Posted: March 1st, 2023

THE MARITIME LABOUR CONVENTION (MLC) 2006, AND ITS EFFECT WITHIN SHIPPING INDUSTRY

THE MARITIME LABOUR CONVENTION (MLC) 2006, AND ITS EFFECT WITHIN SHIPPING INDUSTRY
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ABSTRACT
Background: Progressive efforts have been underway for more than a century to establish an international instrument that would manage problems in the shipping industry, create a platform for fair competition, and improve working and social conditions. The 2006 ILO conference yielded the Maritime Labour Convention (MLC 2006) aimed at improving labour in the maritime transportation as from 2013.
Aim: The aim of the study was to evaluate the potential implementation of the MLC 2006, for policy and management in maritime sector. The study explored the effect of the Convention within the shipping industry with emphasis on the seafarers.
Methods: A systematic literature review search of primary and secondary sources relevant to the field was performed in different online databases. The studies were assessed, reviewed, information extracted, and summarized thematically.
Results: The study found that seafarers’ working and social conditions have many problems; therefore, shipping industry needs significant improvement. Analysis of the problems indicated that that seafarers have serious issues with regards to their working and social conditions. The MLC 2006, showed that it would resolve these problems. People were observed to have different perspectives regarding the Convention, and some countries are reluctant incorporating the Convention into national regulations. The MLC 2006, would also provide legal framework for seafarers to some extent.
Conclusion: Seafarers have significant problems ranging from social to working conditions. The MLC 2006 has the ability to resolve the problems if implemented appropriately. It will act as a legal framework with reference as the bill of rights for seafarers. However, further research is recommended in the field to investigate the best implementation strategies.
Key-terms: MLC 2006; Seafarer; Convention; Minimum standards; Shipping industry; and Maritime.

1.11 SUMMARY
This study evaluated the MLC 2006 and its impact on the shipping industry. The MLC 2006, is as a result of long term attempt to safeguard the rights of employees in maritime transportation who have had problems regarding their social and working conditions. The background of the issue showed that many conventions and amendments regarding seafarers’ welfare have been done over years, but problems still persist. It was expected that the MLC 2006, would alleviate problems as well as improve social and working conditions in the shipping industry, but that is yet to be determined. This was the justification of this study aimed at filling the gap of knowledge through achieving the aims and objectives of the dissertation.

CHAPTER TWO:

LITERATURE REVIEW WRITING
2.1 INTRODUCTION
The International Labour Organization (ILO) is one of the agencies that has actively participated in promoting safety, social, working conditions, and minimum international labour standards for seafarers working in the shipping industry (Harrison, 2008). The organization has been active in drafting conventions, making amendments on the regulations, or encouraging state parties to comply with conventions since its inception in 1919 (McConnell, Doumbia-Henry and Devlin, 2011). The first instrument of the ILO to foresee the drafting of an international code for seafarers was the National Seamen’s Codes Recommendation of 1920 (Harrison, 2008). It established a code for employees in the shipping industry, promoted safety, improved working practice, and incorporated standard measures to be observed at sea. Numerous instruments have been adopted by ILO to promote social and working standards in fishing and shipping industries, with major instruments being the MLC of 2006. The Convention was further updated with the adoption of the Work in Fishing Convention during the last conference held by ILO in June 2007 (Politakis, 2008). Although the Convention’s main aim was to improve living and working conditions of fishers, it also contributed to a sustainable shipping industry. The adoption of these important instruments in both 2006 and 2007 has demonstrated the relentless efforts of the ILO towards flexible, consolidated, and ratified labour standards for seafarers (Politakis, 2008). This section thematically review literature available in the public domain in a systematic manner in order to establish problems concerning the social and working conditions of seafarers as well as analysing the extent at which the MLC 2006 would resolve the issues.

2.2 PROBLEMS REGARDING THE WORKING AND SOCIAL CONDITIONS OF SEAFARERS
2.2.1 Safety Problems
Safety of the seafarers is a long term problem despite measures put in place to mitigate accidents (International LO, 2009). The mortality rate of the people working in the shipping industry is the highest in the Great Britain compared to other professions. Roberts (2002) supported this assertion in a study organized to investigate an occupation which is most hazardous in the Great Britain. The findings demonstrated that fishermen died 52.4 times more often followed by seafarers at 26.2 times more than other workers (Roberts, 2002). The statistics show that shipping industry is the most hazardous and most dangerous occupation. There is need to reduce the death rate by ensuring safety of seafarers by eliminating unsafe working practices, for example, working in treacherous conditions (International LO, 2008). Seafarers face problems with safety while performing their duties in the shipping industry (New measures…., 2014).

