Maritime Labour Convention, 2006: FAQ's

Q: Why is a new Convention needed?
A: Seafarers, shipowners, organisations and governments have pointed out that the shipping sector is genuinely a global industry which needs regulations and standards that apply across the board.

Substandard shipping is common and therefore a level playing field is needed setting decent standards together with strong enforcement that will help eliminate the problem.

Q: Does the new Convention encompass any new law?
A: The Maritime Labour Convention essentially covers the same subjects as existing maritime labour conventions (though it is updated), but it does cover new areas relating to issues such as occupational safety and health. Other than containing updated legislation, the Convention develops an effective approach to compliance.

Q:Are the standards in the new Convention lower than existing maritime labour laws?
A: No, definitely not. And member states are not permitted to lower standards if their national requirements are higher.

Q: How does the new Convention make it easier for countries to ratify and implement?
A: Flexibility is possible but only where tripartism (social dialogue and partnership) has taken place. Governments are required to consult with workers' and employers' organisations to ensure that the MLC's requirements are achieved.

There are specific areas in the Convention which allow some flexibility in terms of how countries will implement it. More information can be found by visiting the ILO website.

Q: How can the Maritime Labour Convention, 2006 achieve the aim of near universal ratification?
A: This is because the Convention was adopted by a record vote of 314 in favour and none against (two countries abstained for reasons unrelated to the Convention), after nearly two weeks of detailed review by over 1,000 participants drawn from 106 countries.

The aim of near universal ratification is also possible due to its firmness and flexibility with respect to approaches to implementation of more technical requirements, and the advantages it gives ships of countries that ratify it.

Q: What are the advantages for ships of ratifying countries?
A: Ships that provide decent working conditions for seafarers will have protection against unfair competition from substandard shipping and will benefit from certification. The likelihood of lengthy delays related to inspections in foreign ports is also reduced or may be avoided altogether.

Q: How will the Convention improve compliance and enforcement?
A: The aim is to establish continuous 'compliance awareness' at every stage. All seafarers have to be properly informed of their rights and of the remedies available in case of alleged non-compliance - both on board ship and ashore.

Shipowners that own or operate ships of 500 gross tonnage and above, engaged in international voyages or voyages between foreign ports, have to ensure that the applicable national laws, regulations or other measures to implement the Convention are being complied with.

Masters are responsible for carrying out the shipowners’ strategy and retaining sufficient records to evidence implementation of the requirements of the Convention.

Inspections for ships above 500 gross tonnage that are engaged in international voyages or voyages between foreign ports, the flag State (or recognised organisation on its behalf) will review the shipowners’ plans and certify that they are in place. Ships will then be required to carry a maritime labour certificate and a declaration of maritime labour compliance.

Flag States will also be expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships that are not covered by the certification system.

Quality assessments by the flag states of the effectiveness of their national systems of compliance and their reports to the ILO under article 22 of the Constitution will need to provide information on inspection and certification systems, including methods of implementation.

The system is further reinforced by voluntary measures for inspections in foreign ports (port State control).