Noor Apandi Osnin Noor Apandi Osnin Centre for Ocean Law and Policy, MIMACentre for Ocean Law and Policy, MIMASHIP SUPERINTENDENCY INTENSIVE COURSE (SSIC) SHIP SUPERINTENDENCY INTENSIVE COURSE (SSIC) 10 10 –– 12 JANUARY 2005 12 JANUARY 2005 ARMADA HOTEL, PETALING JAYAARMADA HOTEL, PETALING JAYA

Maritime Conventions,Maritime Conventions,Rules & RegulationsRules & Regulations

Objective & ScopeObjective & Scope

To equip participants with knowledge on To equip participants with knowledge on international maritime conventions, rules international maritime conventions, rules and regulations governing merchant and regulations governing merchant shipping.shipping.Introduction to IMO, its processes and Introduction to IMO, its processes and outputs; list of major international outputs; list of major international convention; list of relevant legislation.convention; list of relevant legislation.

DefinitionDefinitionCONVENTION CONVENTION -- a formal meeting of members, a formal meeting of members, representatives, or delegates, as of a political party, representatives, or delegates, as of a political party, fraternal society, profession, or industry;fraternal society, profession, or industry;PROTOCOL PROTOCOL -- The forms of ceremony and etiquette The forms of ceremony and etiquette observed by diplomats and heads of state. b. A code of observed by diplomats and heads of state. b. A code of correct conduct: correct conduct: safety safety protocolsprotocols; academic ; academic protocol;protocol;CODE CODE -- A systematically arranged and comprehensive A systematically arranged and comprehensive collection of laws;collection of laws;RATIFICATION RATIFICATION -- To approve and give formal sanction To approve and give formal sanction to; confirm;to; confirm;ACCESSION ACCESSION –– the act to become a party to a treaty the act to become a party to a treaty which it did not sign while it was open for ratification.which it did not sign while it was open for ratification.

INTERNATIONAL LAWINTERNATIONAL LAW

International law International law –– system of law system of law governing relations between states as well governing relations between states as well as other international entities;as other international entities;Based on customary law:Based on customary law:

Emanates from state practice i.e. legislation, Emanates from state practice i.e. legislation, factual acts, judicial decisionsfactual acts, judicial decisions

and treaties:and treaties:Agreement between 2 or more parties Agreement between 2 or more parties intended to create legal relations.intended to create legal relations.

UNCLOSUNCLOSLays down a comprehensive regime of law and Lays down a comprehensive regime of law and order in the world's oceans and seas establishing order in the world's oceans and seas establishing rules governing all uses of the oceans and their rules governing all uses of the oceans and their resources. It enshrines the notion that all resources. It enshrines the notion that all problems of ocean space are closely interrelated problems of ocean space are closely interrelated and need to be addressed as a whole;and need to be addressed as a whole;It took more than 14 years of work involving It took more than 14 years of work involving participation by more than 150 countries participation by more than 150 countries representing all regions of the world, all legal representing all regions of the world, all legal and political systems and the spectrum of and political systems and the spectrum of socio/economic development. socio/economic development.

UNCLOSUNCLOS

Open for signature on 10 December 1982 in Open for signature on 10 December 1982 in Montego Bay, Jamaica and enters into force on Montego Bay, Jamaica and enters into force on 16 November 1994 after 60 ratification;16 November 1994 after 60 ratification;320 articles with 9 Annexes;320 articles with 9 Annexes;There are 146 ratification as at 16 November There are 146 ratification as at 16 November 2004;2004;Malaysia ratified UNCLOS in October 1996.Malaysia ratified UNCLOS in October 1996.

http://www.un.org/Depts/los/index.htmhttp://www.un.org/Depts/los/index.htm

UNCLOS coversUNCLOS covers……

Maritime zones:Maritime zones:Baselines;Baselines;Internal waters;Internal waters;Territorial seas;Territorial seas;Contiguous zones;Contiguous zones;Straits used for international navigation;Straits used for international navigation;EEZ;EEZ;Continental shelf;Continental shelf;High seas.High seas.

Rights and obligationsRights and obligations

Arts. 17 Arts. 17 –– 32: Of innocent passage 32: Of innocent passage through territorial sea;through territorial sea;Art. 19: Meaning of innocent passage Art. 19: Meaning of innocent passage ––innocent so long as it is not prejudicial to innocent so long as it is not prejudicial to peace, good order or security of coastal peace, good order or security of coastal states;states;Art. 25: Coastal states can take necessary Art. 25: Coastal states can take necessary steps to prevent passage which is not steps to prevent passage which is not innocent.innocent.

