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 97 per cent).
Maritime Labour Convention | |
---|---|
Drafted | 7 February 2006 |
Signed | 23 February 2006 |
Location | Geneva |
Effective | 20 August 2013[1] |
Condition | 30 ratifications; representing 33% of gross tonnage of ships |
Parties | 108[2] |
Depositary | Director-General of the International Labour Organization |
Languages | French and English |
Full text | |
Maritime Labour Convention at Wikisource |
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 97 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.
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]
The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:
The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.
The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.
Title 4 consists of 5 regulations about health, liability, medical care, welfare and social security.
Title 5 sets standards to ensure compliance with the convention. The title distinguishes requirements for flag state and port state control.
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]
As of November 2024, the treaty has been ratified by 108[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]
Country | Ratification | Entry into force | Notes | % of world gross tonnage[10] |
---|---|---|---|---|
Albania | 28 October 2016 | 28 October 2017 | <0.3 | |
Algeria | 22 July 2016 | 22 July 2017 | <0.3 | |
Antigua and Barbuda | 11 August 2011 | 20 August 2013 | 0.3 | |
Argentina | 28 May 2014 | 28 May 2015 | <0.3 | |
Australia | 21 December 2011 | 20 August 2013 | <0.3 | |
Bahamas | 11 February 2008 | 20 August 2013 | 5.0 | |
Bangladesh | 6 November 2014 | 6 November 2015 | <0.3 | |
Barbados | 20 June 2013 | 20 June 2014 | <0.3 | |
Belize | 8 July 2014 | 8 July 2015 | <0.3 | |
Belgium | 20 August 2013 | 20 August 2014 | 0.4 | |
Benin | 13 June 2011 | 20 August 2013 | <0.3 | |
Bosnia and Herzegovina | 18 January 2010 | 20 August 2013 | <0.3 | |
Bulgaria | 12 April 2010 | 20 August 2013 | <0.3 | |
Brazil | 7 May 2020 | 7 May 2021 | <0.3 | |
Canada | 15 June 2010 | 20 August 2013 | <0.3 | |
Cape Verde | 6 October 2015 | 6 October 2016 | <0.3 | |
Chile | 22 February 2018 | 22 February 2019 | <0.3 | |
Republic of the Congo | 7 April 2014 | 7 April 2015 | <0.3 | |
China | 12 November 2015 | 12 November 2016 | including Hong Kong (since 20 August 2018) | 14.6 |
Comoros | 18 February 2024 | 18 February 2025 | <0.3 | |
Cook Islands | 18 December 2019 | 18 December 2020 | <0.3 | |
Croatia | 12 February 2010 | 20 August 2013 | <0.3 | |
Cyprus | 20 July 2012 | 20 August 2013 | 1.6 | |
Denmark | 23 June 2011 | 20 August 2013 | including Faroe Islands (since 9 July 2014) excluding Greenland |
1.2 (Danish International Ship Register) |
Djibouti | 20 July 2018 | 20 July 2019 | <0.3 | |
Egypt | 7 June 2024 | 7 June 2025 | <0.3 | |
Ethiopia | 28 March 2019 | 28 March 2020 | <0.3 | |
Fiji | 10 October 2014 | 10 October 2015 | <0.3 | |
Finland | 9 January 2013 | 9 January 2014 | <0.3 | |
France | 28 February 2013 | 28 February 2014 | Including New Caledonia | <0.4 |
Gabon | 25 September 2014 | 25 September 2015 | <0.3 | |
Gambia | 29 November 2018 | 29 November 2019 | <0.3 | |
Georgia | 14 February 2024 | 14 February 2025 | <0.3 | |
Germany | 16 August 2013 | 16 August 2014 | 0.4 | |
Ghana | 16 August 2013 | 16 August 2014 | <0.3 | |
Greece | 4 January 2013 | 4 January 2014 | 3.0 | |
Grenada | 12 November 2018 | 12 November 2019 | <0.3 | |
Guinea-Bissau | 10 June 2024 | 10 June 2025 | <0.3 | |
Hungary | 31 July 2013 | 31 July 2014 | <0.3 | |
Iceland | 4 April 2019 | 4 April 2020 | <0.3 | |
India | 9 October 2015 | 9 October 2016 | 0.8 | |
Indonesia | 12 June 2017 | 12 June 2018 | 1.3 | |
Iran | 11 June 2014 | 11 June 2015 | 1.0 | |
Iraq | 22 March 2023 | 22 March 2024 | <0.3 | |
