It emerged earlier this month that the Bahamas has ratified the International Maritime Labour Convention 2006,
becoming the first country in the Western Hemisphere to do so, with the aim of moving towards improving
standards and conditions for the maritime industry.
The Bahamas received the Instrument of Ratification from Dr. Cleopatra Doumbia-Henry,
Director of the International Labour Standards Department of the ILO, at a signing
ceremony at the Ministry of Foreign Affairs on Monday, February 11.
Deputy Prime Minister and Minister of Foreign Affairs, Brent Symonette observed that:
“The signing and ratification of this Convention is another clear indication
of The Bahamas’ ongoing commitment to maritime safety and good labour
practice."
He continued: “Indeed, a well-trained maritime labour force governed by just, fair
and equitable laws will not only rebound to the good quality of the register
but will also ensure the sustainability of best practice and standards in maritime
affairs.”
Mr Symonette went on to add that The Bahamas is pleased to be among the first countries to
ratify this important Convention, which he said “speaks emphatically to
our strong commitment to be in the forefront of maritime safety in an ever-changing
sector”.
The Bahamas has the third largest ship registry in the world with over 1,700
vessels. The second largest, Liberia, has ratified the MLC 2006. Panama, the
largest ship registry, is also expected to ratify the Convention this month.
Ratification of MLC 2006 forms part of the United Nations Millennium Development
Goals, slated to take effect by 2010.
The MLC, which sets out the conditions for decent work in the maritime sector,
was adopted on February 23rd, 2006, at the 94th International Labour Conference.
The new Convention consolidates and updates 68 existing ILO maritime Conventions
and recommendations adopted since 1920.
Among the novel features of the Convention are its form and structure, which
include legally binding standards accompanied by non-mandatory guidelines. It
departs significantly from traditional ILO Conventions.
The Convention is to become what has been called the “fourth pillar”
of the international regulatory regime for shipping, completing the key conventions
of the International Maritime Organisation.
It sets minimum requirements
for seafarers to work on a ship, and contains provisions on conditions of employment,
hours of work and rest, accommodation, recreational facilities, food and catering,
health protection, medical care, welfare and social security protection.
Compliance and enforcement are secured through a number of mechanisms such
as onboard and onshore compliance procedures for seafarers; through provisions
regarding ship owners’ and shipmasters’ supervision of conditions
on their ships, flag states’ jurisdiction and control over their ships,
and well as port state inspections of foreign ships.
The convention also provides for a maritime labour certificate, which can be
issued to ships once the flag state has verified that labour conditions on board
a ship comply with national laws and regulations implementing the convention.
The Bahamas has been a member of the International Maritime Organisation Council
since 1999, and is party to its principal safety and environmental conventions.
The Bahamas is also party to most major ILO conventions.
Minister of Labour and Maritime Affairs, Dion Foulkes suggested that one of the
advantages that the Ministry of Labour and Maritime Affairs has is that it straddles
both sides on this particular issue.
“We have consulted very thoroughly with our ship owners (headquarters
in London), and we have canvassed our clients and they are in full agreement
with the terms of the Convention,” Mr Foulkes said.
Dr Doumbia-Henry, Director of the International Labour Standards Department
of the ILO, observed that ratification “demonstrates a sound commitment by
The Bahamas to the realisation of the objectives of the ILO; the pursuit of
social justice through respect for principles and rights at work”.
With this ratification, and once the Convention enters into force, The Bahamas
will become an automatic and voting member of the Special Tripartite Committee
created under the Convention.
The ratification brings to 35 the number of international labour Conventions
ratified by The Bahamas, of which 31 are in force. They include the ratification
of the eight ILO fundamental Conventions and two of the priority Conventions.
Once the Convention comes into force, it will become globally acceptable irrespective
of ratification by all countries concerned. All 27 countries of the European
Council are also expected to ratify the MLC 2006 by the year 2010.