When the ILO adopted the Maritime Labour Convention, 2006 in February 2006, Director-General Juan Somavia called it “making labour history” for the world’s more than 1.2 million seafarers. Two years on, the MLC has been ratified by three key flag States representing nearly 20 per cent of the world’s gross tonnage with many more ratifications and industry agreements already under way. A five-year ILO action plan designed to achieve entry into force by 2011 moved forward last September with two key tripartite experts’ meetings to adopt guidelines for flag State inspections and port State control officers.
The growing numbers of ship detentions in many ports worldwide show the continuous need for a global system of regular port inspections. In the European Union for example, the number of detentions has risen for the second year in a row, from 944 in 2005 to 1,174 in 2006 and 1,250 in 2007.
Discussions on the guidelines came in two sessions. In the first, on 15-19 September, guidelines were adopted regarding flag State inspections and focused on such issues as the precise requirements that are to be checked for compliance; what evidence will be needed by the inspector to certify compliance in the different areas to be inspected; and what actions should be considered in the case of non-compliance.
The second session, on 22-26 September, adopted guidelines for port State control officers carrying out MLC inspections. Port State inspections are carried out on foreign ships visiting a port of the country concerned to reinforce the flag State inspections and also to protect ship owners that conform to the standards of the MLC, 2006 against unfair competition from substandard ships.
The MLC, 2006 will come into force 12 months after ratification by at least 30 ILO member States with a total share of at least 33 per cent of the world’s gross tonnage of ships. So far, Liberia, the Marshall Islands and the Bahamas have ratified it. Together they represent nearly 20 per cent of the world’s gross tonnage. A large number of other countries in all regions have already taken steps toward ratification. In June 2007, the EU Council adopted a decision authorizing all EU Member States to ratify the MLC, 2006 in the interest of the European Community before 31 December 2010.