The International Labour Organization (ILO) is the only UN agency where tripartite consensus is the procedure used to adopt any regulations relating to labour standards and policies. For the Maritime Labour Convention, 2006 as amended (MLC), the tripartite consensus is required from these parties, namely, the national governments (GO), the seafarers’ group (SF) and the shipowners’ group (SO) as established by the Special Tripartite Committee (STC).
BIMCO, as part of the SO, participated in the 5th meeting of the STC that was held from 6-11 April in Geneva, and is pleased with the outcome of the meeting, in particular, having MLC recognising seafarers as key workers and mandating shore leave for them.
Proposals adopted into the MLC
Amongst the proposals that were adopted by tripartite consensus at the meeting, the following would be considered the most significant developments made to the MLC:
Designation of seafarers as key workers
Governments, in addition to designating and recognising seafarers as key workers, should also take appropriate measures to facilitate their safe movement when travelling in connection with their employment/work specifically mentioning providing access to shore leave, repatriation, crew changes and medical care ashore.
Shore Leave
Shore leave was introduced to MLC as a new regulation providing amongst others, for seafarers to have shore leave without a visa or special permit and to go ashore without any discrimination and irrespective of the flag state. In addition, public authorities cannot refuse shore leave for reasons of public health, public safety or public order and reasons for refusal of shore leave must be given to the seafarer or master in writing upon request.
Repatriation
Further to the designation of seafarers as key workers, the repatriation regulations were strengthened to incorporate that the normal repatration of seafarers must be facilitated by governments without discrimination on any grounds and irrespective of the flag state. A new provision was also incorporated to clearly spell out the costs to be borne by the shipowners for such repatriation.
Violence and harassment
New regulations were incorporated for governments (flag states) to ensure that measures are put in place for preventing shipboard violence and harassment which include sexual harassment, bullying and sexual assault, taking into account of the Violence and Harassment Convention, 2019 and requiring shipowners to adopt relevant policies and measures to prevent and address such matters. Governments should also consider having similar measures put in place for recruitment and placement services established in its terrority.
Fair treatment of Seafarers
Governments when carrying out an inquiry into a marine casualty, must take into account of the newly adopted “ILO/IMO guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes”.
Entry into force date
The MLC 2025 amendments will be adopted at the upcoming ILO conference in June 2025 and are expected to enter into force late December 2027.
Next STC meeting
To be held in April 2028
ILO/MLC 2025 amendments
The ILO has produced a full text of the amendments adopted.
BIMCO crew support section
See more about MLC and related information.
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