Cultural values or practices are known to determine safety but little research has been done to substantiate the claims that safety is related to culture of a nation (Horck, 2004). Håvold (2007) examined the relationship safety orientation and national culture of seafarers from Norway. The study explored the mechanism of how cultural, contextual, and organizational factors influence safety orientation through creation of behaviour and attitude. The study found that seafarers of the same nationality tend to have same perception and attitude to safety issues therefore a mixture of cultures affect safety negatively while national culture influence safety positively through high power distance, avoiding uncertainty, and high individualism (Christodoulou-Varotsi, 2012).

Apart from the safety for seafarers’ lives, legal measures to safeguard their rights and protection are inadequate. Terry (2009) explored Filipino seafarers in terms of legal protection while working in multinational cruise ships. The study found that the extra-terrestrial legal space where seafarers interact with their employers has diminished lacks effective law framework resulting in diminished rights of workers. Economic globalization has pushed seafarers into a dynamic transnational system which lacks security measures to ensure that seafarers are safe from exploitation (Terry, 2009). It is important to formulate legal framework in order to encounter legal geographic problems and eliminate inequality in the shipping industry. Bhattacharya (2012) explained further that the job safety of seafarers is affected by poor employee engagement to enhance success in shipping industry. The outcome is reduced profits, increased employee turnover, worse customer loyalty, rising maritime accidents, and increased incidents of personal trauma.

2.2.2 Globalization and International Competition
International competition has intensified with the globalization of shipping industry which has made the job of seafarers cumbersome because they need to overcome the global pressure. Borovnik (2011) studied the impact of increased international competition among seafarers from Tuvalu and Kiribati. The findings showed that international competition has created a challenging working and social conditions. Seafarers have to endure more time than before in ship employment to remain competitive with consequences of high dependence and low protection of the home communities (International Labour, 2008). Other problems associated with international competition include absence from home, experiencing frequent security controls, working in mobile constrained spaces in the company of multinational crew, sleep deprivation due to fast turnaround impact, deterioration of emotional and physical health.

Seafarers used to advocate for their rights through unions; however, with globalization factors such as politics of spatial embedding and geographical scale have affected the performance of unions (Carmichael and Herod, 2012). Capitalism spatial organization has compelled both employers and workers to cooperate. The relationship assist them in coping up with political behaviours they encounter in their daily activities. For example, seafarers have suffered labour market deregulation. Employers and seafarers have attempted to unite, respond liberalization efforts, and resist deregulation (Cacdac, 2010). The main unifying factor is their spatial embedding which give them the ability to decide on their course against adverse effects of globalization.

In the advent of globalization, it is expected that the global labour market would assist seafarers; however, several problems are still faced concerning career in shipping industry. The problems include inability to develop a criteria that would guide career development and employers, and harmonise the differences among seafarers (Amendments…, 2014). Other problems encountered in marine transport are economic liberation, political constraints, as well as economic transitions which make it cumbersome to comply with the minimum international standards of global labour market (Bin and Morris, 2006). Lillie (2004) further pointed out that transnational unions in the shipping industry would improve the working conditions such as pay, social welfare, and facilitating consensus between developed and developing countries some of which operate flag of convenience ships.

2.2.3 Financial Insecurity
Seafarers who are working on the international fishing and merchant ships send remittances home. Borovnik (2006) investigated the Kirabati population on the importance of the remittances and strategies to ensure families of seafarers are financially secure. The study found that remittances form shipping industry employment is the main component and revenue of the Kirabati economy. The income is shared among families, communities, and individuals in respect to direct allotment deposited in their bank accounts as well as channels of community and family obligations. Although the Karabati population is attracted to employment in shipping industry because the flow of remittances onto Karabati from seafarer’s employment has been increasing and continuous, there is lack of financial security (Borovnik, 2006). The families rely on the seafarers to finance and decide for them on the use or sharing of the remittances. There are no financial institution or social welfare system providing financial security; therefore, all the remittances are private safety net that seafarers provide for their families.

