Maritime Labour Convention

MLC, C186
Maritime Labour Convention

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Ratifications of the Maritime Labour Convention
  Parties
  Ratification, convention not yet in force
  Instrument of ratification deposited, but not registered
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 80
Depositary Director-General of the International Labour Office
Languages French and English
Maritime Labour Convention at Wikisource

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".[2] 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).

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[3] (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 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 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 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.[4]

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 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.[6]

Ratifications

Parties
(cumulative by year)
Blue: Ratifications
Green: Parties

As of November 2016, the treaty has been ratified by 80 countries (excluding Lebanon, for which registration is pending the finalization 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.[7] 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.[2] 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.

Country Ratification Entry into force Notes % of world gross tonnage[8]
 Albania 28 October 2016 28 October 2017 0<0.3
 Algeria 22 July 2016 22 July 2017 0<0.3
 Antigua and Barbuda 11 August 2011 20 August 2013 21.0
 Argentina 28 May 2014 28 May 2015 0<0.3
 Australia 21 December 2011 20 August 2013 0<0.3
 Bahamas 11 February 2008 20 August 2013 25.0
 Bangladesh 6 November 2014 6 November 2015 0<0.3
 Barbados 20 June 2013 20 June 2014 0<0.3
 Belize 8 July 2014 8 July 2015 0<0.3
 Belgium 20 August 2013 20 August 2014 10.4
 Benin 13 June 2011 20 August 2013 0<0.3
 Bosnia and Herzegovina 18 January 2010 20 August 2013 0<0.3
 Bulgaria 12 April 2010 20 August 2013 0<0.3
 Canada 15 June 2010 20 August 2013 0<0.3
 Cape Verde 6 October 2015 6 October 2016 0<0.3
 Republic of the Congo 7 April 2014 7 April 2015 0<0.3
 China 12 November 2015 12 November 2016 not extended to Hong Kong 23.5
 Croatia 12 February 2010 20 August 2013 0<0.3
 Cyprus 20 July 2012 20 August 2013 22.0
 Denmark 23 June 2011 20 August 2013 including Faroe Islands (since 9 July 2014)
excluding Greenland		 21.1 (Danish International Ship Register)
 Fiji 10 October 2014 10 October 2015 0<0.3
 Finland 9 January 2013 9 January 2014 0<0.3
 France 28 February 2013 28 February 2014 Including New Caledonia 10.7
 Gabon 25 September 2014 25 September 2015 0<0.3
 Germany 16 August 2013 16 August 2014 21.4
 Ghana 16 August 2013 16 August 2014 0<0.3
 Greece 4 January 2013 4 January 2014 25.3
 Hungary 31 July 2013 31 July 2014 0<0.3
 India 9 October 2015 9 October 2016 21.2
 Iran 11 June 2014 11 June 2015 0<0.3
 Ireland 21 July 2014 21 July 2015 0<0.3
 Italy 19 November 2013 19 November 2014 21.4
 Japan 5 August 2013 5 August 2014 21.4
 Jordan 27 April 2016 27 April 2017 0<0.3
 Kenya 31 July 2014 31 July 2015 0<0.3
 South Korea 9 January 2014 9 January 2015 21.6
 Kiribati 24 October 2011 20 August 2013 0<0.3
 Latvia 12 August 2011 20 August 2013 0<0.3
 Lebanon 18 February 2013 no declaration 0<0.3
 Liberia 7 June 2006 20 August 2013 311.1
 Lithuania 20 August 2013 20 August 2014 0<0.3
 Luxembourg 19 September 2011 20 August 2013 0<0.3
 Malaysia 20 August 2013 20 August 2014 0<0.3
 Maldives 7 October 2014 7 October 2015 0<0.3
 Malta 21 January 2013 21 January 2014 24.4
 Marshall Islands 25 September 2007 20 August 2013 26.1
 Mauritius 30 May 2014 30 May 2015 0<0.3
 Mongolia 1 September 2015 1 September 2016 0<0.3
 Montenegro 3 February 2015 3 February 2016 0<0.3
 Morocco 10 September 2012 10 September 2013 0<0.3
 Myanmar 25 May 2016 25 May 2017 0<0.3
 Netherlands 13 December 2011 20 August 2013 only the European part of the Kingdom and (since 14 April 2015) Curaçao 10.6
 New Zealand 9 March 2016 9 March 2017 0<0.3
 Nicaragua 20 December 2013 20 December 2014 0<0.3
 Nigeria 18 June 2013 18 June 2014 0<0.3
 Norway 10 February 2009 20 August 2013 21.5 (Norwegian International Ship Register)
 Palau 29 May 2012 20 August 2013 0<0.3
 Panama 6 February 2009 20 August 2013 322.6
 Philippines 20 August 2012 20 August 2013 10.6
 Poland 3 May 2012 20 August 2013 0<0.3
 Romania 24 November 2015 24 November 2016 0<0.3
 Russia 20 August 2012 20 August 2013 10.6
 Saint Kitts and Nevis 21 February 2012 20 August 2013 0<0.3
 Saint Vincent and the Grenadines 9 November 2010 20 August 2013 10.6
 Samoa 21 November 2013 21 November 2014 0<0.3
 Serbia 15 March 2013 15 March 2014 0<0.3
 Seychelles 7 January 2014 7 January 2015 0<0.3
 Singapore 15 June 2011 20 August 2013 24.8
 Slovenia 15 April 2016 15 April 2017 0<0.3
 South Africa 20 June 2013 20 June 2014 0<0.3
 Spain 4 February 2010 20 August 2013 0<0.3
 Sweden 12 June 2012 20 August 2013 0<0.3
  Switzerland 21 February 2011 20 August 2013 0<0.3
 Thailand 6 June 2016 6 June 2017 0<0.3
 Togo 14 March 2012 20 August 2013 0<0.3
 Tuvalu 16 February 2012 20 August 2013 0<0.3
 United Kingdom 7 August 2013 7 August 2014 extended to Bermuda, Cayman Islands, Isle of Man, and Gibraltar 23.8[9]
 Vietnam 8 May 2013 8 May 2014 10.4
Ratifications: 80 In force: 71 Total: 87%

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.[10] 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.[4]

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 "Treaty text of the Maritime Labour Convention". ILO. Retrieved 7 May 2012.
  3. ↑ "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.
  4. 1 2 Lavelle, Jennifer. The Maritime Labour Convention 2006: International labour law redefined (PDF). London: Informa Law Routledge. Retrieved 25 November 2014.
  5. ↑ George Politakis. "ILO Maritime Labour Convention, 2006, Abstract" (PDF). International Foundation for the Law of the Sea. Retrieved 31 August 2012.
  6. ↑ "Maritime Labour Convention, 2006". Government of the United Kingdom. 16 August 2011. Retrieved 9 October 2011.
  7. ↑ "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.
  8. ↑ "Review of Maritime Transport 2010" (PDF). UNCTAD secretariat. Retrieved 23 August 2011.
  9. ↑ UK=1.4; Isle of Man=1.3; Bermuda=0.8; Cayman Islands=0.3; Gibraltar=<0.3.
  10. ↑ "The International Labour Organization's Maritime Labour Convention (MLC, 2006) comes into force today". The Maritime Sun. 24 August 2013. Retrieved 25 November 2014.
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