The Maritime Labour Convention (MLC) entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage (which is over 33 per cent; the second requirement for entry into force). As of the August 2016, the convention has been ratified by 77 states representing over 87 per cent of global shipping.
Ironically, the Philippines almost lost its slot on the historical first thirty ratifying countries of the Maritime Labour Convention of 2006 (MLC2006). It took the Philippines six years to ratify MLC2006 on August 13, 2012 after it became a signatory of the so called international magna carta for seafarers rights.
The MLC 2006 is an
important new Convention that was adopted by the International Labour
Conference of the ILO at a maritime session in February 2006 in
Geneva, Switzerland. It sets out seafarers’ rights to decent
conditions of work and helps to create conditions of fair competition
for shipowners. It is intended to be globally applicable, easily
understandable, readily updatable and uniformly enforced. The MLC ,
2006 has been designed to become a global legal instrument that, once
it enters into force, will be the “fourth pillar” of the international
regulatory regime for quality shipping, complementing the key
Conventions of the International Maritime Organization (IMO) such as
the International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS), the International Convention on Standards of Training,
Certification and Watchkeeping, 1978, as amended (STCW) and the
International Convention for the Prevention of Pollution from Ships,
73/78 (MARPOL). Between 1920 and 1996, a total of 39 Conventions, 29
Recommendations and one Protocol concerning seafarers have been adopted
by the ILO.
The MLC contains a
comprehensive set of global standards, based on those that are already
found in 68 maritime labor instruments. It modernizes the global
standards to: (a) set minimum requirements for seafarers to work on a
ship; (b) address conditions of employment, accommodation,
recreational facilities, food and catering, health protection, medical
care, welfare and social security protection; (c) promote compliance
by operators and owners of ships by giving governments sufficient
flexibility to implement its requirements in a manner best adapted to
their individual laws and practices; and (d) strengthen enforcement
mechanisms at all levels, including provisions for complaint procedures
available to seafarers, shipowners’ supervision of conditions on
their ships, the flag States’ jurisdiction and control over their
ships, and port State inspections of foreign ships.
The first 30 countries/ states, which ratified the convention include: Liberia (June
7,2006), Marshall Islands (September 25, 2007 ), Bahamas (February
11,2008), Panama (February 6, 2009), Norway (February 10, 2009) ,
Bosnia and Herzegovina (January 18, 2010) , Spain (February 4, 2010),
Croatia (February 12, 2010) , Bulgaria (April 12, 2010) , Canada (June
15, 2010),Saint Vincent and the Grenadines (November 9, 2010) ,
Switzerland (February 2, 2011), Gabon (May 12, 2011) Benin (June 13,
2011), and Singapore ( June 15, 2011). Denmark (June 23, 2011) Latvia
(August 12, 2011)_ Antigua and Barbuda (August 11, 2011) , the
Government of Luxembourg (19 September 2011), Kiribati (24 October
2011) Netherlands (December 2011) Australia (14 December 2011), Tuvalu
(February 16, 2012) Saint Kiss and Nevis (February 21, 2012), Togo
(March 14, 2012) Poland (May 3, 2012), Palau (May 29, 2012), Sweden
(June 12, 2012) Cyprus (July 20, 2012) and Philippines.
Countries that ratify
the Convention will require ship owners to put the standards in place
before allowing seafarers aboard. And ratifying countries will have the
right to inspect vessels for compliance before port calls are
allowed. The Convention gives these countries the right to deny ships
that are not compliant from sailing onwards. This applies to ships
regardless whether the countries they are registered in have ratified
the Convention or not.
The
Philippines will definitely be one of the major beneficiaries of this
convention. The Philippines is considered as the major supplier of
maritime labor globally that brought in the dollar remittances that have
also been constantly increasing On
the other hand, the Philippines as a flag State has a registered fleet
comprising around 1.4% of total world tonnage.
Given the vast
Philippine coast line (twice the size of the United States and nearly
three times more than China), Filipinos have natural maritime
instincts that place them at an advantage over other nationalities.
Foreign shipowners are known to prefer Filipino seafarers for equally
important qualities: dedication and discipline, industry, flexibility,
loyalty, English language fluency, adaptability, positive work
attitude, law-abiding, and problem-solving capability.
The Philippines can
benefit from ratifying the Convention as a labour supplying state,
flag or port state. The maritime labour convention is a good reference
point for the Philippine’s formulation of laws and policies
responsive to the conditions and contexts of seafarers. Ratification
can serve as basis for technical assistance.
As the foremost
seafarer-supplying country and a flag State with a registered fleet
comprising around 1.4% of total world tonnage, it behooves upon
Philippine social partners and stakeholders to determine the passage
most beneficial to our national interests. The Philippine government
properly ratified MLC2006 in order that it will be one of the thirty
ratifying countries required for the convention to take effect
EXCELLENT INFORMATION
ReplyDeleteMarshall Islands STCW Delhi