MLC – Introduction

Adoption of the MLC

The adoption of the MLC by the 94th (Maritime) Session of the ILC, Geneva in February 2006 was variously described as:

“an extraordinary accomplishment”, “a truly historic event”, “epoch-making”, and “without precedent in the history of the International Labour Conference (ILC)”.

In the closing speeches of the Conference, the Worker Vice-President Mr Orrell referred to the new Convention “providing a seafarers’ bill of rights” and to “our aims of making the Maritime Labour Convention the fourth pillar in the regulatory regime for the shipping industry”. He expressed the hope that “this Convention will go some considerable way towards changing the reality for many seafarers and, in turn, ensuring that unacceptable practices are eliminated … We as seafarers believe that this Convention can mark a significant step forward in promoting a sustainable shipping industry”.

The Employer Vice-President Mr Lindemann referred to “the common determination of all three groups – Governments, Shipowners and Seafarers – to put into a jointly-developed and well-balanced instrument the complete set of minimum maritime labour standards on a standardized and unified solid international legal basis with a web of interlocking ties” and to “the new concepts which have been used which… will leave the marks of this Conference in the annals of this venerable Organization, the ILO”.

The Government Vice-President of the Conference Mr Teranishi said “… We hope that seafarers all over the world are equally provided proper working and living conditions, as well as being engaged in decent work. We also believe that this will lead to the creation of a level playing field in the shipping industry”.

The President of the Conference, Mr Jean-Marc Schindler concluded:

“… It is a global, comprehensive and complete standard, which now brings together in one single instrument social conditions on board ship, and which constitutes both a bill of rights for seafarers and a true international maritime labour code…”.

Ratifications of the MLC

As at 1 March 2024, the MLC has achieved ratifications among 105 ILO Member States to date, covering over 96% of the world’s gross tonnage.

MLC ratifications and non-ratifications

Although the process of ratifying the MLC began in 2006, it is not yet complete. The rates of ratifications have varied over the years.

Rates of ratifications

But ratifications and world tonnage coverage do not equate to effective implementation and enforcement of the MLC. There are currently 82 ILO Member States around the world yet to ratify the MLC.  Of these States, 50 have navigable access to the world’s oceans and 32 are identified as landlocked. These non-ratifying States include some significant port States (with long coastlines and many ports) where the MLC is not enforced by PSC.

MLC non-ratifications

The MLC as a living instrument

The MLC contains minimum standards only. It is commonplace to describe the Convention as a living instrument. In 2006, the President of the 94th (Maritime) Session of the ILC observed:

“the willingness to have a simplified and rapid amendment procedure guaranteeing the adaptation of the Maritime Labour Convention over time to developments in this sector”.

In the Preamble of the MLC, it is provided that the Convention:

“… should be readily updateable…”.

Article XV provides for amendments to the Code of the MLC. In respect of health and safety protection and accident prevention in Standard A4.3, it is expressly stated that the laws and regulations and other measures to be adopted:

“shall be regularly reviewed…and, if necessary, revised… in order to facilitate continuous improvement in occupational safety and health policies and programmes …”.

In an opening statement to the second meeting of the Special Tripartite Committee (STC) in 2016, the Director-General stated that:

“By keeping the MLC, 2006, under constant review, the STC was helping to ensure that ILO standards were truly responsive to global demands …”.