PSi-Daily maritime press clippings Page 3 4/21/2005

Seafarers to lose if ITF walks out of Geneva talks

TODAY should mark the start of crucial talks on the International Labour Organisation's Consolidated

Maritime Labour Convention, which would give the global shipping industry a set of standards relating to

employment and working conditions.

The world 'should' is used advisedly because an International Transport Workers' Federation (ITF) meeting

last week threatened not to attend. The ITF's Seafarers' Section Conference in Rio de Janeiro has decided

that 'unless key provisions on implementation are included', they will not attend this week's talks at the ILO

in Geneva.

In a statement, the ITF 'reaffirmed its commitment to the convention - regarded by unions as the

'Seafarers' Bill of Rights' - but resolved that unions would not sign up to a tool for deregulation'.

The statement added: 'From the beginning, negotiations on this convention were based on an agreed

package of measures. Part of that package - and central to the negotiation process - was the securing of

effective enforcement and control. The ITF meeting reaffirmed that this element remained essential.'

ITF Seafarers' Section secretary Jon Whitlow rammed home the message: 'It's a show stopper. We have

made concessions on the basis of the overall package - now some governments and shipowners seem

reluctant to deliver.'

This pre-negotiation theatre was probably partly aimed at the employers' representatives, principally the

International Shipping Federation (ISF), and also was for internal consumption. Some on the union side

expect to achieve major advances through this convention and clearly made their voice heard at Rio de

Janeiro.

This week's talks are inter-sessional ones arranged because last September's Preparatory Technical

Maritime Conference finished with significant issues unresolved. The idea is to have a draft convention

ready for adoption early next year.

Contradictory provisions

The new super-convention is intended to bring the many existing ILO conventions on seafarers'

employment and conditions into one modern convention. Many of the existing conventions have been only

ratified by a few countries and are widely ignored.

The problems arise because the process is not quite as simple as bringing everything from the old

conventions into the new text. There is a lot of weeding of obsolescent and contradictory provisions to be

done and, more importantly, some very careful drafting to ensure precision of meaning is needed.

And, controversially, not every provision of every old convention is going to be incorporated in the new

one. The reason for this is simple. The new convention will be meaningless unless enough governments

ratify it. Very few governments have, for example, ratified the ILO convention relating to seafarers'

pensions. That at least is the message the ISF is trying get over to the union side.

Nevertheless, some union diehards regard not trying to bring in conventions that very few states have ever

signed up to as 'deregulation', hence the form of language in the ITF statement.

The ISF has also issued a pre-talks statement. 'The production of a comprehensive, up-to-date and

enforceable international labour standards convention that clearly sets out seafarers' employment rights

and obligations is fully supported by the shipowners' group. However, this objective will not be achieved

unless the convention is widely ratified by all significant maritime nations, including flag states, port states

and labour supply countries. Therefore, a prime test to be applied to the acceptability of the draft

provisions is whether they will encourage or discourage wide ratification.'

The ISF cautioned: 'The draft convention still contains some obligations that are too detailed, unnecessary

and undesirable that will discourage widespread ratification.'

The shipowners' body is also concerned that there should be a strictly defined definition of 'seafarer'. 'The

shipowners' group believes that the scope of application of the convention relating to ships, their trade and

the definition of seafarer must be resolved. Repair or service personnel sent out by yards, equipment

suppliers or other specialists should not be defined as seafarers even if they perform repairs during a ship's

voyage. Pilots, dockers and longshoremen should likewise not be deemed to be seafarers,' it added.

If all sides do get down to serious discussions, the next few days will see some very intense and difficult

bargaining. It is very difficult to see the ITF going through with its threat to walk out, for one simple

reason. It is the only party that really gains anything from globally accepted standard for seafarers'

conditions. The shipowners have put a lot of effort into this project and would clearly be disappointed if,

after all, nothing of came of it.

But, objectively, there are very few real benefits for them in a new convention. The existing ineffectual

mish mash suits them well enough. The governments are generally lukewarm to the idea and would ratify

the resulting convention only if it did not pose difficulties for them, for example, by clashing with national

law or policies.

Stupid move

Threatening to remove oneself from negotiations can be an effective method of exploiting a strong

position. When the negotiating position is essentially weak, macho talk of a walk-out is stupid. If it is a

bluff, it is one that can be easily called.

If the ITF really walked out of these talks, the governments and the owners would shrug and get on with

life. They would also probably be very reluctant to revisit this process for many years to come. That would

leave the ITF to explain to the seafarers why it blew its chance to secure at least a basic set of standards

for those working on the global fleet.

 

 



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