New Amendments to the Maritime Labour Convention, 2006: Linkages to Pandemic Lessons

Seafarers often face significant threats to their rights and safety due to harsh working conditions, long periods of isolation, and inadequate legal protections. Asian seafarers, especially those from Bangladesh, are also affected. This study identifies the criteria or factors influencing the preservation of human rights for seafarers and evaluates the current situation of Bangladeshi seafarers onboard through an analysis of key categories including physical and working conditions, employment and social welfare, health and safety, crew well-being and social support, and regulatory compliance and enforcement. The Best Worst Method (BWM), a multi-criteria decision-making (MCDM) approach, is used to rank 19 sub-factors to assess the current state of human rights preservation for seafarers on board. Compared to other MCDM approaches, the BWM offers more consistent weighting rules, requires fewer pairwise comparisons, and provides more dependable findings, with fewer expert inputs. The research findings indicate that accommodation standards, monthly wages, personal protection equipment, food and catering, and maximum/minimum working hours are being effectively maintained onboard. The challenges faced in preserving human rights onboard include, safe working environment, compliance and enforcement (MLC, ILO, National Laws and Regulations), seafarers, their families and allies’ security, equal gender opportunities, and the prevention of accidents and injuries. The study’s findings can provide guidance to ship owners, ship management firms, policymakers, and other relevant entities in safeguarding and improving the preservation of human rights for this vital workforce. Highlights This study identifies the factors influencing the prevention of human rights for seafarers and evaluates the current situation of Bangladeshi seafarers onboard through an analysis of key categories including physical and working conditions, employment and social welfare, health and safety, crew well-being and social support and regulatory compliance and enforcement. The Best Worst Method (BWM), a multi-criteria decision-making (MCDM) approach, is used to rank 19 sub-factors to assess the current state of human rights preservation for seafarers on board. Ensuring a safe working environment, gender equality, and family security for seafarers is crucial, especially in Asian countries where these rights are often compromised. Compliance with the Maritime Labour Convention (MLC), International Labour Organization (ILO) standards, and national laws and regulations is essential for protecting seafarers' human rights on board.

The Maritime Labour Convention, 2006 (MLC, 2006), adopted by the International Labour Organization, is the fourth pillar of the international maritime regulatory regime. It both fills a gap in the 1982 United Nations Convention on the Law of the Sea and complements the International Maritime Organization’s core conventions. The MLC, 2006 covers most aspects of the maritime labour sector, and establishes an effective enforcement and compliance system with, for the first time, shipboard certification. Co-authored by three legal experts involved throughout its negotiation, The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime discusses the MLC, 2006 within the contexts of labour and maritime law, and provides an annotated version of the text.

COVID-19 border closures cause humanitarian crew change crisis at sea

Maritime Labour Convention (MLC), 2006 stipulates mandatory financial security for repatriation costs (Standard A 2.5), and contractual compensations related to death or longterm disability of seafarers due to an occupational injury, illness or hazard (Standard A 4.2) that is to be provided by the shipowner. However, financial security system set in the MLC was prescribed very broadly and insufficiently precise and, therefore, it opened a number of questions and doubts. Among others, the following questions are particularly interesting: what the legal nature of the MLC financial security is; from the insurance standpoint, whether this is life or accident insurance, or it is liability insurance; who has an insurable interest and what the nature of that interest is; which document proves fulfilment of MLC requirements. Due to the necessity of improving financial security provisions, in 2014 Amendments to the MLC were adopted that came into force in January 2017. Although the MLC does not explicitly prescribe a system of compulsory insurance, with the third injured party the right to a direct claim (actio directa) towards the liability insurer, marine insurance given its characteristic, appeared as a very suitable method of fulfilling MLC requirements – especially P&I insurance. All the clubs within the International Group of P&I Clubs have agreed to assist their members (shipowners) in complying with these additional financial security requirements under the Amendments to the MLC and issue MLC Certificates to their members. MLC Certificates refer to the MLC Extension Clause, 2016 and thus subject the insurance to conditions and limitations in the said clause. MLC Extension Clause provisions will be added to clubs P&I Rules which form the standard P&I cover.

