Q3 (20 Marks) International Conventions 🔥 Repeated 2x in exams
SSEP • Written Exam

With reference to the Maritime Labour Convention (MLC) 2006, briefly discuss the following:

(a) Explain the key principles of the MLC about seafarers’ rights and working (6)

(b) What measure does the MLC prescribe for seafarer’s protection against harassment and bullying? (7)

(c) Explain the role of the Flag State and Port State in enforcing MLC Regulations. (7)

Appeared In: Aug 2026Dec 2023

Verified Model Answer (Text Solution)

Structured for DG Shipping MEO Class II examination scoring criteria.

Exam Ready
Part (a)

Key principles of the MLC 2006 concerning seafarers' rights and working.

The Maritime Labour Convention 2006 consolidates more than 68 earlier ILO instruments into a single "Bill of Rights" for seafarers. Its key principles are:

  • Seafarers have the right to a safe and decent workplace that complies with occupational safety and health standards.
  • Fair terms of employment: reasonable working hours, rest periods, paid annual leave and a written Seafarers' Employment Agreement (SEA) in a language the seafarer understands.
  • No discrimination in respect of race, colour, sex, religion, political opinion, national extraction or social origin.
  • Freedom of association and the right to collective bargaining through trade unions and CBAs.
  • Access to decent accommodation, food and drinking water, medical care ashore and afloat, and welfare facilities.
  • Entitlement to repatriation at the shipowner's expense, compensation for loss of the ship, and social security protection.
  • Effective complaint procedures both onboard and ashore so grievances can be resolved without victimisation.

The Convention applies the "no less favourable treatment" principle and uses a compliance and enforcement framework based on flag State responsibility backed by port State control inspections and Maritime Labour Certificates/ Declarations of Maritime Labour Compliance.

Part (b)

MLC protection against harassment and bullying.

Under the MLC 2006 (Regulation 1.4 and Guideline 4.3), each Member State must ensure its laws prohibit violence, harassment, bullying and sexual harassment of seafarers. Measures include:

  • National legislation making harassment and bullying a breach of seafarers' rights with appropriate penalties.
  • Company policies that clearly state zero tolerance toward bullying, harassment and violence; policies should be present in the Safety Management System and seafarer handbooks.
  • Requirement that accommodation, recreational and working areas are free from conditions that facilitate harassment, e.g. adequate personal privacy.
  • Effective and easily accessible onboard and onshore complaint procedures through which a seafarer can report incidents without fear of retaliation.
  • Access to medical and psychosocial support for affected seafarers.
  • A prohibition on dismissal or victimisation of a seafarer who in good faith reports harassment.
  • Flag State and port State inspection that verifies these protections are documented and practised.

The Code (Standard A4.3) also requires measures to be taken against any harassment and bullying and to ensure group insurance or compensation schemes protect seafarers.

Part (c)

Role of the Flag State and Port State in enforcing MLC.

Flag State responsibility:

  • Each flag State that ratifies the MLC must implement it through national law, regulations and collective agreements.
  • It establishes an effective inspection and certification system: ships of 500 GT or more engaged in international voyages (or 200 GT or more operating between foreign ports) require a Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC Part I and Part II).
  • The Flag Administration or a Recognised Organisation (RO) authorised by it carries out initial, renewal, intermediate and additional inspections.
  • The flag State investigates reported non-compliance, ensures corrective action and can withdraw certificates for failure to comply.
  • It must also ensure that national seafarer supply and recruitment services (manning agents) comply with the Convention.

Port State responsibility:

  • Port States may inspect foreign ships for MLC compliance under port State control, consistent with international agreements such as the Paris and Tokyo MOUs.
  • A more detailed inspection (including checking of certificates, crew rest hours, wages, accommodation, food) is conducted when there are clear grounds to believe the vessel or its crew's conditions are deficient, or on complaint.
  • The Port State can require deficiencies to be rectified before departure, detain the ship in cases of serious non-compliance (e.g. unsafe accommodation, unpaid wages, no SEA) and report findings to the flag State and ILO.
  • Port States also ensure shore-based welfare, medical and complaint facilities for seafarers.

The combined effect is that even where the flag State is weak, the network of port State controls maintains a safety net upholding the Convention's standards.

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