Maritime Labour Convention

Last updated

MLC, C186
Maritime Labour Convention
MaritimeLabourConvention.svg
Ratifications of the Maritime Labour Convention
  Parties
  Ratification, convention not yet in force
Drafted7 February 2006
Signed23 February 2006
LocationGeneva
Effective20 August 2013 [1]
Condition30 ratifications; representing 33% of gross tonnage of ships
Parties104 [2]
DepositaryDirector-General of the International Labour Organization
LanguagesFrench and English
Full text
Wikisource-logo.svg Maritime Labour Convention at Wikisource

The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". [3] The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91 per cent).

Contents

Maritime Labour Convention (MLC), according to International Labour Organization, provides a broad perspective to the seafarer’s rights and fortification at work. [4]

The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships. [1] Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage [5] (which is over 33 per cent; the second requirement for entry into force). As of August 2021, the convention has been ratified by 97 [2] states representing over 91 per cent of global shipping.

Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC.

Content and organization

The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of five Titles in which specific provisions are grouped by standard (or in Title 5: mode of enforcement):

For Each Title, there are general Regulations, which are further specified in mandatory Standards (list A) as well as Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations and Standards should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.

Some seafarers criticize the convention, saying that it lacks teeth, does not address real issues, and skirts important seafarer needs such as decent sized cabins, cupboards in cabins, shore leave, and rest hours by including them into Guidelines (List B) of the convention—or worse, by not addressing them at all. [6]

Title 1: Minimum requirements for seafarers to work on a ship

The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:

Title 2: Employment conditions

The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.

Title 3: Accommodation, recreational facilities, food and catering

The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.

Title 4: Health protection, medical care, welfare and social security Protection

Title 4 consists of 5 regulations about health, liability, medical care, welfare and social security.

Title 5: Compliance and enforcement

Title 5 sets standards to ensure compliance with the convention. The title distinguishes requirements for flag state and port state control.

Negotiations

After tripartite negotiations had started in 2001, the convention was adopted during the 94th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers and workers, who each held a single vote per country. [8]

Ratifications

Parties
(cumulative by year)

Blue: Ratifications
Green: Parties (Convention in force)
Maritime Labour Convention

As of August 2023, the treaty has been ratified by 104 [2] countries, many of which are large flag states in terms of the tonnage they transport. The European Union advised its (then) 27 members to ratify the treaty by 31 December 2010. [9] The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organization, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010." As of January 2021, 23 countries had done so, while Croatia did so before it entered the European Union. [3] The convention entered into force on 20 August 2013 for the 30 countries that ratified it prior to 20 August 2013. For other countries, the convention enters into force one year after registration of their instrument of ratification. Nearly 1.2 million seafarers are affected by human rights laws, which include regulations on workplace protection, living conditions, employment, health and social security. [4]

