The fifth meeting of the Special Tripartite Committee (STC) of the MLC concluded last week with some hard-fought achievements for seafarers, led in the negotiations by ITF Seafarers’ Section Vice Chair, Mark Dickinson.
Noteworthy amongst the amendments adopted was the designation and recognition of seafarers as key workers “… to facilitate their safe movement when travelling in connection with their employment or work, including, but not limited to, access to shore leave, repatriation, crew changes and medical care ashore.”
Deirdre Fitzpatrick, the CEO of Seafarers’ Rights International (SRI) commented: “This is a very significant win. SRI has long advocated for seafarers to be designated as key workers and in the end it was a tribute to tripartism that an amendment could be achieved. States now must meaningfully implement and enforce this historic amendment.”
Another significant win for seafarers and shipowners was the inclusion in a mandatory Standard of the Code of the two sets of ILO/IMO Guidelines on Fair Treatment of Seafarers in the event of a marine casualty or detention of seafarers in connection with alleged crimes. “This has been a hot topic for over 20 years and now it can be hoped that seafarers who find themselves in a nightmare situation of investigation, detention or criminal charges in connection with their professional work will be able to expose any injustices that they face. For too long this subject has been talked about without any meaningful accountability to the seafarers for any unfair treatment,” said Fitzpatrick.
Out of the 16 proposed amendments before the Committee, other amendments adopted included better protection around repatriation, shore leave, medical care, recruitment and placement, health and safety protection and the elimination of violence and harassment.
In an opening statement to the meeting, SRI as an Observer delegation referred to this STC “taking place at a time of colossal change and unpredictable outcomes… We have hot wars, cold wars, trade wars, disruptions of current trading patterns and the emergence of new trading patterns. These can impact the MLC. Covid impacted the MLC. And now we are in a sea of even greater change. It is a very different world to the decade when the MLC was first negotiated”.
The MLC has achieved great success. But further work is needed to secure better implementation and enforcement of the Convention. In a worldwide study of the MLC conducted by SRI, SRI’s research showed that the implementation and enforcement of the MLC around the world is only about 65% effective. “The MLC is not yet being strictly and evenly enforced around the world. The global playing field is not yet level”, said Fitzpatrick.
