Ministry of Maritime Affairs failed to ratify MLC 2006
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KARACHI: Pakistan Legal Awareness Trust has emphasized on ratification of MLC 2006 and said special consideration must be given to updating national laws as per the latest Seafarers' Identity Documents Convention, 2003 (ILO C-185). At least 20,000 Pakistani seafarers are out of jobs due to noncompliance with International Labour Conventions and non-ratification of MLC 2006.
Pakistan Legal Awareness Trust had urged the Minister of Maritime Affairs to form a committee consisting of senior masters, engineers, maritime lawyers, and high officials of the Ministry of Maritime Affairs (MOMA) to investigate causes that are damaging the employment of Pakistani seafarers in their employment on foreign flag ships; to investigate whether any person or persons appearing in the electronic seafarers' database are qualified to be seafarers having valid documents; to investigate reasons for non-ratification of MLC 2006 by Pakistan and to determine causes for delaying the introduction of e-Article of Agreement. The Government embraced the practice of e-Article of Agreement in the year 2020 but delayed the ratification of MLC.
Pakistan Legal Awareness Trust had in 2018 invited the attention of the Government towards the promulgation of the Pakistan Merchant Shipping Ordinance, 2001 (MSO, 2001) consolidating and amending merchant shipping laws whereby e-Article of Agreement with the crew for serving Pakistani ships was non-existent. The then prevalent procedure of signing on/signing-off Article of Agreement under the repealed Merchant Shipping Act, 1923 creates hurdles for Pakistani seafarers serving on foreign flag ships. All countries sharing coastal borders with Pakistan have ratified MLC 2006. Ratification of MLC will ensure the rights and well-being of Pakistani seafarers as well as the growth of the national maritime industry. Shipping and labor experts together with ship owners' representatives have to go through these laws in order to amend national laws and rules not conflict with the standards of MLC 2006 for the betterment of Pakistani seafarers.
Pakistan was the third maritime labor supplier country in the world. Shipping used to provide highly paid jobs to Pakistani seafarers not only in Pakistan but even outside of Pakistan. Over time, due to a lack of interest in the employment of the seafarers and upgrading the national shipping standards of Pakistan, foreign exchange earnings have been reduced and the employment of Pakistani seafarers has been greatly affected. Pakistan has to take steps without any ado to ratify MLC 2006 and implement it. According to a spokesman of the Trust; the Director General of Ports & Shipping Wing had decided to form a committee for updating rules, regulations, and laws to examine and reframe agreements to make it in the entire confirmation of SEA and MLC 2006. But no result was achieved so far.
Earlier, Federal Cabinet in a meeting held in March 2020 had reviewed 39 ILO instruments and recommended to ratify four new ILO Conventions including MLC 2006. Subsequently, the Ministry of Overseas Pakistani and HRD through letter No; 4-27/2015-ILO-I, dated 15th April 2020, requested ILO for technical support in undertaking a gap analysis before a formal decision to ratify MLC Convention.
Published in The Daily National Courier, March, 09 2023
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