Passages which are not innocentPassages which are not innocent

Any threat or use of force against sovereignty;Any threat or use of force against sovereignty;Any exercise or practice with weapons;Any exercise or practice with weapons;Collecting information to prejudice security;Collecting information to prejudice security;Any act of propaganda;Any act of propaganda;Act resulting in pollution;Act resulting in pollution;Interfering with communication system or shore Interfering with communication system or shore installations;installations;Any other activity not having direct bearing on Any other activity not having direct bearing on passage.passage.

Relevant ArticlesRelevant ArticlesArts. 34 Arts. 34 –– 44: Straits used for international 44: Straits used for international navigation and transit passage;navigation and transit passage;Arts. 52 Arts. 52 –– 54: Rights of innocent & archipelagic 54: Rights of innocent & archipelagic passage, duties of foreign ships and aircraft;passage, duties of foreign ships and aircraft;Art. 73: Rights of coastal states to board, Art. 73: Rights of coastal states to board, inspect, arrest and enforce judicial proceedings;inspect, arrest and enforce judicial proceedings;Art. 87: Freedom of high seas;Art. 87: Freedom of high seas;Art. 100: Duty to cooperate in repression of Art. 100: Duty to cooperate in repression of piracy;piracy;Arts. 105 Arts. 105 –– 106: Seizure of pirate ship and 106: Seizure of pirate ship and liability for seizure without adequate grounds.liability for seizure without adequate grounds.

Other UN conventionOther UN convention

The Basle Convention on the Control of The Basle Convention on the Control of the Transboundary Movement of the Transboundary Movement of Hazardous Waste and their Disposal, Hazardous Waste and their Disposal, 1989 (ratified, 12 August 1993); and1989 (ratified, 12 August 1993); andThe Minimum Age (Sea) Convention, The Minimum Age (Sea) Convention, 1920 (ratified, 3 March 1964)1920 (ratified, 3 March 1964)

International Maritime OrganisationInternational Maritime Organisation

Safe, secure and efficient shipping on Safe, secure and efficient shipping on clean oceans.clean oceans.……is the United Nations specialized agency is the United Nations specialized agency responsible for improving maritime safety responsible for improving maritime safety and preventing pollution from shipsand preventing pollution from ships……also also committed to technical cooperation.committed to technical cooperation.

IMOIMO

A specialized technical UN agency A specialized technical UN agency established in 1948 to oversee (merchant) established in 1948 to oversee (merchant) maritime matters;maritime matters;Works through conventions, protocols, Works through conventions, protocols, codes and recommendations;codes and recommendations;Primarily on maritime safety, prevention of Primarily on maritime safety, prevention of pollution and lately on maritime security;pollution and lately on maritime security;163 member states, 36 IGO & 61 NGO 163 member states, 36 IGO & 61 NGO ––only member states have voting rights.only member states have voting rights.

Structure of IMOStructure of IMOASSEMBLY

FAL

COUNCIL

TCC

SECRETARIAT

MSC LEGALMEPC

Sub Committees – BLG, DSC, FP, COMSAR, NAV, DE, SLF, STW & FSI

AssemblyAssemblyHighest governing body;Highest governing body;Consists of all member states and meets every 2 Consists of all member states and meets every 2 years also in extraordinary sessions;years also in extraordinary sessions;Responsible for work programme, voting for Responsible for work programme, voting for budget & financial arrangements;budget & financial arrangements;Elects council members.Elects council members.Presided by Secretary General Presided by Secretary General –– Mr. Efthimios Mr. Efthimios Mitropoulous of Greece. 4 year term beginning 1 Mitropoulous of Greece. 4 year term beginning 1 January 2004.January 2004.

CouncilCouncil

Elected by Assembly for 2 year terms;Elected by Assembly for 2 year terms;Coordinate activities of IMO;Coordinate activities of IMO;Consider work programme and budget;Consider work programme and budget;Comments & recommend reports & Comments & recommend reports & proposals of Committees;proposals of Committees;Appoint Secretary General;Appoint Secretary General;Manage relationship with other Manage relationship with other organisation.organisation.

