A range of amendments to the Maritime Labour Convention – changing global law on seafarer recruitment, repatriation, accommodation, food, medical care and more – take effect on 23 December.
Recruitment – a compensation system of some kind must be established to financially compensate seafarers for loss incurred because of a failure by a recruitment service or a ship owner to meet their obligations under an employment agreement; seafarers must be informed of their rights before being engaged.
Repatriation – port & flag state administrations have to “facilitate the prompt repatriation” of seafarers, including when they have been abandoned. When a relief crew of seafarers are deployed to a ship to replace seafarers who have been abandoned, then the Port, Flag, and labour-supply States have to co-operate to ensure that the rights and entitlements of the relief crew are protected.
Accommodation and recreation – recreational facilities, amenities, and services (including connectivity) must be provided to meet the special needs of seafarers and must be provided on board for the benefit of all seafarers. Reasonable access to ship-to-shore phone communication must be provided and any charges must also be reasonable. Shipowners are required, insofar as it is reasonably practicable, to provide onboard access to the internet. There will be a similar obligation on Member States to provide internet access to seafarers and anchorages, with any charges being reasonable in amount.
Food and catering – onboard food and water must be provided free of charge during a seafarer’s engagement and should be suitable in terms of quantity, nutrition, quality, variety, religious requirements, and cultural practices.
Medical care onboard ship and ashore – each of the Member States of the ILO “shall ensure” [i.e. there is to be no dispute or equivocation – it must be done] that seafarers are able to leave ships to receive appropriate and immediate medical care ashore.
ILO Member States should ensure that seafarers are not prevented from disembarking for public health reasons. They are considered to be in need of “immediate medical care” in cases including, but not limited to, serious injury; disease (including communicable disease); broken bones; severe bleeding; broken or inflamed teeth; burns; severe pain that cannot be managed onboard ship; or suicide risk. This point is particularly relevant to Australia; it was very disappointing that seafarers were prevented from leaving their ships during the COVID lockdowns to seek medical treatment ashore when their vessels were in Australian ports.
ILO Member States must facilitate the repatriation of the bodies or ashes of seafarers, in accordance with their wishes or those of their next of kin, who have died in their territories. ILO Member States assume the same obligation for the remains of seafarers who die on the High Seas when the ship enters their territory. There is also an obligation on all Member States to ensure that the deaths of all seafarers, employed, engaged, or working on ships that fly its flag are adequately investigated and recorded and are reported annually to the ILO. These deaths will be published on an annual basis.
Health, safety, accident prevention – there is a requirement to take all reasonable precautions to prevent occupational accidents, injuries, and diseases onboard ship through the provision of appropriately-sized personal protective equipment and other measures to prevent harm from exposure to ambient factors, chemicals, equipment and machinery.
The amendments were adopted in full in 2022 by the International Labor Organization. The ILO is a United Nations body and is unique in that it is tripartite – i.e. made up of three parties namely, employee representatives, employer representatives, and national governments. There are 187 country-members of the ILO; Australia is a member.
Further reading
Detailed MLC amendments in full.
