CONVENTION,1987 SATYAM VERMA UG2016-42 WHY THE CONVENTION WAS ADOPTED
• In the twenty-first session of the General Conference of the International
Labour Organisation the governing body decided to adopt certain proposals with regard to promotion of seamen’s welfare in port, and these proposals were taken in a form of recommendation, and cited as Seamen’s Welfare in Ports Recommendation,1936. • In the light of changing dynamics of the shipping industry, the need of provision of welfare facilities arises for both in port and on board ship. Thus the Seafarer’s Welfare Recommendtion,19702 was adopted which is in regard to welfare to seafarer’s at sea and in port. Later, in the 74th meeting of the governing body, recalling the provisions of the Seafarer’s Welfare Recommendation, 1970 and the Seamen’s Welfare in Ports Recommendation 1936 the Governing Body adopted the Seafarer’s Welfare Convention, 1987(ILO Convention 163). SALIENT FEATIRES OF THE CONVENTION
Convention 163 and recommendation 173 were adopted in 1987 as a
response to the needs of welfare facilities on board vessels and in port. All the countries which have ratified it, assume the responsibility for taking care of the welfare of any seafarer on board any vessel in their ports and on board their own national ships. Welfare facilities are sometimes still seen by many ship- owners, port authorities and administrations, as something generous, philanthropic, but less as a necessary condition for keeping healthy, efficient and safe crew. Later, An International Committee on Seafarer’s Welfare was created as an international umbrella organization dedicated for the implementation of the International Labour Organisation instruments on Seafarers’ Welfare. IMPORTANCE IN INTERNATIONAL LABOUR LAW
Seafarers’ welfare should be considered a real duty of governs, local
authorities, shipowners, etc. Welfare committees should be organised in all the important ports and even if some services could be provided by welfare organisations, governs should control and guarantee that they are proper to the needs of seafarers. This requires an active attitude and the development of a proper culture regarding welfare, safety, health and elementary work conditions. It is necessary an effort in front of shipowners, shipagents, port authorities, local and national authorities to remember the acquired compromises after ratifying an ILO convention, the importance that welfare and health has for the work of seafarers, who are the ones who develop the maritime transport. This convention made a significant mark for the welfare of seamen’s. IMPACT IN INDIA
Eighteen countries have adopted the convention, and the convention is in
fore in only 13 countries. At the moment ICSW has 31 members, which are private and public welfare organisations. The International Transport Federation and the International Labour Office are observers. The Seafarer’s Welfare Convention 1987 is not ratified by India but the Seamen’s Welfare in Ports Recommendation,1936 has an effect on the laws made by Ministry of Shipping such as Merchant Shipping Act,1958 which have exclusive provisions for the welfare of seafarer. A tripartite committee headed by Union Minster of Shipping and consisting of representations from all stakeholders viz the Government ship owners and seafarers decides and monitor the welfare issues of Indian seafarers