New Zealand seafarers welcome New Zealand adopting Maritime Labour Convention

The Maritime Labour Convention 2006 (MLC) is an international treaty adopted by the International Labour Organisation and lays out minimum rights for seafarers and promotes good employment practices across the shipping industry.

The Mar­itime Union of New Zealand has wel­comed news that New Zealand will be rat­i­fy­ing the Mar­itime Labour Con­ven­tion.

The Mar­itime Labour Con­ven­tion 2006 (MLC) is an inter­na­tion­al treaty adopt­ed by the Inter­na­tion­al Labour Organ­i­sa­tion and lays out min­i­mum rights for sea­far­ers and pro­motes good employ­ment prac­tices across the ship­ping indus­try.

It has been described as a “sea­far­ers bill of rights.”

Mar­itime Union Nation­al Sec­re­tary Joe Fleet­wood says the Union has been advo­cat­ing New Zealand become a sig­na­to­ry to the MLC for some time.

“Most devel­oped nations includ­ing Aus­tralia are signed up to the MLC and it was an anom­aly that New Zealand was not.”

Mr Fleet­wood says the MLC has a num­ber of impli­ca­tions for New Zealand.

“The Mar­itime Union works with the Inter­na­tion­al Trans­port Work­ers’ Fed­er­a­tion (ITF) to recov­er wages and deal with crew wel­fare issues. We note that this work is done by the unions, not by the Gov­ern­ment, and we deal with con­stant issues on flag of con­ve­nience ves­sels on the New Zealand coast.”

The Mar­itime Union is an affil­i­ate of the ITF which works to ensure the safe­ty and well­be­ing of sea­far­ers glob­al­ly.

Mr Fleet­wood says that ships that have prob­lems with crews often had mul­ti­ple issues includ­ing safe­ty and sea­wor­thi­ness.

“The dereg­u­lat­ed approach to this and oth­er aspects of the mar­itime indus­try has been recog­nised as a fail­ure, so now the move is back towards prop­er over­sight of the indus­try by Gov­ern­ment.”

More about the MLC – back­grounder

The MLC incor­po­rates and builds on 68 pre exist­ing mar­itime labour con­ven­tions and rec­om­men­da­tions to ensure decent work­ing and liv­ing con­di­tions.

The MLC has been described as the fourth pil­lar of ship­ping reg­u­la­tion, along­side Solas (Inter­na­tion­al Con­ven­tion for Safe­ty of Life at Sea), Mar­pol (Inter­na­tion­al Con­ven­tion for Pre­ven­tion of Pol­lu­tion from Ships) and the STCW (Stan­dards of Train­ing, Cer­ti­fi­ca­tion and Watch­keep­ing), and is intend­ed to be strict­ly enforced by flag states and port state con­trol.

It should pro­vide a ‘one-stop shop’ for labour stan­dards, so all sea­far­ers should be able to enjoy com­pre­hen­sive pro­tec­tion of their fun­da­men­tal rights.

It should also ensure good employ­ment prac­tice across the indus­try, cre­at­ing a lev­el play­ing field in which good ship oper­a­tors are not put at an eco­nom­ic dis­ad­van­tage by bad ones.

The MLC address­es a range of mat­ters, includ­ing: the oblig­a­tions of ship­ping com­pa­nies with respect to sea­far­ers’ con­trac­tu­al arrange­ments; the respon­si­bil­i­ties of man­ning agen­cies; work­ing hours; health and safe­ty; exist­ing ILO mar­itime stan­dards; and accept­ed good employ­ment prac­tice.

Under it, every ship over 500 gross ton­nage oper­at­ing in inter­na­tion­al waters or between ports of dif­fer­ent coun­tries will have to have a mar­itime labour cer­tifi­cate issued by its flag admin­is­tra­tion fol­low­ing an inspec­tion. There will also be a require­ment for ships to com­plete and main­tain on board a dec­la­ra­tion of mar­itime labour com­pli­ance.

There are also sig­nif­i­cant pro­vi­sions on wel­fare. States will be invit­ed to set up wel­fare boards, as well as to con­sid­er the upgrad­ing of exist­ing sea­far­ers’ wel­fare facil­i­ties and the estab­lish­ment of new ones.

The MLC stip­u­lates that every­one work­ing on board a cruise ship mak­ing inter­na­tion­al voy­ages is a sea­far­er and enti­tled to the pro­tec­tions it guar­an­tees – the first time ever that work­ers on cruise ships have fall­en under such a def­i­n­i­tion.

The Inter­na­tion­al Trans­port Work­ers’ Fed­er­a­tion (ITF) has worked along­side ship­ping organ­i­sa­tions, the Inter­na­tion­al Labour Organ­i­sa­tion (ILO) and gov­ern­ments for over a decade to joint­ly cre­ate and shape the MLC, and is com­mit­ted to mon­i­tor­ing and assist­ing its imple­men­ta­tion and per­suad­ing many more coun­tries to rat­i­fy it.

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