The Maritime Labour Convention 2006 and the Seafarer
The International Labour Organisation's (ILO) Maritime Labour Convention (MLC, 2006) provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers.
Advertisement
The Convention aims at achieving both decent work for seafarers and securing economic interests in fair competition for quality ship owners. It is estimated that 90 per cent of world trade is carried on ships, therefore seafarers are essential to international trade and the economic system.
The new labour standard consolidates and updates more than 68 existing ILO Conventions and Recommendations into one universally acceptable international labour standard related to the maritime sector adopted over the last 80 years.
The Convention which was the result of a five-year process of intense international consultation started in 2001 by the international seafarers’ and ship owners’ organisations and supported by governments.
It was adopted on February 23, 2006, setting out seafarers' rights to decent working and living conditions when serving on a ship to which the Convention applies. It has been designed to become a global instrument known as the "fourth pillar" of the international regulatory regime for quality shipping.
The Maritime Labour Convention (MLC 2006) will allow seafarers to address their concerns when their conditions do not meet the requirements as laid out by the Convention.
The Convention complements some of the key Conventions of the International Maritime Organisation (IMO) such as the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended, the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG) as amended, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, (STCW) as amended.
It further takes cognisance of the provisions of Article 94 of the United Nations Convention of the Law of the Sea, 1982 (UNCLOS) which establishes the duties and obligations of flag States with regards to, inter alia, labour conditions, crewing and social matters on ships that fly their flags.
While taking an international approach, MLC, 2006 will among other things:
• Set minimum standards for seafarers to work on board
• Address conditions of employment, accommodation, recreational facilities, food and catering, medical care, welfare and social security
• Promote compliance by operators and owners while preparing their Declaration of Maritime Compliance Part 1 for individual ships
• Be enforced onboard through Title 5, verification and certification systems along with provisions for handling seafarers' complaints both onboard and ashore.
Application and Structure of the Convention
The Maritime Labour Convention (MLC, 2006) applies to all seafarers (Article II-2), all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing and ships of traditional build such as dhows and junks. It does not apply to warships or naval auxiliaries (Article II-4).
The Convention is organised into three main parts:
1. The articles which set the key principles and obligations (Article I to XVI).
2. The Regulations which incorporate the core requirements supported by the Code. The Regulations reflect the issues to be addressed or incorporated in Member States' national law prior to the Member State ratifying the Convention.
3. The Code, which is divided into Part A and Part B. Part A sets the standards which are mandatory and Part B, which is not mandatory, but provides guidelines for the implementation of Part A.
Ratification
For the Convention to come into force, Article VIII-3 states: "this Convention shall come into force 12 months after the date on which there have been registered ratifications by at least 30 Members with a total share in the world gross tonnage of ships of 33 per cent". The Philippines on August 20, 2012 became the 30th country to ratify the MLC, 2006, bringing to a total nearly 60 per cent of world tonnage. It is worth noting that by the end of 2009 when the first five countries had ratified the Convention, the other requirement, ("that ratifying countries represent 33 per cent of the world’s gross shipping tonnage") was met.
With the ratification of the Philippines, the Convention will therefore come into effect on August 20, 2013, 12 months after this date. Currently, there are a total of 35 countries that have ratified the Convention representing 68.8 per cent of world tonnage.
Advantages of MLC, 2006 to seafarers
The advantages of the ILO Maritime Labour Convention (MLC, 2006) to seafarers are as follows:
• A comprehensive set of basic maritime labour principles and rights as well as ILO fundamental rights
• Convention spells out in one place and clear language seafarers’ basic employment rights
• Seafarers better informed of their rights and of remedies available
• Improved enforcement of minimum working and living conditions
• Right to make complaints both on board and ashore
• Clear identification of who is the shipowner with overall responsibility, for the purposes of this Convention
Conclusion
For the Ghanaian seafarer, the coming into effect of the MLC, 2006 should be welcome news since it provides a "safety net" for them. Ghana no longer has national shipping lines, yet due to the existence of the Regional Maritime University (formerly Ghana Nautical College) on Ghanaian soil, Ghanaian seafarers are being trained in their hundreds annually. There are an estimated 2,000 Ghanaian seafarers (officers and ratings) today who are employed on foreign-flag ships and their working conditions need to be protected/secured.
Currently, all Ghanaian seafarers depend on Seafarer Recruitment Agencies for their employment with these foreign companies. Since there is no national regulatory framework in respect of these agencies, the Ghanaian seafarer is left at the mercies of these agencies resulting in the numerous problems the seafarers face whilst working on board these foreign ships.
Ghana in ratifying the Maritime Labour Convention (MLC, 2006) will therefore create the legislative framework for the Seafarer Recruitment Agencies in Ghana to be properly regulated and audited periodically to ensure that their services to the Ghanaian seafarers comply fully with the provisions of the Convention.
Highlights of which are the minimum requirements for almost all aspects of working conditions, including conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection.
Ratification of the Convention by Ghana will also place her in a position to inspect all ships that call in Ghanaian ports to ensure that seafarers working on those ships are also working under conditions stipulated in the MLC, 2006.
Any verifiable infringement of the provisions of the Conventions during those inspections/audits will then attract the necessary sanctions as stipulated in the Convention including but not limited to the detention of subject ship until deficiencies are rectified.
Should Ghana not ratify the Maritime Labour Convention (MLC, 2006) before August 20, 2013, the date on which the Convention comes into effect, the implications for Ghanaian seafarers are that foreign companies that employ them may have to look elsewhere for their manpower needs.
This is because of the provisions of Article V-5 which states; "Each Member shall effectively exercise its jurisdiction and control over seafarer recruitment and placement services established in its territory". In exercising this jurisdiction and control over the seafarer and recruitment agencies.
Members are to promulgate national laws and regulations that give full effect to the MLC, 2006. The required national laws and regulations should include procedures for the inspection/auditing and certification of these seafarer recruitment and placement agencies before that can operate.
These provisions are clearly elaborated in Regulation 1.4-2; Standard A1.4 and Guideline B1.4 of the Convention.
If Ghanaian seafarers are to continue working on board these foreign flag ships, then Ghana needs to take urgent steps to ratify the Maritime Labour Convention (MLC, 2006) as soon as possible.
Article by Captain Kwame Deynu
The writer is a senior maritime officer, Ghana Maritime Authority, Accra.
Email: [email protected]