Evidence has shown that financial social welfare institutions and unions have the ability to increase income and provide financial security for seafarers (Petrinović and Lovrić, 2015). Unions provide a platform for collective bargaining while social welfare institutions provide advice regarding financial management. Talley (2007) investigated the differences in earnings among seafarers who are members of unions and those who are non-union across their occupations as well as in respect to employees of other transport operatives. The findings demonstrated that despite the earnings being comparable, seafarers who are in unions had a positive gap against those who are not members of any union. The scenario was the same to employees of other transportation industries.

2.2.4 Health and Social Problems
Seafarers spend significant amount of time away from their homes without their couples. Such circumstances exposes them to the risk of participating in extra-marital sexual behaviour and contracting venereal diseases such as HIV/AIDS (Tibbles, 2012; Hansen, Andersen and Lillebaek, 2006). Ford and Chamratrithirong (2008) employed an environmental model pertaining to health behaviour to explore the motivation and context of sexual risk taking practices among male migrants working in Thailand. The majority of participants were seafarers identified to be at high risk for contracting the disease. The findings showed that seafarers are exposed to venereal diseases due to the nature of their activity as well as lack of motivation to use condom, pressure to engage with sex workers, and avoiding to test HIV due to stigma. Seafarers also do not have access to peer or group education to increase their awareness regarding preventive measures (Ford and Chamratrithirong, 2008).

It is important to note that workers in shipping industry have relatively high risk of contracting diseases, trauma, or death; therefore, their health problems are diverse (Hansen, Tüchsen, and Hannerz, 2005). According to Bloor, Thomas and Lane (2000), the transformations in the industry since 1970s have made the health and social situation worse. These include the shift to flag of convenience, sub-contracting that gives crew and ship management to private companies, the increased mixed nationalities in the crew, reduction of number of workers while increasing working hours, and economic as well as technological changes. The evidence show that globalization of shipping industry has resulted in serious health and safety problems which are potentially deleterious despite the evidence being fragmented (Bloor, Thomas and Lane, 2000).

2.3 THE EXTENT THE MLC 2006, WOULD RESOLVE PROBLEMS OF SEAFARERS
According to Politakis (2008) the ILO adopted MLC 2006, as an instrument for resolving problems of seafarers because it has been concerned with maritime labour matters since its inception. The MLC would address issues related to living and working conditions of seafarers through the implementation of the International Seafarers’ Code (Politakis, 2008). The code would prevent the recruitment of children in the shipping industry by setting 16 years as the minimum age for seafarers. It will also prevent overworking of employees through the establishment of a maximum amount of hours a seafarer should work either daily or weekly. The MLC 2006, would ensure seafarers access placement services and its operations are supervised by either labour agents or port state control to improve compliance with international standards (Kissack, 2015).

Safety and injury among seafarers are some of problems the MLC 2006, would address by adopting measures to prevent accidents as well as improving maritime security. According to Borodina (2013) most accidents at sea are caused by the human factor, particularly, the organizational errors; therefore, the same people are the best practicing environmental protection or maritime safety measures. The MLC 2006, would organize training, certification, and supervisory role aimed at developing either a cultural change or promote a right mind-set (Borodina, 2013). The training would be possible with the use of fleet ships belonging to the maritime educational institution which is expected to address the safety problems.

The concept of employee engagement is a vital tool in promoting the success of firms, reduction of employee turnover, and optimization of revenue, maritime safety or mitigating accidents (Maritime LO, 2012). The MLC 2006, would resolve employees’ problems through the adoption of engagement drivers applicable in the maritime sector (Bhattacharya, 2012). Expected outcome is improved social and working conditions for seafarers. The strategy would be combined with human error management in shipping activities. The approach would have the propensity of reducing accidents caused by human errors, transferring information about standards of training, keeping watch, as well as certification of seafarers (Wang and Zhang, 2000).

The MLC 2006, would play a significant role in supporting international action advocating for dynamic change against child labour (Noguchi, 2010). The Convention would emphasise on children’s rights in employing mechanisms such as developing settings according to international standards or technical cooperation. The plan would succeed if the Convention works in tandem with other agencies that protect children’s rights, for example, the Convention on the Rights of the Child (Noguchi, 2010). The strategy has the ability to curb exploitation of children in the shipping industry.

