An important part of the MLC is the right for seafarers to complain if something is not right on board. Brandt Wagner, marine specialist at the International Labour Organisation (ILO) in Geneva, explains. 
The Maritime Labour Convention is mainly a compilation of previous conventions, but it also contains some new items. Among other things, the notion of a seafarer has been redefined.
”Previous conventions only covered the operational crew, which meant that only a small part of the personnel on cruise ships were involved. Everyone working on board is now covered by the convention,” says Brandt Wagner.
But even though the convention has formally entered into force, it is in a soft-start phase. During the first year, only cruise ships and bulk carriers need to be certified and the remaining tonnage will be processed later. ”The ILO is following developments,” says Georges Politakis, a lawyer working at the transport department.
”In August next year, the authorities in each country will send a detailed report to us saying what measures they have taken. We have a group of experts to review the reports and check that all the parties are doing what they should be doing. If there are any deficiencies, the group may give comments, recommendations and even direct instructions,” he says.
In addition to rules for the work environment, safety and social conditions, the MLC includes procedures for complaints. Individual seafarers as well as trade unions are able to protest about shortcomings.
”The idea is that complaints should be resolved as far down in the organisation as possible. In the first instance, problems are taken care of on board. In the next step, we turn to the shipping company. If that doesn’t work, you go up in the chain to the authority. It is also possible to contact the ILO directly,” says Brandt Wagner.
Some of the provisions of the convention allow alternative solutions. To take advantage of them, though, tripartite negotiations are required between the union, the shipowners and the authority.
”No-one can avoid the requirement for negotiation. Those countries where there are no trade unions must apply directly to us. We will put together an international tripartite committee that will manage the negotiations for those who cannot do it themselves,” says Brandt Wagner. ”There are probably some countries who want employees to form their own trade unions to solve these issues close to home, and that is a good thing, of course,” he explains.
The models used for compiling the MLC were IMO conventions. It was high time that conditions for onboard personnel were regulated in the same way as other conditions at sea, according to Georges Politakis.
”The IMO require certificates for everything else: work environment, safety and training, but this is the first time we have a single set of rules for social conditions. The MLC forces flag states to do their job. If a ship is detained on the grounds that it is not certified, this puts pressure on the flag state, which in turn must ensure that classification societies and shipowners are doing their jobs,” he says.
The MLC provides shipping operators with a common, cross-border ground to stand on. The large amount of conventions that were used previously became a complicated and cumbersome set of regulations, not least for the inspectors, and flag states had ratified some conventions but not others. Now all the rules apply to every ship and, according to Brandt Wagner, a large inspection campaign will be implemented in 2016.

Linda Sundgren