The Maritime Labour Convention 2006 (MLC) was adopted by the International Labour Organisation (ILO) in February 2006, but it was only on August 20, 2012, that the minimum requirements set out for its entry into force were met when the Philippines became the 30th country to ratify the Convention.
The Maritime Labour Convention 2006 (MLC) was adopted by the International Labour Organisation (ILO) in February 2006, but it was only on August 20, 2012, that the minimum requirements set out for its entry into force were met when the Philippines became the 30th country to ratify the Convention.
As the Convention was designed to enter into force 12 months after the minimum requirement was reached, the MLC actually entered into force on 20th August 2013, but only in the first 30 ratifying countries. Entry into force for other countries is expected to take place 12 months, after ratification is registered by the ILO.
The MLC 2006 is designed to ensure that every seafarer has the right to: safe and secure workplace that complies with safety standards, fair terms of employment, decent working and living conditions on board ship and health protection, medical care, welfare measures as well as other forms of social protection.
In specific, the MLC Convention covers conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection.
In addition, parties to the treaty must ensure that ships flying their flag meet the ‘decent work’ requirements set out in the Convention, and certify that those ships comply with the requirements relating to labour conditions.
Popularly called “the seafarers bill of rights”, the MLC 2006, is expected to significantly impact on the fortunes of Nigerian seafarers. But can it? While we acknowledge that the MLC 2006 is not about providing jobs for seafarers, we nevertheless feel that, it should in truth make live more meaningful for the few that are currently engaged. But how many are they, where they exist, they are only mostly found on fishing trawlers!
The Convention is based on a certification system operated by Flag States whereby all relevant ships flagged by a ratifying state will need to be certified and, once certified, they will be deemed to have complied with the MLC unless Port State Control obtain evidence of non-compliance. Importantly, non-ratifying state ships (which will not have an MLC certificate of compliance) calling
at ports of ratifying states will be subject to Port State Control inspections aimed at ensuring compliance with the Convention’s 14 minimum requirements regarding seafarers’ working and living conditions. If these vessels do not comply with those minimum terms, they are likely to encounter long delays and possibly detention.
The “no more favourable treatment” clause, as it is known, aims to ensure that shipowners are not able to evade minimum obligations to their seafarers by sailing under a non-ratifying Flag State
In Nigeria; the implementing agency is the Nigerian Maritime Administration and Safety Agency (NIMASA).
Prior to the merger of the then-Joint Maritime Labour Industrial Council (JOMALIC) with the then- National Maritime Authourity (NMA), there had been so much talk about Maritime Labour Convention 2006.
However, since the 2007 merger, every responsibility for seafarers’ welfare has been domiciled in NIMASA.
So, it is in this capacity that NIMASA galvanized the trio of seafarers, ship owners and implementing agency for the submission of the Ratification of the convention to the head quarters of the International Labour Organisation (ILO) in Geneva on June 18, 2014.
At the submission of the Instrument of Ratification, the Minister of Labour; Emeka Wogu had said: “Today marks the beginning of a journey that will take Nigeria to a higher level in the maritime industry”. He had also expressed optimism that MLC 2006 in Nigeria will create both positive and negative results of the sector such as employment generation, increase in revenue generation, piracy, oil bunkering and insecurity that has informed the need for a well regulated maritime sector” and that many young Nigerians would be attracted to seafaring career for gainful employment.
For those already engaged as seafarers, the minister said the ratification of the instrument would translate to “improved networking and seafarer friendly ports activities with concomitant increase in trading and shipping among others”.
ILO Director-General, Mr. Guy Rider who received the instrument said, “I am particularly pleased to see one more African country joining the global effort for promoting decent working and living conditions of seafarers and ensuring conditions of fair competition for ship owners”.
Mr. Guy Rider added, “ Today’s ratification of the MLC, 2006 adds itself to the ratification of another important maritime instrument, Convention No. 185 on Seafarers’ Identity Documents and underscores Nigeria’s strong commitment to the advancement of the well-being for its seafarers and the long-term interests of its shipping and port sector.”.
The ILO director-general expects that “ active steps and well-targeted measures would now be taken to effectively implement the Convention in law and practice, as the entry into force of the Convention is only two months away.”
Sadly, all the promises have remained what they are- mere promises, as nothing has been done since June 2013 to move towards domesticating the MLC 2006 in Nigeria.
It is even more sad that the MLC 2006 is going the way of the SID for which the then- Joint Maritime Labour Industrial Council (JOMALIC) spent a lot of money and achieved nothing. It is also instructive that the duo of MLC 2006 and Seafarers Identity Document (SID) are interconnected, but Nigeria is not acting serious at all.
We recall sadly that, some years ago, Nigeria joined others to endorse the SID, without understanding the requirements from each signatory-nation. The SID that was commissioned with pump and glamour by the then-JOMALIC has not impacted on the Nigerian maritime sector, largely because the nation’s seafaring population is depleted by unemployment.
Going by the calibre of senior government officials who trooped to the ILO Headquarters in Switzerland to deposit the Instrument of Ratification, it is a surprise that nothing has been done since then.
What is required to domesticate the MLC 2006 is goodwill on the part of the National Assembly and the Executive, both of which were adequately represented at the symbolic event.
Members of relevant committees at the two chambers of the National Assembly were in attendance, so also were was the Executive led by the Minister of Labour. Of course, the implementing agency- NIMASA was adequately represented by a large retinue of retired and serving officers, as well as all relevant stakeholders, including the unions and associations.
In a country where thousands of seafarers are either unemployed or under employed, where the registry is depleting by the day, one hardly expected that the all the efforts that were channeled into ratifying the MLC 2006 would be wasted.
The International Labour Organisation (ILO) set the minimum wage for an Able Seaman at $1,040 monthly, while that of a Ship Master is $3,503 monthly. This is the benchmark with which country's that ratified the MLC 2006, are expected to pay their seafarers. As at today, no Nigerian seafarer earns anything near the benchmark
While we commend all those who worked hard to ensure that Nigeria joins the league of ‘MLC 2006 states’, we are however saddened that our prediction that it would not translate to good life for Nigerian seafarers has come to pass.
We had advised shortly after the celebrations of ratifying the convention, warned that rather than celebrate the ratification, more efforts should be put in to ensure its domestication.
More important also is the need to work more assiduously to make Nigeria a truly maritime nation, by enhancing its fleet, offer would-be seafarers qualitative cadet education and offer more jobs to the qualified ones.
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