MLC 2006, FOURTH PILLAR OF THE INTERNATIONAL MARITIME INDUSTRY

Between September 13 and 24, 2004, in Geneva, Switzerland, as a Senior Officer of the Chilean Navy, fulfilling DIRECTEMAR functions, I had the honor of being part of the Chilean Delegation, which participated in the Maritime Preparatory Conference for the Consolidated Maritime Labor Convention.

Some 500 delegates, representatives of seafarers, governments and shipowners from 88 countries participated in this Conference, organized as follows:

• A Conference Bureau
• A Commission on the Organization of Work
• Three Technical Commissions.

In order to obtain the maximum of experiences in this transcendental Conference, the delegates were distributed in the different areas allowed by the organization described above. In my case, I actively participated in Technical Commission No. 2, being elected Vice-Chairman of the same, and where we worked on issues related to maritime personnel requirements, training, qualifications, safety standards, among others.

Subsequently, in February 2006, nearly 1,000 delegates from 106 countries unanimously adopted this Convention during the 94th (maritime) session of the International Labor Conference, achieving the long-desired dream of consolidating and updating in a single text a large number of existing instruments to date, with the aim of ensuring decent working and living conditions on board ships for seafarers.

I cannot fail to point out that, among the many people who participated, the figure of the distinguished Chilean diplomat Juan Somavía Altamirano, who played a major role, stands out clearly. Indeed, the Maritime Labor Convention (MLC 2006) became one of the main objectives of his extensive mandate as Director General of the International Labor Organization (from March 1999 to September 2012).

On August 20, 2012, in his Speech of approval of the Convention, reflecting the great satisfaction that overwhelmed him, Don Juan Somavia expressed that "...we are talking about approximately 1.2 million seafarers and about 70,000 ships of the world merchant fleet and from there we can infer the importance of this Convention. This is only the beginning. One day, it will be engraved in history that the dialogue allowed not only to overcome the difficulties of life, work and activities in the context of maritime transport, but also to define a new paradigm to face the challenges of a fair globalization".

The MLC 2006 is the "fourth pillar" of the most relevant maritime standards relating to international shipping, complementing the three most important conventions adopted by the IMO during the 1970s; the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW).

Due to the opportunity I had to participate in its revision stage, I have followed with great interest the process of ratification and implementation of this Convention. In addition, I have had the opportunity to present on its scope in the IV Forum on Training and Placement of Seafarers "Hazte a la Mar", held in Guatemala, in November 2012 and during the Regional Conference of Maritime Authorities of ROCRAM-CA, held in Dominican Republic, in February 2013.

OBJECTIVES OF THE CONVENTION

The Agreement has three main objectives:

1. To establish a solid set of principles and rights.
2. To allow Members a considerable degree of flexibility in the way they apply those principles and rights.
3. To ensure that compliance with and monitoring of the application of the principles and rights is done in an appropriate manner.

STRUCTURE OF THE CONVENTION

The Convention is a three-level vertical integration:

1. The convention and its articles (16 articles).
2. The Regulations and their rules.
3. The Code and its provisions.

The Articles of the Convention and the Regulations establish the fundamental rights and principles and the basic obligations of the ratifying Members of this Convention.

The Code details the application of the Regulations. Similar to the ISPS Code or the STCW Code, the MLC Code is composed of a Part A, with a set of mandatory rules, and a Part B, with non-mandatory or indicative guidelines.

The Convention Regulations and Code are organized, by general subject matter, into five Titles:

• Title 1: Minimum Requirements for Work on Board Ships.
• Title 2: Conditions of Employment.
• Title 3: Accommodation, Recreational Facilities, Food and Catering.
• Title 4: Health Protection, Medical Care, Welfare and Social Protection.
• Title 5: Compliance and enforcement.

The Convention is supplemented by an Explanatory Note, which is not part of the Convention, and by Guidelines for Flag and Port State Inspectors, developed by a Tripartite Commission under the auspices of the International Labor Organization (ILO).

TO WHOM IS THE CONVENTION ADDRESSED?

It is addressed primarily to ratifying ILO Member States and Article 1 establishes the commitment they assume when acting in any of the following situations:

• As a Flag State.
• As a Port State.
• As a seafarer supplying country.

In other words, States shall give full effect to the provisions of the Convention and cooperate in the implementation and enforcement of the Convention, of course in direct accordance with national maritime legislation.

This implies for each State, the responsibility and obligation to establish an efficient system of inspection of ships and a system of control of Placement Agencies.

TO WHOM AND TO WHAT DOES THE CONVENTION APPLY?

The Convention aims to ensure decent working and living conditions on board ships for seafarers. In this context the Convention establishes very clear and specific definitions, such as:

• Seafarer: All persons working in any capacity on a ship to which the Convention applies.
• Ship: Any vessel other than those navigating exclusively in sheltered waters or areas where port regulations apply.

RATIFICATION OF THE CONVENTION

According to the rules of the Convention, it would enter into force 12 months from the date of ratification by at least 30 countries, together representing 33% of the gross tonnage (GT) of the world merchant fleet. The world fleet tonnage requirement was met during 2009.

On August 20, 2012, the Russian Federation and the Philippines became number 29 and 30 respectively, determining that the Convention will enter into force internationally on August 20, 2013.