Compliance

The MLC Convention, 2006 effectively boosts the role of social partners (representative organisations of seafarers and shipowners) and not just ratifying states. Ratifying states need to consult with social partners when seeking to implement or amend Convention standards. A special Tripartite Committee has been created under Article XIII which will monitor the application of the Convention standards in member states where there is no tripartite structure, as to ensure adherence by the relevant member state.

Ratifying states need to ensure that seafarers and ships within their jurisdication meet the employment and social standards, including control over seafarer recruitment and placement agencies. The flag state is responsible for labour conditions, crewing and social standards on board vessels that fly its flag. An effective system for inspecting and certifying these standards are met needs to be established by ratifying states.

Consideration must also be given to the fact that seafarers are equal before the law and are entitled equal protection, and they should not be discriminated against in their access to courts, tribunals or other methods of dispute resolution.

Ratifying states also need to ensure all ships flying its flag have fair, effective and speedy onboard and onshore complaints procedures for seafarers which allege breaches of the Convention, and any victimisation of complainants will be prohibited and transgressors will be penalised.