Stakeholders Forum on Dissemination of CBA

Report
STAKEHOLERS FORUM ON
DISSEMINATION OF CBA
A forum was organized by the Ministry of
Employment and Social Welfare on 29th Sept. –
1st Oct. 2010 at Dodowa, to disseminate the
Collective Bargaining Agreement (CBA) between
the Seafarer Union and the International
Transport Workers Federation (ITF).
1
CONT.
It was attended by representatives from the
National Union of Seamen (NUS), Regional
Maritime University (RMU), Ministry of
Transport (MOT), Ghana Maritime Authority
(GMA), Ministry of Employment and Social
Welfare (MESW), Ghana Merchant Navy Officers
Association (GMNOA), Chairman of the
Parliamentary Select Committee on
Employment and State Enterprises.
2
CONT.
The Seafarer Employment Programme has been
initiated by the Authority in collaboration with
the Ministry of Employment and Social Welfare
and in partnership with the United Nations
Development Programme (UNDP).
The Programme is to create an enabling
environment for Ghanaian Seafarers to access
employment on foreign shipping lines.
3
CONT.
The GMA made a presentation on the progress
of the Programme and the draft legislation on
Manning Agencies.
Below is the presentation made:
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GHANA MARITIME AUTHORITY
PRESENTATION
MARINA HOTEL, DODOWA
SEAFARER EMPLOYMENT
PROGRAMME
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OUTLINE
• THE LEGISLATIVE MANDATE OF GMA
• GMA ACTIVITIES REGARDING SEAFARERS
• DRAFT REGULATIONS ON MANNING
AGENCIES
• WAY FORWARD
• CONCLUSIONS
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LEGISLATIVE MANDATE
• Ghana Maritime Authority Act, 2002 Act 630
• Ghana Shipping Act, 2003, Act 645
• International Convention On The Standards
Of Training, Certification And Watchkeeping
For Seafarers (STCW) As Amended
• Seafarers Examination And Certification
Regulations, L.I. 1790, 2004
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GMA ACT, 2002 (ACT 630)
• To Oversee Matters Pertaining To The Training,
Recruitment And Welfare Of Ghanaian Seafarers
- s. 2(2)(g)
• Plan, Monitor And Evaluate Training Programmes
Of Seafarers To Ensure Conformity With
Standards Laid Down By International Maritime
Conventions – s. 2(2)(h)
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GHANA SHIPING ACT, 2003 (ACT 645)
PART IV - PROVISIONS DEALING WITH
ENGAGEMENT AND WELFARE OF SEAFARERS
 Functions of registrar of seafarers-s. 107
 Crew agreements and contents-s. 108
 Employment of children- s. 118
 Leave and holidays- s. 144
 Medical treatment – s. 160
 Repatriation – s.182
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STCW CONVENTION/LI 1790
• STCW Convention Prescribes Minimum
International Standards For The Training And
Certification Of Seafarers
• Merchant Shipping (Training, Certification and
Watchkeeping) Regulations, L.I. 1790 was passed
In 2004 to give effect to the STCW ConventionL.I. 1790
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GMA’S ACTIVITIES
1. SEARFARERS EXAMINATION AND
CERTIFICATION
– Reconfigured The Examination Unit
– Created A Sheltered Reception Facility For
Seafarers
– Produced New Certificates Of Competency And
Seafarer Discharge Books With Enhanced
Security Features To Prevent Faking Of
Documentation.
11
GMA ACTIVITIES CONT.
— Created a strong room for storage of certificates
and examination questions.
— Internet connectivity to ensure prompt and
effective responses to requests for verification
and authentification of Certificates Of
Competency from various maritime
administrations/shipping companies.
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CONT.
— Installed Of CCTV to monitor the activities of the
examination unit as a whole and the strong room
in particular.
— Appointed 7 medical doctors to conduct seafarer
medical examinations at designated health
centres in Accra, Tema and Takoradi
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2. QUALITY MANAGEMENT SYSTEM (QMS)
– GMA engaged Consultants to establish a QMS
based on ISO Certification requirements for the
Examination Unit.
