SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

• provisions affecting ship construction and equipment (Title 3) will not apply to shipsconstructed before the Convention comes into force for the country concerned [seeC3.1.a. Do the accommodation requirements of Title 3 apply to existing ships?].Smaller ships (less than 200 GT) may be exempted from specific accommodationrequirements [see C3.1.j. Is there any flexibility provided with respect to therequirements for accommodation and recreational facilities?];• provision is made (Article VII) for the situation of countries that may not havenational organizations of shipowners or seafarers to consult;• in connection with social security coverage under Regulation 4.5, provision is madefor national circumstances and for bilateral, multilateral and other arrangements [seeC4.5.b. What does the MLC, 2006 require for social security?].A17. Is the MLC, 2006 already applicable?The MLC, 2006 is not yet binding under international law for the countries that haveratified it. Under Article VIII, it will enter into force12 months after the date on whichthere have been registered ratifications by at least 30 Members of the ILO with a totalshare in the world gross tonnage of ships of at least 33 per cent. This is a higher than theusual ratification level (for ILO Conventions), and intended to assure greater actual impact.It reflects the fact that the enforcement and compliance system established under theConvention needs widespread international cooperation in order to be effective. Sincemany of the obligations under the Convention are directed to shipowners and flag States itis important that ILO Members with a strong maritime interest ratify the Convention.As of January 2012 the MLC, 2006 has been ratified by [22] countries representingmore than [56] per cent of the world gross tonnage of ships although seven moreratifications are needed to trigger entry into force 12 months later, numerous private sectoractors and countries have moved forward ahead of the international legal situation andhave begun to inspect and, if required, certify ships.A18. Why is the MLC, 2006 likely to achieve the aim of near universalratification?There are a number of indicators suggesting that near universal ratification will beachieved: one is the unprecedented vote in favour of the Convention. It was adopted by theInternational Labour Conference by a record vote of 314 in favour and none against (twocountries (four votes) abstained for reasons unrelated to the substance of the Convention),after detailed review by over 1,000 participants drawn from 106 countries. This almostunprecedented level of support reflects the lengthy international tripartite consultation thattook place between 2001 and 2006 and the unswerving support that had been shown by thegovernments and workers and employers who worked together since 2001 to develop theConvention text. It has been designed to achieve near universal ratification because of itsblend of firmness on rights and flexibility with respect to approaches to implementation ofthe more technical requirements and because of the advantages it gives to the ships ofcountries that ratify it. Finally, the ships of ratifying countries that provide decent workingconditions for their seafarers will have an advantage as they will be protected againstunfair competition from substandard ships [see A4. What is meant by the “no morefavorable treatment” clause?]. By benefitting from a system of certification they will,henceforth, avoid or reduce the likelihood of lengthy delays related to inspections inforeign ports.10 FAQ