AN ASSESSMENT OF PRE AND POST MARITIME LABOUR CONVENTION ACT ON MARITIME INDUSTRY IN NIGERIA

Abstract

The maritime sector is one of the earliest and most internationalized industries of the world. This is evident in the structure of maritime activities wherein the owner(s) of the vessel are citizens of a state, the vessel itself is a citizen of a different state and to complicate matters its employees are may be drawn from various parts of the world. The study focused on an assessment of pre and post maritime labor convention act on maritime industry. This is because, amongst all the modes of transport, Maritime industry got the worst hit in terms of poor quality funding, policy inconsistencies and lack of support from government. This is clear in the non –availability of a functional shipping policy in place to really checkmate the fraudulent sharp practices and vices that usually erupts within the confines of the system.

CHAPTER ONE

                                        INTRODUCTION

• Background of the study

The pivotal role of maritime transport in the socio-economic, transformational changes and political development of nations all over the world is very crucial and well recognized as the most cardinal factor for growth and development. As regards the creation of wealth and its attendant transformational and reform structural narratives which seems to anchor on revenue generation to obviously support developing nations’ economic systems of most African countries, Nigeria inclusive. It is widely agreed that, given the global nature of the shipping industry, seafarers need special protection, especially since you can be exempted from national labour laws. The Maritime Labour Convention, 2006 (MLC), otherwise known as the Seafarers’ Bill of Rights, incorporates and builds on sixty eight existing maritime labour conventions and recommendations, as well as more general fundamental principles, to ensure decent working and living conditions for all seafarers. A list of these conventions is included for reference at the end of this book. Some important conventions not included are those relating to seafarers’ identity documents (ILO 108 and 185) and pensions (ILO 71). The MLC is designed to sit alongside regulation such as the International Maritime Organization (IMO) standards on ship safety, security and quality ship management (such as SOLAS, STCW and MARPOL). Where they deal more with the vessel and its operation, the MLC deals more with your rights as a seafarer. It should be remembered that the MLC sets out minimum requirements; many flag States that ratify the Convention may have higher standards. States may not reduce existing rights when they ratify a new convention.

This is because, fundamental operational functioning derivatives within the confines of the African States, therefore, is of paramount importance to the organization and creative man-power management of modern governments. This seems to reflect in the most recent studies of industrial growth and productivity which continues to pay careful attention to the immense contributions and importance of this critical cash-cow industry and vital subsector of the global economic system. The social needs for maritime-transport has to do with how it helps in solving human problems, especially with regard to operational industry modalities, recreational transformational Linkages and business transactional exchanges, as well as the movement of goods and services across African Continental borders within the operational confines of the law that has to do with fraudulent sharp practices, industry negative vices syndrome narratives and operational abuses that are second to none as the case may be, of which Nigeria cannot be insulated from it (Ndikom, 2015). This is because; the industry lacks the fundamental intellectual and knowledge-based skills of needed workforce that can obviously matching the ever increasing demanding tasks of the industry at Large.

• STATEMENT OF THE PROBLEM

The LLMC Convention 1976 and the 1996 LLMC Protocol formed the basis of the limitation of liability for maritime claims as stated in Sections 351 to 359 of the MSA 2007, which set out the circumstances in which ship-owners (including the owners, charterers, managers and operators of a ship), salvors and their insurers may limit their liability for maritime claims, as well as the computation for that limitation. Under international law, the flag state is assigned the primary jurisdiction of implementing the seafarer‘s social/labour conditions on board, ship safety and environmental protection standards. (Desislava N. Dimitrova & Roger Blanpain 2010). The flag state is also responsible for the repatriation of an abandoned seafarer where the ship-owner had failed in its responsibility to repatriate. (Article 94 United Nations Convention on Law of the Sea). This approach was convenient under the traditional maritime states wherein seafarers were citizens of the flag state of the ship they were contracted to work in. However, as the maritime industry evolved due to varying factors such as new inventions and innovations in the build of ships, the steady growth of the shipping industry and the emergence of flags of convenience. Seafarers employed on flags of convenience ships are often denied their basic rights because flags of convenience do not enforce minimum social standards. Seafarers were no longer required to be nationals or residents of the flag state and thus have no connection with the flag State other than the fact that he/she is working on board a ship flying the State‘s flag. It is in view of this that this study becomes pertinent to examine the maritime labor convention act on maritime industry in Nigeria.