Council membersCouncil members

10 states with largest interest in shipping 10 states with largest interest in shipping services;services;10 states with largest interest in seaborne 10 states with largest interest in seaborne trade;trade;20 states excluding the above and 20 states excluding the above and representing all major geographic areas of representing all major geographic areas of the world with special interest in transport the world with special interest in transport and navigation.and navigation.

Council members 2004/05Council members 2004/05

Algeria, Australia, Algeria, Australia, Bahamas, Chile, Bahamas, Chile, Cyprus, Denmark, Cyprus, Denmark, Egypt, Ghana, Egypt, Ghana, Indonesia, Malta, Indonesia, Malta, Mexico, Nigeria, Mexico, Nigeria, Philippines, Philippines, Poland, Portugal, Poland, Portugal, Saudi Arabia, Saudi Arabia, Singapore, South Singapore, South Africa, Turkey, Africa, Turkey, Venezuela.Venezuela.

Argentina, Argentina, Bangladesh, Bangladesh, Brazil, Canada, Brazil, Canada, France, France, Germany, India, Germany, India, Netherlands, Netherlands, Spain, Sweden.Spain, Sweden.

China, Greece, China, Greece, Italy, Japan, Italy, Japan, Norway, Norway, Panama, Korea, Panama, Korea, Russia, UK, US.Russia, UK, US.

OthersOthersTradersTradersShipShip--ownersowners

Maritime Safety Committee (MSC)Maritime Safety Committee (MSC)

Highest technical body in IMO;Highest technical body in IMO;Consider matters concerning navigation, Consider matters concerning navigation, construction, equipment etc.;construction, equipment etc.;Provides recommendations and guidelines Provides recommendations and guidelines relating to safety;relating to safety;Considers amendments to conventions i.e. Considers amendments to conventions i.e. SOLAS.SOLAS.

Marine Environment Protection Marine Environment Protection Committee (MEPC)Committee (MEPC)

Prevention and control of pollution from Prevention and control of pollution from ships;ships;Adoption and amendment of conventions Adoption and amendment of conventions i.e. MARPOL.i.e. MARPOL.

SubSub--CommitteesCommitteesTo assist MSC & MEPC;To assist MSC & MEPC;

Bulk liquids and gases (BLG);Bulk liquids and gases (BLG);Carriage of Dangerous Goods, Solid Cargoes & Carriage of Dangerous Goods, Solid Cargoes & Containers (DSC);Containers (DSC);Fire protection (FP);Fire protection (FP);Radio communications and search and rescue Radio communications and search and rescue (COMSAR);(COMSAR);Safety of navigation (NAV);Safety of navigation (NAV);Ship design and equipment (DE);Ship design and equipment (DE);Stability and load lines and fishing vessel safety Stability and load lines and fishing vessel safety (SLF);(SLF);Standards of training and watch keeping (STW);Standards of training and watch keeping (STW);Flag state implementation (FSI).Flag state implementation (FSI).

Legal Committee (LEG)Legal Committee (LEG)

Established in 1967 as a subsidiary body Established in 1967 as a subsidiary body as an aftermath of the Torrey Canyon as an aftermath of the Torrey Canyon disaster;disaster;Deal with all legal matters.Deal with all legal matters.

Technical Cooperation Committee Technical Cooperation Committee (TCC)(TCC)

Implement technical cooperation projects;Implement technical cooperation projects;Act as executing agencies in IMOAct as executing agencies in IMO’’s s technical cooperation activities.technical cooperation activities.

Facilitation Committee (FAL)Facilitation Committee (FAL)

Established in 1972;Established in 1972;To eliminate unnecessary formalities and To eliminate unnecessary formalities and red tape in international shipping;red tape in international shipping;This committee has still not been This committee has still not been institutionalized and therefore is not on institutionalized and therefore is not on the same standing as other Committees.the same standing as other Committees.

SecretariatSecretariat

The work of IMO is assisted by the The work of IMO is assisted by the secretariat;secretariat;Headed by the Secretary General and Headed by the Secretary General and supported by about 300 staff.supported by about 300 staff.

BudgetBudget

Contributions to IMO budget are based on Contributions to IMO budget are based on a unique formula;a unique formula;Member states pay based on the tonnage Member states pay based on the tonnage of its merchant fleet;of its merchant fleet;Panama is highest contributor in 2003 Panama is highest contributor in 2003 paying paying ££3,715,464.3,715,464.

