Maritime law, more commonly known as the ‘law of sea’, is a set of rules, treaties and conventions which overlook matters concerning businesses related to seas, oceans, shipping, including offenses in open waters around the globe.
International Maritime Organization (IMO) operating under the United Nations has the specific task of controlling and governing the treaties signed by the member states. The conventions particularly related to ships and cargo logistic mechanism, are signed by member countries of IMO and enforced on their respective navies and coast guards through their governments. These conventions also deal with civil matters such as issues among ship owners, passengers and even pirates committing piracy. Since the international waters do not belong to any one State. International maritime laws are therefore based on the freedom of high seas, the law of sovereignty of nations and the legality of ships.
With new technologies, the laws and rules are continuously being amended and evolved. In view of this fact, maritime laws also encompass the registration and inspection process of seafarers and ships across the globe.
The core conventions of IMO focus primarily on the following aspects:
- The safety of life at sea.
- The prevention of pollution especially from ships.
- Standards of training and certification for the seafarers.
Keeping in view the above mentioned fact, the ships have to carry certificates on board to show if they are legally registered for seafaring. According to International Labour Organization, Maritime Labour Convention (MLC), 2006 provides a broad perspective to the rights of the seafarers at sea. The MLC started in 2001 and by 2006, it received 314 votes and was passed at that time without a single vote against it.
MLC, 2006 was adopted by countries which controlled 33% of the world trade, in the year 2013. By the year 2021, the convention was further ratified by 97 other states. It now constitutes 91% of the global shipping and tonnage.
The MLC 2006 primarily emphasize on the following;
Minimum requirements for seafarers to work on ship:
The age limit for workers working on ships was decided to be 16 years. The workers must be medically fit and properly trained, provided with suitable and secure environment.
- Employment Conditions
Contracts, payments, resting hours, development opportunities should be provided to the employees as required.
- Accommodation, recreational facilities, food and catering
The quality and quantity should be provided to the labourers within proper living as well as working areas.
- Health protection, medical care, welfare and social security protection
16 months wages to be paid after the start in case workers get sick as per decided by the convention. Access to shore-based welfare facilities should be provided.
- Compliance and enforcement
This title purely distinguishes between the port states and the flag states.
Pakistan shares the border with one of the major oceans of the world, the Indian Ocean Region with a coastline of 1046 km. MLC, 2006 is essential for ensuring fair competition for the ship owners of the countries flying the flags of ratifying state. It has become the fourth pillar of the international regulatory regime for quality shipping. It is speculated to be unique in its essence as it has an effect on rights of both the seafarers and ship owners. In case of Pakistan, the political instability and lack of coordination between seafarers and the ministries have remained the reason that it is lacking behind till today. Corruption and international loans taken by governments is weighing Pakistan down hence, the government is reluctant to ratify any convention. Although Pakistan has ratified 36 ILO conventions along with 8 fundamental conventions still more are required.
The policymakers and stakeholders have always neglected the shipping industry of Pakistan and have ultimately caused serious economic drawbacks to the country. Therefore, ratification of the MLC, 2006 through a proper course of action and implementation would prove beneficial. China Pakistan Economic Corridor, CPEC also brings a golden opportunity for the maritime sector of Pakistan. The Naval Chief of Pakistan has announced that Pakistan is planning to construct another shipyard at Gwadar, since previously Karachi had been the only shipyard.
Educating and imparting training to masses related to the convention and its enforcement is most mandatory. For the certification and license according to the MLC, 2006 the seafarers require proper training before operating and entering the oceans and the seas. MLC can bring changes and a paradigm shift towards the fate of the seafarers at sea. It will open the new gateways and avenues for the smooth trade operations with other states. The progressive evolution in the behavior of labours and adoption of MLC, 2006 can help Pakistan in strengthening the future of maritime sector as well as the rights of seafarers.