ILO 110th Session Amendments (2022) to Maritime Labour Convention, 2006

Introduction

The International Labour Organization (ILO) adopted significant amendments to the Maritime Labour Convention (MLC), 2006, during its 110th session in 2022. These amendments, set to enter into force on 23 December 2024, aim to strengthen seafarers’ rights, enhance their well-being, and address challenges observed during the COVID-19 pandemic. India, as a signatory to the MLC, 2006, has issued directives to ensure compliance through updated policies, procedures, and documentation.

Key Amendments and Compliance Requirements

1. Validity of Existing MLC Certificates

• MLC and Declaration of Maritime Labour Compliance (DMLC) issued before the amendment will remain valid.
• Amendments must be incorporated during the first renewal or next intermediate inspection post-23 December 2024.

2. Updates to Shipowner and Manager Policies

• Policies, manuals, and documentation must align with new MLC amendments.
• DMLC Part I & II must be updated and appended to existing MLC certificates.
• Compliance verification will be conducted through self-attestation by the Designated Person Ashore (DPA).

3. Recruitment and Placement Services (RPS) Compliance

• RPS agencies must amend policies and procedures to meet new requirements by their next annual renewal post-23 December 2024.
• Seafarers must be informed about their rights under employment agreements.
• A bank guarantee system should be established to protect seafarers from financial losses due to recruitment service failures.

4. Repatriation and Abandonment Protection

• Prompt repatriation must be facilitated, including for abandoned seafarers.
• Port states, flag states, and labor-supplying states must cooperate to uphold seafarers’ entitlements under the MLC, 2006.

5. Social Connectivity and Recreational Facilities

• Seafarers must have reasonable access to ship-to-shore communications at a reasonable cost.
• Internet access should be provided onboard, subject to vessel operations and feasibility.
• Recreational facilities and mail access should be enhanced for seafarers’ welfare.

6. Food and Catering Standards

• Food and drinking water must meet religious and cultural needs while maintaining nutritional quality.
• Meals must be provided free of charge, including during travel to and from the vessel.
• The catering department must maintain hygienic conditions for food preparation and service.

7. Medical Care and Emergency Assistance

• Seafarers requiring immediate medical care must be promptly disembarked and provided access to shore-based facilities.
• In case of death at sea, repatriation of remains should be facilitated per seafarers’ or their next of kin’s wishes.

8. Occupational Health and Safety

• Shipowners and managers must provide appropriately-sized personal protective equipment (PPE).
• Measures should be implemented to prevent occupational hazards, exposure to harmful chemicals, and machinery-related risks.

9. Investigation and Reporting of Seafarer Deaths

• All deaths of seafarers aboard ships flying the Indian flag must be investigated and reported annually to the International Labour Office.
• Statistical data on health and safety incidents should be collected and documented.

10. Financial Security and Compliance Documentation

• Financial security documents must specify shipowner or registered owner details.
• Directorate General of Shipping (DGS) will oversee compliance with financial security provisions.

Conclusion

The 2022 amendments to the MLC, 2006, reflect a global effort to strengthen seafarers’ rights and improve their working conditions. Shipowners, managers, and RPS agencies must take proactive steps to update their policies and documentation before 23 December 2024 to ensure compliance. The Directorate General of Shipping, India, will facilitate and oversee the implementation of these requirements to uphold international labor standards in the maritime sector.