts.

Main
benefits provided:
cate the
applicable
national provisions
and, if possible,
reproduce
the
relevant
ndi
First
report

Second
report

143
Third
report

Fourth
report

Survivors’
benefit No
Yes
texts.

Main
benefits
provided:
Please
indicate
the
applicable
national
provisions
and, if
possible,
reproduce
the
relevant
First
report

Second
report

Third
report

Fourth
report

Are there any branches in which benefits are provided that are less favourable than
those provided to shoreworkers resident in your country?
(Regulation 4.5, paragraph 3; Standard A4.5, paragraph 3) If yes, please indicate
the branches concerned:
First report:
Second report:
Third report:
Fourth report:
144
Are dependants of seafarers ordinarily resident in your country provided with social
security protection? (Regulation 4.5, paragraph 1)
First report:
Second report:
Third report:
Fourth report:
Please indicate any steps taken or plans being made or discussed in your country to
improve the benefits currently provided to seafarers or to extend social security
protection for seafarers to branches not covered at present.
(Regulation 4.5, paragraph 2; Standard A4.5, paragraph 11)
First report:
Second report:
Third report:
Fourth report:
Please indicate any bilateral or multilateral arrangements in which your country
participates regarding the provision of social security protection, including the
maintenance of rights acquired or in the course of acquisition.
(Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8)
First report:
Second report:
Third report:
Fourth report:
Are shipowners’ and, if applicable, seafarers’ contributions to relevant social
protection and social security systems or schemes monitored to verify that the
contributions are made?
(Standard A4.5, paragraph 5; see guidance in Guideline B4.5, paragraphs 6 and 7)
First report:
Second report:
Third report:
Fourth report:
145
Has your country adopted any measures for providing benefits to non-resident
seafarers working on ships flying its flag who do not have adequate social security
coverage?
(Standard A4.5, paragraphs 5 and 6; see guidance in Guideline B4.5, paragraph 5)
First report:
Second report:
Third report:
Fourth report:
What fair and effective procedures for the settlement of disputes relating to social
security for seafarers have been established?
(Standard A4.5, paragraph 9)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 4.5, including any
cases of substantial equivalence.
First report:
Second report:
Third report:
Fourth report:

Title 5. Compliance and enforcement
Note: Title 5 has three primary Regulations (Regulation 5.1, Flag
State responsibilities; Regulation 5.2, Port State responsibilities; and
Regulation 5.3, Labour-supplying responsibilities). These three
Regulations prescribe the details of the basic obligations set out in
Article V, Implementation and enforcement responsibilities (see
paragraphs 2–7).
Regulations 5.1 and 5.2 comprise a number of Regulations, each
with its own Part A – Standards and Part B – Guidelines. They are
146
dealt with in this report as separate Regulations, for example
Regulation 5.1.1 – General principles.

Regulation 5.1 – Flag State responsibilities
Regulation 5.1.1 – General principles
Standard A5.1.1; see also Guideline B5.1.1
With reference also to Regulation 5.1.4 and Standard A5.1.4, paragraphs 1
and 2
Each country must have an effective system for the inspection and
certification of labour conditions on ships flying its flag, with clear objectives and
standards covering the administration of this system, as well as adequate overall
procedures for the assessment of the extent to which those objectives and
standards are being attained.
The competent authority must appoint a sufficient number of qualified
inspectors to fulfil its inspection and certification functions.
Please describe the basic structure and objectives of your country’s system
(including measures to assess its effectiveness) for the inspection and certification
of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to
ensure that the working and living conditions for seafarers on ships that fly its
flag meet, and continue to meet, the standards in the Convention. (Regulation
5.1.1, paragraphs 2 and 5; Standard A5.1.1, paragraph 1; Regulation 5.1.2,
paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are ships flying your country’s flag required to have a copy of the Convention
available on board?
(Standard A5.1.1, paragraph 2)
If yes, please provide the reference for this requirement and reproduce the relevant
texts if possible:
First report:
147
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.1.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English, French or Spanish:
a report or other document containing information on the objectives and
standards established for your country’s inspection and certification system,
including the procedures for its assessment;
information on the budgetary allocation during the period covered by this
report for the administration of your country’s inspection and certification system
and the total income received during the same period on account of inspection
and certification services; the following statistical information:
– number of ships flying your country’s flag that were inspected
during the period covered by this report for compliance with the
requirements of the Convention;
– number of inspectors, appointed by the competent authority or by
a duly authorized recognized organization, carrying out those inspections
during the period covered by this report;
– number of full-term (up to five years) maritime labour certificates
currently in force;
– number of interim certificates issued during the period covered by
this report in accordance with Standard A5.1.3, paragraph 5.
First report:
Second report:
Third report:
Fourth report:

