ILO’s 5th MLC Special Tripartite Committee: Key outcomes

The Committee proposes and reviews amendments to the Maritime Labour Convention, 2006. This keeps the Convention up to date with the shipping industry and its practices, ensuring continued protection of seafarers. The Special Tripartite Committee, as its name suggests, has three distinct sets of membership – the seafarers, the employers, and the governments. It allows them to convene and collaborate to improve working arrangements for seafarers globally.

This Committee had a number of proposals to consider and agreed on the following, which are expected to enter into effect in late 2027. They place new requirements and guidance on various parties, including governments, shipowners, and seafarers. The Maritime Labour Convention applies to all commercial vessels undergoing voyages outside their flag jurisdiction or outside the declared sheltered waters of their flag State to which the MLC, 2006 applies.

Lloyd’s Register (LR) has provided a summary of the outcomes from the meeting which are significant: 

• Seafarers’ right to shore leave has been improved to allow them to go ashore without visas and unhindered by the flag registry of their ship; however, this is subject to any restrictions the port State may impose.

• Seafarers’ right to repatriation without discrimination has been included, regardless of the flag registry of their ship.

• Seafarers are to be recognised as key workers, easing their travel to and from ships with fewer restrictions than those experienced during the Covid-19 pandemic.

This recognition of seafarers as key workers by the ILO is both symbolic and substantive — a major win for the maritime community and a direct response to the urgent calls we and others made throughout the COVID-19 crisis,

… said John Xylas, the Chairman of INTERCARGO, on the decision, adding that it was an acknowledgment of the essential role played by seafarers in global trade and the sacrifices they make daily. He also mentioned that it was a reminder that governments must now act to implement and enforce these changes at the national level.

“Seafarers must never become collateral victims of institutional inefficiencies or regulatory gaps,” said Xylas. “We urge all ILO member states and maritime administrations to follow through with effective, uniform implementation. Recognition is not enough — rights must be protected in practice.”

Furthermore, various measures to combat shipboard violence and harassment, including sexual harassment, bullying, and sexual assault, have been incorporated into the Maritime Labour Convention, 2006.

Shore leave (amendments related to regulation 2.4)

A new standard has been agreed on shore leave which places obligations on both the Member State and on shipowners.

The Convention will be amended to require Member States to allow shore leave whilst a ship is in port on condition that all the relevant formalities have been fulfilled. Member States will still be able to refuse permission based on public health, security, public safety or public order. Where shore leave is refused, that is to be communicated by the public authorities in the port State to the Master and, if requested by the Master or seafarer, those reasons are to be communicated in writing.

There should be no discrimination on any grounds on who is permitted to have shore leave. This is irrespective of the flag State of the ship on which they are employed, engaged or work.

Seafarers will not be required to hold a visa or permit for shore leave.

Shipowners will be required to permit shore leave for off duty seafarers when in port, unless the port State has the aforementioned restrictions in place, or it is unsafe or operationally unfeasible to do so.

Guidelines on the facilitation of shore leave

In cooperation with shipowners’ and seafarers’ organisations, Member States are to establish procedures on board ships and in ports to facilitate shore leave for seafarers. They should also ensure that port and terminal personnel are informed and trained on seafarers’ rights to shore leave.

Repatriation (amendments related to regulation 2.5)

A new paragraph has been agreed which requires Member States to facilitate the repatriation of seafarers without discriminating against them on any grounds. This is irrespective of the flag State of the ship on which they are employed, engaged or work.

When repatriating seafarers, it’s clarified that shipowners should at least cover the costs of:

• Passage to the destination selected for the seafarer

• Accommodation and food from when seafarers leave the ship to when they arrive at their destination

• Transportation of up to 30kg of the seafarer’s luggage to the destination

• Medical treatment, when necessary, until the seafarers are medically fit to travel to the repatriation destination

Guideline on entitlement

The shipowner’s costs mentioned above for seafarer repatriation should also include pay and allowances from when the seafarer leaves the ship until they reach the repatriation destination, when provided for by national laws, regulations or collective agreements.

