The United Kingdom ratified the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006) on 7 August 2013. This ratification also covers the Isle of Man and Gibraltar.
With the ratification of the Maritime Labour Convention, 2006 (MLC, 2006) by the United Kingdom, 41 ILO Member States, representing 75.3 per cent of the world gross tonnage of ships and more than 50 percent of the world’s 1.2 million seafarers have now committed themselves to the Convention, which comes into force on 20 August.
In addition to becoming the 41st ILO Member State to ratify the MLC, 2006, the United Kingdom is also the 15th European Union member to have ratified the landmark Convention. The MLC, 2006 will become the fourth pillar of the international maritime legal regime complementing key Conventions of the International Maritime Organization (IMO) with decent working and living conditions for seafarers and conditions of fair competition for ship owners.
The United Kingdom actively participated in the design and promotion of the MLC, 2006 and, by virtue of its ratification, joins the other 14 EU Member States in implementing the EU Council decision of 2007 authorizing the ratification of the Convention and inviting member States to complete the ratification process.
As an island nation, the United Kingdom has over 120 commercial ports and is currently constructing its first 21st Century major deep-sea port, the London Gateway, which will be able to handle the biggest container ships in the world and is expected to create over 12,000 new jobs.
More than 24,100 UK nationals work as seafarers. Its maritime sector creates up to some 263,000 jobs and directly contributes nearly £13.8 billion to the GDP. It also has 1,383 registered vessels totalling more than 16.57 million gross tonnage under its flag.
The Isle of Man, which is included among the top 20 countries or territories for merchant fleet, stands in the world’s top 15 in terms of tonnage. In addition, Gibraltar, which is strategically located at the crossroads of the Mediterranean and Atlantic shipping lanes, is at the forefront of maritime activity and its ship registry has experienced steady growth over the past eight years.
In transmitting the instrument of ratification, Mark Matthews, Deputy Permanent Representative of the United Kingdom to the United Nations in Geneva, stated: “This Convention is about promoting acceptable working conditions for seafarers globally. It will also promote a level playing field for the UK merchant fleet and have spin-offs for international trade. I am therefore very pleased to be adding the UK’s name to the list of countries that have ratified the Convention.”
In welcoming the ratification of the MLC, 2006 by the United Kingdom, ILO Director-General Guy Ryder, stated: “It is a pleasure to welcome the ratification of the Maritime Labour Convention, 2006, by the United Kingdom, along with Gibraltar and the Isle of Man, during this monumental time in maritime history as we approach the date when the Convention comes into effect. This ratification is particularly fitting given the great contribution by the United Kingdom to the training and other activities promoting the success of the Convention. Not only did the United Kingdom play an important role during the development of the MLC, 2006, it has also demonstrated the positive results that may be achieved through effective tripartite consultations and discussions. This ratification by such important participants in the maritime industry – the United Kingdom, alone, has nearly 1,500 vessels flying its flag and an advanced Port State Control, not to mention the importance of Gibraltar and the Isle of Man – helps to ensure that the decent working and living conditions for the world’s seafarers will truly be implemented and enforced.”
The MLC, 2006 will enter into force on 20 August 2013 for the first 30 ratifying countries (the 30 countries that had a registered ratification on 20 August 2012). For countries that have registered their ratification after 20 August 2012, the MLC, 2006 will enter into force 12 months after their ratification. Ratification by countries representing at least 33 per cent of the world’s total gross global tonnage of shipping, and at least 30 ILO Member States, were required for the Convention to come into force.
Japan ratifies the Maritime Labour Convention, 2006 (MLC, 2006)
Japan is the 40th ILO Member State to have its ratification registered and the 10th from the Asia-Pacific region – after Singapore, Australia, Fiji, Kiribati, Marshall Islands, Palau, Philippines, Tuvalu and Viet Nam – to have ratified the international agreement.
Whilst the Government of Japan earlier registered its ratification of the Maritime Labour Convention, 2006 (MLC, 2006) with the International Labour Office on 5 August.
With the ratification by Japan, ILO Member States representing 70.7 per cent of the world’s global shipping tonnage and more than 50 percent of the world’s estimated 1.2 million seafarers have now committed themselves to the decent work standards of the Convention, which comes into force on 20 August.
Japan is the 40th ILO Member State to have its ratification registered and the 10th from the Asia-Pacific region – after Singapore, Australia, Fiji, Kiribati, Marshall Islands, Palau, Philippines, Tuvalu and Viet Nam – to have ratified the international agreement.
The new Convention will be the “fourth pillar” of the international legal regime complementing key Conventions of the International Maritime Organization (IMO), setting international standards for training and certification of seafarers, ship safety and security, and the prevention of ship source pollution. When the MLC, 2006 enters into force on August 20, 2013, ensuring decent working and living conditions for seafarers will become a key indicator of a quality ship owner.
Japan played a key leadership role in the nearly six years of intensive tripartite meetings leading to the adoption of the MLC, 2006 in February 2006. Japan is the world’s second largest ship-owning country and among the top-ten flags of registration based on registered tonnage.
Japan is also an important country for port State control inspection of conditions on foreign flag ships and hosts the Secretariat of the Tokyo Memorandum of Understanding on Port State Control which is one of the most active regional port State control organizations bringing together 18 maritime authorities of the Asia-Pacific region.