148
Regulation 5.1 – Flag State responsibilities
Regulation 5.1.2 – Authorization of recognized organizations
Standard A5.1.2; see also Guideline B5.1.2 (and Regulation 5.1.1, paragraph
3)
Recognized organizations may be authorized to carry out certain inspection
and certification functions, provided that:
– those functions are expressly mentioned in the Code of the
Convention as being carried out by the competent authority or a recognized
organization;
– the functions come within the authorization conferred by the
competent authority;
– the recognized organization has demonstrated that it has the
necessary competence and independence.
Countries must establish a system to ensure the adequacy of work
performed by recognized organizations, and have procedures for communication
with and oversight of such organizations.
They must provide the ILO with the current list of recognized organizations,
specifying the functions authorized.
Our country does not make use of
recognized organizations
Please check the above box or
provide the information below.

Has your country adopted laws or regulations or other measures governing the
authorization of recognized organizations for inspection and certification
functions?
If yes, please indicate the applicable national provisions and, if possible, reproduce
the relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are all recognized organizations granted the power to require rectification of
deficiencies on ships and to carry out inspections at the request of port States?
(Standard A5.1.2, paragraph 2)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
149
First report:
Second report:
Third report:
Fourth report:
Has your country provided the ILO with a current list of recognized organizations
authorized to act on your country’s behalf, specifying the functions authorized?
(Standard A5.1.2, paragraph 4)
Yes
No, the information is attached to this report
Please describe how your country reviews the competence and independence of
recognized organizations, including information on any system established for
oversight and communication of relevant information to authorized organizations.
(Regulation 5.1.2, paragraph 2; Standard A5.1.2, paragraph 1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
This information is already included above in
connection with Regulation 5.1.1

First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.2.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English, French or Spanish, an example or
examples of authorizations given to recognized organizations (Regulation 5.1.1,
paragraph 5; Regulation 5.1.2, paragraph 2).
First report:
Second report:
150
Third report:
Fourth report:

