Maritime Labour Convention
The Maritime Labour Convention (MLC) is an International Labour Organization convention, number 186, established in 2006 as the "fourth pillar" of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other "pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91  per cent). Maritime Labour Convention (MLC), according to International Labour Organisation (ILO), provides a broad perspective to the seafarer’s rights and fortification at work. The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage (which is over 33 per cent; the second requirement for entry into force). As of August 2021, the convention has been ratified  by 97 states representing over 91 per cent of global shipping. Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC. Content and organization. The convention consists of the "sixteen articles" containing general provisions as well as the "Code". The Code consists of five "Titles" in which specific provisions are grouped by standard (or in Title 5: mode of enforcement): For Each Title, there are general "Regulations", which are further specified in mandatory  Standards (list A) as well as "Guidelines" (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations and Standards should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification. Some seafarers criticize the convention, saying that it lacks teeth, does not address real issues, and skirts important seafarer needs such as decent sized cabins, cupboards in cabins, shore leave, and rest hours by including them into Guidelines (List B) of the convention—or  worse, by not addressing them at all. Title 1: Minimum requirements for seafarers to work on a ship. The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below: Title 2: Employment conditions. The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships. Title 3: Accommodation, recreational facilities, food and catering. The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering. Title 4: Health protection, medical care, welfare and social security Protection. Title 4  consists of 5 regulations about health, liability, medical care, welfare and social security. Title 5: Compliance and enforcement. Title 5 sets standards to ensure compliance with the convention. The title distinguishes requirements for flag state and port state control. Negotiations. After tripartite negotiations had started in 2001, the convention was adopted during the 94th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers and workers, who each held a single vote per country. Ratifications. As of April 2022, the treaty has been ratified by 101 countries, many of  which are large flag states in terms of the tonnage they transport. The European Union advised its (then) 27 members to ratify the treaty by 31 December 2010. The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organisation, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010." As of  January 2021, 23 countries had done so, while Croatia did so before it entered the European Union. The convention entered into force on 20 August 2013 for the 30 countries that ratified it prior to 20 August 2013. For other countries, the convention enters into force one year after registration of their instrument of ratification. Nearly 1.2 million seafarers are affected by human rights laws, which include regulations on workplace protection, living conditions, employment, health and social security. Effect on other conventions. The convention changed the status of 37 ILO conventions, which meant that these conventions upon entry into force  of this convention will close for ratification (if not already) and that entry into force for a specific country meant automatic denouncement the other conventions (if not already). Criticism. While the authors of MLC 2006 called it the fourth pillar of maritime policy, many seafarers themselves and industry bodies saw it as a rather weak convention which did not materially change life at sea. From this perspective, the more important parts of the convention have been placed in the non-mandatory section "B"; other issues, such as air conditioning or interpretations of what could be termed as good nutritious food , are not addressed by the convention. Some seafarers have complained that the convention does not carry any stipulations to make the crew cabins on cargo ships any bigger than they currently are and does not increase the number of cupboards or shelves, which are typically minimal on cargo ships. The convention also does not address the issues of rest hours during work or rest when joining ship; these issues are determined by crew and companies alone. Maritime labour issues and Coronavirus (COVID-19). According to the provisions of the 2006 Maritime Labour Convention, the International Labour Organisation (ILO) appealed to governments  to ensure that seafarers are repatriated and that the risk of COVID-19 virus infection is minimised. The ILO memorandum aimed to create synergies between the action strategies of the International Maritime Organization (IMO) and the World Health Organization (WHO) to prevent the spread of COVID-19. Both the International Chamber of Shipping and the International Transport Workers' Federation has been active in supporting seafarers and ship-owners and advise on their membership. The International Chamber of Shipping published the 'Coronavirus (COVID-19) Guidance for Ship Operators for the Protection of the Health of Seafarers' and the International Transport Workers' Federation published the  information material 'COVID-19 advice to ships and seafarers.' After the initial 'force majeure' caused by sudden and indiscriminate border closures, crew change remained a significant issue throughout the pandemic. Christiaan De Beukelaer argues in the journal Marine Policy that the continued crew change crisis risks eroding the Maritime Labour Convention.