Pollution have deleterious consequences on both marine life and workers in the shipping industry who are exposed to dangerous chemicals (Gray, Gruby and Campbell, 2014). Considering that seafarers spend a significant amount of their time at sea working, it is indispensable protect marine biodiversity. According to Gray, Gruby and Campbell (2014), safety of seafarers or marine environment requires concerted efforts of both the Convention on Biological Diversity and the MLS 2006, where the later would dwell in protecting or addressing the health issues of employees in the shipping industry. In order to cooperate with other agencies, the MLS 2006, would adopt a consensus approach because each Convention has different interests, and only intersect in health issues and pollution (Akyuz, Karahalios and Celik, 2015).

According to Politakis (2008), the MLC 2006, would resolve problems associated with living, social, and working conditions, enforce the minimum age for employment in the shipping industry, providing of sleeping space, rest hours, as well as both social and financial security. It would ensure that vessels that do not comply with labour laws are not certified to operate. The Convention will share its mandate with local ports authorities to enhance the adoption of international standards because vessels could be inspected in foreign ports in case they fail ratify the requirements of the MLC 2006 (Swiss Confederation, 2006). It would provide an evolutionary flexible framework that address seafarers’ problems through the protection of their rights (Harrison, 2008). The MLC 2006, would resolve problems of the seafarers if the shipping industry adhere to all of its declarations such as minimum age for a seafarer, medical certification, qualifications to work in the shipping industry, agreements pertaining to seafarer employment, implementation of placement and recruitment services, observing hours of either work or rest, provision of standardized accommodation, recreational facilities on-board, promoting catering and food services, ensuring safety, health and accident mitigation, preparing medical care services on-boar, establishing complaint procedures while on board, and promoting better payment of wages (Piniella, Silos and Bernal, 2013; MLC, 2006).

2.4 SUMMARY
Thematic review of literature have identified several problems relating to the social and working conditions of seafarers. Safety problems are attributed to the fact that working in the shipping industry is the most hazardous occupation with mortality due to accidents or diseases. Safety has deteriorated because multinational individuals with different cultures or perception of safety are mixed up as ship crew. There is also lack of effective legal framework to safeguard the rights of seafarers. Globalization and international competition have caused problems such as doing excess work at the expense of well-being to remain competitive, labour market deregulation, and marked differences in terms and conditions of work across the world. Seafarers have no financial security or financial social welfare systems. A section of them depends on unions to improve their social as well as working conditions. Health and social problems include staying away from home for a long time, participating is unhealthy sexual behaviour, contracting diseases such as HIV/AIDS, and being exposed to pollution. The MLC 2006, have the ability to resolve these problems through full and effective implementation of its declaration as outlined in this section.

CHAPTER THREE: METHODOLOGY
3.1 INTRODUCTION
The study employed a systematic review of literature and thematic analysis because it is the most convenient method to collect data about the potential implementations of the MLC 2006, for policy and management in the maritime sector. Information was collected from both primary and secondary sources with peer reviewed articles selected mainly because they were readily available in the public domain. The data collected was thematically analysed for relevance in achieving the aim as well as the objectives of the project. The sources of information used were from different countries; therefore, provided overall knowledge about the subject matter.

The systematic literature review was used to access information about the MLC 2006, seafarers, problems encountered in the shipping industry, and the role of MLC 2006 in resolving issues of social and working conditions pertaining to seafarers. The main people studied were seafarers or workers employed in shipping industry, the intervention was application of the MLC 2006 to resolve their problems, and the expected outcome was international standards of social and working conditions. The results were synthesised thematically on the perspective of different people, the incorporation of MLC 2006, into the national regulations, and the role of MLC 2006, as a legal framework for seafarers. The outcome was analysed, discussed in relation to evidence in the literature review and applied to achieve the aim and objectives of the project as well as evaluating the potential implementations of the MLC 2006, for policy and management in the maritime sector. The methodology was carried out diligently to avoid conflicts concerning ethical issues which are encountered frequently in the course of literature review.

3.2 SEARCH STRATEGY
The search strategy was performed in a systematic manner, in the databases and other sources of information selected where the researcher had access to primary or secondary material. The yield of the search strategy were not only relevant to the topic of study but also could assist in meeting aim and objectives. It ensured that the study was reliable and valid for decision making by being cautious in selecting sources of information or literature to avoid error of bias.

