Maritime Labour Convention, 2006 and Case Law Symposium

Working and living conditions of seafarers have always been of special concern to the ILO. In February 2006, the Maritime Labour Convention (MLC,2006) was adopted by government, employer and worker representatives at a special ILO International Labour Conference. It is the consolidation of a number of ILO conventions and recommendations and novel provisions and enforcement mechanisms. As of April 2022, the MLC,2006 had been ratified by 101 countries representing over 96.6 per cent of the world’s gross tonnage. This instrument was adopted to provide international standards for the world’s first global industry. Widely known as the “seafarers’ bill of rights” it is unique in its effect on both seafarers and quality ship owners. It was designed to be applicable at global level, easy to understand, updatable and enforced The MLC is the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO). It also contains important compliance and enforcement components based on flag State inspection and for port State control. Despite the MLC, 2006 considerable ratification and, positive impact on decent work, seafarers continue to encounter substantial challenges to ensure the protection of their labour rights. In the context of the Covid 19 pandemic, apart from cases of non-payment of wages, poor provisions for food and catering, denial of right to repatriation and abandonment, other critical issues are affecting the working and living conditions of seafarers, such as: crew changes, denied access to medical facilities, chronic cases of fatigue, social isolation and mental health issues. More than ever before, seafarers are seeking advice from lawyers and adequate legal assistance in the event of labour disputes. Seafarers’ rights is a complex area since labour rights can exist at different levels (Flag State law, Port State law) and they can be overlapping. The work of the ILO supervisory bodies and the MLC, 2006 Special Tripartite Committee can provide valuable inputs for a comparative analysis of these implications in different areas of the world. The exchange of experiences and the mutual learning between, lawyers and legal practitioners from different countries on MLC, 2006 contribution in safeguarding seafarers labour rights and guiding the future decisions represent a source of inspiration at national level for strengthening the crucial judicial role in a changing world of work OBJECTIVES The workshop aims to provide a good understanding of the MLC, 2006, its provisions and amendments, and a peer review of labour dispute jurisprudence on key issues such as, working conditions, health and safety, recruitment and placement, discrimination, grievances and complaints procedures. Drawing on the guidance of the Maritime Labour Convention, 2006, the Symposium opens a dialogue focusing on issues arising in the context of labour disputes involving seafarers and facilitates a comparative analysis of current case law at national level. In addition, the event aims to support an international debate among practitioners and labour law practitioners on the effective implementation of the MLC 2006 in a challenging context related to the preservation of minimum rights and protections for all workers in the maritime industry. CONTENT The event intends to facilitate an international debate amongst labour law professionals and practitioners on the guiding role and effective implementation of the MLC, 2006 in a fragmented and challenging context related to the safeguard of minimum rights and protections for all seafarers.