C5.4.a. What are labour-supplying responsibilities?

Regulation 5.3 establishes obligations with respect to the enforcement of what are called the “labour-supplying responsibilities” of States as set out in Titles 1 to 4 of the MLC, 2006. It also implements Article V, paragraphs 1 and 5. These responsibilities include the regulation of seafarer recruitment and placement services and the provision of social security. The provisions under Regulation 5.3 and the Code do not specify the form of legal implementation and, to a large extent, effective implementation of the obligation in relevant provisions in Titles 1 to 4 would constitute implementation of this obligation, at least with respect to Regulation 4.5. The main requirements are that:

■ the country must establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities, particularly those regarding the recruitment and placement of seafarers;

■ the country must also implement social responsibilities for seafarers that are its nationals or residents or are otherwise domiciled in its territory; and

■ the country must report on its system for enforcing these obligations in its article 22 report under the ILO Constitution [see A42.]

Labour-supplying responsibilities