ILO Conventions –

ILO 147 and ILO 134

 What is ILO?

 How is it unique from other specialised

agencies of UN?

 What has been the main role of ILO?

 ILO Conventions –
ILO 147 and ILO 134
 What is International Labour Standards (ILS)?

 What form does ILS take?

 The benefits of ILS are:

• A path to decent work

• A level playing field
• A means of important economic performance
• The sum of international experience and knowledge
 ILO Conventions –
ILO 147 and ILO 134
 What is the difference between a Convention and a
Recommendation?

 How is a Convention treated by a State if not ratified?

 How is ILS created?

 The ILS is used as:

• Model for domestic labour policy and law

• Develops roles and responsibilities for employers and labour
organisations
 ILO Conventions –
ILO 147 and ILO 134
What is ILO 147?

 The Merchant Shipping (Minimum Standards) Convention,

1976 (No. 147), constitute the central statement by the
International Labour Conference of what may be regarded as
the minimum internationally acceptable labour standards in
merchant ships

 It entered into force on 28 November 1981

 India is party to ILO 147

 ILO Conventions –
ILO 147 and ILO 134
What are the three basic areas that ILO 147
addresses?

1. Safety standards including standards of

competency, hours of work and manning,
2.
Appropriate social security measures, and
3.
Shipboard conditions of employment and
shipboard living arrangements
 ILO Conventions –
ILO 147 and ILO 134
 It serves as an “umbrella” convention to 15 other
convention that form part of its 1 Appendix

 There are 12 Articles and 1 Appendix

 It aims to improve the efficiency and safety of

navigation, enhance measures to protect the marine
environment and advance seafarers' interests in the
fields of health and safety, working conditions and
trade union rights
 ILO Conventions –
ILO 147 and ILO 134
ILO 147 applies to every seagoing vessel of a flag state and every
foreign vessel operating in its waters, whether publicly or
privately owned, which is engaged in the transport of cargo or
passengers for the purpose of trade or is employed for any
other commercial purpose, except:

 Ships primarily propelled by sail, whether or not they are fitted

with auxiliary engines;
 Ships engaged in fishing or similar pursuits, including fish
processing vessels of not more than 5000 GT and fish tender
vessels of not more than 500 GT;
 Un-inspected vessels including tugboats of less than 300 GT; and
 Vessels such as oilrigs and drilling platforms when not engaged in
navigation
 ILO Conventions –
ILO 147 and ILO 134
What is the Role of Flag States?

ILO 147 requires the flag State to adopt minimum standards

relating to safety, social security, and shipboard conditions of
employment and living arrangements to be observed in
merchant shipping registered under any flag, and refer to a
number of other ILO Conventions in its appendix

These Conventions cover:

minimum age, medical examination, articles of agreement,

officers' competency certificates, food and catering on board
ship, crew accommodation, prevention of occupational
accidents, sickness or injury benefits and, repatriation
 ILO Conventions –
ILO 147 and ILO 134
What is the Role of Flag States?

The substantive obligations on States which are parties

to ILO 147 are set out in Article 2

Article 2 requires that ratifying States have laws or

regulations laying down, for ships registered in their
territory provisions which are "substantially
equivalent" to that of the Convention
 ILO Conventions –
ILO 147 and ILO 134
What is the Role of Flag States?

To exercise effective jurisdiction or control over ships, which are

registered in their territory as regards:

 Safety standards, including standards of competency, hours of

work and manning, prescribed by national laws or regulations
 Social security measures prescribed by national laws or
regulations; and
 Shipboard conditions of employment and shipboard living
arrangements prescribed by national laws or regulations, or
laid down by competent courts in a manner equally binding
on ship-owners and seafarers.
 ILO Conventions –
ILO 147 and ILO 134
What is the Role of Flag States?

Ratifying flag States must ensure that the

competent authority verifies, by inspection or
other appropriate means, that nationally
registered ships comply with national laws
and regulations which apply the standards
prescribed by the Convention
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

The role is stipulated in Article 4 of the Convention

 The port State control provisions of ILO 147 (Article 4)

provide that a ratifying State may, on the basis of a complaint
or evidence that a ship does not conform to the standards of
the Convention, inspect any foreign ship calling at its ports
 This is regardless of whether the flag State has ratified ILO
147.
 This is an innovation because, prior to the adoption of ILO
147, international rules had almost solely been concerned
with the condition of vessels in relation to any threat they
might pose to safety and the external environment
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

 The adoption of ILO 147 in 1976 has widened the

scope of international shipping regulations

 Earlier, the Port States refrained from intervening in

the internal affairs of ships, such as crew conditions,
except as regards safety
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

Inspection conducted based upon:

 Act on a complaint
 Act on its own evidence

Post inspection, based on its findings:

 Report to the Flag State
 Report to the nearest diplomatic representative of the Flag
State
 Director-General of ILO Labour Office
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