The ProcessThe Process1.1. Issue submitted to Secretariat;Issue submitted to Secretariat;2.2. Tabled at appropriate forum i.e. MSC for security Tabled at appropriate forum i.e. MSC for security

issue;issue;3.3. Agree for inclusion as agenda item Agree for inclusion as agenda item –– pass to subpass to sub--

committee;committee;4.4. Draft instrument produced, discussed and agreed Draft instrument produced, discussed and agreed

upon and passed to council;upon and passed to council;5.5. Adopted by Assembly based on recommendation by Adopted by Assembly based on recommendation by

council;council;6.6. Deposited to Sec. Gen. for acceptance, ratification or Deposited to Sec. Gen. for acceptance, ratification or

accession;accession;7.7. Member state implement, IMO will keep up to date Member state implement, IMO will keep up to date

and promote ratification.and promote ratification.

Sample proceedingsSample proceedingsMSC Nov. 2001

ISWG Feb. 2002

ISWG Sept. 2002

MSC Mar. 2002

MSC Sept. 2002

Diplomatic Conference Dec. 2002

Extraordinary session following September 11 disaster, IMO agree to develop measures relating to security of ships and port facilities.

First meeting of the MSC Intercessional working group on maritime security.

Ad hoc working group established to develop proposals by the ISWG.

Further development of proposals.

Final version of the proposed texts considered and agreed.

Adoption of amendments to SOLAS which includes AIS acceleration, Ships ID number, CSR and the ISPS Code.

Maritime SafetyMaritime Safety1.International Convention for the Safety of Life at Sea (1.International Convention for the Safety of Life at Sea (SOLASSOLAS), 1974), 19742.International Convention on 2.International Convention on Load LinesLoad Lines (LL), 1966(LL), 19663.3.Special Trade Passenger ShipsSpecial Trade Passenger Ships Agreement (STP), 1971Agreement (STP), 19714.4.Protocol on Space RequirementProtocol on Space Requirements for Special Trade Passenger Ships, 1973s for Special Trade Passenger Ships, 19735. Convention on the International Regulations for Preventing Co5. Convention on the International Regulations for Preventing Collisions at llisions at

Sea (Sea (COLREGCOLREG), 1972), 19726.International Convention for 6.International Convention for Safe ContainersSafe Containers (CSC), 1972(CSC), 19727.Convention on the International Maritime Satellite Organizatio7.Convention on the International Maritime Satellite Organization n

((INMARSATINMARSAT), 1976 ), 1976 8.The Torremolinos International Convention for the 8.The Torremolinos International Convention for the Safety of Safety of

Fishing Fishing VesselsVessels (SFV), 1977 (SFV), 1977 9.International Convention on Standards of Training, Certificati9.International Convention on Standards of Training, Certification and on and

Watchkeeping for Seafarers (Watchkeeping for Seafarers (STCWSTCW), 1978), 197810.International Convention on Standards of Training, Certificat10.International Convention on Standards of Training, Certification and ion and

Watchkeeping for Fishing Vessel Personnel (Watchkeeping for Fishing Vessel Personnel (STCWSTCW--FF), 1995), 199511.International Convention on Maritime 11.International Convention on Maritime Search and RescueSearch and Rescue (SAR), 1979(SAR), 1979

Marine PollutionMarine Pollution12.International Convention for the Prevention of Pollution from12.International Convention for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol of 1978 relating Ships, 1973, as modified by the Protocol of 1978 relating thereto (thereto (MARPOL 73/78MARPOL 73/78))

13.International Convention Relating to Intervention on the High13.International Convention Relating to Intervention on the HighSeas in Cases of Oil Pollution Casualties (Seas in Cases of Oil Pollution Casualties (INTERVENTIONINTERVENTION), ), 19691969

14.Convention on the Prevention of Marine Pollution by 14.Convention on the Prevention of Marine Pollution by Dumping of Dumping of Wastes and Other MatterWastes and Other Matter (LDC), 1972(LDC), 1972

15.International Convention on Oil Pollution Preparedness, 15.International Convention on Oil Pollution Preparedness, Response and CoResponse and Co--operation (operation (OPRCOPRC), 1990), 1990

16.Protocol on Preparedness, Response and Co16.Protocol on Preparedness, Response and Co--operation to operation to pollution Incidents by Hazardous and Noxious Substances, pollution Incidents by Hazardous and Noxious Substances, 2000 (2000 (HNS ProtocolHNS Protocol))