Regulation 5.1 – Flag State responsibilities
Regulation 5.1.3 – Maritime labour certificate and declaration of maritime
labour compliance Standard A5.1.3; see also Guideline B5.1.3
Ships must carry a maritime labour certificate if:
– they are 500 GT or more and engaged in international voyages; or
– they are 500 GT or more and fly the flag of a country and are
operating from a port, or between ports, in another country; or
– a certificate is requested by the shipowner.
The certificate certifies that the working and living conditions of the seafarers
on the ship have been inspected and meet the requirements of your country’s laws
or regulations or other measures implementing the Convention.
The certificate is issued after the 16 matters listed in Appendix A5-I have
been inspected and found to be in compliance, for a period not exceeding five
years, subject to at least one intermediate inspection during that period.
In prescribed cases, an interim certificate may be issued, only once, for a
period not exceeding six months.
A declaration of maritime labour compliance (DMLC) must be attached to
the certificate (if full term); Part I of the DMLC, which is drawn up by the
competent authority, identifies the national requirements relating to the 16 matters
listed in Appendix A5-I; Part II, which is drawn up by the shipowner and certified
by the competent authority or a duly authorized recognized organization,
identifies the measures adopted to ensure ongoing compliance with those national
requirements.
The form and content of the certificates and the DMLC are
prescribed in Standard A5.1.3 and Appendix A5-II.
In prescribed circumstances, a maritime labour certificate ceases
to be valid or must be withdrawn.
Below please provide a reference to the national provisions or other measures
implementing the corresponding requirements of the Convention, if those
provisions or measures are in English, French or Spanish; otherwise please
provide the reference and summarize the content of those provisions or measures.
151
The cases in which a maritime labour certificate is required; the maximum period
of issue; the scope of the prior inspection; the requirement for an intermediate
inspection; the provisions for renewal of the certificate.
(Regulation 5.1.3; Standard A5.1.3, paragraphs 1–4)
First report:
Second report:
Third report:
Fourth report:
The cases in which a maritime labour certificate may be issued on an interim basis
(Standard A5.1.3, paragraphs 5(a)–(c)); the maximum period of issue of interim
certificates, if issued; the scope of the prior inspection required if interim
certificates are issued.
(Standard A5.1.3, paragraphs 5–8)
First report:
Second report:
Third report:
Fourth report:
The requirements for posting on the ship, and for making available for review,
the maritime labour certificate and the declaration of maritime labour compliance.
(Regulation 5.1.3, paragraph 6; Standard A5.1.3, paragraphs 12 and 13)
First report:
Second report:
Third report:
Fourth report:
The circumstances in which a maritime labour certificate ceases to be valid.
(Standard A5.1.3, paragraphs 14 and 15; see guidance in Guideline B5.1.3,
paragraph 6)
First report:
Second report:
152
Third report:
Fourth report:
The circumstances in which a maritime labour certificate must be withdrawn.
(Standard A5.1.3, paragraphs 16 and 17)
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.3.
First report:
Second report:
Third report:
Fourth report:
Documentation: If available in your country, please provide, in English, a copy
of the national interim maritime labour certificate.
First report:
Second report:
Third report:
Fourth report:

Regulation 5.1 – Flag State responsibilities
Regulation 5.1.4 – Inspection and enforcement Standard A5.1.4; see also
Guideline B5.1.4
153
Adequate rules must be made to ensure that inspectors have the training,
competence, terms of reference, guidelines, powers, status and independence
necessary or desirable to perform inspections effectively.
Ships must be inspected at the intervals required for the purposes of
certification, where applicable, and in no case at an interval exceeding three years.
Where a complaint is received that is not manifestly unfounded, or there is
evidence of non-conformity with the requirements of the Convention or there are
serious deficiencies in the implementation of the measures in the declaration of
maritime labour compliance, the matter must be investigated and any deficiencies
remedied. If there are grounds to believe that deficiencies constitute a serious
breach of the requirements of this Convention (including seafarers’ rights), or
represent a significant danger to seafarers’ safety, health or security, inspectors
must have the power to prohibit a ship from leaving port until necessary actions
are taken (subject to any right of appeal).
All reasonable efforts must be made to avoid a ship being unreasonably
detained or delayed. Compensation must be paid in the case of the wrongful
exercise of the inspectors’ powers.
Adequate penalties and other corrective measures must be effectively
enforced for breaches of the requirements of the Convention (including seafarers’
rights) and for obstructing inspectors in the performance of their duties.
Inspectors must treat as confidential the source of any grievance or complaint
alleging a danger or deficiency in relation to seafarers’ working and living
conditions or a violation of laws and regulations.
Inspectors must submit a report of each inspection to the competent authority,
to be posted on the ship and sent, upon request, to the seafarers’ representatives.
The competent authority must maintain records of the inspections and publish an
annual report.
Are all ships covered by the Convention that fly your country’s flag inspected for
compliance with the Convention’s requirements at least once every three years?
(Regulation 5.1.4, paragraph 1; Standard A5.1.4, paragraph 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
If no, please indicate any categories of ships that are not inspected at all or
inspected at greater than three-year intervals:
First report:
Second report:
Third report:
154
Fourth report:
Please indicate the qualifications and training required for flag State inspectors
carrying out inspections under the Convention.
(Standard A5.1.4, paragraph 3)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please summarize the measures adopted to guarantee that inspectors have a status
and conditions of service ensuring that they are independent of changes of
government and of improper external influences; and please indicate the manner
in which those measures are enforced.
(Standard A5.1.4, paragraphs 3, 6, 11(a) and 17)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Are inspectors issued with a copy of the ILO’s 2008 Guidelines for flag State
inspections under the Maritime Labour Convention, 2006, or similar national
guidelines and/or policy?
(Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraph 2)
First report:
Second report:
Third report:
Fourth report:
155
Please summarize the procedures for receiving and investigating complaints, and
ensuring that their source is kept confidential.
(Standard A5.1.4, paragraphs 5, 10 and 11(b); see guidance in Guideline B5.1.4,
paragraph 3) Please indicate the applicable national provisions and, if possible,
reproduce the relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please describe the arrangements made to ensure that inspectors submit a report
of each inspection to the competent authority, that a copy is furnished to the
master and another posted on the ship’s notice board.
(Standard A5.1.4, paragraph 12)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
In what kinds of cases will a ship be prohibited from leaving port until necessary
actions are taken to remedy deficiencies under the Convention? (Standard A5.1.4,
paragraph 7(c))
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
156
Please identify, and outline the content of, the legal provisions or principles under
which compensation must be paid for any loss or damage from the wrongful
exercise of the inspectors’ powers, and where applicable, please provide examples
in which shipowners have been awarded compensation.
(Standard A5.1.4, paragraph 16)
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.4.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide:
a copy of the annual reports on inspection activities, in English, French or
Spanish, that have been issued in accordance with Standard A5.1.4, paragraph
13, during the period covered by this report;
a standard document issued to or signed by inspectors setting out their functions
and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4,
paragraphs 7 and 8), together with a summary in English, French or Spanish if
the document is not in one of those languages;
a copy of any national guidelines issued to inspectors in implementation of
Standard A5.1.4, paragraph 7, with an indication of the content in English,
French or Spanish if the guidelines are not in one of those languages;
a copy of the form used for an inspector’s report (Standard A5.1.4,
paragraph 12);
a copy of any documentation that is available informing seafarers and interested
others about the procedures for making a complaint (in confidence) regarding a
breach of the requirements of the Convention (including seafarers’ rights)
(Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3),
with an indication of the content in English, French or Spanish if the
documentation is not in one of those languages.
157
First report:
Second report:
Third report:
Fourth report:

Regulation 5.1 – Flag State responsibilities
Regulation 5.1.5 – On-board complaint procedures Standard A5.1.5; see also
Guideline B5.1.5
Ships must have on-board procedures for the fair, effective and expeditious
handling of seafarers’ complaints alleging breaches of the requirements of the
MLC, 2006 (including seafarers’ rights).
Those procedures must seek to resolve complaints at the lowest level
possible although seafarers must have a right to complain directly to the master and
to appropriate external authorities.
The procedures must include the right of the seafarer to be accompanied or
represented during the complaints procedure, as well as safeguards against the
possibility of victimization for filing complaints. Such victimization must be
prohibited.
All seafarers must be provided with a copy of the on-board
complaint procedures applicable on the ship.
Adequate information on all matters
is to be found in the enclosed DMLC,
Part I Please check one or both boxes
or provide the information below.
/  Part
II