The Maritime Labour Convention (MLC 2006) entered into force in 2013. The MLC 2006 aims at creating a single, coherent global instrument, consolidating existing International Labour Organisation conventions, and as well constitutes one of the main international maritime instruments of the International Maritime Organization, together with the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution From Ships (MARPOL) and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). Seafarers are entitled to lodge complaints on board a ship in case of non-compliance with the legal standards, procedures, or guidelines set forth in the MLC 2006, including seafarers' human rights. The complaint system must include safeguards against victimisation. In 2015, the regulations of the MLC 2006 were implemented into a new Polish Act on Maritime Labour (MLA 2015). One of the most innovative aspects of the MLA 2015, as far as ILO Conventions are concerned, is the certification of seafarers’ living and working conditions on board ships, regulated in Chapter 8 of the Act (entitled: MLC documents and inspections and controls of the ship), as well as the on-board complaint procedure described in a detailed manner in Chapter 9 of the new Act.

The abandonment of seafarers onboard vessels by shipping companies continues to persist in the shipping industry. More than 1,676 seafarers were abandoned in 2023, 1,555 seafarers onboard 113 ships were abandoned in 2022, while a total of 1,399 seafarers onboard 94 different vessels were abandoned in 2021. This study is an attempt to establish the scope of the obligation of a vessel’s port state to protect abandoned seafarers. The prescribed scope of protection of abandoned seafarers by port states has been determined by examining the provisions of the Maritime Labor Convention(MLC), 2006, the United Nations Convention on Law of the Sea, 1982 (UNCLOS) and International Human Rights treaties. This study found that the MLC can be interpreted to impose an obligation on port states to take measures to protect abandoned seafarers. Furthermore, even if a port state has not ratified the MLC, it still has certain obligations towards abandoned seafarers under the UNCLOS, Human Rights and IMO treaties. The conclusion is that although the MLC does not expressly prescribe the duties of port states in the event of seafarer abandonment, it indirectly requires them to take measures to protect abandoned seafarers. Moreover, the obligation of port states to protect abandoned seafarers also stems from certain other international law instruments.

BackgroundOn March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic. Responses to the pandemic response disrupted Canadian social connections in complex ways; because social connections are determinants of health and well-being, their disruption could adversely affect health and well-being. Moreover, understanding how pandemics and public health responses affect social connections could inform pandemic recovery strategy and public health approaches designed for future pandemics. The purpose of this study is to understand experiences of pandemic impact on social connections over the pandemic.MethodsA sample of 343 Canadian adults was recruited through Athabasca University and social media. Participants were predominantly White (81%) and female (88%). After the pandemic onset, participants responded to open-ended questions about the impact of the pandemic on and any changes to social connections at three time points (baseline, and three- and 6 months from study entry). Responses were categorized into epochs by date (April-June 2020 [Spring]; July-August 2020 [Summer]; September 2020-January 2021 [Fall/Winter]). Qualitative thematic analysis was used to code themes for each epoch.ResultsNegative impact of the pandemic (37–45%), loss of social connections (32–36%), and alternative means of connection (26–32%) were prominent themes across the epochs. Restrictions to face-to-face connections were largest in spring (9%) and lowest in the Summer (4%). Conversely, participants increasingly reported limited contact or communication into the Fall and Winter (6–12%) as pandemic restrictions in Canada were reinstated.ConclusionsThe COVID-19 pandemic threatens social connections, with negative impacts that fluctuated with COVID-19 case rates and subsequent pandemic restrictions. These findings could be used to identify targets for social supports during the pandemic recovery, and to adjust public health strategies for future pandemics that minimize impact on social connections.

국제노동기구(ILO)는 해상근로자의 근로조건 향상과 양호한 근로환경의 보장 및 근로인격의 향상을 위하여 꾸준한 노력을 기울려 왔으며 1996년까지 채택된 39개의 해사협약과 29개의 권고를 채택하였다. 기존 해사협약은 새로운 해상 근로 환경의 변화에 따른 요구를 충족하지 못하며, 중복되는 것이 많고, 복잡한 개정구조로 인한 최신화의 어려움 등, 여러 문제점이 있다는 것이 제기되어 왔다. 이에 ILO는 2001년부터 해사 노동기준의 기존 내용을 최신화하고, 통합하는 작업을 시작하여 2006년 2월 23일 2006년 해사노동협약(Maritime Labour Convention 2006)을 채택하였다1). 따라서 여기에서는 기존 해사협약에서는 볼 수 없었던 새로운 사항에 관한 특징을 중심으로 그 의의에 관하여 살펴보고, 향후 해운산업에서의 해사노동 문제에 미치는 영향에 관하여 고찰하였다. ILO has contributed for seafarers to promote conditions of employment and decent work through maritime labour standards. Between 1920 and 1996, a total of 39 Conventions and 29 Recommendations concerning seafarers have been adopted, which demonstrates the important part of ILO activities devoted to seafarers' questions. But many instruments were outdated, deficient and not reflective of modern practice, many contained technical detail which discouraged ratification. The Governing Body of ILO, at its 262nd Session(March-April 1995), decided to set up a Working Party regarding the revision of maritime labour standards. This Working Party initiated its examination of maritime instruments to 273rd Session(November 1998) of the Governing Body. The review made by the Working Party has concluded that existing maritime Conventions were considered either up to date or were identified for promotion, most of which were approved by the Governing Body. Therefore, ILO started to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing maritime labour conventions. The Maritime Labour Convention 2006 was adopted in February 2006. This paper aims to analyze the significance of this Convention and the influence regarding to maritime labour affairs in the field of shipping industry.