3.3 SELECTION CRITERIA
The types of studies included were literature reviews, empirical papers, reports, and surveys, observational, retrospective, expert opinions, and cross-sectional research. It selected studies which explored working condition, social life of seafarers, labour organizations or conventions involved with shipping industry, and problems associated with maritime transportation. Studies selected measured outcomes related to implementations of the MLC 2006, management and policy in the shipping industry, and social and workplace problems of seafarers. Inclusion criteria comprised of primary sources that explored the shipping industry, had results relevant to the objectives of the topic studied, their research design and literature review provided insights or perspectives regarding the MLC 2006 as well as the shipping industry. The researcher adhered to selection criteria in choosing research material, study design, data collection, and determination of reliability and validity of sources. It is important to note that the peer reviewed articles used in the study were either published or translated into English language with emphasis being on the most recent articles. The selection criteria also provided a framework for omitting inappropriate sources of information. According to the guideline developed in the exclusion criteria framework, sources were omitted if they lacked material by not incorporating original or primary studies, did not have either a qualitative or quantitative study design, included a book chapter lacking evidence, and had unrecognized study design. Articles published before the year 2000 were eliminated unless they provided vital history about the Conventions, international minimum labour standards in the shipping industry, or a tool for assessing the quality of sources of information.

3.4 QUALITY ASSESMENT AND RESEARCH PHILOSOPHY
The articles selected for systematic literature review were verified for quality as well as relevance to research philosophy to address the research aim, achieve objectives, and contribute new knowledge in the field of study. The sources selected were subjected to critical analysis, evaluation, assessment on the degree of quality, and summarized thematically; therefore, they were the basis of the results chapter of the project. The quality of the studies was assessed with the use of Downs and Black tool (Downs & Black, 1998). The tool evaluated studies regarding merits on the basis of comprehensive articulation, design, aims, objective, implications, findings and limitations. It has a checklist for scoring measures of quality and high reliability in determining the quality of studies. The researcher appraised the quality of the articles and the outcome confirmed with the second peer, while the third peer offered resolution. They were categorized into four groups depending with the numerical score of the tool. Articles with a score of more than 20 were high quality; 15-20 moderate quality, 6-14 low quality, and less than 6 very low quality. The researcher selected studies of high and moderate quality only to ensure the evidence provided was strong.

The study was undertaken with the goal of assessing implementation of the MLC 2006, and overcoming problems in social and working conditions of seafarers. The project had the potential of developing recommendations on improving the adoption of the MLC 2006, in the shipping industry. Exploring, analysing, and evaluating the potential implementations of the MLC 2006, for policy and management in the maritime sector was accomplished through a systematic review of relevant literature. The study also obtained the perception of researchers who investigated the topic of the study previously.

3.5 DATA COLLECTION AND METHODOLOGICAL ISSUES
Data was collected from studies obtained in the online database search engines such as EBSCOHOST, COCHRANE, ACADEMIC SEARCH PREMIER Ethos.bl.uk, Google Scholar, and Willy-Blackwell. The key words used were the Maritime Labour Convention 2006; shipping industry; maritime transportation; seafarers; maritime sector; labour conventions; social and working conditions; and shipping problems or challenges. The researcher used Boolean logic to combine key words with OR, AND, or WITH to retrieve relevant data. The information was summarized according to the themes covered in the project.

Methodological issues were encountered in the process of the study. There were limited studies that analysed the potential implementations of the MLC 2006, for policy and management in the shipping industry; therefore, it was cumbersome to obtain sufficient evidence. Most studies were not particular about the aim and objectives of the study while those that were found to be relevant were also repetitive in coverage of the topic. It was difficult to find articles that reviewed the topic deeply or covered all the themes sufficiently. Some databases required subscription; therefore, the researcher was disappointed in not being able to retrieve good articles that had only the abstract accessible or available in the public domain. However, the researcher resolved the methodological issues by ensuring that all articles were relevant by reading the abstracts, performing as many hits as possible with key terms to obtain sufficient peer reviewed articles, the articles reviewed were from the year 2000 to 20016 with acceptable methodology, and all the sources used complied with standards of a scientific paper, time, themes, and ethical principles.

