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Posted: January 16th, 2024
Assessing Maritime Labour Practices to Ensure Compliance with MLC Standards
The Maritime Labour Convention, 2006 (MLC, 2006) is an international treaty that establishes minimum standards for the working and living conditions of seafarers on board ships. The MLC, 2006 aims to promote decent work for seafarers and fair competition for quality shipowners. It covers almost every aspect of seafarers' work and life on board, such as employment contracts, wages, hours of work and rest, health and safety, medical care, welfare and social security.
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The MLC, 2006 entered into force in August 2013 and has been ratified by more than 100 countries, representing over 90% of the world's merchant shipping tonnage. The MLC, 2006 requires that ships of 500 gross tonnage or over that operate on international voyages carry two documents: a Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC). These documents provide evidence that the ships comply with the requirements of the Convention.
However, compliance with the MLC, 2006 is not only a matter of documentation. It also involves ensuring that seafarers' rights are respected and protected in practice. This requires regular inspections, audits and monitoring by flag States, port States and labour-supplying States, as well as by shipowners, seafarers' organizations and other stakeholders. It also requires effective mechanisms for seafarers to report and resolve any grievances or complaints that may arise.
The purpose of this paper is to assess the current state of maritime labour practices in relation to the MLC, 2006 and to identify the main challenges and opportunities for improving compliance with the Convention. The paper will address the following questions:
- How are the MLC, 2006 standards implemented and enforced by different actors in the maritime sector?
- What are the benefits and costs of complying with the MLC, 2006 for seafarers, shipowners and other stakeholders?
- What are the best practices and lessons learned from the experiences of different countries and regions in applying the MLC, 2006?
- What are the gaps and weaknesses in the current system of compliance with the MLC, 2006 and how can they be addressed?
- What are the emerging trends and issues that may affect the future of maritime labour practices and compliance with the MLC, 2006?
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The paper will draw on various sources of information, such as official reports, academic studies, statistical data, case studies and interviews with relevant experts and practitioners. The paper will also use a comparative approach to highlight the similarities and differences among different regions and countries in terms of their maritime labour practices and compliance with the MLC, 2006.
The paper will be structured as follows:
- Introduction: This section will provide an overview of the MLC, 2006 and its main objectives and principles.
- Implementation and enforcement: This section will examine how the MLC, 2006 standards are implemented and enforced by different actors in the maritime sector, such as flag States, port States, labour-supplying States, shipowners, seafarers' organizations and other stakeholders.
- Benefits and costs: This section will analyze the benefits and costs of complying with the MLC, 2006 for seafarers, shipowners and other stakeholders. It will also discuss the factors that influence the motivation and capacity of different actors to comply with the Convention.
- Best practices and lessons learned: This section will identify and describe some of the best practices and lessons learned from the experiences of different countries and regions in applying the MLC, 2006. It will also highlight some of the challenges and difficulties that have been encountered in implementing and enforcing the Convention.
- Gaps and weaknesses: This section will identify and discuss some of the gaps and weaknesses in the current system of compliance with the MLC, 2006. It will also suggest some possible ways to address them.
- Emerging trends and issues: This section will explore some of the emerging trends and issues that may affect the future of maritime labour practices and compliance with the MLC, 2006. It will also consider some of the implications and recommendations for policy makers, practitioners and researchers.
- Conclusion: This section will summarize the main findings and conclusions of the paper.
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References:
International Labour Organization (ILO). (2019). Frequently Asked Questions about
the Maritime Labour Convention (MLC), 2006 - Fifth edition. Geneva: ILO.
International Labour Organization (ILO). (2021). Ratifications of C186 - Maritime
Labour Convention (MLC), 2006. Retrieved from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312331
International Labour Organization (ILO). (2023). Work at Sea Conference. Retrieved from https://www.ilo.org/global/standards/maritime-labour-convention/WCMS_2336385/lang--en/index.htm
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Standard Club. (n.d.). Maritime Labour Convention. Retrieved from https://www.standard-club.com/maritime-labour-convention/
ITF Seafarers. (n.d.). Maritime Labour Convention. Retrieved from https://www.itfseafarers.org/sites/default/files/paragraph/issues-attachments/files/Maritime%20Labour%20Convention.pdf
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