CountryRatificationEntry into forceNotes % of world gross tonnage [10]
Albania 28 October 201628 October 2017
Algeria 22 July 201622 July 2017
Antigua and Barbuda 11 August 201120 August 2013
Argentina 28 May 201428 May 2015
Australia 21 December 201120 August 2013
Bahamas 11 February 200820 August 2013
Bangladesh 6 November 20146 November 2015
Barbados 20 June 201320 June 2014
Belize 8 July 20148 July 2015
Belgium 20 August 201320 August 2014
Benin 13 June 201120 August 2013
Bosnia and Herzegovina 18 January 201020 August 2013
Bulgaria 12 April 201020 August 2013
Brazil 7 May 20207 May 2021
Canada 15 June 201020 August 2013
Cape Verde 6 October 20156 October 2016
Chile 22 February 201822 February 2019
Republic of the Congo 7 April 20147 April 2015
China 12 November 201512 November 2016including Hong Kong (since 20 August 2018)
Cook Islands 18 December 201918 December 2020
Croatia 12 February 201020 August 2013
Cyprus 20 July 201220 August 2013
Denmark 23 June 201120 August 2013including Faroe Islands (since 9 July 2014)
excluding Greenland
Djibouti 20 July 201820 July 2019
Ethiopia 28 March 201928 March 2020
Fiji 10 October 201410 October 2015
Finland 9 January 20139 January 2014
France 28 February 201328 February 2014Including New Caledonia
Gabon 25 September 201425 September 2015
Gambia 29 November 201829 November 2019
Germany 16 August 201316 August 2014
Ghana 16 August 201316 August 2014
Greece 4 January 20134 January 2014
Grenada 12 November 201812 November 2019
Hungary 31 July 201331 July 2014
Iceland 4 April 20194 April 2020
India 9 October 20159 October 2016
Indonesia 12 June 201712 June 2018
Iran 11 June 201411 June 2015
Iraq 22 March 202322 March 2024
Ireland 21 July 201421 July 2015
Italy 19 November 201319 November 2014
Jamaica 13 June 201713 June 2018
Japan 5 August 20135 August 2014
Jordan 27 April 201627 April 2017
Kenya 31 July 201431 July 2015
South Korea 9 January 20149 January 2015
Kiribati 24 October 201120 August 2013
Latvia 12 August 201120 August 2013
Lebanon 18 February 20139 March 2019
Liberia 7 June 200620 August 2013
Lithuania 20 August 201320 August 2014
Luxembourg 19 September 201120 August 2013
Madagascar 15 June 202315 June 2024
Malaysia 20 August 201320 August 2014
Maldives 7 October 20147 October 2015
Malta 21 January 201321 January 2014
Marshall Islands 25 September 200720 August 2013
Mauritius 30 May 201430 May 2015
Mongolia 1 September 20151 September 2016
Montenegro 3 February 20153 February 2016
Morocco 10 September 201210 September 2013
Mozambique 25 May 202125 May 2022
Myanmar 25 May 201625 May 2017
Netherlands 13 December 201120 August 2013only the European part of the Kingdom and (since 14 April 2015) Curaçao
New Zealand 9 March 20169 March 2017
Nicaragua 20 December 201320 December 2014
Nigeria 18 June 201318 June 2014
Norway 10 February 200920 August 2013
Oman 29 March 202229 March 2023
Palau 29 May 201220 August 2013
Panama 6 February 200920 August 2013
Philippines 20 August 201220 August 2013
Poland 3 May 201220 August 2013
Romania 24 November 201524 November 2016
Russia 20 August 201220 August 2013
Saint Kitts and Nevis 21 February 201220 August 2013
Saint Vincent and the Grenadines 9 November 201020 August 2013
Samoa 21 November 201321 November 2014
San Marino 30 March 202230 March 2023
Serbia 15 March 201315 March 2014
Seychelles 7 January 20147 January 2015
Senegal 19 September 201919 September 2020
Sierra Leone 29 March 202229 March 2023
Singapore 15 June 201120 August 2013
Slovakia 17 May 201817 May 2019
Slovenia 15 April 201615 April 2017
South Africa 20 June 201320 June 2014
Spain 4 February 201020 August 2013flag register of Madeira
Sri Lanka 12 January 201712 January 2018
Sudan 4 October 20194 October 2020
Sweden 12 June 201220 August 2013
Switzerland 21 February 201120 August 2013
Syria 6 April 20236 April 2024
Tanzania 3 April 20193 April 2020
Thailand 6 June 20166 June 2017
Togo 14 March 201220 August 2013
Tunisia 5 April 20175 April 2018
Tuvalu 16 February 201220 August 2013
United Kingdom 7 August 20137 August 2014extended to Bermuda, British Virgin Islands, Cayman Islands, Isle of Man, Gibraltar, Falkland Islands
Vietnam 8 May 20138 May 2014
Ratifications: 104In force: 101Total: 96.6%

Effect on other conventions

The convention changed the status of 37 ILO conventions, which meant that these conventions upon entry into force of this convention closed for ratification (if not already) and that entry into force for a specific country meant automatic denouncement the other conventions (if not already).

Criticism

While the authors of MLC 2006 called it the fourth pillar of maritime policy, many seafarers themselves and industry bodies saw it as a rather weak convention which did not materially change life at sea. [12] From this perspective, the more important parts of the convention have been placed in the non-mandatory section "B"; other issues, such as air conditioning or interpretations of what could be termed as good nutritious food, are not addressed by the convention. Some seafarers have complained that the convention does not carry any stipulations to make the crew cabins on cargo ships any bigger than they currently are and does not increase the number of cupboards or shelves, which are typically minimal on cargo ships. The convention also does not address the issues of rest hours during work or rest when joining ship; these issues are determined by crew and companies alone. [6]

Maritime labour issues and Coronavirus (COVID-19)