Has the competent authority in your country developed a model for a fair and
expeditious and well-documented on-board complaint procedure for ships that fly
your country’s flag?
(Regulation 5.1.5, paragraph 1; Standard A5.1.5, paragraphs 1–3; see guidance
in Guideline B5.1.5, paragraphs 1 and 2)
If yes, please indicate the extent to which this model must be followed by
shipowners:
First report:
Second report:
158
Third report:
Fourth report:
Please identify, and outline the content of, the legal provisions or principles under
which victimization of seafarers for filing a complaint is prohibited and penalized
in your country.
(Regulation 5.1.5, paragraph 2)
First report:
Second report:
Third report:
Fourth report:
Please outline the arrangements made to ensure that all seafarers are provided with
a copy of the on-board complaint procedures applicable on the ship, including
contact information relevant to that ship and to the seafarers concerned.
(Standard A5.1.5, paragraph 4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.5.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide a copy of your country’s model for on-board
complaint procedures, if developed, or of typical procedures that are followed on
ships that fly its flag, with a translation into English, French or Spanish if the
procedures are not in one of these languages.
159
First report:
Second report:
Third report:
Fourth report:

Regulation 5.1 – Flag State responsibilities Regulation 5.1.6 – Marine
casualties
An official inquiry must be held into any serious marine casualty, leading to
injury or loss of life that involves ships flying your country’s flag.
ILO Members must cooperate in the investigation of serious marine
casualties.
Please indicate the relevant legal provisions and any other measures
implementing Regulation 5.1.6, providing a summary in English, French or
Spanish if the provisions or measures are not in one of those languages.
First report:
Second report:
Third report:
Fourth report:
Please describe what arrangements and requirements exist for holding an official
inquiry into cases of serious marine casualties that involve a ship flying your
country’s flag and lead to injury or loss of life, indicating whether the final reports
of such inquiries are normally made public.
(Regulation 5.1.6, paragraph 1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
160
Please supply information on the number of inquiries held during the period
covered by this report.
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.1.6.
First report:
Second report:
Third report:
Fourth report:

Regulation 5.2 – Port State responsibilities
Regulation 5.2.1 – Inspections in port
Standard A5.2.1; see also Guideline B5.2.1
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Every foreign ship calling, in the normal course of its business or for
operational reasons, in a port may be the subject of inspection by an authorized
officer of your country for the purpose of reviewing compliance with the
requirements of the Convention (including seafarers’ rights) relating to the working
and living conditions of seafarers on the ship.
The inspection must be based on an effective port State inspection
and monitoring system.
If a ship carries a maritime labour certificate issued in accordance with the
Convention, that certificate and the declaration of maritime labour compliance
attached to it must be accepted as prima facie evidence of compliance. The
inspection must then be limited to a review of the certificate and declaration, except
in the cases specified under (a)–(d) of Standard A5.2.1, paragraph 1.
In the cases specified in Standard A5.2.1, paragraph 1 (a) – (d) a more detailed
inspection may be carried out. Such inspection must be carried out where the
working and living conditions believed or alleged to be defective could constitute
a clear hazard to the safety, health or security of seafarers or where the authorized
officer has grounds to believe that any deficiencies constitute a serious breach of
the requirements of the Convention (including seafarers’ rights).
The more detailed inspection must, in principle, cover the 14 matters listed in
Appendix A5-III, except in the case of a complaint.
The procedures to be followed where deficiencies or non-conformities are
found (including the detention of the ship in port until rectification or acceptance
by the authorized officer of a plan of action for rectification) are set out in Standard
A5.2.1, paragraphs 4–6.
All possible efforts must be made to avoid a ship being unduly detained or
delayed. Compensation must be paid for any loss or damage where a ship is found
to be unduly detained or delayed.
Our
country
is not a
port
State

