The implementation of the Maritime Labour Convention in times of crisis

Zaina Awad: Good afternoon, and welcome to this ILC lunchtime conversation on implementing the Maritime Labor Convention in times of crisis. I'm Zaina Awad. This year marks the 20th anniversary of the Maritime Labor Convention, or MLC, and it is regarded as a landmark achievement for both seafarers and the global shipping industry. Now, the convention helped to establish a global framework for decent work and living conditions on the high seas, and it has created fair competition across the maritime, uh, sector. But over the last few years, we've seen a lot of crises. Seafarers themselves have found themselves stranded as trade routes have been disrupted by conflict and pandemics. We saw firsthand how vulnerable seafarers can be during conflict and crisis and how essential their work is to the global economy. All we have to do is look at what's happening today with the global economy as a result of the disruptions in the. In the Middle East. So to help us better understand the issues at hand, what we've accomplished so far, and what we still need to be accomplishing as we move forward, I'm very pleased to welcome a wonderful panel. I'll start from over there with Max. Max Jones is the vice chair of the Special Tripartite Committee of the MLC and a former ship owner himself. Next to him is Beatriz Vacoto, the ILO's head of maritime unit. And here we've got Mr. M. Jainal, uh, Rasool Jr. The undersecretary of the Department of Migrant Workers from the Philippines. And last but not least, we've got Carlos Meller, who's the delegate of the Workers Group in Brazil, and also the president of the National Confederation of Waterway and Air Transport, Fishing and Ports, or COMTAF Workers Group in Brazil. Welcome, and it's good to have you here. So I'd like to start with you, under secretary. It's been 20 years, as we said, since the MLC was adopted, and many have described it as a great success, one of the greatest successes of the international labor standards. Why is the convention so effective, and what is it about it that's made it so successful?

M. Jainal Rasool Jr.: Thank you very much, uh, Zaina. From the Philippine perspective, Since its adoption 20 years ago, the Maritime Labor Convention, or MLC for short, has been effective in terms of striking a, uh, balance between two competing goals. Not necessarily competing, but two main goals of protecting the rights and welfare of seafarers and ensuring the fair competition among, uh, ship owners as well as the stakeholders. The MLC holds particular importance to the Philippines, uh, it being one of the main suppliers of, uh, seafarers comprising about 25% of the total global supply of seafarers. In 2012 the Philippines UH ratified the convention UH being the 30th country to ratify, enabling the convention to take its uh legal force and uh, the as we mark the 20th anniversary of the convention this year, we recognize its tremendous uh importance and contribution to the seafarers all over. Aside from the international balancing uh standard set forth by the mlc, uh the Convention also is uh very important in terms of uh compliance and enforcement mechanisms through the uh flag state, uh uh control as well as port uh control enforcement. Uh I understand that uh since uh the last 20 years about a thousand ships or vessels have been detained due to deficiencies and non compliance particularly those uh found one tier of the employment contracts of C fares and uh poor living and working conditions. The Philippines therefore has a stake in uh the effective implementation of the MLC and in shaping key reforms. Uh on the national level. The Philippines has undertaken significant measures to implement the MLC and related global standards. 1. To reinforce seafarers rights and welfare the Philippines has enacted the Magna Carta of Filipino Seafarers Republic act number 12021 in 2024. A national legislation which aligns with the objectives of the MLC 2006 the Magna Carta builds upon the foundation laid by the MLC. However while the MLC guarantees decent work at sea, the Magna Carta uh broadens the policy lens to encompass the entire well being of Filipino seafarers and their families. From recruitment and employment to crisis response, return reintegration and lifelong professional development. We also have the Manila Declaration of Seafarers Human Rights, Safety and well being. A Philippine led initiative which was signed on 3rd September 2025 in Manila and now endorsed by about the growing number of countries. The Manila Declaration's key commitments include the need to uphold seafarers human rights on land and sea to fully enforce the MLC 2006 and to improve emergency preparedness and response in times of crisis and threats to maritime safety. And just yesterday during the celebration of the Migrant Workers Day in the Philippines depart the Department of Migrant Workers led by his uh Excellency Secretary Hans Leo J. Kakdak signed and approved the three legal instruments namely 1. The 2026 DMW Rules and Regulations governing the recruitment and employment of overseas Filipino sea workers or seafarers. 2. Standard employment contract governing overseas Filipino seafarers and 3. A standard employment contract for fishers. After a year of consultation with the various stakeholders. Thank you Zeila.

Zaina Awad: Thank you. And of course uh, Filipino seafarers make up a very important number or percentage of seafarers globally. So if we were to move from the experience of the Philippines to the wider experience of workers and reflect on the mlc, Carlos, what would you say makes the MLC really so special?

