The Maritime Labour Convention: from celebration to implementation

When the International Labour Organization (ILO)’s new Maritime Labour Convention, 2006 came into force on 20 August 2013, we attained a historic milestone in the history of the maritime sector and international labour standards.

It was a day to celebrate: for the first time, we have a ‘bill of rights’ for the world’s estimated 1.5 million seafarers that also ensures a level playing field for quality shipowners, at once guaranteeing that both workers and employers are literally ‘on board’ for this new standard.

Five years in the making and seven years of concentrated effort by the ILO, governments, shipowners’ and seafarers’ organisations, as well as the broader industry, have brought us to this point.

The new Convention is a win-win for the entire industry. So what are the next steps?

Now more than ever, we all need work together to make the MLC, 2006, as it is known, a success through increased ratifications and effective implementation. So far, there are many encouraging signs that this is happening and picking up steam.

The MLC, 2006 has become binding international law for the first 30 countries that ratified as of 20 August last year, and will progressively become so for many additional states within one year after their ratification is registered by the ILO.

This is already so for the 17 countries whose ratification was registered between 21 August, 2012 and 20 August, 2013. To date, nearly 50 ILO member states representing over 75 per cent of global gross shipping tonnage have ratified the Convention, and the pace is accelerating. Seven ratifications have come in within the past 10 days alone.

Strong support

The Convention has strong support from the International Transport Workers’ Federation (ITF), the International Chamber of Shipping (ICS) and the International Shipping Federation (ISF).

MLC, 2006 has also received strong support from the International Maritime Organization (IMO), which oversees a global shipping sector that moves some 90 per cent of world trade.

The European Union has adopted Directives to give effect to the Convention while the Paris Memorandum of Understanding (MoU) and the Tokyo MoU organisations have adopted MLC, 2006 compliant guidelines to strengthen port State control inspections.

Many of the ratifying countries have developed implementation plans, or are in the process of doing so.

Such plans include updating national laws, undertaking inspection and certification of ships, promoting tripartite social dialogue among governments, employers and workers in the maritime sector, and taking other measures.

Shipowners are sensitising and training their staff and ship officers and seafarers are becoming increasingly aware of their Bill of Rights.

Advantages

This is happening because there are many advantages to implementing the MLC, 2006. It is in the clear interest of all countries and stakeholders of the industry who should enjoy the benefits that ratification and implementation brings.

The MLC, 2006 contains an important new compliance and enforcement component based on a flag state ship inspection and a certification system for labour compliance as well port state control inspection.

It protects countries that have ratified the Convention against unfair competition through the enforcement of the “no more favorable treatment” clause against ships of non-ratifying countries.

The Convention simplifies reporting obligations for governments, will improve productivity and will contribute to safe shipping and the protection of the marine environment.

Importantly, the MLC, 2006 opens new avenues for employment for women and youth and has a huge potential for creating jobs.

As one of the most gender-sensitive Conventions ever adopted by the ILO, it contains provisions that will also help open possibilities for women in this male-dominated profession. It is also being linked to programmes for creating youth employment in the shipping sector.

Implementation

To support implementation, the ILO has developed resources such as guidelines for port state and flag state control officers carrying out inspections and on medical examinations of seafarers; handbooks on implementing the Convention; model national legal provisions; guidelines on social security for seafarers; workshops to assist national legal counsel and officials involved with ratification and national legal implementation; and a Maritime Labour Academy at the ILO International Training Centre in Turin, Italy to provide a comprehensive range of training activities.

Is universal ratification by maritime countries possible? It is possible, it is important and it can happen. ILO Director-General Guy Ryder has called on all countries with a maritime interest to ratify – if they have not yet done so – and urged governments and ship owners to work effectively to implement this Convention.

And we will continue to work with governments, seafarers, ship owners and other key actors in the maritime industry to help ensure that the goals of the MLC, 2006 are achieved.