3.6 SUMMARY
The study adopted a systematic literature review design to achieve aim and objectives as well as exploring all the themes pertaining to the topic. Sources were retrieved from the online database search engines and studies or reports selected in accordance with the inclusion and exclusion criteria. The quality of the sources was assessed by Downs and Black tool and only moderate and high quality studies selected for review. The research adhered to the research philosophy as determined by aim and objectives. Relevant data was collected through searching with key words, reading abstracts to determine relevance, doing many hits, as well as combining key terms with the Boolean logic. The researcher managed to overcome methodological issues in a manner that did not compromise validity or reliability of evidence, and data summarized thematically as presented in the results chapter.

CHAPTER FOUR: INVESTIGATION – RESULTS
4.1 INTRODUCTION
The results chapter presents the findings of the sources of information retrieved, selected, analysed, summarized, and the information used to evaluate the potential implementations of the MLC 2006, for policy and management in the maritime sector. The information was essential in determining the effect of MLC 2006 within the shipping industry. The findings presented in this chapter are the outcome of the systematic review, and it is the main content of the project. It was designed to contain main findings, evidence, and knowledge accrued in the process of research. The information was arranged in themes; the perspective of different people regarding MLC 2006, incorporation of MLC 2006, into national regulations, and MLC 2006, as a legal framework for seafarers.

4.3 INCORPORATION OF MLC 2006, INTO NATIONAL REGULATIONS
According to a study by Politakis (2008), countries that ratify the MLC 2006, have the obligation to implement its legal requirements alongside national laws. The nations incorporate the regulations in their national laws, and are allowed to inspect or issue certificates of compliance under their flag once a ship complies with the minimum standards according to the MLC 2006. Such nations have the jurisdiction of inspecting and detaining foreign ships that dock in their local ports if the ships do not comply with the legal framework. The MLC 2006 is applied in the countries that ratify it during the recruitment of seafarers which provide equal quality working conditions as well as fair competition. Incorporation of the Convention into the national regulations is vital because effective implementation of its provisions rely heavily on the state parties’ governments, ship-owners, and seafarers (Malinauskaite and Bernotaite, 2014). These are the main stakeholders, and the MLC 2006, cannot succeed without cooperation of one of them.

Piniella, Silos, and Bernal (2013) argue that the incorporation of the Convention into the national legislation is essential, particularly, for governments with ship registry that inspect or provide certificate for ships to operate in their countries, flag states. The MLC 206, needs assistance of governments of state parties to succeed because as any other international legal instrument, it does not exercise direct authority except through national laws. Therefore, nations are required to incorporate the legislations in their laws to ensure that they are applied appropriately, and the national law has the ability to put ship-owners, ships and seafarers to task of compliance (Thomas, 2004). All countries that ratify the Convention have the obligation to incorporate the minimum standards into national regulations, and the national standards must reflect the international minimum standards. The nations have the authority under the cooperation of port state control and the MLC 2006, to prevent a ship from operating if it does not comply with the minimum standards. Therefore, port states are supposed to have procedures for communicating with seafarers while they are on-shore when the ship does not comply with the minimum standards (Dellinger, 2008). Evidence accrued demonstrate clearly that the incorporation of the MLC 2006, provisions into the national regulations influences the performance of the Convention; therefore, it should be emphasised.

However, it is the jurisdiction of each country to decide provisions of the Conventions that should be incorporated into law as a regulation, legislation, subsidiary law or legal agreement measure. Harrison (2008) highlighted the importance of the MLC 2006, being incorporated into the national regulation. The most important is that the incorporation would supplement the efforts of the Convention in enforcing its provisions. The nations would have the authority, system, and personnel working under port state control who inspect and issue certificates of compliance. Such states inspect all foreign ships on commercial voyage or maritime transportation regardless of their flagship as long as the vessels are in their state port. Any ship that is inspected is provided with a declaration of compliance to maritime labour law or a certificate of maritime labour organization, which serves as evidence for adhering to the international minimum standards of the Convention also called prima facie. The level of inspection is determined by the preliminary reports because further investigations are only performed when the inspector is satisfied with the preliminary report. In case of the required documents being invalid, a complaint has been lounged against the ship, or there are robust indications that the vessel is non-compliant to the regulations, then a full detailed investigation as well as inspection is executed, and this may involve masters (Thai et al. 2013)). The inspectors at the local port state control have to report to the masters when the ship has deficiencies, or a significant problem to either seafarers or the association of ship-owners.

