Employers and Unions Welcome Entry into Force of radical ILO Maritime Labour Convention in Just 12 Months' Time

News Release International Transport Federation (ITF) August 20, 2012

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ITF and ISF Stress
Vital Need for Industry to be Ready 
 
The International Transport Workers’
Federation (ITF) and the International Shipping Federation (ISF) are united in
welcoming the news that the ILO Maritime Labour Convention (MLC, 2006) willenter
into force in just 12 months’ time, in August 2013, following the announcement
that it has been ratified by 30 ILO Member States, the latest being Russia and
the Philippines. The tonnage requirement of at least 33% gross tonnage has also
been well exceeded and currently stands at just below 60%.
 
However,
the ILO social partners warn that shipowners will need to ensure they are ready
before the new regime of global labour standards comes into force.
Significantly, the MLC will be subject to port state control, including the
potential for more detailed inspections if ships are thought not to comply, and
the possibility of detention in serious cases of non-compliance or where
hazardous conditions exist. 
 
ITF and ISF emphasise
that the MLC, 2006 hasbeen dubbed the ‘fourth pillar’ of shipping regulation,
alongside the IMO SOLAS, MARPOL and STCW Conventions, and as such is likely to
be strictly enforced by flag states and port state control. 
 
Dave Heindel, chair of the ITF
Seafarers’ Section, commented: “The MLC – the seafarers’ bill of rights – is a
genuine agent for real change. It has the potential to make a real difference to
all seafarers, regardless of nationality or the flag of the ship on which they
serve. Its entry into force will be the culmination of over 10 years of
collective effort by the ILO social partners. At last, we will have a ‘one stop
shop’ for labour standards which we are confident will be genuinely implemented
and enforced on a global basis. It means that all seafarers should soon be able
to enjoy comprehensive protection of their fundamental rights. It also means
good employment practice across the industry so that responsible employers, as
represented by ISF, are not disadvantaged by the irresponsible
minority.”
 
ISF Labour Affairs Committee Chairman,
Arthur Bowring, commented: “Governments are to be congratulated for ratifying
the MLC so quickly.  This is a Convention with a very wide
scope, incorporating labour and social security requirements, andtherefore
requires detailed study and potential amendment of local legislation to bring it
into effect. We expect many more countries will ratify the Convention over the
coming year, so that entry into force will be backed up by truly worldwide
enforcement. 
 
“This Convention is the result of
tripartite negotiation over a lengthy period, which means that the labour
standards which we have all agreed can be supported by governments, shipowners
and seafarers giving us a uniform global framework of sound employment standards
that is required by both shipowners and seafarers,”   Mr
Bowring continued.
 
An important feature of the
Convention’s enforcement will be the issue of ‘Maritime Labour Certificates’ by
flag administrations following an inspection.  There is also a
requirement for ships to complete and maintain on board a ‘Declaration of
Maritime Labour Compliance’
The MLC
addresses a wide range of matters, including the obligations of shipping
companies with respect to seafarers’ contractual arrangements, the
responsibilities of manning agencies, working hours, health and safety, crew
accommodation, catering standards, and seafarers’ welfare.  
 
Under
the tripartite ILO process, ITF and ISF were responsible for negotiating the
text of the new Convention with governments, on behalf of maritime employers and
seafarers’ trade unions, prior to its adoption in 2006.  ITF
and ISF therefore are keen to see the smooth implementation of the MLC, 2006
when it enters into force in2013.
 
Mr
Bowring added: “The vast majority of companies should have no difficulty
complying with the substance of the Convention, since in large part this is
derived from existing ILO maritime standards and accepted good employment
practice.  However, the enforcement mechanism is new, and it
will be important to avoid teething problems when some of the more detailed
requirements are applied and interpreted.  It will therefore
be most important for all ship operators to ensure that they are
ready.”
 
Mr Heindel concluded: “The shipping
industry is almost certainly unique in having such a comprehensive global
framework of employment standards, which is supported on all sides. While there
will be lot to do to ensure that the standards are properly enforced in a year’s
time, I think this is a moment when all concerned can take credit for what has
beenachieved by the adoption of the MLC, 2006, and the really tangible
benefitsthat this will bring both to shipowners and the seafarers they
employ.”  </DIV></BODY></HTML>