Postmodernism changes in the organizational behavior contribute to improving maritime sector, strongly affected by gender bias. In this paper is presented a study on the effects of intergovernmental external requirements, namely the Maritime Labor Convention (MLC), on human resource practices. The paper contains arguments for updating legal instruments and norms on maritime labor, with postmodern gender requirements. There are identified concrete steps needed for amending MLC with requirements necessary for improving the work of seafarer women. The results of the study are useful to establish further effective strategies on recruitment, retention of seafarers and on providing equal career opportunities for women seafarers. Beside a strategy for career attraction and development for women seafarers, updating MLC normative with gender requirements represent also an effective solution for women empowerment.


 
 
 The essence of this paper is to illustrate the genuine link between the norms contained in the medieval Laws of oleron that have survived to modern times, binding certain legal solutions in the space over the ages. The Laws of oleron contain norms relating to contemporary maritime labour law. Certainly they are not a model fully reflected in the maritime labour Convention (mlC 2006). nevertheless, these principles can be an interesting starting point for discussions on the importance of decent working conditions, the lives of seafarers on ships and maritime safety culture from a few centuries perspective.
 
 

Seafarers' access to jurisdictions over labour matters

Social Connectedness Matters: Depression and Anxiety in Transgender Youth During the COVID-19 Pandemic

The primary objective of the article is to analyse the ILO’s Maritime Labour Convention (MLC) 2006 and bring into light, a few of the problems faced by the seafarers. Before the intervention of the MLC 2006 , a lack of a relevant body to uphold labour rights and standards in the shipping industry was undeniably observed, the MLC convention, through its regulations, has prescribed a firm set of guidelines for the intensely globalized shipping sector, with some exemptions, of course. The article provides a brief overview of the convention and, shipping industry and the crew that runs it. A few loopholes or favouring circumstances that are being used by shipping companies and flag states to reduce the burden of implementing some clauses of the convention are identified. Data from various published sources are collected along with personal experience and views to gain an overview of how the implementation of MLC 2006 has affected the seafarers. A brief review of the predicaments faced by the seafarers in this industry is also covered and concludes on the statement that although adoption of MLC 2006 is a historic achievement, without the proper implementation it won’t take long for the convention’s reputation to go downhill.

K. Karos is a postdoctoral researcher supported by the Research Foundation, Flanders, Belgium (grant 1244820N). F. P. Kapos is a PhD candidate who is supported by the Patrick-Beresford Fellowship in Social Epidemiology and the P.E.O. International Peace Scholarship. H. Devan is a Postdoctoral Fellow supported by the Centre for Health, Activity and Rehabilitation Research (CHARR) Postdoctoral Fellowship at the School of Physiotherapy, University of Otago, New Zealand. This review was an initiative of the Social Aspects in Pain Special Interest Group (SocSIG) of the International Association of Pain (IASP).

This article assesses the regulatory steer provided by the Maritime Labour Convention 2006, against the research evidence as to what works in making for effective worker representation and consultation on occupational safety and health. Based on the testimony of seafarers and regulatory agencies, it demonstrates that the Maritime Labour Convention provisions lack the necessary elements for an effective regulatory steer. This is because the conditions shown to support this form of representation are absent from or underdeveloped in the shipboard work environment. The article concludes with some suggested ways to enhance the Convention’s provisions to achieve a more positive effect for seafarers.JEL Codes: J28, J53, J83