17.International Convention on the Control of Harmful 17.International Convention on the Control of Harmful AntiAnti--fouling fouling Systems on ShipsSystems on Ships (AFS), 2001(AFS), 2001

18.International Convention for the 18.International Convention for the Control and Management of Control and Management of Ships' Ballast Water and SedimentsShips' Ballast Water and Sediments, 2004, 2004

Liability and compensationLiability and compensation19.International Convention on 19.International Convention on Civil Liability for Oil Pollution Civil Liability for Oil Pollution

DamageDamage (CLC), 1969(CLC), 196920.International Convention on the Establishment of an 20.International Convention on the Establishment of an

International Fund for Compensation for Oil Pollution Damage International Fund for Compensation for Oil Pollution Damage ((FUNDFUND), 1971), 1971

21.Convention relating to Civil Liability in the Field of Mariti21.Convention relating to Civil Liability in the Field of Maritime me Carriage of Nuclear Material (Carriage of Nuclear Material (NUCLEARNUCLEAR), 1971), 1971

22.Athens Convention relating to the Carriage of Passengers and 22.Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (their Luggage by Sea (PALPAL), 1974), 1974

23.Convention on Limitation of Liability for Maritime Claims (23.Convention on Limitation of Liability for Maritime Claims (LLMCLLMC), ), 19761976

24.International Convention on Liability and Compensation for 24.International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (Noxious Substances by Sea (HNSHNS), 1996), 1996

25.International Convention on Civil Liability for 25.International Convention on Civil Liability for Bunker Oil Pollution Bunker Oil Pollution DamageDamage, 2001 , 2001

Other subjectsOther subjects26.Convention on Facilitation of International 26.Convention on Facilitation of International

Maritime Traffic (Maritime Traffic (FALFAL), 1965), 196527.International Convention on Tonnage 27.International Convention on Tonnage

Measurement of Ships (Measurement of Ships (TONNAGETONNAGE), 1969), 196928.Convention for the Suppression of Unlawful 28.Convention for the Suppression of Unlawful

Acts Against the Safety of Maritime Acts Against the Safety of Maritime Navigation (Navigation (SUASUA), 1988), 1988

29.International Convention on Salvage 29.International Convention on Salvage ((SALVAGESALVAGE), 1989 ), 1989

30.Under development 30.Under development –– Wreck Removal (WRC) Wreck Removal (WRC) Convention.Convention.

Malaysia & IMOMalaysia & IMO

Member since 17 June 1971;Member since 17 June 1971;Annual contributions based on UN Annual contributions based on UN formula, in 2003 formula, in 2003 ££163,189.00 (RM1m);163,189.00 (RM1m);Secretary General, MOT = Focal Point;Secretary General, MOT = Focal Point;MARDEP = Implementing Agency;MARDEP = Implementing Agency;Submission with inputs from industry and Submission with inputs from industry and interested partiesinterested parties……

Malaysia is party toMalaysia is party to……IMO 48 IMO 48 --The Geneva conference opened in February 1948 and on 6 The Geneva conference opened in February 1948 and on 6 March 1948 the Convention establishing the InterMarch 1948 the Convention establishing the Inter--Governmental Governmental Maritime Consultative Organization (IMCO) was adopted;Maritime Consultative Organization (IMCO) was adopted;SOLAS 74 & Protocol 78 SOLAS 74 & Protocol 78 -- The SOLAS Convention in its successive forms The SOLAS Convention in its successive forms is generally regarded as the most important of all internationalis generally regarded as the most important of all international treaties treaties concerning the safety of merchant ships. The first version was aconcerning the safety of merchant ships. The first version was adopted dopted in 1914, in response to the Titanic disaster, the second in 1929in 1914, in response to the Titanic disaster, the second in 1929, the , the third in 1948 and the fourth in 1960;third in 1948 and the fourth in 1960;Load Line 66 Load Line 66 -- It has long been recognized that limitations on the It has long been recognized that limitations on the draught to which a ship may be loaded make a significant contribdraught to which a ship may be loaded make a significant contribution ution to her safety. These limits are given in the form of freeboards,to her safety. These limits are given in the form of freeboards, which which constitute, besides external weathertight and watertight integriconstitute, besides external weathertight and watertight integrity, the ty, the main objective of the Convention ;main objective of the Convention ;Tonnage 69 Tonnage 69 -- adopted by IMO in 1969, was the first successful attempt adopted by IMO in 1969, was the first successful attempt to introduce a universal tonnage measurement system. The Conventto introduce a universal tonnage measurement system. The Convention ion provides for gross and net tonnages, both of which are calculateprovides for gross and net tonnages, both of which are calculated d independently;independently;

