Drafted 7 February 2006 Location Geneva Parties 80 | Signed 23 February 2006 Effective 20 August 2013 | |
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Condition 30 ratifications; representing 33% of gross tonnage of ships | ||
The Maritime Labour Convention (MLC) is an International Labour Organization convention 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". 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 states flying the flag of state party (flag states, as of 2013: 50 per cent).
Contents
- Content and organisation
- Title 1 Minimum requirements for seafarers to work on a ship
- Title 2 Employment conditions
- Title 3 Accommodation Recreational Facilities Food and Catering
- Title 4 Health Protection Medical Care Welfare and Social Security Protection
- Title 5 Compliance and Enforcement
- Negotiations
- Ratifications
- Effect on other conventions
- Criticism
- References
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. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage (which is over 33 per cent; the second requirement for entry into force). As of November 2016, the convention has been ratified by 80 states representing over 87 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 organisation
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 Standards, which are further specified in mandatory Regulations (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 should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.
Some seafarers criticise 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.
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 summarised 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 standers to ensure compliance with the convention. The title distinguishes requirements for flag states and port states.
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.
Ratifications
As of November 2016, the treaty has been ratified by 80 countries (excluding Lebanon, for which registration is pending the finalisation of formalities), 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. 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 Organisation, 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 May 2016, 23 countries had done so, while Croatia did so before it entered the European Union. 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.
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 will close 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. 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.