1 This explanatory note, which does not form part
of the Maritime Labour Convention, is intended as a general guide
to the Convention.
2 The Convention comprises three different but
related parts: the Articles, the Regulations and the Code.
3 The Articles and Regulations set out the core
rights and principles and the basic obligations of Members ratifying
the Convention. The Articles and Regulations can only be changed by
the Conference in the framework of article 19 of the Constitution
of the International Labour Organisation (see Article
XIV of the Convention).
4 The Code contains the details for the implementation
of the Regulations. It comprises Part A (mandatory Standards) and
Part B (non-mandatory Guidelines). The Code can be amended through
the simplified procedure set out in Article
XV of the Convention. Since the Code relates to detailed implementation,
amendments to it must remain within the general scope of the Articles
and Regulations.
5 The Regulations and the Code are organized into
general areas under five Titles:
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
|
6 Each Title contains groups of provisions relating
to a particular right or principle (or enforcement measure in Title 5), with connected numbering. The first
group in Title 1, for example, consists
of Regulation 1.1, Standard A1.1 and
Guideline B1.1, relating to minimum age.
7 The Convention has three underlying purposes:
-
(a) to lay down, in its Articles and Regulations,
a firm set of rights and principles;
-
(b) to allow, through the Code, a considerable
degree of flexibility in the way Members implement those rights and
principles; and
-
(c) to ensure, through Title
5, that the rights and principles are properly complied with
and enforced.
8 There are two main areas for flexibility in
implementation: one is the possibility for a Member, where necessary
(see Article VI, paragraph 3), to give
effect to the detailed requirements of Part A of the Code through
substantial equivalence (as defined in Article
VI, paragraph 4).
9 The second area of flexibility in implementation
is provided by formulating the mandatory requirements of many provisions
in Part A in a more general way, thus leaving a wider scope for discretion
as to the precise action to be provided for at the national level.
In such cases, guidance on implementation is given in the non-mandatory
Part B of the Code. In this way, Members which have ratified this
Convention can ascertain the kind of action that might be expected
of them under the corresponding general obligation in Part A, as well
as action that would not necessarily be required. For example, Standard
A4.1 requires all ships to provide prompt access to the necessary
medicines for medical care on board ship (paragraph 1(b)) and to “carry
a medicine chest” (paragraph 4(a)). The fulfilment in good faith
of this latter obligation clearly means something more than simply
having a medicine chest on board each ship. A more precise indication
of what is involved is provided in the corresponding Guideline B4.1.1
(paragraph 4) so as to ensure that the contents of the chest are properly
stored, used and maintained.
10 Members which have ratified this Convention
are not bound by the guidance concerned and, as indicated in the provisions
in Title 5 on port State control, inspections would deal only with
the relevant requirements of this Convention (Articles, Regulations
and the Standards in Part A). However, Members are required under
paragraph 2 of Article VI to give due
consideration to implementing their responsibilities under Part A
of the Code in the manner provided for in Part B. If, having duly
considered the relevant Guidelines, a Member decides to provide for
different arrangements which ensure the proper storage, use and maintenance
of the contents of the medicine chest, to take the example given above,
as required by the Standard in Part A, then that is acceptable. On
the other hand, 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.