Terms of Reference
Gaps Analysis Study
Maritime Labour Convention, 2006 (MLC, 2006)
Pakistan has ratified 36 ILO Conventions including all eight fundamental Conventions, two out of four Governance Conventions and 26 Technical Conventions. Last Convention was ratified in 2006.
In its meeting in March 2020, the Federal Cabinet of Pakistan reviewed 39 ILO Instruments that were put up for necessary consideration and action, and decided to ratify four (4) new ILO Conventions – including the ‘Maritime Labour Convention’. Subsequently, the Ministry of Overseas Pakistani and HRD thru its letter No. 4-27/2015-ILO-I, dated: 15th April 2020, requested ILO for technical support in undertaking ‘Gaps Analysis’ before a formal decision to ratify the Convention.
Maritime Labour Convention – A brief introduction
The Maritime Labour Convention, also known as “MLC, 2006”, came into force on 20 August 2013 – effectively becoming binding in international law – and established minimum working and living standards for all seafarers on those ships. What’s more, it is also an essential step toward ensuring fair competition and a level-playing field for quality owners of ships flying the flags of ratifying countries. Global support for the MLC-2006 continues to increase. Currently, the ILO has registered ratifications of the Convention by 82 ILO member States responsible for regulating conditions for seafarers on more than 90 per cent of the world’s gross tonnage of ships.
The comprehensive Convention sets out in one place seafarers' rights to decent conditions of work on almost every aspect of their working and living conditions including, among others, minimum age, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of licensed private recruitment and placement services, accommodation, food and catering, health and safety protection and accident prevention and seafarers’ complaint handling.
It was designed to be applicable globally, easy to understand, readily updatable and uniformly enforced and will become the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO) dealing with safety and security of ships and protection of the marine environment.
Maritime Situation of Pakistan
Pakistan has inherited three (3) ratified ILO Conventions related to Seafarers from former British Rule– as given below:
Pakistan has a vibrant shipping industry and very important shipping Ports in Karachi and newly developed Gwadar. All administrative matters are managed by Federal Ministry of Maritime Affairs – which has the following main institutions dealing with various operational matters:
Gaps Analysis – Maritime Labour Convention, 2006
ILO intends to engage a Technical Consultant to undertake a Gaps Analysis by reviewing existing legislative and institutional infrastructure and after getting inputs all important stakeholders – to see where Pakistan stands on various provisions of the Convention.
The Consultant will be required to have a detailed review of existing legislations related to Shipping Industry and Seafarers Rights and look at various institutional arrangements to ensure compliance with and application of such legislations. The Consultant will also consult tripartite partners (particularly employers and workers in Maritime Industry), existing institutions, and other stakeholders (e.g., Academia, Civil Society Organizations, etc) and identify key areas to be improved. The Technical Consultant will be required to study/examine following important measures which could be taken in to consideration before ratification of MLC, 2006:
Terms of Reference for Technical Consultant
The Consultant will be required to undertake following assignments:
The Consultant is required to provide number of workdays for completing this assignment.
Consultant will be required to deliver the following:
Required Qualification and Experience
The Consultant should have the following qualification and experience:
How to submit:
Interested individuals are requested to submit the Expressions of Interest, along with following supporting documents (duly dated and signed) through email to: firstname.lastname@example.org, cc: email@example.com by Thursday, 2nd July 2020.
Any offer received after the official closing time and date will not be accepted.
Questions and replies:
Should you have any questions, please contact us at the latest by date only by email (firstname.lastname@example.org; cc email@example.com) quoting the RFQ reference.
The Consultant will undertake the study, and produce a report (electronic and print, English) that will contain the following parts:
A brief overview of the situation of maritime workers/seafarers in the country, highlighting trends and issues
Presentation of the relevant labour, employment and social security laws, regulations, collective agreements and other measures regarding workers in general and maritime workers/seafarers in particular, and assessment of these legal provisions and measures as regards to their implementation of the provisions of Convention 186/MLC and corresponding Recommendation. The report should structure Part II into thematic chapters along the subject matters addressed in these instruments – along with a summary table as given below.
Subject matter in MLC - Situation in Pakistan - Gaps / Affirmative actions required
Each thematic chapter will present relevant national law, regulations or other measures, as well as relevant national institutions; identify gaps vis-a-vis MLC/C.186, if any, and discuss possible ways of addressing these gaps.
A summary of areas of conformity, gaps between national laws and regulations, collective agreements and other measures, and MLC/C186, as well as issues and areas for improvement, for example in the matter of compliance or enforcement; and a set of recommendations for feasible actions, which go beyond compliance with minimum requirements, in the medium and longer-term, as a basis for drafting a plan of action. Add a small section on observations regarding relevant issues raised in the draft revised labour law and labour law.
The Consultant will deliver two presentations to constituents (electronic and print):
The draft report will be reviewed by Ministry of OP&HRD and ILO (Geneva). The Consultant will produce a final report on the basis of comments provided by ILO on the draft report and results of a tripartite validation meeting on the draft report.
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