……continuecontinue……COLREG 72 COLREG 72 --The 1972 Convention was designed to update and replace The 1972 Convention was designed to update and replace the Collision Regulations of 1960 which were adopted at the samethe Collision Regulations of 1960 which were adopted at the same time time as the 1960 SOLAS Convention ;as the 1960 SOLAS Convention ;STCW 78 STCW 78 -- The 1978 STCW Convention was the first to establish basic The 1978 STCW Convention was the first to establish basic requirements on training, certification and watchkeeping for searequirements on training, certification and watchkeeping for seafarers on farers on an international level. Previously the standards of training, cean international level. Previously the standards of training, certification rtification and watchkeeping of officers and ratings were established by indand watchkeeping of officers and ratings were established by individual ividual governments, usually without reference to practices in other cougovernments, usually without reference to practices in other countries. ntries. As a result standards and procedures varied widely, even though As a result standards and procedures varied widely, even though shipping is the most international of all industries;shipping is the most international of all industries;INMARSAT 76 INMARSAT 76 -- IMO recognized the potential for satellite IMO recognized the potential for satellite communications to assist in distress situations at sea soon aftecommunications to assist in distress situations at sea soon after the r the launch of the world's first telecommunications satellite, Telstalaunch of the world's first telecommunications satellite, Telstar, in 1962;r, in 1962;MARPOL 73/78, Annexes I, II & V MARPOL 73/78, Annexes I, II & V -- The MARPOL Convention is the main The MARPOL Convention is the main international convention covering prevention of pollution of theinternational convention covering prevention of pollution of the marine marine environment by ships from operational or accidental causes. It ienvironment by ships from operational or accidental causes. It is a s a combination of two treaties adopted in 1973 and 1978 respectivelcombination of two treaties adopted in 1973 and 1978 respectively and y and updated by amendments through the years ;updated by amendments through the years ;

……continue.continue.CLC69/FUND71 CLC69/FUND71 –– instrument of accession for CLC/FUND 92 instrument of accession for CLC/FUND 92 --The The Civil Liability Convention covers those who suffer oil pollutionCivil Liability Convention covers those who suffer oil pollutiondamage resulting from maritime casualties involving oildamage resulting from maritime casualties involving oil--carrying carrying ships. The Convention places the liability for such damage on ships. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or the owner of the ship from which the polluting oil escaped or was discharged. The Convention establishes a Fund for providing was discharged. The Convention establishes a Fund for providing compensation for oil pollution incidents beyond that provided focompensation for oil pollution incidents beyond that provided for r by the CLC Convention. ;by the CLC Convention. ;OPRC 90 OPRC 90 -- In July 1989, a conference of leading industrial In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop further measures to nations in Paris called upon IMO to develop further measures to prevent pollution from ships. This call was endorsed by the IMO prevent pollution from ships. This call was endorsed by the IMO Assembly in November of the same year and work began on a Assembly in November of the same year and work began on a draft convention aimed at providing a global framework for draft convention aimed at providing a global framework for international cointernational co--operation in combating major incidents or operation in combating major incidents or threats of marine pollution .threats of marine pollution .

MSC 79MSC 79

IMO, 4, Albert Embankment, London. 01 IMO, 4, Albert Embankment, London. 01 ––11 November 2004;11 November 2004;Attended by 107 member states and 9 Attended by 107 member states and 9 IGOIGO’’s & 38 NGOs & 38 NGO’’s;s;Held over 10 days with 26 agenda items Held over 10 days with 26 agenda items and 3 working groups;and 3 working groups;

Highlights of MSC 79Highlights of MSC 79

Focus on Malacca Straits Focus on Malacca Straits –– safety, security safety, security & environmental aspects;& environmental aspects;Execution/implementation of MEH;Execution/implementation of MEH;Shortage & ageing seafarers;Shortage & ageing seafarers;Escalating violence of piracy;Escalating violence of piracy;Fine tuning of the ISPS Code;Fine tuning of the ISPS Code;

New rulesNew rules……

Passenger ship safety;Passenger ship safety;Goal based construction standards;Goal based construction standards;Long range identification and tracking;Long range identification and tracking;Unique company ID requirements Unique company ID requirements ––currently voluntary;currently voluntary;FSA in casualty analysis and risk FSA in casualty analysis and risk evaluation;evaluation;Various amendments to mandatory Various amendments to mandatory instruments.instruments.

