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Class 1 (Chief Engineer) Engineering Management 📅 Dec 2020

Exam Question

With Reference to MLC answer the following

(a) Why a new convention needed when you already have ILO requirements

(b) Explain the structure of the convention with titles

(c) what are the rights and expectations of seafarers in relation to occupational safety. Discuss

(d) Briefly discuss DMLC Part I and Part II covering welfare points for seafarers

Reference Answer

### (a) Need for a New Convention (MLC 2006)
The Maritime Labour Convention (MLC), 2006, was established despite the existence of numerous prior International Labour Organization (ILO) conventions for several critical reasons. The previous framework was outdated, fragmented, and inconsistently applied, necessitating a modern, consolidated, and enforceable instrument.
1. **Consolidation and Simplification**: Before MLC 2006, maritime labour standards were spread across more than 68 different ILO conventions and recommendations, some dating back to the 1920s. This created a complex, often contradictory, and difficult-to-ratify legal framework. The MLC consolidates and updates these instruments into a single, coherent document, making it easier for flag states to ratify and implement.
2. **Global Standardization and a Level Playing Field**: The fragmented nature of previous conventions led to inconsistent application. Some flag states ratified certain conventions while others did not, creating loopholes and competitive disadvantages. MLC 2006 establishes a mandatory minimum standard for all ratifying states, ensuring a level playing field for shipowners who provide decent working conditions and preventing a 'race to the bottom' where costs are cut at the expense of seafarer welfare.

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