Carlos Meller: Well, thank you. The MLC for us was a real, uh, game changer. Uh, it brought in one very modern document, the, uh, Wolsey Ferris rights that were before that. In more than 70 documents, it established that decent work and living conditions aboard are not an option. They are an obligation that should be fold in all countries. It combines rights with enforcing mechanisms. And it brings contract wages, repatriation, medical care, rest hours, accommodations, food, welfare and protection against abandonment. The complaint procedures, the, uh, inspections and the port state control are very important mechanisms for the enforcement of the AMLC In Brazil. Labor inspectors are, um, working very hard. And we can say that they have an important role identifying and addressing violations. And they are really working well in Brazil. Uh, the MLC also promotes fair competition between the ship owners. And we understand this is very important for them. For workers, the MLC is the floor. And with discussion, with, uh, let's say with collective bargaining, we want to build a proper playing field all around the world. And to finalize tripartism keeps the convention alive, updated and, um, connected with the real problems of the seafarers.

Zaina Awad: Enforcement is very important, as you've just pointed out. And we wouldn't have enforcement if we didn't have the partnership with employers. Max, why is the MLC so important?

Max Jones: Well, the MLC is, I think, first of all, really a reason to celebrate. Because after 20 years we can see that a multilateral body, a tripartite body, shaped something that is alive and working and is working as was expected or almost. Um, so that was a promise that is fulfilled. And I think that is something to celebrate. Uh, the real achievement, I think, is to bring labor, uh, standards into the center of maritime. And as Carlos said already that's very important for competition. Uh, but that's also especially important, of course, for the workers. But having these workers rights now at the center of the maritime legal framework is something we had not really seen before. We had lots of, um, regulations, but they were not bundled, they were not very clear. And every flex state could adhere to them differently. Now it's combined, now it's fair. And I think the really step change has been that shipping regulation so far had been very technical. We focused on the technology of ships after the Titanic so that ships would not sink. And that was very material and the real discovery was what is the key point is the seafarers. And I think that's the biggest achievement.

Zaina Awad: So we've heard from government workers and employers here. If I was to turn to you, Beatrice, um, we are the proud custodians of social dialogue at the ilo. So from your perspective, from the perspective of the ilo, what makes the MLC so special?

Beatriz Vacoto: Well, thank you. I think social dialogue is the main pillar of this discussion. Because through social dialogue we adopted new mechanisms never tested in other ILO standards that have proved successful. Today we have 112 ratifications, representing more than 96% of the world fleet and including the main labor supply in countries like the Philippines. So the big success is that the convention is operating in practice. One technical element that has made a big difference is the non more favorable treatment clause. This is very technical, but it means that a ship from a non ratifying country enters a ratifying port, that port can require a respect of seafarers rights. And this has triggered in practice a lot of ratifications because if you in any case need to comply, you better ratify and have your legislation enforced. So that very, very important element, of course, the amendment system, it was mentioned the possibility to quickly respond to new challenges and to amend the provision of the conventions when needed and when there is consensus is key because this maintains this instrument as relevant. And just to mention some examples, after the pandemic, the convention was amended to introduce a very clear right to Internet access to Internet for seafarers. And also last year, important amendments were adopted on violence and harassment, uh, on board on short live, which is a key, uh, right for cfairs where there were issues.

Zaina Awad: Thank you very much. Um, so we've heard about, uh, what makes the MLC or the Maritime Labor Convention so special. Let's now place it within the current context. The sector has, uh, been tested by one crisis after the other. We had the pandemic, the COVID 19 pandemic, the Ukraine war, and now of course, what's happening in the Middle east and the Strait of Hormuz. So when we look at all of this, um, what can we say? What do these crises reveal about the importance of the MLC and specifically the need to protect. Protect workers or seafarers in emergency situation. Maybe I can start with you, Carlos.

Carlos Meller: We can say that the recent crisis showed us two things. First, the MLC is very important for guaranteeing rights. But second, this can become very fragile during wars, conflicts or disruption. Uh, COVID 19 exposed serious failures in crew change, repatriation Medical care and contact with families. The war in Ukraine, attacks against the Iranian territory, and the disruption in the Strait of Hormuz show how political conflicts directly affect these affairs. Seafarers must not be treated as a side, uh, victim of any war. They should be always in the center of the discussion. And we need multilateralism to find what's the best way to protect them. Unilateral maritime trade sanctions also have contributed to grow the questionable registry. And the shadow fleets, they are not good for the seafarers. We cannot enforce any rights in, uh, shadow fleet vessels. So we need to gather efforts to have ships, preferably registered under real flags, national flags. That's what we believe could, uh, bring more rights in the sector.

Zaina Awad: Max, can I turn to you and ask you as well, what are your thoughts on this?

