Vessel Protection - Floating Armouries and the Law on individuals

The Maritime Labour Convention  

The Maritime Labour Convention (MLC) was established through a collaborative international effort to amalgamate the principles of SOLAS and UNCLOS, aiming to provide a safe and secure working environment, fair employment terms, and adequate living conditions for all seafarers.

Seafarers onboard a Floating Armoury (FA) should be safeguarded under the MLC. However, the Private Maritime Security Company (PMSC) personnel accommodated on an FA fall into a different category. While PCASPs are on duty, flag states typically classify them as supernumeraries. Since the MLC specifically pertains to crew members, it may not extend to PCASPs aboard their client vessels.

On the FA, PCASP personnel are typically categorized as either passengers or "industrial personnel," falling under the IMO's classification for Special Purpose Vessels. Consequently, the MLC does not directly apply to them. Therefore, the MLC's jurisdiction over FAs is primarily limited to the crew onboard the FA.

Under the MLC, seafarers are subject to a comprehensive set of regulations, including:

• Minimum age requirements for seafarers to work on a ship  
• Conditions of employment  
• Accommodation, recreational facilities, food and catering standards  
• Health protection, medical care, welfare and social security protection  
• Compliance and enforcement  

• The current flag States for FAs that have registered FAs and ratified the MLC are Mongolia and Saint Kitts and Nevis; Djibouti and Sierra Leone are not signatories of the MLC.
    
  

On the FA, PCASP personnel are typically categorized as either passengers or "industrial personnel," falling under the IMO's classification for Special Purpose Vessels. Consequently, the MLC does not directly apply to them.

1. MLC 2006 Article II  
   Except as expressly provided otherwise, this Convention applies to all seafarers.
2. In the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
3. Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries.  
4. In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.  
5. Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.