The Maritime Labour Convention 2006 in human rights context: An appraisal

Abstract

The industry of shipping has been integral to human civilisation since its inception, and continue to be essential today. In fact, the vast majority of international trade, approximately 97%, is conducted through waterways. Seafarers are a vital part of this process, playing a critical role in ensuring the smooth operation of the global supply chain. Despite their importance, seafarers have historically not been granted fundamental rights. The International Labour Organisation (ILO) attempted to address this issue with a series of conventions and treaties between 1920 and 1996, but these legal instruments failed to produce the desired results. The "Maritime Labour Convention 2006" (MLC-2006) is a landmark convention that went into effect on 20th August 2013. It incorporates all previous ILO instruments and is regarded as the "fourth pillar" of the international maritime legal system, alongside SOLAS, MARPOL, STCW, and the "Seafarers' Bill of Rights." The aim of this study is to evaluate the MLC-2006 from the standpoint of human rights in order to determine whether it genuinely preserves seafarers' rights as a charter of rights because some believe it is an intentional attempt to restrict competitive advantage. Nonetheless, the MLC-2006's zero-favourable treatment concept creates a "level playing field" and a barrier to biased competition for every state in the worldwide maritime sector. In conclusion, this study evaluates the MLC-2006's impact on seafarers' rights and contributes to the on-going discussion around this important issue.