According to the provisions of the 2006 Maritime Labour Convention, the International Labour Organization (ILO) appealed to governments to ensure that seafarers are repatriated and that the risk of COVID-19 virus infection is minimised. [13]

The ILO memorandum aimed to create synergies between the action strategies of the International Maritime Organization (IMO) and the World Health Organization (WHO) to prevent the spread of COVID-19. Both the International Chamber of Shipping and the International Transport Workers' Federation has been active in supporting seafarers and ship-owners and advise on their membership. The International Chamber of Shipping published the 'Coronavirus (COVID-19) Guidance for Ship Operators for the Protection of the Health of Seafarers' [14] and the International Transport Workers' Federation published the information material 'COVID-19 advice to ships and seafarers.' [15]

After the initial 'force majeure' caused by sudden and indiscriminate border closures, crew change remained a significant issue throughout the pandemic. Christiaan De Beukelaer argues in the journal Marine Policy that the continued crew change crisis risks eroding the Maritime Labour Convention. [16]

Related Research Articles

<span class="mw-page-title-main">Maritime transport</span> Transport of people or goods via waterways

Maritime transport or more generally waterborne transport, is the transport of people (passengers) or goods (cargo) via waterways. Freight transport by sea has been widely used throughout recorded history. The advent of aviation has diminished the importance of sea travel for passengers, though it is still popular for short trips and pleasure cruises. Transport by water is cheaper than transport by air or ground, but significantly slower for longer distances. Maritime transport accounts for roughly 80% of international trade, according to UNCTAD in 2020.

<span class="mw-page-title-main">United States Merchant Marine</span> U.S. civilian mariners

The United States Merchant Marine is an organization composed of United States civilian mariners and U.S. civilian and federally owned merchant vessels. Both the civilian mariners and the merchant vessels are managed by a combination of the government and private sectors, and engage in commerce or transportation of goods and services in and out of the navigable waters of the United States. The Merchant Marine primarily transports domestic and international cargo and passengers during peacetime, and operate and maintain deep-sea merchant ships, tugboats, towboats, ferries, dredges, excursion vessels, charter boats and other waterborne craft on the oceans, the Great Lakes, rivers, canals, harbors, and other waterways. In times of war, the Merchant Marine can be an auxiliary to the United States Navy, and can be called upon to deliver military personnel and materiel for the military.

<span class="mw-page-title-main">Flag of convenience</span> Registering a ship in a foreign country

Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.

The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.

<span class="mw-page-title-main">Worst Forms of Child Labour Convention</span> International Labour Organization Convention

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International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) sets minimum qualification standards for masters, officers and watch personnel on seagoing merchant ships and large yachts. STCW was adopted in 1978 by the International Maritime Organization (IMO) conference in London, and entered into force in 1984. The Convention was significantly amended in 1995 and 2010 entered into force on 1 January 2012.

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Seafarers' Identity Documents Convention (Revised), 2003 (C185) is an International Labour Organization Convention.

Accommodation of Crews Convention, 1970 is an International Labour Organization Convention. It was ratified by the ILO's Governing Body in Geneva October 14, 1970, as a supplement to the Accommodation of Crews Convention (Revised), 1949.

Labour Inspection (Seafarers) Convention, 1996 is an International Labour Organization Convention.

Recruitment and Placement of Seafarers Convention, 1996 is an International Labour Organization Convention.

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<span class="mw-page-title-main">Wiper (occupation)</span>

A wiper is a position responsible for both cleaning the engine spaces and machinery of a ship and assisting the ship's engineers as directed. Railroad workers who performed similar jobs were also known as wipers, or in the UK as "cleaners".

<span class="mw-page-title-main">Port state control</span> Mechanism for international shipping inspection

Port state control (PSC) is an inspection regime for countries to inspect foreign-registered ships in port other than those of the flag state and take action against ships that are not in compliance. Inspectors for PSC are called PSC officers (PSCOs), and are required to investigate compliance with the requirements of international conventions, such as SOLAS, MARPOL, STCW, and the MLC. Inspections can involve checking that the vessel is crewed and operated in compliance with applicable international law, and verifying the competency of the ship's master and officers, and the ship's condition and equipment.