Ireland | 21 July 2014 | 21 July 2015 | <0.3 | |
Italy | 19 November 2013 | 19 November 2014 | 0.5 | |
Jamaica | 13 June 2017 | 13 June 2018 | <0.3 | |
Japan | 5 August 2013 | 5 August 2014 | 1.8 | |
Jordan | 27 April 2016 | 27 April 2017 | <0.3 | |
Kenya | 31 July 2014 | 31 July 2015 | <0.3 | |
South Korea | 9 January 2014 | 9 January 2015 | 0.7 | |
Kiribati | 24 October 2011 | 20 August 2013 | <0.3 | |
Latvia | 12 August 2011 | 20 August 2013 | <0.3 | |
Lebanon | 18 February 2013 | 9 March 2019 | <0.3 | |
Liberia | 7 June 2006 | 20 August 2013 | 14.1 | |
Lithuania | 20 August 2013 | 20 August 2014 | <0.3 | |
Luxembourg | 19 September 2011 | 20 August 2013 | <0.3 | |
Madagascar | 15 June 2023 | 15 June 2024 | <0.3 | |
Malaysia | 20 August 2013 | 20 August 2014 | 0.5 | |
Maldives | 7 October 2014 | 7 October 2015 | <0.3 | |
Malta | 21 January 2013 | 21 January 2014 | 5.5 | |
Marshall Islands | 25 September 2007 | 20 August 2013 | 12.8 | |
Mauritius | 30 May 2014 | 30 May 2015 | <0.3 | |
Mongolia | 1 September 2015 | 1 September 2016 | <0.3 | |
Montenegro | 3 February 2015 | 3 February 2016 | <0.3 | |
Morocco | 10 September 2012 | 10 September 2013 | <0.3 | |
Mozambique | 25 May 2021 | 25 May 2022 | <0.3 | |
Myanmar | 25 May 2016 | 25 May 2017 | <0.3 | |
Netherlands | 13 December 2011 | 20 August 2013 | only the European part of the Kingdom and (since 14 April 2015) Curaçao | 0.3 |
New Zealand | 9 March 2016 | 9 March 2017 | <0.3 | |
Nicaragua | 20 December 2013 | 20 December 2014 | <0.3 | |
Nigeria | 18 June 2013 | 18 June 2014 | <0.3 | |
Norway | 10 February 2009 | 20 August 2013 | 1.0 (Norwegian International Ship Register) | |
Oman | 29 March 2022 | 29 March 2023 | <0.3 | |
Palau | 29 May 2012 | 20 August 2013 | <0.3 | |
Panama | 6 February 2009 | 20 August 2013 | 16.1 | |
Philippines | 20 August 2012 | 20 August 2013 | 0.3 | |
Poland | 3 May 2012 | 20 August 2013 | <0.3 | |
Romania | 24 November 2015 | 24 November 2016 | <0.3 | |
Russia | 20 August 2012 | 20 August 2013 | 0.5 | |
Saint Kitts and Nevis | 21 February 2012 | 20 August 2013 | <0.3 | |
Saint Vincent and the Grenadines | 9 November 2010 | 20 August 2013 | <0.3 | |
Samoa | 21 November 2013 | 21 November 2014 | <0.3 | |
San Marino | 30 March 2022 | 30 March 2023 | <0.3 | |
Serbia | 15 March 2013 | 15 March 2014 | <0.3 | |
Seychelles | 7 January 2014 | 7 January 2015 | <0.3 | |
Senegal | 19 September 2019 | 19 September 2020 | <0.3 | |
Sierra Leone | 29 March 2022 | 29 March 2023 | <0.3 | |
Singapore | 15 June 2011 | 20 August 2013 | 6.4 | |
Slovakia | 17 May 2018 | 17 May 2019 | <0.3 | |
Slovenia | 15 April 2016 | 15 April 2017 | <0.3 | |
South Africa | 20 June 2013 | 20 June 2014 | <0.3 | |
Spain | 4 February 2010 | 20 August 2013 | flag register of Madeira | 1.1 |
Sri Lanka | 12 January 2017 | 12 January 2018 | <0.3 | |
Sudan | 4 October 2019 | 4 October 2020 | <0.3 | |
Sweden | 12 June 2012 | 20 August 2013 | <0.3 | |
Switzerland | 21 February 2011 | 20 August 2013 | <0.3 | |
Syria | 6 April 2023 | 6 April 2024 | <0.3 | |
Tanzania | 3 April 2019 | 3 April 2020 | <0.3 | |
Thailand | 6 June 2016 | 6 June 2017 | <0.3 | |
Togo | 14 March 2012 | 20 August 2013 | <0.3 | |
Tunisia | 5 April 2017 | 5 April 2018 | <0.3 | |
Tuvalu | 16 February 2012 | 20 August 2013 | <0.3 | |
United Kingdom | 7 August 2013 | 7 August 2014 | extended to Bermuda, British Virgin Islands, Cayman Islands, Isle of Man, Gibraltar, Falkland Islands | 2.3[11] |
Vietnam | 8 May 2013 | 8 May 2014 | 0.5 | |
Ratifications: 108 | In force: 104 | Total: 96.6% |
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).
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]
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]
Together the five flags represent 43-cent of the world's shipping tonnage.
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