Please
check the
above box
or provide
the
information
below.
Please specify any regional port State control Memorandum of Understanding
(MOU) in which your country participates.
(Regulation 5.2.1, paragraph 3)
First report:
162
Second report:
Third report:
Fourth report:
Has your country established an effective port State inspection and monitoring
system, for the purpose of reviewing compliance with the requirements of the MLC,
2006 (including seafarers’ rights)?
(Regulation 5.2.1, paragraphs 1, 4 and 5)
If yes, please describe the system, including the method used for assessing its
effectiveness.
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
First report:
Second report:
Third report:
Fourth report:
Please indicate the number of authorized officers appointed by the competent
authority and please provide information on the qualifications and training required
for carrying out port State control.
First report:
Second report:
Third report:
Fourth report:
Are authorized officers given guidance as to the kinds of circumstances justifying
detention of ship (such as the relevant guidance contained in the ILO’s 2008
Guidelines for port State control officers carrying out inspections under the
Maritime Labour Convention, 2006, or similar national guidance or guidance
provided by a regional port State control MOU)? (Standard A5.2.1, paragraph
7)
If yes, please identify the guidance:
First report:
Second report:
163
Third report:
Fourth report:
Please identify, and outline the content of, the legal provisions or principles under
which compensation must be paid for any loss or damage for a ship being unduly
detained or delayed and, where applicable, please provide examples in which
shipowners have been awarded compensation.
(Standard A5.2.1, paragraph 8)
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.2.1.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide:
a copy of any national guidelines issued to inspectors in implementation of
Standard A5.2.1, paragraph 7, with an indication of the content in English, French
or Spanish if the guidelines are not in one of those languages;
the following statistical information for the period covered by this
report:
– number of foreign ships inspected in port;
– number of more detailed inspections carried out according to
Standard A5.2.1, paragraph 1;
– number of cases where significant deficiencies were detected;
– number of detentions of foreign ships due, wholly or partly, to
conditions on board ship that are clearly hazardous to the safety, health or
security of seafarers, or constitute a serious or repeated breach of the
requirements of MLC, 2006 (including seafarers’ rights).
164
Note: If this information is also provided in connection with a regional PSC
arrangement, a copy of that report or link to the relevant web site where these data
can be accessed is sufficient.
First report:
Second report:
Third report:
Fourth report:

Regulation 5.2 – Port State responsibilities
Regulation 5.2.2 – Onshore complaint-handling procedures Standard A5.2.2;
see also Guideline B5.2.2
A complaint by a seafarer alleging a breach of the requirements of this
Convention (including seafarers’ rights) may be reported to an authorized officer
in the port at which the seafarer’s ship has called.
The authorized officer must undertake an initial investigation. If the complaint
falls within the scope of Standard A5.2.1, a more detailed inspection may be carried
out. Otherwise, where appropriate, the authorized officer must seek to promote a
resolution of the complaint at the shipboard level.
If the investigation or the inspection reveals a non-conformity justifying
detention of the ship, the procedure provided for in Standard A5.2.1, paragraph 6,
must be followed.
Otherwise, if the complaint has not been resolved, the authorized officer
notifies the flag State, seeking advice and a corrective plan of action. If the
complaint is still not resolved, the port State must transmit a copy of the authorized
officer’s report, accompanied by any reply from the flag State, to the ILO DirectorGeneral; the appropriate shipowners’ and seafarers’ organizations in the port State
are similarly informed.
165
Appropriate steps must be taken to safeguard the confidentiality of
complaints made by seafarers.
Our
country
is not a
port
State

Please
check the
above box
or provide
the
information
below.
Has your country established procedures, including steps taken to safeguard
confidentiality, for seafarers calling at its ports to report a complaint alleging breach
of the requirements of the MLC, 2006 (including seafarers’ rights)?
(Regulation 5.2.2, paragraph 1; Standard A5.2.2, paragraphs 1–7; see guidance in
Guideline B5.2.2) If yes, please describe the procedures, referring to the
corresponding legal provisions or measures:
First report:
Second report:
Third report:
Fourth report:
Please provide information on the number of such complaints that were reported
during the period covered by this report and on the complaints that were resolved
and reported to the ILO Director-General.
(Standard A5.2.2, paragraph 6)
First report:
166
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.2.2.
First report:
Second report:
Third report:
Fourth report:
Documentation: Please provide, in English, French or Spanish a copy of a
document, if any, that describes the onshore complaint-handling procedures.
First report:
Second report:
Third report:
Fourth report:

Regulation 5.3 – Labour-supplying responsibilities Standard A5.3; see also
Guideline B5.3
ILO Members must establish an effective inspection and monitoring system
for enforcing their laboursupplying responsibilities, particularly those regarding the
recruitment and placement of seafarers.
Members must also implement social security responsibilities for seafarers
that are its nationals or residents or are otherwise domiciled in their territory.
There are no
seafarers in our
country
Please check
the above box
or provide the
information
below.

