A5. What are the novel features in the MLC, 2006?

There are several novel features in the MLC, 2006 as far as the ILO is concerned. The whole structure of the Convention differs from that of traditional ILO Conventions. It is organized into three main parts: the Articles, placed at the beginning, set out the broad principles and obligations. They are followed by the more detailed Regulations and the Code of the MLC 2006, which has two parts: Part A (mandatory Standards) and Part B (non- mandatory Guidelines). The Regulations and the Code are organized in five Titles, which essentially cover the same subject matter [see A6.] as the existing 37 maritime labour Conventions and associated Recommendations that had been adopted by the ILO between 1920 and 1996, updating them where necessary. There are a few new subjects, particularly in the area of occupational safety and health to meet contemporary concerns, such as the effects of noise and vibration on workers or other workplace risks, but in general the Convention aims at maintaining the core standards in the previous instruments at their present level, while leaving each country greater discretion in the formulation of its national laws establishing that level of protection. Recent amendments to the Code of the Convention [see A21.] have regulated other subjects such as abandonment of seafarers, harassment and bullying on board ships and the protection of seafarers’ wages in cases of piracy. The provisions relating to flag State inspection, including the use of “recognized organizations” (ROs) builds upon the ILO Labour Inspection (Seafarers) Convention, 1996 (No. 178). The potential for inspections in foreign ports (port State control) [see C5.3.c.] in Title 5 is based on existing maritime Conventions, in particular Convention No. 147 – the Merchant Shipping (Minimum Standards) Convention, 1976 – and the Conventions adopted by the IMO and the regional port State control agreements (PSC MOU).

However, the MLC, 2006 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. One of the most innovative aspects of the MLC, 2006 as far as ILO Conventions are concerned, is the certification of seafarers’ living and working conditions on board ships.

General questions about the MLC, 2006