Guideline on key workers

Member States should designate seafarers as key workers. This will require them to facilitate their travel in connection with their employment or work as a seafarer, which includes but is not limited to:

• Access to shore leave

• Repatriation

• Crew changes

• Medical care ashore

Accommodation and recreational facilities (amendments related to regulation 3.1)

Guideline on bedding, mess utensils and miscellaneous provisions

Member States should consider applying a requirement for appropriate and sufficient menstrual hygiene products and a means of disposal to be made available for seafarers.

Medical care on board ship and ashore (amendments related to regulation 4.1)

Guideline on the provision of medical care

Where a ship is not required to carry a medical doctor, the medical training for those onboard should additionally be based on the International Medical Guide for Seafarers and Fishers. Governments should also use the Guide to determine national requirements for the contents of the medicine chest and medical equipment.

Provision of personal protective equipment (amendments related to regulation 4.3)

Guideline on provision of personal protective equipment

Clarification has been provided that national guidelines for the management of occupational safety and health require that appropriately sized personal protective equipment is provided for seafarers.

Access to shore-based welfare facilities (amendments related to regulation 4.4)

Guideline on seafarers in foreign ports

Guideline B4.4.6 has been amended to indicate that any seafarer detained in a foreign port should be dealt with by the authorities taking due account of the ILO/IMO Guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes.

Prevention of violence, harassment and sexual assault (amendments related to regulations 1.4 and 4.3)

Guideline on organizational and operational guidelines (reg 1.4)

When establishing the system of licencing and certification of seafarers’ recruitment and placement services, Member States should require their recruitment and placement procedures to address measures to prevent and address violence and harassment, including sexual harassment, bullying and sexual assault.

Health and safety protection and accident prevention (reg 4.3)

A new requirement was agreed that shipboard violence and harassment, including sexual harassment, bullying, and sexual assault is to be prevented and eliminated through national laws set by Member States.

Consequently, shipowners will be required to put in place measures to prevent shipboard violence and harassment, including sexual harassment, bullying and sexual assault. Seafarers will be required to comply with those measures.

Governments will be expected to put in place safe, fair and effective reporting mechanisms and procedures for cases of shipboard violence and harassment, including sexual harassment, bullying and sexual assault.

Guideline on provisions on occupational accidents, injuries and diseases

Member State occupational health and safety protection measures should additionally take account of the ILO’s Violence and Harassment Recommendation, 2019 (No. 206).

Governments are to ensure that the implications for health and safety include shipboard violence and harassment, including sexual harassment, bullying and sexual assault when drawing up national guidelines for the management of occupational safety and health.

Guideline on investigations

Similarly to above, governments are to extend the subject of harassment and bullying investigations to include shipboard violence and harassment, including sexual harassment, bullying and sexual assault. It’s expected that flag States, port States and labour-supplying States will co-operate in such investigations.

Guideline on international cooperation

Governments are to give due consideration to international cooperation in assistance, programmes and research to prevent and address shipboard violence and harassment, including sexual harassment, bullying and sexual assault.

Flag State responsibilities (amendments related to regulation 5.1)

Marine casualties

When carrying out an inquiry into a marine casualty, Member States are to take due account of the IMO Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident, and the recommendations of the ILO/IMO Guidelines on the Fair Treatment of Seafarers in the event of a maritime accident and the ILO/IMO Guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes. They should also co-operate as far as practicable with concerned States in applying the above Guidelines.

Onboard complaint procedures

Seafarers will have an additional way to make a complaint as in addition to complaining to the Master or external authorities, they will be able to complain to appropriate shoreside personnel.

Seafarers should not be victimised when filing complaints. Confidentiality of their complaints must be safeguarded. The term ‘victimisation’ is extended to include any adverse action taken by any person with respect to complainants, victims, witnesses and whistle-blowers. However, due regard should also be given against vexatious or malicious complaints.