In transmitting the instrument of ratification, Mr Masakuni Hirashima, Counsellor at the Permanent Mission of Japan to the United Nations and Other International Organizations in Geneva, stated: “On behalf of the Government of Japan, I am submitting the instrument of ratification of the Maritime Labour Convention, 2006. As a party to the Convention, Japan is determined to fulfil its obligations faithfully. I believe that Japan’s ratification marks a significant step in advancing the cause of the Convention, which is improving the working environment of seafarers while maintaining a level playing field in the international maritime market. Japan played a key role as vice-chair country in the process of developing the Convention. Japan proactively contributed to the discussion under careful consideration of the opinions from all stakeholders of each Member State in order to make the Convention most effective and to achieve a higher level of ratification. Japan, as one of the major maritime nations of the world, wishes that the purpose of the Convention is realized in due course by widespread ratification, and will continue its commitment to ensure the development of maritime industry.”
In receiving the instrument of ratification of the MLC, 2006 by Japan, Ms Cleopatra Doumbia-Henry, Director of the ILO’s International Labour Standards Department said: “Some two weeks before the MLC, 2006 enters into force, the ratification by an important maritime nation such as Japan clearly confirms the readiness of the key players in the global maritime industry to endorse the new regulatory framework for maritime employment. As an island nation and one of the most advanced industrial powers in Asia, Japan is dependent on sea trade and therefore on reliable and efficient shipping.”
“By ratifying the MLC, 2006, Japan recognizes the decisive role this new global standard can play in promoting the competitiveness and maintaining the excellence of the Japanese maritime industry,” Ms. Doumbia-Henry said. “I wish to thank the Government of Japan for its active and constructive engagement in the long preparatory work that eventually led to the adoption of the new Convention and I firmly believe that Japan’s ratification will pave the way for other important flag States in the region.”
The MLC, 2006 will enter into force on 20 August 2013, one year after the ILO received its 30th ratification, one of two thresholds required for its coming into force (the other requirement, that ratifying countries represent 33 percent of the world’s gross shipping tonnage, was achieved in 2009). For countries that registered their ratification after 20 August 2012, the Convention will enter into force 12 months after ratification.
Also, South Africa too had earlier in the year ratified four international labour Conventions:
The Government of the Republic of South Africa deposited with the International Labour Office the instrument of ratification of four international labour Conventions, the Labour Inspection Convention, 1947 (No.81), the Maritime Labour Convention, 2006 (MLC, 2006), the Work in Fishing Convention, 2007 (No. 188), and the Domestic Workers Convention, 2011 (No. 189).
On 20 June 2013, the Government of the Republic of South Africa deposited with the International Labour Office the instrument of ratification of four international labour Conventions, the Labour Inspection Convention, 1947 (No.81), the Maritime Labour Convention, 2006 (MLC, 2006), the Work in Fishing Convention, 2007 (No. 188), and the Domestic Workers Convention, 2011 (No. 189).
In depositing the four instruments of ratification, Mr. Leslie Kettledas, Deputy Director-General of the Ministry of Labour stated: “We are particularly honoured to have completed this process and be able to transmit today the four instruments of ratification. This has been a lengthy process and the role of the International Labour Office has been decisive in this regard. ILO’s assistance accompanied all steps of our effort, from undertaking a gap analysis of the national legislation to organizing tripartite workshops, conducting consultations with relevant stakeholders and ensuring Parliamentary support. After ratification comes implementation, of course; we have to make sure that the legislation gives full effect to the requirements of these Conventions and we hope that the ILO stands ready to assist us again should any issues arise in this regard.”
The Employers’ delegate, Mr. Mason Mthunzi Mdwaba, Vice-President of Business Unity South Africa, hailed this momentous occasion and expressed his full support for further strengthening the relationship between South Africa and the ILO as well as his appreciation for the continued assistance received from the Office. The Workers’ delegate, Mr. Bheki Ntshalintshali, Deputy Secretary-General of the Congress of South African Trade Unions, said that while he was grateful for the outcome, he understood people being at times impatient with the lengthy process and added that workers in his country looked forward to seeing the four ratified Conventions making the difference in their everyday lives.”
In welcoming the ratification of the MLC, 2006 and of Conventions Nos. 81, 188 and 189 by the Republic of South Africa, ILO Director-General Guy Ryder said: “On this closing day of the 102nd session of the International Labour Conference, it gives me great pleasure to receive the instruments of ratification of four Conventions, including the governance Convention on labour inspection, the landmark Maritime Labour Convention, 2006, and two of the most recent global standards developed by our Organization, that is the Convention on decent working and living conditions for fishers and the first instrument ever to cover domestic workers. This is an important achievement, especially bearing in mind that South Africa has ratified 23 Conventions in total and that the last ratification was registered some ten years ago in 2003. Today’s ratifications show that the Government of South African is resolutely committed to address, in a true spirit of tripartism and social dialogue, modern challenges to the world of work and enhance the level of protection afforded to some of the most vulnerable workers: fishers, domestic workers and seafarers, who frequently fall victims to exploitation and abusive practices. I congratulate our tripartite constituency in South Africa for this remarkable demonstration of attachment to the values of the Organization and I hope your example will be followed by many more countries.”