The Seafarer's Bill of Rights: A Practical Guide to MLC 2006
The Maritime Labour Convention (MLC), 2006, is the single most important international agreement protecting the rights of seafarers worldwide. It sets the minimum global standards for your living and working conditions on a vessel. Understanding the MLC is not just about knowing the rules; it's about knowing the rights you are guaranteed, no matter your nationality or the flag of the ship you sail on. This guide breaks down the five core sections of the MLC into practical, easy-to-understand terms.
Title 1: Your Foundation for Starting Work
This section ensures that every seafarer is properly protected and qualified before their contract begins.
- Minimum Age: No person under the age of 16 can work on a ship. For any work at night or in hazardous conditions, the minimum age is 18.
- Medical Certificate: You must hold a valid medical certificate issued by an approved medical practitioner, confirming you are fit for your duties.
- Training and Certification: All seafarers must be trained and certified to perform their roles competently.
- Fair Recruitment Practices: You have the right to a fair and transparent recruitment process. Agencies are forbidden from charging you a fee for finding you a job.
Title 2: Your Contract, Pay, and Repatriation
This title governs the terms of your employment and is crucial for your financial security and well-being.
- Seafarers' Employment Agreement (SEA): You must have a legally binding contract, written in clear language, before you start work. You have the right to review it thoroughly and seek advice before signing.
- Wages: Your salary must be paid correctly and on time (at least monthly). You have the right to transfer a portion of your earnings home to your family (allotments). ... (and so on, for the rest of Title 2)
- Repatriation: You have a fundamental right to be returned to your home country at the shipowner's expense at the end of your contract. This right also applies in cases of illness, shipwreck, or if the shipowner fails to fulfill their legal obligations.
Title 3: Your Life on Board - Accommodation & Food
This section ensures you have dignified and comfortable living conditions on the vessel.
- Quality Accommodation: Your living quarters must meet high standards for size, sanitation, heating, and ventilation. On most modern vessels, single-berth cabins are a requirement.
- Recreational Facilities: Shipowners are encouraged to provide facilities for recreation, such as TV/movie rooms, libraries, and fitness equipment.
- Food and Water: You are entitled to good quality food, clean drinking water, and professional catering services, all provided free of charge throughout your employment.
Title 4: Your Health, Safety, and Welfare
This title covers the shipowner's responsibility to protect your physical and mental health.
- Onboard Medical Care: You must have access to medical care while on board, including a well-stocked medical chest and a designated person with medical training. In serious cases, you have the right to be taken ashore for treatment.
- Shipowner's Liability: The shipowner is liable for covering the costs of medical treatment for illness or injury that occurs during your period of service.
- A Safe Working Environment: You have the right to a safe workplace. The company must implement policies to prevent occupational accidents and provide you with appropriate personal protective equipment (PPE).
- Social Security: Your home country is expected to have a social security system that provides benefits for healthcare, retirement, and employment injury, among other things.
Title 5: How Your Rights are Enforced
A right is only meaningful if it can be enforced. This section provides the mechanisms to ensure compliance.
- Onboard Certificates: Every ship subject to the MLC must carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance (DMLC). These documents prove the ship has been inspected and complies with the convention's standards.
- Port State Control (PSC): This is the key enforcement mechanism. When your ship arrives in a foreign port, officials from that country (Port State Control) can board the vessel to conduct inspections. They can check for compliance with the MLC and have the power to detain the ship if they find serious breaches of seafarers' rights.
- Onboard Complaint Procedure: You have the right to file a complaint directly on board without fear of punishment or retaliation. Every ship must have a fair, effective, and documented procedure for handling such complaints.
What to Do if Your MLC Rights Are Violated
- Use the Onboard Complaint Procedure: Your first step should always be to use the official complaint system on your vessel.
- Contact the Ship's Master or DPA: If the onboard procedure fails, you can contact the ship's Master or the company's Designated Person Ashore (DPA).
- Contact Port State Control (PSC): If the issue is serious and not being resolved, you or a representative can report it to the Port State Control authorities in the next port of call.
- Contact the ITF or a Seafarers' Welfare Organization: Organizations like the International Transport Workers' Federation (ITF) and the International Seafarers' Welfare and Assistance Network (ISWAN) provide direct support and can intervene on your behalf.
Knowing your MLC 2006 rights empowers you to ensure fair treatment and safe working conditions. Keep this guide as a reference and never be afraid to stand up for the standards you are guaranteed by international law.