A3. How will the MLC, 2006 protect more of the world’s seafarers?
In the first place, the MLC, 2006 was designed to achieve a much higher level of ratification than previous Conventions [see A18.] and to also indirectly apply to all shipowners, and serve to protect seafarers working on ships operating under the flag of a country that has not ratified the Convention [see A4.]. It also covers all persons working at sea (estimated at more than 1.6 million). Until now, it had not been clear that all of these people, particularly, for example, those that work on board ships but are not directly involved in navigating or operating the ship, such as the many personnel that work on ships operating in the tourism and recreational sector, such as cruise ships or commercial yachts, would be considered seafarers [see B1.].
The MLC, 2006 also aims to establish a continuous “compliance awareness” at every stage, from the national systems of protection up to the international system [see C5]. This starts with the individual seafarers, who – under the MLC, 2006 – have to be properly informed of their rights and of the remedies available in case of alleged non-compliance with the requirements of the Convention and whose right to make complaints, both on board ship and ashore, is recognized in the Convention. It continues with the shipowners. Those that own or operate ships of 500 gross tonnage (GT) and above, engaged in international voyages or voyages between foreign ports (ports located in a country other than the flag State of the ship), are required to develop and carry out plans for ensuring that the applicable national laws, regulations or other measures to implement the MLC, 2006 are actually being complied with. The masters of these ships are then responsible for carrying out the shipowners’ stated plans, and for keeping proper records to evidence implementation of the requirements of the Convention. As part of its updated responsibilities for the labour inspections for ships of 500 GT or above that are engaged in international voyages or voyages between foreign ports, the flag State (or a recognized organization on its behalf) reviews the shipowners’ plans and verifies and certifies that they are actually in place and being implemented. Ships are required to carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance on board. Flag States are also expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships, including those that do not go on international voyages that are not covered by the certification system. Flag States must carry out periodic quality assessments of the effectiveness of their national systems of compliance, and their reports to the ILO under article 22 of the ILO’s Constitution (see national report form) 14 will need to provide information on their inspection and certification systems, including on their methods of quality assessment. This general inspection system in the flag State is complemented by procedures to be followed in countries that are also or even primarily the source of the world’s supply of seafarers [see C5.3.a.], which will similarly be reporting under article 22 of the ILO’s Constitution. The system is further reinforced by voluntary measures for inspections in foreign ports (called port State control (PSC)) [see C5.3.c.].
General questions about the MLC, 2006