4.4 THE MLC 2006, AS A LEGAL FRAMEWORK FOR SEAFARERS
A study by McConnell, Doumbia-Henry and Devlin (2011) found that seafarers working in ships with flags of nations that do not ratify the MLC 2006, or effective jurisdiction according to the international law work in dilapidated conditions that are detrimental to their health, safety, and social life. In the advent of globalized economy, most seafarers do not share nationality with their employers; therefore, there is need for international laws that would regulate the shipping industry. The MLC 2006, has two main aims that would address these issues as well as act as an international legal framework for seafarers (McConnell, Doumbia-Henry and Devlin, 2011). The convention would ensure that seafarers’ rights are protected globally. It would also establish a fair competing ground among ship-owners and seafarers across the world, provide quality living conditions, decent working environment, and protection from working in substandard ships. It is imperative for seafarers to adopt the Convention because it aims to acquire ratification from many countries more than previous conventions (Kabai, 2015). The MLC 2006, has strategies to educate, inform, and organize continuous awareness campaigns with the aim of sensitizing seafarers regarding their rights on issues of non-compliance to the standard minimum international provisions, and the role of the MLC 2006, as a legal framework to remedy themselves when their rights are breached (Fernandez et al., 2014).

According to Christopher-Varotsi (2012), the MLC 2006 advocates for minimum standards under collective or employment agreements, and national laws. It is an international legal instrument although it does not compel seafarers, ships, countries, or ship-owners to ratify the Convention. Countries that sign it have the obligation of complying with its provisions alongside national laws regarding rights of employees in the shipping industry; therefore, seafarers use it as a legal framework. Ship-owners who are registered in a country ratifying MLC 2006, are bound to obey its measures or national laws (Wu, Lai, and Cheng, 2006). The introduction of ‘no more favourable treatment clause’ enabled MLC 2006, to protect seafarers employed under flag of all countries regardless of whether the nations ratify the Convention or are under flags of convenience. It applies on private and public ships that undertake commercial activities, and a nation that ratifies MLC 2006, have the authority to inspect or address matters involving non-adherence to the regulations in ships registered in countries that do not ratify the Convention. Adherence to the MLC 2006, regulations is determined under five main heading, which are: minimum standard international requirements necessary for seafarers to be employed and work in a ship; employment conditions; recreational facilities, accommodation; catering as well as food; medical care, health protection, social security and welfare protection; and enforcement or compliance (Zevallos et al., 2014).

A research carried out by Piniella, Gonzalez-Gil and Bernal (2015) came up with the assertion that MLC 2006, as a legal framework for seafarers ensures that employees in the shipping industry live and work in standard conditions, and seafarers report any breach of their rights to inspecting authority even when still on board. It is a bill of rights for seafarers because it addresses their social and working conditions while aboard. Its provisions are easy to comprehend, applicable globally, uniformly enforced, and updatable with dynamism in the maritime transportation (Piniella, Gonzalez-Gil and Bernal, 2015). Since its inception, two vital issues are prominent that make the MLC 2006, act as a legal framework for seafarers. First is its relentless protection of the rights of seafarers by providing effective mechanisms essential in safeguarding rights of employees in the maritime transportation, emphasising on adherence to international standard certification and inspection procedures, and a framework for reporting issues to the supervisory machinery of the ILO (ILO, 2014). Secondly, the MLC 2006, supports the previously existing international maritime laws that govern safety, pollution control, and commercial shipping. However, the Convention dwells intensively in improving the working conditions of seafarers, and provides legal guideline or regulations to achieve the standard minimum international requirement termed as ‘seafarers’ rights’ (Hjarnoe and Leppin, 2014). The ‘seafarers’ bill of rights’ in the MLC 2006, as legal framework is indicated in figure 1 below.

