Maritime Labour Convention 2006

The Maritime Labour Convention is an International Labour Convention adopted by the International Labour Organisation (ILO) on February 23, 2006 and came into forced on September 2013 as the adoption criteria that were met in August 2012 (ILO, 2006). The Maritime Labour Convention (MLC) is a consolidation of past international labour standards which covers international Labour standards which cover 1.2 million seafarers worldwide and acts as the fourth pillar of shipping regulation as set out by the International Maritime Organisation (IMO).

As the ILO states, ‘the Convention aims to achieve both decent work for seafarers and secure economic interests in fair competition for quality ship owners’ (ILO, 2006). The IMO have also been diligent in adopting conventions in implementing standards to guarantee the protection of seafarers while at work; Safety of Life at Sea ( SOLAS) and the Standards for Training, Certification and Watchkeeping for Seafarers’ (STCW). SOLAS is one of the primary importance to seafarers as its provisions require flag states to certify that their vessels are in full compliance with SOLAS and further mandates a certification system to ascertain compliance. The STCW also remains relevant to the rights of seafarers in that it prescribes the basic standards for the training and certification of these workers. In ensuring that implementation is universal, the STCW also requires that non-signatory vessels are also subject to inspection by port state authorities.

 The MLC consists of three parts: Articles, Regulations and Codes, whereby Part A is mandatory and Part B is non-mandatory. These three parts then form sixteen articles and five titles which refer to a specific topic:

Title 1: Minimum requirements for seafarers to work on a ship.

Title 2: Conditions of employment

Title 3: Accommodation, recreational facilities, food and catering.

Title 4: Health protection, medical care, welfare and social protection.

Title 5: Compliance and enforcement.

The Article is the back bone of the Maritime Labour Convention which set out the fundamental principles. According to Peter Payayo (2009, p. 387) notes, the mantra of the Maritime Labour Convention is ‘Firmness with respect to rights, Flexibility with respect to implementation’. In the shipping industry, there are three competing interests in international law, they are namely the flag States, port States and coastal States.