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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