Questions and Answers

What is the maritime labour convention?

It is an important new international labour convention adopted by the International Labour Organisation which sets out seafarers' rights to decent conditions of work and is intended to be globally applicable, easily understandable, readily updateable and uniformly enforced. It has been designed to become a global instrument known as the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key conventions of the International Maritime Organisation such as the International Convention for the Safety of Life at Sea, 1974, the International Convention on Standards of Training, Certification and Watchkeeping, 1978 and the International Convention for the Prevention of Pollution from Ships.

Why is it also sometimes called a consolidated maritime labour convention?

The Convention contains a comprehensive set of global standards, based on those that are already found in over 60 maritime labour instruments, adopted by the ILO since 1920. It brings almost all of the existing maritime labour standards and recommendations together in a single new convention.

Why do we need a new convention?

The decision was the result of a joint resolution in 2001 by the international seafarers' and shipowners' organisations, later supported by governments. The shipping industry is "the world's first genuinely global industry" which "requires global standards applicable to the entire industry". The very large number of existing maritime conventions made it difficult for governments to ratify and to enforce all of the standards. Many of the standards were out of date and did not reflect contemporary working and living conditions on board ships. In addition, the industry needed a more effective enforcement and compliance system that would help to eliminate substandard ships.

What will happen to the existing maritime labour conventions?

Countries which ratify the new convention, as a general rule, will no longer be bound by the existing conventions. Countries that do not ratify the new Convention will remain bound by the conventions they have ratified.

Will the new Convention deal with any new issues?

It contains a few new subjects, particularly occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers.

Why do we need effective international standards for seafarers' conditions of work?

Ships flying the flags of countries that do not exercise effective jurisdiction and control over them, as required by international law, often have crew working under unacceptable conditions, to the detriment of their well-being, health and safety and the safety of the ships on which they work. Since seafarers' working lives are spent outside the home country and their employers are also often not based in their country, effective international standards are necessary.

Also many flag states and shipowners that take pride in providing the seafarers decent conditions of work are being undercut by substandard ships.

How will the new Convention protect more of the world's seafarers?

The Convention aims to have worldwide protection because of the unswerving support governments and workers and employers have shown for it. Many existing maritime labour Conventions have a low ratification level.

The convention includes minimum work requirements, conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security.

Who are the "seafarers" covered by the Convention?

The Convention applies to all persons who are employed or engaged or work in any capacity on board ships covered by the Convention. These ships include all ships engaged in commercial activities, other than ships which navigate exclusively in inland waters or where port regulations apply. Fishing vessels and traditional dhows and junks are also excluded.

What will be the advantages for ships of ratifying countries?

The ships of ratifying countries that provide decent conditions of work for their seafarers will have protection against unfair competition from substandard ships and will benefit from a system of certification, avoiding or reducing the likelihood of lengthy delays related to inspections in foreign ports.

How does the new Convention propose to improve compliance and enforcement?

It aims to establish a continuous "compliance awareness" at every stage from the national systems of protection up to the international system.

Individual seafarers will have to be properly informed of their rights and of the remedies available in case of alleged non-compliance with the Convention. Their right to make complaints, both on board ship and ashore, will be recognised in the Convention.

Shipowners who own or operate ships of 500 gross tonnage and above engaged in international voyages or voyages between foreign ports will be required to ensure the Convention is being complied with. The masters of these ships will be responsible for keeping proper records to evidence implementation of the Convention.

The flag State will review the shipowners' plans and verify and certify that they are actually being implemented. Ships will then be required to carry a maritime labour certificate and a declaration of maritime labour compliance on board.

Flag States are expected to ensure that national laws and the Convention standards are respected on smaller ships. Countries that are primarily the source of the world's supply of seafarers are also covered by the convention and the system will be further reinforced by port state control, where ships will be subject to inspection and possible detention if they do not met the minimum standards of the new convention.

Will the Convention require ratifying countries to apply the ILO's core human rights conventions?

Under Article III of the Convention ratifying countries have to satisfy themselves that their laws and regulations respect, in the context of the Convention, fundamental rights, such as freedom of association, that are embodied in the core conventions.