Seafarer’s Bill Of Rights

Good things come to those who wait..seafarers in general all over the world have been waiting for passing of legislation that specifically deals with quality of life onboard. While there is plenty of legislation and standards ­governing construction, competency, operations, etc. There was not one ­unified standard for welfare, it was a series of separate conventions. The MLC code has been in the drafting for years..its effects will be for the good of all.

The convention required the ­ratification of 30 member States to the United Nation’s ­International Labour Organization (ILO), which develops, ­implements, and oversees international labour ­standards. The MLC 2006 was ­adopted unanimously in 2006, but needed to meet a number of ­requirements ­before it could come into force. It finally ­entered into force earlier this year in August. To say that such ­legislation took a long time to come into ­acceptance is an understatement.

Since its inception in 1919, the ILO has recognized that ­special ­considerations must be afforded to seafarers given the challenges of their profession. And while multiple regulations and ­standards related to competence, ship construction, and equipment have come into effect through the ILO’s ­sister organization, the International Maritime ­Organization (IMO), ­seafarer’s welfare and ­working conditions were covered by a series of disjointed and somewhat ­confusing smaller conventions. The new ­overarching convention will now coalesce and update these regulations into one comprehensive format.

The passing and road map for adoption to MLC 2006 will ensure that seafarers have the right to fair treatment that most other occupations enjoy.

Termed as the “Seafarer’s bill of rights,” MLC 2006 is basically made up of two parts: a ­preamble ­outlining the broad principles and ­obligations of the convention, and the ­regulations and ­guidelines for compliance. With five sections, the convention will seek to ensure that any ­seafarer has these rights:

• A safe and secure workplace that ­complies with safety standards.
• Fair terms of employment.
• Decent working and living conditions on board ship.
• Health protection, medical care, welfare ­ ­measures and other forms of social protection.

While many shipowners go to great lengths to ensure that the people who sail their ships are looked after, sadly, substandard ships with ­terrible living and working conditions do exist. The fact that the 30 member States represent 60 percent of the world’s shipping tonnage ­indicates the interest to which the ­industry ­wishes to see a level playing field where ­companies who value their crew are not ­undercut by less responsible operators.

As a State with a reputation for active ­participation in ensuring safety at sea, Canada is engaged in the process of bringing MLC into adoption. This is made easier by the fact that Canada’s regulations governing worker safety already have specific sections for the marine ­sector, such as the Marine Occupational Health and Safety Code (MOHS). Also, the Canada Shipping Act has specific ­sections dealing with marine ­accommodations and welfare. As such, there is a high degree of ­similarity ­between Canada’s domestic ­regulations and the MLC 2006. This makes the task of review and ­implementation less onerous. For the type of ­offshore activities taking place on the East Coast, employee health and ­welfare concerns are ­typically at the forefront of ­operational ­planning. The ­question of whether the ­implications of MLC 2006 requirements add another layer of ­complexity to offshore oil and gas exploration is unknown yet, as much relies on whether the asset is ­considered a ship and where the ­marine ­operation is ­located ­(sheltered or inland versus ­international ­waters). ­Regardless, the ­passing and road map for adoption to MLC 2006 will ensure that seafarers have the right to fair ­treatment that most other occupations enjoy.