Why The ILO Maritime Labour Convention Is Good For Shipping Companies

Experts View

14 May 2009 - David Dearsley

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Shipping companies have many wonderful qualities, but demanding comprehensive, new, rigorous, fully enforced legislation, with serious penalties for any breach of the requirements is not normally one of them. So why then did they make just such demands in 2000 and why should they welcome the application of the ILO Maritime Labour Convention?

In 1995, the International Shipping Federation (ISF) proposed that the IMO STCW Convention should be comprehensively revised. IMO responded positively and the outcome moved the STCW from a loose regime with few specific knowledge requirements to a much more precise structure using competence-based training outcomes. It was regarded as a significant success by the ISF and the moral of what can be achieved with proactive initiatives from the industry was not lost.

ISF attention then turned from training and certification standards to maritime labour standards, which are the preserve of the ILO. There were strong parallels in that what appeared on the surface to be a multitude of ILO instruments covering every conceivable employment issue turned out to be mirage – many were unenforceable, unratified, out of date or technically deficient.

It is not only nature that abhors a vacuum. In the absence of effective ILO standards, there were increasing calls for national or – worse - regional legislation to plug the holes. Also, some port State inspectors, and even some trade union port “inspectors” were making their own decisions about good or bad labour standards.

The traditional laissez faire approach to legislation by companies was also being replaced by a new acceptance that strict compliance with prescriptive measures could bring benefits. As a result, in 2000 ISF initiated the work at ILO that led eventually to the adoption of the MLC.

Shipping companies might not like each and every one of the standards that the Convention sets. But the standards are clear, the companies know what is required and have adequate time to make sure that they, their ship managers and manning agents are in compliance. They know that it will be widely ratified and enforced by flag and port States so their major competitors will also have to comply, port and flag State inspectors must observe the standards and union officials cannot apply their own interpretations.

A speed limit imposed on a major road near my house might cause me a degree of inconvenience. But, if everyone must comply with the limit, it is properly enforced and it is seen to be of benefit to the local community, it will be welcomed. The ILO Maritime Labour Convention is the same – shipping companies should and do welcome it.

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