• OBJECTIVE OF THE STUDY

The study has one main objective that is sub-divided into general and specific objective; the general objective is to focus on an assessment of pre and post maritime labor convention act on maritime industry in Nigeria, the specific objective are;

1. To examine the effect of pre and post maritime labor act on the growth of the maritime sector
2. To examine if there is any significant relationship between pre and post maritime labor convention act on the growth of marine transport

• To examine the role of government in the implementation of maritime labor convention act in Nigeria

1. To proffer suggested solution to the identified problem
   • RESEARCH QUESTIONS

The following research questions were formulated by the researcher to aid the completion of the study;

1. Does pre and post maritime labor act have any effect on the growth of the maritime sector?
2. Is there any significant relationship between pre and post maritime labor convention act on the growth of marine transport?

• Does government play any role in the implementation of maritime labor convention act in Nigeria?

• RESEARCH HYPOTHESES

The following research hypotheses were formulated by the researcher to aid the completion of the study?

H₀: pre and post maritime labor act does not have any effect on the growth of the maritime sector in Nigeria

H₁: pre and post maritime labor act does have an effect on the growth of the maritime sector in Nigeria

H₀: There is no significant relationship between pre and post maritime labor convention act on the growth of marine transport

H₂: There is a significant relationship between pre and post maritime labor convention act on the growth of marine transport

• SIGNIFICANCE OF THE STUDY

It is believed that at the completion of the study, the findings will be of great importance to the maritime sector as the study serve as an expository to the importance of the maritime labor convention act in Nigeria, the study will also be of importance to students who intend to embark on a study in a similar topic as the study will serve as a pathfinder to further studies. The study will also be of great importance to researchers, academia’s, student, teachers and the general public as the study will contribute to the pool of existing literature on the subject matter and also contribute to knowledge.

• SCOPE AND LIMITATION OF THE STUDY

The scope of the study covers an assessment of pre and post maritime labor convention act on maritime industry in Nigeria, but in the course of the study, there were some factors that limit the scope of the study;

AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study

TIME: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.

FINANCE: The finance available for the research work does not allow for wider coverage as resources are very limited as the researcher has other academic bills to cover.

1.8 OPERATIONAL DEFINITION OF TERMS

Maritime transport

A shipping line or shipping company is a company whose line of business is ownership and operation of ships. Shipping companies provide a method of distinguishing ships by different kinds of cargo: Bulk cargo is a type of special cargo that is delivered and handled in large quantities

Labor convention

The Maritime Labour Convention is an International Labour Organization convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies “all up-to-date standards

Maritime industry

The maritime industry includes the construction, repair, and scrapping of vessels, as well as the movement of cargo and other materials. Hazards include slips, trips, and falls, machinery and equipment hazards, hazardous chemicals, confined/enclosed spaces, and fire hazards

1.9 ORGANIZATION OF THE STUDY

This research work is organized in five chapters, for easy understanding, as follows

Chapter one is concern with the introduction, which consist of the (overview, of the study), statement of problem, objectives of the study, research question, significance or the study, research methodology, definition of terms and historical background of the study. Chapter two highlight the theoretical framework on which the study its based, thus the review of related literature. Chapter three deals on the research design and methodology adopted in the study. Chapter four concentrate on the data collection and analysis and presentation of finding.  Chapter five gives summary, conclusion, and recommendations made of the study.

Related Project Topics :