In the maritime industry, the Maritime Labour Convention (MLC) has been hailed as a landmark achievement. Adopted unanimously by the International Labour Conference in 2006 and coming into force in 2013, the MLC aimed to establish comprehensive rights and protections for seafarers worldwide. Yet, a recent study by Seafarers’ Rights International (SRI) reveals that despite its broad ratification and the high percentage of global tonnage it covers, the MLC’s enforcement is uneven and falls short of creating a level playing field.
Key Findings from the SRI Study
SRI’s research provides a nuanced view of the MLC’s impact. It acknowledges significant achievements while highlighting substantial gaps in enforcement across different regions. Here are the critical findings:
- Implementation Success Rate: The study estimates that the global implementation and enforcement success rate of the MLC is approximately 65%. This figure indicates that while the MLC has made considerable inroads, there is still much to be done to ensure consistent application worldwide.
- Top Seafarer Concerns: The survey identified several pressing issues for seafarers:
- Skills Training: Over 80% of seafarers highlighted the need for upskilling and reskilling in response to evolving digital technologies, automation, and green fuels. There is also a demand for soft skills such as leadership and lifelong learning capabilities.
- MLC Training: Around 70% of seafarers expressed the need for more training about their rights and responsibilities under the MLC.
- Legal Risks: Seafarers emphasized the importance of being informed about local legal risks, especially those that could lead to detention or criminal charges in foreign ports.
- Fatigue: More than half of the respondents reported experiencing fatigue, with 50.6% considering it a safety risk.
- Wages and Job Security: Concerns about low wages and the lack of permanent contracts were prevalent, reflecting broader economic uncertainties in the maritime sector.
- On-board Complaint Procedures: Although over 80% of seafarers had access to on-board complaint procedures, only 17% had utilized them to address MLC-related issues. This suggests a potential lack of trust or awareness in the effectiveness of these procedures.
Barriers to Effective Enforcement
Several barriers hinder the uniform and strict enforcement of the MLC globally:
- Resource and Expertise Limitations: Many states lack the necessary resources and expertise to implement and enforce the MLC effectively. This leads to disparities in how the convention’s provisions are applied across different jurisdictions.
- National Implementation: After ratifying the convention, some states fail to integrate its provisions into their national laws and practices adequately. Others do not report their compliance to the International Labour Organization (ILO), creating gaps in accountability and oversight.
The Evolving Maritime Landscape
The SRI study also underscores the importance of viewing the MLC as a living document, adaptable to the dynamic maritime environment. The industry is undergoing significant transformations, influenced by:
- Maritime Autonomous Surface Ships (MASS): The rise of automation and autonomous ships presents new challenges and opportunities for seafarer rights and protections.
- Environmental, Social, and Governance (ESG): Increasing focus on ESG principles in shipping is reshaping industry standards and practices.
- Climate Change: The maritime sector is at the forefront of addressing climate change, which necessitates ongoing adjustments to regulatory frameworks like the MLC.
Conclusion
While the Maritime Labour Convention has made historic strides in protecting seafarers’ rights, the SRI’s findings highlight the need for continued efforts to close the enforcement gaps. Achieving a truly global level playing field requires addressing resource disparities, enhancing training, and adapting to the evolving challenges of the maritime industry. The MLC must continue to evolve as a “living instrument,” responsive to the needs of seafarers and the broader changes in the maritime world.
As we direct in the future, stakeholders must work together to build capacity, raise awareness, and foster a more effective and uniformly enforced MLC, ensuring that the rights and well-being of seafarers are upheld everywhere.
References
Seafarers’ Rights International (SRI). (2024). New research on MLC enforcement.
International Labour Organization (ILO). (2024). Maritime Labour Convention, 2006 (MLC, 2006).
Fitzpatrick, D. (2024). Executive Director’s Comments on MLC Enforcement Challenges. SRI Report Summary.
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