A16. How does the MLC, 2006 make it easier for countries to ratify it and to implement its requirements?

Both the Constitution of the ILO ²⁰ and many ILO Conventions seek to take account of national circumstances and provide for some flexibility in the application of Conventions, with a view to gradually improving protection of workers, by taking into account the specific situation in some sectors and the diversity of national circumstances. Flexibility is usually based on principles of tripartism, transparency and accountability. When flexibility with respect to the implementation of a Convention is exercised by a government it usually involves consultation with the workers’ and employers’ organizations concerned, with any determinations that are made reported to the ILO by the government concerned. This is seen as a necessary and important approach to ensuring that all countries, irrespective of national circumstances, can engage with the international legal system and that international obligations are respected and implemented, to the extent possible, while also making efforts to improve conditions. This is particularly important for an international industry such as shipping. The MLC, 2006 generally follows this approach as well as also providing for additional flexibility, relevant to the sector, at a national level.

The Convention seeks to be “firm on rights and flexible on implementation”. The MLC, 2006 sets out the basic rights of seafarers to decent work in firm statements, but leaves a large measure of flexibility to ratifying countries as to how they will implement these standards for decent work in their national laws.

The areas of flexibility in the MLC, 2006 include the following:

■ unless specified otherwise in the Convention, national implementation may be achieved in a variety of different ways, and not necessarily through legislation [see A8.];

■ many of the mandatory technical requirements in previous maritime Conventions, which had created difficulties for some governments interested in ratifying, have been placed in Part B of the Code of the MLC, 2006 [see A12.];

■ in certain circumstances, implementation of the mandatory Standards in Part A of the Code (other than Title 5) may also be achieved through measures which are “substantially equivalent” [see A11.];

■ in certain circumstances, the application of details in the Code may be relaxed for some smaller ships – less than 200 GT that do not go on international voyages [see B7.];

■ while all ships covered by the Convention must be inspected for compliance with its requirements [see C5.2.3.a.], flag State administrations are not required to certify ships less than 500 GT unless the shipowner concerned requests certification [see C5.2.3.d.];

■ the MLC, 2006 expressly recognizes that some flag States may make use of recognized organizations such as classification societies to carry out aspects of the ship inspection and certification system on their behalf [see C5.2.1.b.];

■ provisions affecting ship construction and equipment (Title 3) do not apply to ships constructed before the Convention comes into force for the flag State country concerned, unless it decides otherwise [see C3.1.a.]. Smaller ships (less than 200 GT) may be exempted from specific accommodation requirements [see C3.1.j.];

■ provision is made (Article VII) for the situation of countries that may not have national organizations of shipowners or seafarers to consult when exercising flexibility under the MLC, 2006 [see A22.];

■ in connection with social security coverage under Regulation 4.5, provision is made for national circumstances to be taken into account and for bilateral, multilateral and other arrangements [see C4.5.b.].

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General questions about the MLC, 2006