167
Please describe the system in your country for the inspection and monitoring and
enforcement (including legal proceedings for breaches of the requirements under
Regulation 1.4) of its labour-supplying responsibilities under the MLC, 2006,
including the method used for assessing its effectiveness.
(Regulation 5.3, paragraphs 3 and 4; Standard A5.3, referring to Standard A1.4)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
This information has been provided in the context of Regulation 1.4 ☐
First report:
Second report:
Third report:
Fourth report:
If you have seafarers who are nationals or ordinarily resident or domiciled in your
country, have arrangements been made to ensure that they receive social security
protection irrespective of the flag of the ship on which they are working?
(Regulation 5.3, paragraph 1)
Please indicate the applicable national provisions and, if possible, reproduce the
relevant texts.
This question has been answered in the context of Regulation 4.5
First report:
Second report:
Third report:
Fourth report:
Additional information concerning implementation of Regulation 5.3.
First report:
Second report:
Third report:
Fourth report:

168
Appendix
Legal Adviser’s opinion on the relationship between Parts A and
B of the Code (extract of Appendix D to Report I (1A) of the 94th
(Maritime) Session of the International Labour Conference,
2006) 3

Coexistence of mandatory and non-mandatory provisions in a
Convention
Questions were addressed to the Legal Adviser (in 2003) by the
Government representatives of the Netherlands and Denmark, as
well as those of Cyprus and Norway, as to the various consequences
flowing from the coexistence in the draft consolidated Convention
of binding and non-binding provisions for ratifying Members.
The High-level Tripartite Working Group on Maritime Labour
Standards is, in accordance with its mandate, working on a
consolidated Convention as a new type of instrument compared with
those adopted up to now. The consolidation of maritime instruments
in force is aimed at placing all substantive elements in a single
instrument in an approach radically different to that employed up to
now, where Conventions contain detailed technical provisions, often
accompanied by Recommendations. From this perspective,
conclusions cannot be drawn from the traditional formal
arrangement based on the distinction between a Convention – where
the provisions are binding – and a Recommendation – where they
are not. The future instrument is a Convention open to ratification
by States Members providing explicitly for the coexistence of
binding and non-binding provisions (proposed Article VI, paragraph
1). The provisions of Part A of the Code would be binding; those of
Part B would not.
Some international labour Conventions set out, alongside binding
provisions, others that are of a different nature. 4
The novelty
introduced in the future instrument essentially resides in the great
number of non-binding provisions in the instrument. It should
equally be noted that other organizations, such as the IMO, have
adopted conventions containing the two types of provisions without
any apparent legal problems in their application.
Members ratifying the Convention would have to conform to the
obligations set out in the Articles, the Regulations and Part A of the
Code. Their only obligation under Part B of the Code would be to

3
ILO: Adoption of an instrument to consolidate maritime labour standards, Report I(1A), International
Labour Conference, 94th (Maritime) Session, Geneva, 2006.
4
See, for example, the Occupational Health Services Convention, 1985 (No. 161), Article 9, paragraph
1: “… occupational health services should be multidisciplinary”.
169
examine in good faith to what extent they would give effect to such
provisions in order to implement the Articles, the Regulations and
Part A of the Code. Members would be free to adopt measures
different from those in Part B of the Code so long as the obligations
set out elsewhere in the instrument were respected. Any State
Member which decided to implement the measures and procedures
set out in Part B of the Code would be presumed to have properly
implemented the corresponding provisions of the binding parts of
the instrument. A Member which chose to employ other measures
and procedures would, if necessary, and particularly where the
Member’s application of the Convention was questioned in the
supervisory machinery, have to provide justification that the
measures taken by it did indeed enable it to properly implement the
binding provisions concerned.

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Appendix 2:

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