Tacit AcceptanceTacit Acceptance

Amendments requires 2/3 of states to Amendments requires 2/3 of states to declare acceptance;declare acceptance;Results in delays Results in delays –– alternative procedure alternative procedure introduced;introduced;Amendments are deemed to be accepted Amendments are deemed to be accepted 2 years after it has been communicated to 2 years after it has been communicated to members unless 1/3 of states objected;members unless 1/3 of states objected;Agreement is now automaticAgreement is now automatic……..

ILOILOThe International Labor Organization is the UN The International Labor Organization is the UN specialized agency which seeks the promotion of social specialized agency which seeks the promotion of social justice and internationally recognized human and labor justice and internationally recognized human and labor rights. It was founded in 1919 and is the only surviving rights. It was founded in 1919 and is the only surviving major creation of the Treaty of Versailles which brought major creation of the Treaty of Versailles which brought the League of Nations into being and it became the first the League of Nations into being and it became the first specialized agency of the UN in 1946. specialized agency of the UN in 1946. It promotes the development of independent employers' It promotes the development of independent employers' and workers' organizations and provides training and and workers' organizations and provides training and advisory services to those organizations. Within the UN advisory services to those organizations. Within the UN system, the ILO has a unique tripartite structure with system, the ILO has a unique tripartite structure with workers and employers participating as equal partners workers and employers participating as equal partners with governments in the work of its governing organs. with governments in the work of its governing organs. Malaysia has been a member since 1957.Malaysia has been a member since 1957.

How it worksHow it works

Annual forum (ILC) provides platform for Annual forum (ILC) provides platform for labor and social standard discussions;labor and social standard discussions;Each member can send delegates Each member can send delegates –– 2 2 govt., 1 worker & 1 employer each with govt., 1 worker & 1 employer each with voting right;voting right;Executive council Executive council –– 28 govt., 14 worker & 28 govt., 14 worker & 14 employer meets 3 times a year to 14 employer meets 3 times a year to discuss policy, budget & programmes;discuss policy, budget & programmes;

ILO & the seaILO & the sea

Joint maritime commission and special Joint maritime commission and special maritime sessions at the ILC;maritime sessions at the ILC;More than 60 maritime labor standard More than 60 maritime labor standard have been adopted;have been adopted;Focus on promotion of maritime labor Focus on promotion of maritime labor standards;standards;Close cooperation with IMO, WHO & UNDP Close cooperation with IMO, WHO & UNDP offices.offices.

Malaysia is party toMalaysia is party to……Forced Labor Convention, 1930 (No.Forced Labor Convention, 1930 (No. 29)29) 11.11.195711.11.1957Recruiting of Indigenous Workers Convention, 1936 (No.Recruiting of Indigenous Workers Convention, 1936 (No. 50)50) 11.11.195711.11.1957Contracts of Employment (Indigenous Workers) Convention, 1939 (NContracts of Employment (Indigenous Workers) Convention, 1939 (No.o. 64)64)11.11.195711.11.1957Penal Sanctions (Indigenous Workers) Convention, 1939 (No.Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)65)11.11.195711.11.1957Labor Inspection Convention, 1947 (No.Labor Inspection Convention, 1947 (No. 81)81) 1.07.19631.07.1963Employment Service Convention, 1948 (No.Employment Service Convention, 1948 (No. 88)88) 6.06.19746.06.1974Protection of Wages Convention, 1949 (No.Protection of Wages Convention, 1949 (No. 95)95) 17.11.196117.11.1961Right to Organize and Collective Bargaining Convention, 1949 (NoRight to Organize and Collective Bargaining Convention, 1949 (No.. 98)98)5.06.19615.06.1961Equal Remuneration Convention, 1951 (No.Equal Remuneration Convention, 1951 (No. 100)100) 9.09.19979.09.1997Guarding of Machinery Convention, 1963 (No.Guarding of Machinery Convention, 1963 (No. 119)119) 6.06.19746.06.1974Minimum Age (Underground Work) Convention, 1965 (No.Minimum Age (Underground Work) Convention, 1965 (No. 123)123)

Minimum age specified: 16 yearsMinimum age specified: 16 years 6.06.19746.06.1974Minimum Age Convention, 1973 (No.Minimum Age Convention, 1973 (No. 138)138)

