| Maritime Labour Convention | |
|---|---|
| Ratifications of the Convention (countries in blue have ratified, but have not finished all formalities) | |
| Drafted | 7 February 2006 |
| Signed | 23 February 2006 |
| Location | Geneva |
| Effective | not in force |
| Condition | 30 ratifications; representing 33% of gross tonnage of ships |
| Ratifiers | 22 |
| Depositary | Director-General of the International Labur Office |
| Languages | French and English |
| Maritime Labour Convention at Wikisource | |
| Admiralty law |
|---|
| History |
| Ordinamenta et consuetudo maris Amalfian Laws Hanseatic League |
| Features |
| Freight rate · General average Marine insurance · Marine salvage Maritime lien · Ship mortgage Ship registration · Ship transport Shipping |
| Contracts of affreightment |
| Bill of lading · Charter-party |
| Types of charter-party |
| Bareboat charter · Demise charter Time charter · Voyage charter |
| Parties |
| Carrier · Charterer · Consignee Consignor · Shipbroker · Ship-manager Ship-owner · Shipper · Stevedore |
| Judiciary |
| Admiralty court Vice admiralty court |
| International conventions |
| Hague-Visby Rules Hamburg Rules Rotterdam Rules UNCLOS Maritime Labour Convention |
| International organisations |
| International Maritime Organization London Maritime Arbitrators Association |
The Maritime Labour Convention (MLC) is an International Labour Organization Convention established in 2006, which has not yet entered into force as it has been ratified by only 22 of the required 30 states. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands and Panama) represented over 43% of the gross world tonnage[1] (which is over 33%; the second requirement for entry into force).
The treaty was established in 2006 as the Fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions".[2] The other "pillars are the SOLAS, STCW and MARPOL.
Contents |
The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of for Titles in which specific provisions are grouped by standard (or in Title 5: mode of enforcement):
For Each Title, there are general Standards, which are further specified in mandatory Regulations (list A) as well as Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.
The minimum requirements set out in this section of the code are devided in 4 parts and are summarized below:
The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.
After tripartite negotiations had started in 2001, the convention was adopted during the 94th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers and workers, who each held a single vote per country.[3]
The convention changes 37 ILO conventions, which means that these conventions upon entry into force of this convention will close for ratification (if not already) and that entry into force for a specific country means automatic denouncement its ratification to other conventions (if not already).
The treaty has been ratified by 22 countries, many of which are large flag states in terms of the tonnage they transport. The European Union has advised its 27 members to ratify the treaty by 31 December 2010.[4] The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organisation, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010. As of 30 October 2011 however, only Bulgaria, Denmark, Latvia, Luxembourg, the Netherlands and Spain had done so.[2]
| Country | Date | Notes | % of world gross tonnage[5] |
|---|---|---|---|
| Antigua and Barbuda | 11 August 2011 | 1.0 | |
| Australia | 14 December 2011 | <0.3 | |
| Bahamas | 11 February 2008 | 5.0 | |
| Benin | 13 June 2011 | <0.3 | |
| Bosnia and Herzegovina | 18 January 2010 | <0.3 | |
| Bulgaria | 12 April 2010 | <0.3 | |
| Canada | 15 June 2010 | <0.3 | |
| Croatia | 12 February 2010 | <0.3 | |
| Denmark | 23 June 2011 | 1.06 (Danish International Ship Register) | |
| Gabon | 12 May 2011 | no declaration | <0.3 |
| Kiribati | 24 October 2011 | <0.3 | |
| Latvia | 12 August 2011 | no declaration | <0.3 |
| Liberia | 7 June 2006 | 11.1 | |
| Luxembourg | 19 September 2011 | <0.3 | |
| Marshall Islands | 25 September 2007 | 6.1 | |
| Netherlands | 13 December 2011 | only the European part of the Kingdom | 0.6 |
| Norway | 10 February 2009 | 1.5 (Norwegian International Ship Register) | |
| Panama | 6 February 2009 | 22.6 | |
| Saint Vincent and the Grenadines | 9 November 2010 | 0.6 | |
| Singapore | 15 June 2011 | 4.8 | |
| Spain | 4 February 2010 | <0.3 | |
| Switzerland | 21 February 2011 | <0.3 | |
| Total: 22 | Total: 56% |