<span class="mw-page-title-main">International Christian Maritime Association</span>

The International Christian Maritime Association (ICMA) is an ecumenical association of 26 Christian organisations, Protestant and Catholic, representing different churches and Christian communities actively engaged in welfare work for people who work at sea, including seafarers, fishers and the families of both. The Association is registered as a charity in the UK and, through its members, operates internationally.

Work in Fishing Convention (2007) C 188, was adopted at the 96th International Labour Conference (ILC) of the International Labour Organization ILO in 2007. The objectives of the Convention is to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. It applies to all fishers and fishing vessels engaged in commercial fishing operations. It supersedes the old Conventions relating to fishermen.

<span class="mw-page-title-main">Filipino seamen</span>

Filipino seamen, also referred to as Filipino seafarers or Filipino sailors, are seamen, sailors, or seafarers from the Philippines. Although, in general, the term "Filipino seamen" may include personnel from the Philippine Navy or the Philippine Marine Corps, it specifically refers to overseas Filipinos who are "sea-based migrant Filipino workers".

International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights.

<span class="mw-page-title-main">Stephen Cotton</span>

Stephen Cotton is the general secretary of the International Transport Workers’ Federation (ITF) – a global union federation of 677 trade unions representing 19.7 million workers in 149 countries in the seafaring, port, road, rail, tourism and aviation sectors. He was elected to the position at the 43rd ITF Congress held in Sofia, Bulgaria in 2014 and reelected at the 44th ITF Congress held in Singapore in 2018.

<span class="mw-page-title-main">Cleopatra Doumbia-Henry</span>

Dr. Cleopatra Doumbia-Henry is President of the World Maritime University. She is an international lawyer, a global leader on maritime law, labour standards and labour law, and law of international organizations. Dr. Doumbia-Henry is a distinguished academic in the field of international law and an international advocate for sustainability and innovation.

References

  1. 1 2 "Philippines ratification marks global milestone for decent work for seafarers". ILO. 20 August 2012. Retrieved 21 August 2012.
  2. 1 2 3 "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org. Retrieved 28 October 2019.
  3. 1 2 "Treaty text of the Maritime Labour Convention". ILO. Archived from the original on 20 April 2012. Retrieved 7 May 2012.
  4. 1 2 Global, Amity Marine (9 August 2019). "A Guide to Maritime Labour Convention (MLC), 2006 for Maritime Professionals".
  5. "Panama and Norway ratify Maritime Labour Convention". worldmaritimenews.com. 12 February 2009. Retrieved 30 October 2010. Together the five flags represent 43-cent of the world's shipping tonnage.
  6. 1 2 Lavelle, Jennifer. The Maritime Labour Convention 2006: International labour law redefined (PDF). London: Informa Law Routledge. Archived from the original (PDF) on 2 December 2014. Retrieved 25 November 2014.
  7. George Politakis. "ILO Maritime Labour Convention, 2006, Abstract" (PDF). International Foundation for the Law of the Sea. Archived from the original (PDF) on 12 December 2013. Retrieved 31 August 2012.
  8. "Maritime Labour Convention, 2006". Government of the United Kingdom . 16 August 2011. Retrieved 9 October 2011.
  9. "2007/431/EC: Council Decision of 7 June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation". Council of the European Union . Retrieved 30 October 2010.
  10. "Review of Maritime Transport 2021" (PDF). UNCTAD secretariat. Retrieved 18 April 2022.
  11. UK=0.6; Isle of Man=1.0; Bermuda=0.4; Cayman Islands=0.3; Gibraltar/British Virgin Islands/Falkland Islands=<0.3.
  12. "The International Labour Organization's Maritime Labour Convention (MLC, 2006) comes into force today". The Maritime Sun. 24 August 2013. Archived from the original on 27 August 2013. Retrieved 25 November 2014.
  13. "ILO: Release more than 150,000 seafarers trapped on board ships due to COVID-19". www.ilo.org. 8 June 2020.
  14. "Archived copy" (PDF). Archived from the original (PDF) on 6 June 2020. Retrieved 4 December 2020.{{cite web}}: CS1 maint: archived copy as title (link)
  15. "COVID-19 advice to ships". ITF Seafarers.
  16. De Beukelaer, Christiaan (2021). "COVID-19 border closures cause humanitarian crew change crisis at sea". Marine Policy. 132 (October): 104661. doi:10.1016/j.marpol.2021.104661. PMC   8462811 . PMID   34602714.