STCMLC/Part I/2021/2
Draft resolution submitted by the Government of Cyprus – Fourth Meeting of the STC, Part I
Fourth Meeting of the Special Tripartite Committee of the
MLC, 2006 – Part I (19-23 April 2021)
Resolution concerning COVID-19 vaccination for seafarers
The Special Tripartite Committee established by the Governing Body of the ILO under Article
XIII of the Maritime Labour Convention, 2006, as amended (MLC, 2006), on the occasion of
the first part of its fourth meeting, which took place virtually from 19-23 April 2021,
Noting that, under Article XIII of the MLC, 2006, the Governing Body of the ILO shall keep the
working of the MLC, 2006 under continuous review through this Committee,
Noting also Article I (2) of the MLC, 2006, which requires that ratifying States shall cooperate
with each other for the purpose of ensuring the effective implementation and enforcement of
the Convention; Article III which obliges ratifying States to respect the fundamental rights and
principles; Article V (6) that requires that ratifying States shall prohibit violations of the
requirements of the Convention,
Noting with great concern the threat posed to human health by COVID-19,
Recognizing the importance of maritime transport and the role of seafarers as key workers,
Stressing the challenging living and working conditions at sea faced by seafarers due to
COVID-19,
Recalling the Joint Statement of the International Civil Aviation Organization (ICAO), the
International Labour Organization (ILO), the International Maritime Organization (IMO), the
World Health Organization (WHO) and the International Organization for Migration (IOM), of
25 March 20211 , calling on Governments to prioritize seafarers and aircrew in their national
COVID-19 vaccination programmes together with other essential workers,
Recalling the United Nations General Assembly Resolution on international cooperation to
address challenges faced by seafarers as a result of the COVID-19 pandemic to support
global supply chains adopted on 1 December 20202, and the Resolution of the Governing
Body of the International Labour Office concerning maritime labour issues and the COVID-
19 pandemic adopted on 8 December 20203 ,
Mindful of difficulties with the rolling out of vaccination programmes, particularly in the
countries of origin, residence or transit of seafarers and;
Conscious that combating the pandemic requires solidarity, multilateral cooperation and a
collective response;
1 https://www.ilo.org/wcmsp5/groups/public/—ed_dialogue/—sector/documents/statement/wcms_777033.pdf
2 https://www.undocs.org/en/A/75/L.37
3 wcms_760649.pdf (ilo.org) STCMLC/Part I/2021/2
2
Draft resolution submitted by the Government of Cyprus – Fourth Meeting of the STC, Part I
Recognizing the challenges relating to transport restrictions, availability of approved or
authorized vaccines, the current two-stage vaccination process, which means that seafarers
may be at different locations when they receive each dose and the uncertainty as to when
they may be considered adequately protected;
Recognizing the ongoing need for governments and shipowners to continue to protect
seafarers’ health and safety through preventative and protective measures;
Calls upon Members, in consultation and cooperation with shipowners’ and seafarers’
organizations, to carry out a mapping exercise, in order to assist with the procurement of
adequate supplies of vaccines for the inoculation of seafarers in their country of residence or
other appropriate location;
Calls upon all relevant UN bodies to recognize the need for a collective approach to secure
the number of vaccines identified as being required by the mapping exercise;
Calls upon governments, in accordance with their national vaccination programmes, to make
supplies of WHO Emergency Use List (WHO-EUL) vaccines available for seafarers on ships
visiting ports in their territories, in order to facilitate necessary crew changes and minimise
disruption to global supply chains;
Calls upon governments to consider establishing vaccination hubs for seafarers in ports where
there is sufficient capacity, where significant numbers of ships call and where sufficient
supplies of WHO-EUL vaccines can be made available;
Encourages States to accept vaccines given to seafarers by other States, particularly if a
national, regional or other form of vaccine certification is required to permit movement of
individuals;
Encourages governments, in consultation with shipowners’ and seafarers’ organizations and
in coordination with the WHO and IMO, to consider the possibility of establishing an
international programme for seafarers that will facilitate access to vaccination ashore,
including where seafarers are joining or leaving a ship or taking shore leave; and
Calls upon Members to ensure that seafarers are provided with access to COVID-19
vaccination at the earliest opportunity.
Fourth Meeting of the Special Tripartite Committee of the
MLC, 2006 – Part I (19-23 April 2021)
Resolution concerning the implementation and practical application
of the MLC, 2006 during the COVID-19 pandemic
The Special Tripartite Committee established by the Governing Body of the International
Labour Office under Article XIII of the Maritime Labour Convention, 2006, as amended (MLC,
2006), on the occasion of the first part of its fourth meeting, which took place virtually from 19-
23 April 2021,
Noting that, under Article XIII of the MLC, 2006, the Governing Body shall keep the working of
the MLC, 2006 under continuous review through this Committee,
Noting also Article I(2) of the MLC, 2006, which requires that ratifying States shall cooperate
with each other for the purpose of ensuring the effective implementation and enforcement of
the Convention; Article III which obliges ratifying States to respect the fundamental rights and
principles; Article V(6) that requires that ratifying States shall prohibit violations of the
requirements of the Convention,
Noting further that the Preamble of the MLC, 2006 recalls that Article 94 of the United Nations
Convention on the Law of the Sea, 1982, establishes the duties and obligations of a flag State
with regard to, inter alia, labour conditions, crewing and social matters and Article V(2) of the
MLC, 2006, which requires that each ratifying State shall exercise its jurisdiction and control
over ships that fly its flag by establishing a system of ensuring compliance with the
requirements of the Convention,
Noting also the COVID-19 pandemic declared by the World Health Organization (WHO) on 11
March 2020 and the resulting control measures introduced and still applicable in many
countries,
Recalling that many of these control measures have caused seafarers all over the world to be
prevented from exercising their rights to repatriation, maximum periods of shipboard service,
shore leave, medical treatment ashore and access to shore-based welfare facilities to which
they are entitled under the MLC, 2006,
Recalling also the observations contained in the Report of the Committee of Experts on the
Application of Conventions and Recommendations (CEACR) adopted at its 91st session
(2020)1 referring to the increased importance of the MLC, 2006 during the pandemic and that
the MLC, 2006 is intended to set the minimum standards to be observed by ratifying States,
and that non-observance of fundamental rights during such a time may render the Convention
meaningless,
1 https://www.ilo.org/ilc/ILCSessions/109/reports/reports-to-the-conference/WCMS_736204/lang–
en/index.htm.