– Various operating procedures have been
established under the QMS to ensure effective
service delivery and supervision of the Regional
Maritime University (RMU)
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EMSA AUDIT
• Submitted to audit by European Maritime
Safety Agency (EMSA) to attest the GMA’s
compliance with the requirements of the
STCW Convention
• The Audit Report is undergoing consideration
by the EU in Brussels
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EMSA AUDIT CONT.
• THE QMS in addition to a successful EMSA
Audit will ensure that a high premium is
placed on Seafarer Certifcates issued by GMA
• This will pave the way for the employment of
Ghanaian seafarers on board European Union
(EU) flag vessels
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DRAFT REGULATIONS ON
MANNING AGENCIES
• THE draft L.I. is by virtue of powers given to
the GMA by provisions in the Ghana Shipping
Act - S. 99 & 107(2)
• The L.I. was drafted with inputs from
stakeholders
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REQUIREMENTS FOR
REGISTRATION
• An agency shall not operate as a manning agency
for the recruitment of seafarers in the maritime
sector unless it fulfils the following:
• The Agency is registered under the Companies
Act, 1963 (ACT 179) or the Incorporated Private
Partnership Act 1962 (ACT 152)
• Licensed by the GMA
• Registered by MESW
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CONT.
• The application to the GMA for license must
contain the following:
– a statement of the category of seafarers to be
recruited;
– the location address of the manning agency;
– a statement that the manning agency
possesses the requisite facilities to engage in
the business of recruiting seafarers;
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CONT.
– a statement that the manning agency
possesses and meets the minimum
requirement for personnel, qualification and
skill
– appropriate insurance cover
– any other information that the authority may
request.
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PROCEDURE FOR GRANT OF A
LICENCE
To grant a Licence the GMA shall:
• conduct an inspection of the facilities of the
agency to determine their suitability
• ascertain whether agency has personnel with
the minimum qualifications and skills required
for the recruitment of seafarers
• GMA shall grant a licence within 14 days
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DETAILS OF THE LICENCE
The Licence shall specify:
– The duration of the licence and the period for
renewal
– The category of seafarers to be recruited under
the licence
– that seafarers recruited under the licence shall
have a certificate of competence issued by the
authority or an accredited body, and
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REVOCATION OF A LICENCE
A licence shall be revoked under the following
conditions:
• Breach of any of the conditions of the licence
• Failure to renew the licence
• Failure to comply with the provisions of Part
IV of the GSA and these regulations.
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INSURANCE AND SECURITY
A manning agency shall establish a system for
the protection of seafarers including insurance
cover for cases where the shipowner or
employer fails or refuses to undertake the
responsibilities of an employer in respect of
the seafarer in the following circumstances:
Injury, Illness, Incapacity, Death, Repatriation
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INSURANCE AND SECURITY CONT.
• The agency shall pay the insurance premium
• the agency shall pay to the seafarer one
month salary in addition to any compensation
due to a seafarer
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OTHER PROVISIONS
•
•
•
•
Non-transferability of a licence
Recruitment policy/employment
Confidentiality of seafarer’s record
Filing of quarterly returns to GMA/MESW
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DETAILS OF RETURNS
The returns shall include the following
information:
– The number of seafarers recruited by the manning
agency;
– The category of recruited seafarers;
– The nationality of the seafarers; and
– The number of the recruited seafarers engaged to
work on board a Ghanaian ship or on a foreign
ship.
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OFFENCES
• Operating a manning agency without a licence
issued by the Authority - fine of not less than
500 penalty units and not more than 1500
penalty units or a term of imprisonment of
two years or to both.
• Breaches any of the provisions of these
regulations 500 penalty units and not more
than 1000 penalty units
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WAY FORWARD
• Review L.I. 1790 to incorporate provisions of
Manila amendments to STCW Convention
• Accede to ILO Convention No. 185
• Procure equipment for the issuance of a
biometric seafarer identity document
• Marketing of Ghanaian seafarers to
shipowners in major flag states
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CONCLUSION
Continue to pursue statutory mandate in
collaboration with the RMU, MESW and other
relevant stakeholders
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THANK YOU FOR YOUR
ATTENTION
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