The Maritime Labour Convention: Assessing Its Effectiveness in Safeguarding UK Seafarers

Posted: February 29th, 2024

The Maritime Labour Convention: Assessing Its Effectiveness in Safeguarding UK Seafarers

The maritime industry is a vital component of the global economy, facilitating the transportation of goods and commodities across international borders. However, the seafarers who operate these vessels often face challenging working conditions, extended periods away from home, and potential exploitation. To address these concerns, the International Labour Organization (ILO) adopted the Maritime Labour Convention (MLC) in 2006, which came into force in 2013 (ILO, 2018). This research essay examines the effectiveness of the MLC in protecting UK seafarers and discusses the challenges and opportunities associated with its implementation.

The Maritime Labour Convention: An Overview
The MLC is an international agreement that establishes minimum working and living standards for seafarers worldwide. It consolidates and updates more than 68 international labour standards related to the maritime sector adopted over the past 80 years (Zhang and Zhao, 2015). The Convention covers a wide range of issues, including minimum age, employment agreements, hours of work and rest, payment of wages, paid annual leave, repatriation, onboard medical care, the use of licensed private recruitment and placement services, accommodation, food and catering, health and safety protection, accident prevention, and complaint handling (ILO, 2018).

The UK ratified the MLC in 2013, and it entered into force for the country in 2014 (UK Government, 2020). As a result, UK-flagged ships and ships that enter UK ports are subject to inspections to ensure compliance with the Convention’s requirements. The Maritime and Coastguard Agency (MCA) is responsible for enforcing the MLC in the UK.

Impact on UK Seafarers
The implementation of the MLC has had a positive impact on the working conditions of UK seafarers. A study by Sampson and Ellis (2019) found that the Convention has led to improvements in employment agreements, wages, and onboard living conditions for seafarers. The study also highlighted the importance of effective enforcement mechanisms to ensure compliance with the MLC’s provisions.

However, challenges remain in ensuring the full protection of UK seafarers under the MLC. One issue is the prevalence of flags of convenience, whereby ship owners register their vessels in countries with less stringent labour regulations to avoid compliance with the Convention’s requirements (Exarchopoulos et al., 2018). This practice can undermine the effectiveness of the MLC in protecting seafarers’ rights.

Another challenge is the growing use of multinational crews, which can lead to disparities in pay and working conditions among seafarers from different countries (Zhang et al., 2020). The MLC aims to address this issue by requiring equal treatment for all seafarers, regardless of nationality, but enforcement can be difficult in practice.

Implementation and Enforcement
The effectiveness of the MLC in protecting UK seafarers depends on its proper implementation and enforcement. The MCA plays a critical role in this regard, conducting inspections of ships and investigating complaints from seafarers. In 2019, the MCA carried out 2,352 inspections of UK-flagged ships and 1,449 inspections of foreign-flagged ships in UK ports (MCA, 2020).

However, the MCA faces resource constraints that can limit its ability to enforce the MLC effectively. A report by the National Audit Office (2018) found that the agency’s budget had decreased by 17% in real terms between 2010-11 and 2017-18, while its responsibilities had increased. This has led to concerns about the MCA’s capacity to monitor and enforce compliance with the Convention.

To address these challenges, the UK government has taken steps to strengthen the implementation of the MLC. In 2018, it introduced the Seafarers’ Wages Bill, which aims to ensure that seafarers are paid at least the UK national minimum wage while working on ships in UK waters (UK Parliament, 2018). The bill also grants port state control authorities the power to detain vessels if seafarers are not paid the minimum wage.

International Cooperation
The effectiveness of the MLC in protecting seafarers’ rights also depends on international cooperation and coordination. As a global industry, shipping requires a consistent approach to labour standards across different countries to prevent a “race to the bottom” in terms of working conditions.

The ILO plays a key role in promoting international cooperation on the MLC. It provides technical assistance to member states to help them implement the Convention and monitors compliance through a system of regular reporting (ILO, 2018). The ILO also works with other international organizations, such as the International Maritime Organization (IMO), to promote a coordinated approach to maritime labour issues.

However, challenges remain in ensuring consistent implementation of the MLC across different countries. Some states may lack the capacity or political will to enforce the Convention’s requirements, while others may prioritize economic considerations over labour standards. Addressing these challenges requires ongoing dialogue and cooperation among governments, industry stakeholders, and seafarers’ organizations.

Conclusion
The Maritime Labour Convention represents a significant step forward in protecting the rights of seafarers worldwide, including those from the UK. By establishing minimum standards for working and living conditions, the Convention aims to ensure that seafarers are treated fairly and with dignity, regardless of their nationality or the flag of the ship they work on.

However, the effectiveness of the MLC in protecting UK seafarers depends on its proper implementation and enforcement, as well as international cooperation and coordination. While progress has been made in improving working conditions for seafarers, challenges remain in areas such as flags of convenience, multinational crews, and resource constraints for enforcement agencies.

Addressing these challenges requires ongoing efforts by governments, industry stakeholders, and seafarers’ organizations to promote compliance with the MLC and ensure that its provisions are effectively implemented in practice. By working together to prioritize the welfare and rights of seafarers, we can create a more sustainable and equitable maritime industry for all.

References:
Exarchopoulos, G., Zhang, P., Pryce-Roberts, N., and Zhao, M. (2018). Seafarers’ welfare: A critical review of the related legal issues under the Maritime Labour Convention 2006. Marine Policy, 93, 62-70. https://doi.org/10.1016/j.marpol.2018.04.005

International Labour Organization. (2018). Maritime Labour Convention, 2006, as amended. https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:91:0::NO::P91_SECTION:MLCA_AMEND_A1

Maritime and Coastguard Agency. (2020). Annual Report and Accounts 2019-20. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/914718/MCA_Annual_Report_and_Accounts_2019_20_PRINT.pdf

Sampson, H., and Ellis, N. (2019). Seafarers’ mental health and wellbeing. IOSH. https://www.iosh.com/media/6306/seafarers-mental-health-wellbeing-full-report.pdf

UK Government. (2020). Maritime Labour Convention, 2006. https://www.gov.uk/guidance/maritime-labour-convention-2006

UK Parliament. (2018). Seafarers’ Wages Bill [HL] 2017-19. https://bills.parliament.uk/bills/2093

Zhang, P., and Zhao, M. (2015). Maritime Labour Convention, 2006 and the Chinese seafarers: How far is China to ratification? Marine Policy, 61, 54-65. https://doi.org/10.1016/j.marpol.2015.06.028

Zhang, P., Zhao, L., Vata, O., and Rajagopal, S. (2020). Restructuring seafarers’ welfare under the Maritime Labour Convention: An empirical case study of Greece. Maritime Business Review, 5(4), 373-389. https://doi.org/10.1108/MABR-02-2020-0009