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Recalling the Resolution of the Governing Body concerning maritime labour issues and the
COVID-19 pandemic adopted on 8 December 2020 calling for global co-operation and full
implementation of MLC, 2006, 2
Recalling also the United Nations General Assembly Resolution on international cooperation
to address challenges faced by seafarers as a result of the COVID-19 pandemic to support
global supply chains adopted on 1 December 2020, 3
Having noted the Recommended framework of protocols for ensuring safe ship crew changes
and travel during the coronavirus (COVID-19) pandemic, which was proposed by a broad
cross section of global industry associations representing the maritime transportation sector
and enjoying consultative status at the International Maritime Organization (IMO) (MSC.1/Circ.
1636), and which is promoted by the ILO,
Noting also that there are seafarers who have lost their employment as a result of the
pandemic and the consequent reduction or cessation of their employers’ operations, whilst
others have suffered poor health or deprivation, leading some to rethink the choice of career,
which has implications for the future of shipping,
Noting with great concern that, more than a year after the declaration by the WHO of a
pandemic, hundreds of thousands of seafarers remain impacted,
Noting that, in spite of the severe toll that the pandemic has taken on seafarers, they have
continued to keep supply lines operational, ensuring the movement of essential food, fuel,
medicines, medical equipment, vaccines and all other goods and commodities,
Noting that the requirements of the MLC, 2006 apply at all times and that there is no provision
that allows them to be suspended under any circumstances,
Noting that the CEACR stresses that the notion of force majeure may no longer be invoked
from the moment that options are available to comply with the provisions of the MLC, 2006,
although more difficult or cumbersome, and urges ratifying States which have not yet done so,
to adopt all necessary measures without delay to restore the protection of seafarers’ rights
and comply to the fullest extent with their obligations under the Convention,
Believing that the ability of shipowners to fulfil many of their duties to seafarers that are
imposed on them by the MLC, 2006 depends on the cooperation of States and, in particular,
their facilitation of seafarer repatriation, shore leave, transit and access to shore-based welfare
services, and medical care including dental care,
Believing also that the fulfilment of all obligations under the MLC, 2006 by ratifying States is
essential to ensure the health and safety of seafarers,
Noting further that national requirements for COVID-19 testing and quarantine measures
implemented by governments have been applied to seafarers, in many cases
disproportionately,
Requests the ILO to renew its call on Members to designate and treat seafarers as key workers
and also to call on Members to take all necessary steps to ensure that seafarers:
(i)
can travel to and from their country or place of residence and their place of work,
2 https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—
relconf/documents/meetingdocument/wcms_760649.pdf.
3 https://www.undocs.org/en/A/75/L.37. 3
(ii)
can transit between regions and States and within countries for the purposes of
taking up employment, being repatriated, or for medical care including dental care
ashore,
(iii)
are exempted from quarantine requirements, if any, upon arrival in the jurisdictions
in which they join or leave their vessel, except where they test positive for COVID-
19,
(iv)
can obtain medical care including dental care ashore when required,
(v)
can obtain shore leave and access to shore-based welfare services,
(vi)
are permitted to access training necessary for their employment, where it is
available,
(vii)
are not required to stay on board a vessel longer than the period specified in their
seafarer’s employment agreement without their consent, and under no
circumstances for longer than the maximum period of service stipulated by the
MLC, 2006.
and to co-operate with each other to promote the wellbeing of seafarers and respect their
fundamental rights and principles under the MLC, 2006;
Requests Members, in accordance with applicable national laws and regulations, to consider
the acceptance of internationally recognized documentation carried by seafarers, including
seafarers’ identity documents delivered in conformity with the Seafarers’ Identity Documents
Convention, 1958 (No. 108) and the Seafarers’ Identity Documents Convention (Revised),
2003, as amended (No. 185);
Requests Members, in accordance with applicable national laws and regulations, to consider
temporary measures including waivers, exemptions or other changes to visa or documentary
requirements that might normally apply to seafarers;
Requests that the ILO remind Members of the aforementioned Resolutions adopted by the
ILO Governing Body and the UN General Assembly and of the IMO Recommended framework
of protocols for ensuring safe ship crew changes and travel during the coronavirus (COVID-
19) pandemic;
Requests the ILO to call on Members to ensure that seafarers are provided with access to
COVID-19 vaccination at the earliest opportunity as well as to promote the mutual acceptance
of vaccine certificates, where issued, including when in transit to or from their ships and when
taking shore leave, in order to protect their health and safeguard their ability to carry out their
duties as key workers maintaining global supply chains;
Calls on Members and shipowners’ and seafarers’ organizations to work jointly to ensure the
promotion and respect for seafarers’ rights under the MLC, 2006;
Further recommends that the ILO Governing Body convey the contents of this Resolution to
the United Nations Secretary-General with a request to convene an ad-hoc UN Inter-Agency
Task Force to examine the implementation and practical application of the MLC, 2006 during
the pandemic, including its impact on seafarers’ fundamental rights and on the shipping
industry.