Minimum age specified: 15 yearsMinimum age specified: 15 years 9.09.19979.09.1997Tripartite Consultation (International Labor Standards) ConventiTripartite Consultation (International Labor Standards) Convention, 1976 on, 1976 (No.(No. 144)144) 14.06.200214.06.2002Worst Forms of Child Labor Convention, 1999 (No.Worst Forms of Child Labor Convention, 1999 (No. 182)182)

Latest developmentLatest development

……shipping is the worlds first genuinely global shipping is the worlds first genuinely global industryindustry……requires global standards applicable to requires global standards applicable to the whole industrythe whole industry…… ;;Consolidation of conventions and Consolidation of conventions and recommendations into a bill of rights;recommendations into a bill of rights;Creation of a framework convention for maritime Creation of a framework convention for maritime labor standard labor standard –– International Seafarers Code;International Seafarers Code;Adoption expected at ILO Maritime Conference Adoption expected at ILO Maritime Conference in 2005.in 2005.

Seafarers Union ?Seafarers Union ?……I BELIEVE THERE ARE ALREADY 2 LOCAL TRADE UNIONS I BELIEVE THERE ARE ALREADY 2 LOCAL TRADE UNIONS REPRESENTING MALAYSIAN SEAFARERS REGISTERED WITH THE REPRESENTING MALAYSIAN SEAFARERS REGISTERED WITH THE RTU. ONE IS THE RTU. ONE IS THE NATIONAL UNIONNATIONAL UNION OF SEAFARERS OF OF SEAFARERS OF MALAYSIAMALAYSIA AND THE OTHER IS THE AND THE OTHER IS THE MALAYSIAN MARITIME MALAYSIAN MARITIME ASSOCIATIONASSOCIATION. I BELIEVE THE LATTER IS FOR OFFICERS ONLY . I BELIEVE THE LATTER IS FOR OFFICERS ONLY AND THEY HAVE AN OFFICE IN A SHOPLOT IN RAWANG.AND THEY HAVE AN OFFICE IN A SHOPLOT IN RAWANG.

MORE INFO (ADDRESSES, PHONE NOS ETC) ON BOTH UNIONS MORE INFO (ADDRESSES, PHONE NOS ETC) ON BOTH UNIONS CAN BE FOUND ON THE NOTICE BOARD AT THE MARINERS CLUB CAN BE FOUND ON THE NOTICE BOARD AT THE MARINERS CLUB IN PORT KLANGIN PORT KLANG……

http://finance.groups.yahoo.com/group/ikmalmembers/message/2002http://finance.groups.yahoo.com/group/ikmalmembers/message/2002

Why ?Why ?

You have to ponder on how this You have to ponder on how this information/knowledge can be used to information/knowledge can be used to your advantage or to avoid disadvantage;your advantage or to avoid disadvantage;By being party to UNCLOS, IMO & ILO, By being party to UNCLOS, IMO & ILO, Malaysia is bound by its requirements Malaysia is bound by its requirements ––Malaysia means you and your ships;Malaysia means you and your ships;So far developed nations have been using So far developed nations have been using these international conventions to their these international conventions to their business advantagesbusiness advantages……

Have you heard ?Have you heard ?The superintendent who suggested that officers The superintendent who suggested that officers wear wear ““PURDAHPURDAH”” during daylight hours instead of during daylight hours instead of spending money to replace a damaged radar spending money to replace a damaged radar scopescope……..His intention was good His intention was good –– save company money save company money –– was he wrong or right, practically, legally, was he wrong or right, practically, legally, socially ?socially ?……conversely, there may be times when ambient conversely, there may be times when ambient light on the bridge is too strong for effective light on the bridge is too strong for effective viewing of the display. Difficulties such as the viewing of the display. Difficulties such as the foregoing may be overcome by the use of foregoing may be overcome by the use of display visorsdisplay visors…… UKUK’’s MSNE: Instructions for the s MSNE: Instructions for the guidance of surveyors.guidance of surveyors.

TERIMA KASIHTERIMA KASIH

www.un.org/Depts/los/index.htmwww.un.org/Depts/los/index.htmwww.imo.orgwww.imo.orgwww.ilo.orgwww.ilo.orgwww.marine.gov.mywww.marine.gov.mywww.mima.gov.mywww.mima.gov.myapandi@mima.gov.myapandi@mima.gov.my