Maritime Labour Convention 2006
The new Convention is seen as having two primary purposes:
- to bring the system of protection contained in existing labour standards closer to the workers concerned, in a form consistent with the rapidly developing, globalised sector;
- to improve the applicability of the system so that shipowners and governments interested in providing decent conditions of work do not have to bear an unequal burden in ensuring protection.
The Convention was adopted by a record vote of 314 in favour and none against (two countries abstained for reasons unrelated to the substance of the Convention), after nearly two weeks of detailed review by over 1,000 participants drawn from 106 countries. This almost unprecedented level of support reflects the lengthy tripartite consultation exercise and the unswerving support that has been shown for it by the governments and workers and employers who have worked together since 2001 to develop the Convention text. It will also achieve near universal ratification because of its blend of firmness on rights and flexibility with respect to approaches to implementation of the more technical requirements and because of the advantages it gives to the ships of countries that ratify it.
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The Maritime Labour Convention 2006
The Convention is organised into three main parts: the Articles coming first set out the broad principles and obligations.
This is followed by the more detailed Regulations and Code (with two parts: Parts A and B) provisions.
The Regulations and the Standards (Part A) and Guidelines (Part B) in the Code are integrated and organised into general areas of concern under five Titles:
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 Security Protection
Title 5: Compliance and Enforcement.
These five Titles essentially cover the same subject matter as the existing 68 maritime labour instruments, updating them where necessary.
It occasionally contains new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks.
The provisions relating to flag State inspections, the use of recognised organisations” and the potential for inspections in foreign ports (port State control) in Title 5 are based on existing maritime labour Conventions; however, the new Convention builds upon them to develop a more effective approach to these important issues, consistent with other international maritime Conventions that establish standards for quality shipping with respect to issues such as ship safety and security and protection of the marine environment.
The Convention does not apply to:
- ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;
- ships engaged in fishing;
- ships of traditional build such as dhows and junks;
- warships or naval auxiliaries.
Entry into Force
This Convention shall come into force for any Member 12 months after the date on which its ratification has been registered by at least 30 members with a total share in the gross tonnage of ships of 33%.”
To date the following countries have ratified the Convention :
Bahamas
Marshall Islands
Liberia
Panama
Norway
Bosnia and Herzegovina
Spain
Croatia
(Last updated : 23 February 2010)
This is a much higher than the usual ratification level (for ILO Conventions) and it uses a new formula that is intended to assure greater actual impact of the Convention. It reflects the fact that the enforcement and compliance system established under the Convention needs widespread international cooperation in order to be effective. Since many of the obligations under the Convention are directed to shipowners and flag States it is important that ILO Members with a strong maritime interest and a high level of tonnage operating under their legal jurisdiction ratify the Convention.
The existing ILO maritime labour Conventions will be gradually phased out as ILO Member States that have ratified those Conventions ratify the new Convention, but there will be a transitional period when some parallel Conventions will be in force. Countries that ratify the Maritime Labour Convention, 2006 will no longer be bound by the existing Conventions when the new Convention comes into force for them. Countries that do not ratify the new Convention will remain bound by the existing Conventions they have ratified, but those Conventions will be closed to further ratification.
Enforcement
The new Convention is intended to achieve more compliance by operators and owners of ships and to strengthen enforcement of standards through mechanisms which operate at all levels.
For example, it contains provisions for:
- complaint procedures available to seafarers;
- shipowners’ and shipmasters’ supervision of conditions on their ships;
- flag States’ jurisdiction and control over their ships;
- port State inspections of foreign ships.
- By requiring ratifying Members not only to implement the Convention in the national laws but also to document their implementation, the Convention should also enhance the effectiveness of the supervision carried out at the international level, especially by the competent bodies of the ILO.
Advantages for those ships of ratifying countries
The ships of ratifying countries that provide decent conditions of work for their seafarers will have protection against unfair competition from substandard ships and will benefit from a system of certification, avoiding or reducing the likelihood of lengthy delays related to inspections in foreign ports.
Useful links:
The MLC 2006
Frequently asked Questions
Flag State Guidelines 
(PDF 399KB)
Port State Guidelines (PDF 320KB)
Declaration of Maritime Labour Compliance Certificate (Example Only) 
(99KB)
Contact Details :
| Neil Atkinson - Survey Operations Manager | Tel : 02380 329 549 |
| Julie Carlton - Head of Seafarer Safety & Health Branch | Tel : 02380 329 216 |
