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38290 Neatco Icons Cover International Commission on Shipping Inquiry into Ship Safety Ships, Slaves and Competition © 2000 International Commission on Shipping This work is copyright. The Copyright Act 1968 permits fair dealing for study, research, news reporting, criticism or review. Selected passages, tables or diagrams may be reproduced for such purposes provided acknowledgement of the source is included. Major extracts or the entire document may not be reproduced by any process without the written permission of the International Commission on Shipping. Ships, Slaves and Competition ISBN 0-646-41192-6 International Commission on Shipping 39 Pillapai Street, Charlestown NSW Australia 2290 email: [email protected] Internet www.icons.org.au Design: AdVocArt Project Management: NeatCorp Group Printed by Newcastle Camera Print ■ CONTENTS ■ Preface...................................................................................................Page 1 ■ Executive Summary.............................................................................Page 7 ■ Chapter 1: INTRODUCTION ................................................Page 21 Formation of the Commission....................................................Page 22 Terms of Reference ......................................................................Page 23 Methodology ...............................................................................Page 24 Structure of the Report................................................................Page 26 ■ Chapter 2: KEY ISSUES.........................................................Page 27 The Quality Spectrum in Shipping.............................................Page 27 The Global Labour Market for Seafarers.....................................Page 27 Crew Competency and Training .........................................................Page 27 Crew Employment Practices................................................................Page 28 Abuse of Crews ....................................................................................Page 29 Cruise Ships .........................................................................................Page 30 Fishing Vessels .....................................................................................Page 30 Owners’ and Charterers’ Responsibility & Liability..................Page 31 Flag States....................................................................................Page 31 Classification Societies ................................................................Page 32 Port State Control .......................................................................Page 34 International Maritime Organization.........................................Page 34 International Labour Organization ............................................Page 35 Information Transparency ..........................................................Page 35 ■ Chapter 3: GLOBAL LABOUR MARKET FOR SEAFARERS....Page 37 Sources of Seafarers......................................................................Page 37 Manning Agencies .......................................................................Page 43 Passport Holders and Fraudulent Certificates.............................Page 46 Blacklisting ..................................................................................Page 50 Abandoned Seafarers ...................................................................Page 51 Abused Seafarers ..........................................................................Page 54 The Cruise Industry.....................................................................Page 57 Fishing Vessels .............................................................................Page 61 Trade Unions ...............................................................................Page 63 Seafarers Support Services ...........................................................Page 65 ■ Chapter 4: QUALITY IN SHIPPING ...................................Page 69 Profitability and Quality .............................................................Page 72 Charterers and Cargo Interests....................................................Page 73 Quality Ship Registers..................................................................Page 75 Rewards for Quality.....................................................................Page 79 ■ Chapter 5: OWNERS, FLAG STATES AND CLASSIFICATION SOCIETIES...............................................Page 83 Owners.........................................................................................Page 83 Flag States ....................................................................................Page 87 Classification Societies ................................................................Page 98 ■ Chapter 6: INTERNATIONAL ORGANISATIONS ...........Page 107 United Nations Convention on the Law of the Sea.................Page 108 International Maritime Organization .......................................Page 111 International Labour Organization...........................................Page 120 Other UN Organisations............................................................Page 124 Organisation for Economic Co-operation and Development ....Page 126 European Union ........................................................................Page 130 Environmental Organisations ...................................................Page 132 ■ Chapter 7: USERS OF SHIPPING.......................................Page 135 Charterers ..................................................................................Page 135 Shipper Councils .......................................................................Page 138 ■ Chapter 8: PORT STATE CONTROL .................................Page 139 Improved Effectiveness of Port State Control...........................Page 140 Targeting ....................................................................................Page 143 Scope of Inspections..................................................................Page 147 Penalties for Sub-standard Ships ...............................................Page 149 ■ Chapter 9: OTHER ISSUES .................................................Page 157 ■ Chapter 10: CONCLUSIONS & RECOMMENDATIONS ......Page 165 ■ Abbreviations .......................................................................Page 201 ■ References..............................................................................Page 202 ■ ANNEXES................................................................................Page 211 1 The Commissioners...................................................................Page 211 2 List of Persons and Organisations Making Submissions ..........Page 215 3 List of Persons and Organisations Consulted ...........................Page 220 4 The Fishing Industry .................................................................Page 231 5 European Community Maritime Industry Charter on Quality..................................................................................Page 234 6 UNCLOS Provisions Concerning Flag State Responsibilities..........................................................Page 236 7 List of IMO and ILO Conventions ............................................Page 238 8 US Coast Guard Port State Control Targeting Matrix...............Page 243 9 International Shipping Statistics...............................................Page 246 ■ PREFACE The International Commission on Shipping is a unique organisation that attempted in a unique manner to bring together, voluntarily, interested parties and individuals from across the world to identify the international shipping industry’s problems, to examine allegations of abuses, exploitation and injustices to its seafarers, and to develop practical solutions to those problems and injustices. The Commission is unique in that it was not able to offer protection to participants for comments or statements they made. Nor did it have the power to compel anyone or any organisation to make a submission or meet it. As the inquiry proceeded those apparent weaknesses became its strength. The participants recognised increasingly that the Commission did not have any political baggage to carry, it was not beholden to any group or government agency and it did not have to cling to any political or industrial view. The fact that 125 submissions were received, most of which were substantive, is testimony to the seriousness accorded the work of the Commission by government maritime agencies, the international shipping industry, its customers, its unions and its workforce. The Commission invited submissions in March 2000. It followed up with public and private meetings with submitters and others that involved more than four hundred people in Asia, North America, South Africa and Europe between July and November 2000. At its public meetings, the Commission sought to perform the dual role of providing an impartial forum where matters of concern could be discussed and questions raised, and where the Commissioners could seek elaboration of matters that had been submitted. 1 From the outset, the Commission’s independence and impartiality was accepted. This was evident in Manila where it was able to provide an opportunity for local people to raise their grievances through the chair. Similarly in Montreal where local groups were later able to form a committee to organise support services for visiting seafarers. Public meetings were held in Sydney, Mumbai, Manila, Vancouver, Montreal, New York,
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