Making an impact, international progress on implementing the Maritime Labour Convention, 2006

Interview with Cleopatra Doumbia-Henry, Director, ILO International Labour Standards Department, ILO, Geneva

Article | 03 May 2011

The Maritime Labour Convention, 2006 (MLC, 2006) has a new comprehensive website that contains useful tools and resources to support implementation efforts: /mlc

The International Labour Organization (ILO) MLC, 2006 website provides up to date information on ratifications and recent events in the global efforts by governments, seafarers’ and shipowners’ organizations and other industry actors to help achieve the “30/33” formula by 2011 and bring the MLC, 2006,– the “Seafarers’ bill of rights”, into force. The website contains key resources to assist with implementation including the MLC, 2006 text and international Guidelines for flag States and port States with respect to practical aspects of inspection and certification of ships under the MLC, 2006 and the ILO Maritime Labour Academy. It also contains an FAQ, the Article 22 report form and the official records of the international tripartite discussions leading to the adoption of the MLC, 2006. The launch of this website marks the recent passage – on 23 February - of the fifth anniversary of the adoption of the MLC, 2006 by the 94th Session of the International Labour Conference.

ILO Online spoke with Cleopatra Doumbia-Henry, Director of the ILO International Labour Standards Department, about recent developments in the ratification and implementation of the Convention.

The coming into force of the Maritime Labour Convention, 2006 is 'almost there'. Where do we stand in terms of implementation?

Cleopatra Doumbia-Henry - The MLC, 2006 fifth birthday was marked by Switzerland’s deposit of its ratification with the ILO, bringing ratifications to 12, with coverage of seafarers on nearly 48 % of the world’s fleet, based on gross tonnage (GT). Despite the remarkable achievement of ratifications by countries representing close to 50% of the world fleet in order to achieve the mandatory 30 ratifications and 33 % of the world fleet formula (30/33) under the Convention, 18 more ratifications are needed to bring the Convention into force 12 months after 30/33 is achieved. Ideally this will be in 2012, in line with the ILO’s five year (2006-2011) Action Plan to achieve widespread ratification and effective implementation of the MLC, 2006.

Why is there such a demanding formula for entry in force and why did the ILO think it would take five years to achieve the necessary ratifications?

Cleopatra Doumbia-Henry - It is fitting that we launch the MLC, 2006 website with a brief reflection on the period since 2006 to consider these and other important questions. In fact, both the five year time frame and the demanding requirements for entry into force came from the tripartite delegations at the 94th Session of the International Labour Conference in 2006. Their concern was to ensure that the MLC, 2006 would not be a “paper tiger” but would result in real change: decent work for seafarers and a level playing field – fair competition - for shipowners. Because of the comprehensive nature of the MLC, 2006 and the time needed to consult, to implement and to develop capacity to inspect ships and certify those that need to be certified, the delegates in 2006 expected that it would take about five years to achieve the 30/33 formula. The decision taken by the European Union (EU) in 2007 to invite European Union Members to ratify by the end of December 2010 and the agreement between the social partners in the EU, an agreement that will become a Directive once the Convention into force, follows that view.

Has the economic crisis affected the ratification process?

Cleopatra Doumbia-Henry - Of course, since 2007, a major economic crisis has occurred, along with political change and as environmental and other challenges recently being faced in many regions. In fact, I have to say it is impressive that, despite the turbulence of the intervening years since 2006, particularly with economic stability matters at the forefront, that so many governments in all regions have still been able to steadily make progress on moving forward in national efforts to ratify and implement the MLC, 2006. Many Governments, in consultation with their social partners, have amended or adopted new legislation or are preparing legislation, regulations and marine notices. The large number of governments attending the tripartite meeting in Geneva in September 2010 to discuss preparations for entry into force of the MLC, 2006 including the establishment of the Special Tripartite Committee (Article XIII) to keep the working of the Convention under continuous review, exhibited an unabated enthusiasm. In fact, they called for another preparatory meeting to focus on the operating procedures for this Committee!

Is the maritime sector still enthusiastic?

Cleopatra Doumbia-Henry - What is even more significant - certainly it is unusual, perhaps even unique, for an ILO Convention, is the extent to which the MLC, 2006 has already made an impact. It is affecting practice in the maritime sector - well ahead of the more formal legal machinery of ratification. Collective bargaining agreements are being negotiated by the maritime social partners. Many industry events on the MLC, 2006 have taken place and are being launched to prepare for implementation. This is not surprising since both the inspiration as to content and the call, in 2001, for this Convention, came from the representatives of the Shipowners and the Seafarers on the ILO Joint Maritime Commission (JMC), a body established by the ILO in 1920. The Shipowners and Seafarers have remained a driving force throughout the long negotiations until 2006 and they have remained on board in helping the move forward to entry into force. The maritime sector is, in fact, moving forward with implementing the international standards well ahead, in many cases, of the national law.

Do these improvements involve other activities related to the MLC, 2006?

Cleopatra Doumbia-Henry - While there have been industry reports of ships already being inspected, either on a trial basis or for voluntary certification, as well as initiatives to include MLC, 2006 compatible terms in various industry agreements and other tools, the best evidence of the “on the ground” change has come through the participants at the eight “Training of Trainers and maritime inspectors on application of the MLC, 2006” held since 2009 at the ILO’s International Training Centre (ITC) in Turin, Italy – the location of the ILO Maritime Labour Academy . These two-week courses have brought together a wide mix of maritime industry actors including flag State inspectors, port State control officers, ITF inspectors, surveyors from ship classification societies or other organizations involved with ISM audits, maritime administrators, educators, medical practitioners and other maritime professionals. As of April 2011, 193 people from all regions of the world have been trained at this course. A survey carried out in January 2011 by the ITC of the 176 persons trained by the end of 2010, had a very high level of response (92/176). These 92 people report that after their course they carried out activities on their return home, resulting in a total now of at least 3,143 more people trained with respect to the MLC, 2006! Capacity to operationalize the MLC, 2006 inspection system is clearly being developed by both public and private actors in the maritime sector. In addition, the port State control MOUs are already developing their regional guidance in readiness for entry into force. I have also noted with great interest the MLC, 2006 discussion group on the internet through the LinkedIn social network.

In broad terms what are the main achievements so far?

Cleopatra Doumbia-Henry - At the broader level of international law and with direct impact on the sector, it is very important to note that some important elements of the MLC, 2006 have been adopted almost wholly or in part in the text of the “Manila amendments” adopted in June 2010 by the IMO for the STCW convention. These are expected to enter into force at the beginning of 2012, at which point, at least for these elements, the MLC, 2006 requirements will already apply on ships. Importantly, there is a much greater awareness of the issues covered in the MLC, 2006 which touches on so many matters ranging from the minimum age for seafarers, to social security, to occupational safety and health and to food and catering.

It is essential, therefore, that countries respond to the campaign launched by the Director-General of the ILO in December 2010 calling on ILO member States to take the opportunity to move to ratify the MLC, 2006 in June 2011 at the celebration of the 100th Session of International Labour Conference - whose theme is Building a future with Decent Work.