The PSC inspector will investigate complaints and associated evidence of

deficiencies relating to:

(a) Minimum age requirements;

(b) Medical examinations of the crew;
(c) Accident prevention and occupational safety and health;
(d) Crew accommodations;
(e) Hospital space;
(f) Food and catering; and,
(g) Minimum manning standards and certification. (Considering relevant Port
State Guidance relating to SOLAS and STCW.)
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

The PSC inspector will investigate complaints and associated

evidence of deficiencies relating to:

The following types of deficiencies should be forwarded to the

DOL for appropriate action:

(a) Seaman’s' articles of agreement;

(b) Liability for sick or injured seamen;
(c) Repatriation of seamen;
(d) Freedom of association
(e) Protection of the right to organize; and,
(f) Collective bargaining.
 ILO Conventions –
ILO 147 and ILO 134
What is the role of Port State Control (PSC)?

Control action for vessels whose flag

administrations are party to ILO 147

Control action for vessels whose flag

administrations are NOT party to ILO 147
 ILO Conventions –
ILO 147 and ILO 134
What is ILO 134?

 Deals with occupational safety on board merchant ships and

prevention of accidents on board

 Responsibility of the flag State to ensure that the ship owner

has policies in place to ensure that prevention of occupational
accidents is considered paramount by the seafarers serving on
board

 The convention entered into force in 1973 and has 18 Articles

 India is NOT a party to the Convention

 ILO Conventions –
ILO 147 and ILO 134
What is “Occupational accident”?

Responsibility of the flag State to cover:

(a) general and basic provisions;

(b) structural features of the ship;
(c) machinery;
(d) special safety measures on and below deck;
(e) loading and unloading equipment;
(f) fire prevention and fire-fighting;
(g) anchors, chains and lines;
(h) dangerous cargo and ballast;
(i) personal protective equipment for seafarers.
 ILO Conventions –
ILO 147 and ILO 134
Subjects therefore, to be investigated in pursuance of
implantation of the Convention, 1970, might include:

(a) Working environment, such as working surfaces, layout of

machinery and means of access and lighting, and methods of
work;
(b) Incidence of accidents in different age groups;
(c) Special physiological or psychological problems created by
the shipboard environment;
(d) Problems arising from physical stress on board ship, in
particular as consequence of increased workload;
(e) Problems arising from and effects of technical developments
and their influence on the composition of crews;
(f) Problems arising from any human failures such as
carelessness.
 ILO Conventions –
ILO 147 and ILO 134
Role of the employer (for example):

To ensure compliance with the requirement that machinery in

use is properly guarded, and its use without appropriate
guards prevented, rests on the employer,

Obligation of the seafarer (for example):

While there is an obligation on the worker not to use machinery

without the guards being in position nor to make inoperative
the guards provided
 ILO Conventions –
ILO 147 and ILO 134
Further responsibilities of the flag State:

The preparation of accident prevention provisions,

rules and manuals;
(b) The organisation of accident prevention training
and programmes;
(c) The organisation of accident prevention publicity,
including films, posters, notices and brochures;
(d) The distribution of accident prevention literature
and information so that it reaches seafarers on board
ship.
 ILO Conventions –
ILO 147 and ILO 134
Flag to also ensure, that on its vessels:

There is a continuous accident prevention publicity. Such publicity

might take the following forms:

(a) Instructional films, film strips and shorts, for use in vocational
training centres for seafarers and where possible in film
programmes screened on board ship;
(b) Display of safety posters on board ship;
(c) Inclusion of articles on hazards of maritime employment and
accident prevention measures in periodicals read by seafarers;
(d) Special campaigns, during which various media of publicity are
used to instruct seafarers in accident prevention and safe working
practices.
(3) The publicity should take into account that there are often seafarers
of different nationalities, languages and habits on board ship.
 ILO Conventions –
ILO 147 and ILO 134
Finally, the flag States should further have regard for:

International co-operation in the continuous promotion of action for the

prevention of occupational accidents

(a) Bilateral or multilateral arrangements for uniformity in accident

prevention standards and safeguards;
(b) Exchange of information on particular hazards affecting seafarers and on
means of preventing accidents;
(c) Assistance in testing of equipment and inspection according to the
national regulations of the country of registration of the ship;
(d) Collaboration in the preparation and dissemination of accident prevention
provisions, rules or manuals;
(e) Collaboration in the production and use of training aids;
(f) Joint facilities for or mutual assistance in the training of seafarers in
accident prevention and safe working practices.
 ILO Conventions –
ILO 147 and ILO 134
Checklist for ILO 134 and 1LO 147

The Engine room and other machinery spaces

The food and catering areas

The machinery fitted with protective devices (guards) as

considered necessary

The windlass and mooring winches in good order

The accommodation ladder in good working order and

considered safe for use