A15. Does the MLC, 2006 require countries to comply with the ILO’s “fundamental Conventions”?

The ILO’s Governing Body has identified eight international labour Conventions as “fundamental”, covering subjects that are considered as fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. These Conventions are listed in the Preamble to the MLC, 2006. Countries that ratify the MLC, 2006 are required, under Article III, to satisfy themselves that the provisions of their national legislation respect those fundamental rights, in the context of the MLC, 2006. The national report to the ILO supervisory system requires Members to report on this matter. However, Article III does not directly require implementation of the provisions in these other ILO Conventions or that Members report, in connection with the MLC, 2006, to the ILO on the measures they have taken to give effect to the fundamental Conventions. This is because countries that have ratified the fundamental Conventions are already obliged to report to the ILO supervisory system on the measures that they have taken to give effect to their obligations under those Conventions in all the sectors of work, including the maritime sector. That being said, countries which have not ratified one or more of the fundamental Conventions will have to report to the ILO supervisory mechanisms indicating how they have satisfied themselves that the provisions of their national legislation respect the relevant fundamental rights, in the context of the MLC, 2006.

General questions about the MLC, 2006