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 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.
It is instructive that the MLC 2006 is poised 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!
In a country where thousands of seafarers are either unemployed or under employed, where the registry is depleting by the day, one can hardly expect anything positive, beyond the euphoria of joining the number as the convention finally kicks-off this week.
We recall sadly that the nation joined others to endorse the Seafarers Identity Document (SID) some years ago, without understanding the requirements from each signatory-nation. The SID that was commissioned with pump and glamour by the then-Joint Maritime Labour Industrial Council (JOMALIC) has not impacted on the Nigerian maritime sector, largely because the nation’s seafaring population is depleted by unemployment.
So, we advise that rather than celebrate the implementation and be too hopeful about the MLC 2006, the Nigerian maritime community should work more assiduously to make Nigeria a truly maritime nation, by enhancing its fleet, offer would-be seafarers qualitative cadet education and offering more jobs to the qualified ones.
We commend all those who worked hard to ensure that Nigeria joins the league of ‘MLC 2006 states’, but we are in doubt about her readiness for implementation. It’s not enough to commence implementation, the seafaring family looks forward to a new lease of life.
Commencement and implementation will be worthless if there is still large scale unemployment.
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