Max Jones: I think we learned. If I go back to the COVID crisis, I think we learned a lot there. And at ah, the ilo, the ARLO was extremely active there to save some seafarers, to get some seafarers free, to get seafarers home. But we learned that shore leave, and especially trying to get seafarers home didn't work. It didn't work properly. We had seafarers work for many months, too many months on board of the vessels, and some seafarers, uh, couldn't get home sometimes even for years. So there was a fundamental default which we could not foresee 20 years ago. Um, and I think this fault line has to be corrected. And the fault line is that we thought we could do everything if we regulated within maritime. But in Covid, we discovered we need also the border controls. We need the Ministry of the Interior, the Ministries of the Exterior, the Ministries of Health, and most of them had not even been aware of the mlc. So the MLC is a very,

Beatriz Vacoto: um,

Max Jones: very focused on maritime. Of course, that's what it's supposed to be, but everybody else in the country is also bound by it. And that was new. And that didn't work. And that's why seafarers suffered. And that is something we have to definitely improve. And that's one big learning, a very big learning from the other crisis, just a short one only. We see that seafarers suffer greatly also because they don't have shore leave. They can't get sometimes food on board of the vessels, as we see in the Middle east crisis right now. Things that wouldn't happen to airline crews, that wouldn't happen to other transport workers. But seafarers are treated as a different species, as a different kind of human Beings. And that is something we have to stop and change.

Zaina Awad: Under Secretary, if I can turn to you again, given the Philippines first hand experience with seafarers, what would you say? Um, we've learned, given the last crises, uh, that we've had, and what do we need to do in order to better protect seafarers during emergencies?

M. Jainal Rasool Jr.: Yes, the Maritime Labor Conference has so far been successful, but we have seen changes recently. Various geopolitical tensions, armed conflicts, war pandemics and even other crisis situations require a more, uh, strategic reforms on the part of all of us beyond just the traditional labor standards and require a more responsive, resilient and realistic approach for seafarer protection, safety and security. This means that seafarers rights and welfare must be protected during armed conflicts, war, piracy. There's a need for a stronger cooperation among maritime stakeholders, including member states governments, to respond to this conflict and emergencies and to be accountable to the seafarer's safety and security and shall assist in all possible means to facilitate their rescue, safe passage and return. The mechanisms that need to be strengthened during crisis situations include for the following financial security and abandonment protection, mandatory repatriation, ship owner liability for wages and welfare, onboard complaint procedures, and many others at, uh, the end. The continued success of the MLC depends on its ability to evolve with the challenges ahead and safeguard the life and safety of our seafarers.

Zaina Awad: Thank you, Beatrice.

Beatriz Vacoto: Yes. Uh, this crisis, with this recent crisis have told us very clear that seafarers are key workers. Think in the maritime sector. You knew it. You cannot operate without the seafarers. But the rest of the world is not that aware. These days we see that a, uh, blockade, that is where seafarers cannot work, that shipping cannot work, is causing impact all around the world. And during the COVID pandemic, we didn't see that clearly because trade continued, seafarers continued working in the very terrible conditions that you mentioned. So societies today cannot operate without seafarers. And this, we hope that this clear message that is now included in the text of the Maritime Labor Convention. The convention was amended last year. We have a clear provision, uh, requesting governments to recognize seafarers as key workers and give them those rights, facilitate transfer, access to medical care, short live. And as uh, Max said, the MLC has been a key tool for the ILO to work with other agencies, with the World Health Organization, with the International Maritime Organization, to say we need to work together to make these rights enforceable. And the ILO committee of experts have clearly said that MLC cannot be suspended during crisis and it's even to the contrary, during this crisis that these minimum rights have to be enforced. And I think I want to highlight what you said, Under Secretary. Minimum rights. The MLC contains minimum rights, but through collective bargaining, Carlos, you mentioned, and with the shipowners and through legislation, you are working to improve those rights to go beyond and to ensure the overall well being of seafarers, which include also their

Zaina Awad: families, as you mentioned. Thank you very much. I mean, it is such an interesting, uh, and important topic. I'm afraid this is all the time we have for today. We have learned a lot and heard a lot about the importance of multilateralism, the importance of working across agencies across different sectors in order to ensure that seafarers continue to be protected in as they face more and more crises. So that's all for today's episode. Thank you so much for being with us today and for listening. Um, we have accomplished a lot. We have a lot still left to accomplish. Um, and we uh, hope to continue with our social dialogue on the mlc. To our audience, thank you for being here. We hope you'll stay with us and you'll join us for more lunchtime conversations. We have much more for you this week and beyond. Now in the meantime, please don't forget to follow us on social media. You can find us ilo on Twitter, Facebook, uh, nternational Labour Organization, LinkedIn, International Labor Organization, Instagram, ilorg, YouTube, ilotv. Until the next time. Take care and see you soon.