A21. How can the MLC, 2006 be updated?

The MLC, 2006 has two types of amendment procedures: one under Article XIV for the Convention as a whole, and one under Article XV for amendments only to the Code of the MLC, 2006. The Article XIV express ratification procedure is close to the present ILO procedure for revising Conventions. The part of the Convention which may need updating from time to time, namely the Code [see A9.] relating to the technical and detailed implementation of the basic obligations under the Convention, can be amended under an accelerated procedure (“tacit acceptance”) provided for in Article XV. This procedure, which is based to a certain extent on a procedure already well established in another agency of the United Nations, the IMO, enables changes to the Code to come into effect, for all or almost all ratifying countries, within three to four years from when they are proposed. A ratifying Member will not be bound by an amendment to the Code entering into effect in accordance with Article XV of the Convention, if it expresses formal disagreement within a set period 25 Amendments to the Code were adopted in 2014 to address the issues of abandonment of seafarers [see C2.5.2.a.] and shipowners’ liability for death or long-term disability of seafarers [see C4.2.2.a.]. They entered into force on 18 January 2017. In 2016, amendments to the Code were adopted on the issues of elimination of shipboard harassment and bullying [see C4.3.d.] and the extension of the validity of Maritime Labour Certificates in a very specific case. They entered into force on 8 January 2019. In 2018, amendments to the Code were adopted to address the issue of seafarers’ wages and entitlement during captivity as a result of acts of piracy or armed robbery against ships [see C2.2.d.] They are expected to enter into force on 26 December 2020. Information about the amendments is available on the MLC, 2006 website. 26


25 The Committee of Experts on the Application of Conventions and Recommendations adopted a general observation in 2016, which provides further information on the entry into force of amendments to the Code of the MLC, 2006 adopted under the simplified procedure of Article XV of the Convention. It provides information on the situation of States which have ratified the MLC, 2006 between the date of approval of an amendment and its entry into force.


26 Amendments to the MLC, 2006, are available on the ILO MLC, 2006 website at: www.ilo.org/mlc.


General questions about the MLC, 2006