Fundamental Rights Summary of Details
Minimum Age -at least 16 years old
-16-18 do not work at night or do jobs with health or safety risk
-night is not later than midnight and not earlier than 5 am
-fine details determined by competent authority
Medically Fit -valid medical certificate
-in English and by qualified medical practitioner
-valid for 1 year under 18, otherwise 2 years, and 6 years for colour vision certificate
-another examination by independent medical practitioner or referee if certificate denied
-on expiry, there is a procedure for working for a short period
-medical certificate issued according to the requirements of the Convection
Trained and Certified -must be competent to perform duties
-must complete training on personal safety while on board

Fair Placement and Recruitment -do not operate a blacklist to hinder qualified seafarers
-no extra fees apart from ones described in the Convention
– keeping up to date register
-inform seafarers of their rights
-verify qualification, protection, and respond to complaints
-establish insurance plan
Employment Agreement -clear, legal, and enforceable written agreement
-be able to review and get informed advice
-it is free, signed by both parties, and keep original copies
-must contain all details pertaining to the work

Paid Wages -no minimum wage, to be determined by stakeholders
-must be paid regularly in full
-monthly account of payment or period agreed
-provision of means to transfer part of proceedings to dependants or legal beneficiaries
Regulated Work and Rest Hours -maximum work hours is 14 per 24 hours, and 72 hours a week
-minimum rest hours is 10 per 24 hours , and 77 hours a week
-rest hours divided in two periods one at least 6 hours
-any activity should not interfere with rest hours except in emergency cases
Right to Leave -paid annual leave, and a shore leave
-leave must be calculated on pro-rata
basis in case of employment termination
-buying annual leave is not allowed
-leave do not include holidays, time off for ill health, compensation, or justified absence
Time and place of the leave will be determined by the stakeholders
Right for Repatriation -a seafarer is repatriated at no cost if contract expires, terminated, or cannot carry out duties.
-ships to pay for repatriation cost and financial security
-no advanced payment by seafarer and allowed to carry 30 kg of luggage
Compensation for Lost Ship or Founders -must be compensated for injury and unemployment in case of a ship’s foundering or loss
-ship owner must pay indemnity
-payment as per the agreement
Adequate Manning -must be secure and safely operated ship
-manning cost is decided by the flag state
-manning should consider voyage nature
Career and Skill Development -opportunities to strengthen qualification, competencies, and employment opportunities
-governments where a seafarer is domiciled should provide same opportunities
-period for training should be counted as being in work
On Board Accommodation and Recreational Facilities -accommodation must be safe and decent
-detailed and technical requirements should be as per the MLC 2006, requirements
-ships must be inspected frequently for the technical requirements
Good Quality Drinking Water and Food -food and water should be provided under hygienic conditions
-the quality must be appropriate and free of charge
-cooks must be full time and fully qualified
-cooks must be at least 18 years and have certification
On Board and Ashore Medical Care -health protection, access to medical and dental care, and quality care is a must on-board
-medical care on-board must include medicine chest, equipment, guide, and a qualified medical doctor per 100 persons for a 3 day voyage
-24 hours access to on-shore specialist through radio or satellite.
-services must be provided at no cost without delay
Material Support Following Injury, Sickness, or Death -material, financial, and compensation is a must in case of occupational injury
-ship owner must pay for medical care, full wages, and material support
-ship owners are not liable if the injury, sickness, or death was not occupational or occurred before employment
-properties of the seafarer must be safeguarded
Safety Protection, Health, and Accident Prevention -seafarers have the right to work, live, and train in a safe, hygienic environment with precautions against accidents or disease
-health policy, programmes, training, and information on risks is a must
-seafarers and ship owner should participate in keeping minimum standards, comply with inspection, and move out of danger without delay
Access to Shore Based Welfare Facilities -governments ratifying the MLC must establish welfare facilities for seafarers
-must be easily accessible, constructed in consultation with stakeholders, and accept seafarers without any form of discrimination
Social Security Protection -seafarer must be provided with social security protection as other residents of the same country
-securities must be available as per the minimum standard requirements and agreement
-social security protection must be wide and have conflict resolution mechanism
Flag State Responsibilities -must have inspection system
-inspection and ships to comply with international minimum standards
-valid certificates must be available for seafarers to read, complaints investigated, and issues addressed before leaving port.
Complain on Board -must have procedure to complain on-board
-procedure must aim to resolve the complaints or forward the matter to masters
-seafarers must have a copy of the procedure, have records, and know if the complaint cannot be resolved
Port State Responsibility -must inspect ships, verify documents, and improve living and working condition
-investigate the reason for a ship changing flagship
-comply with the minimum standards
Complain on Shore -right to report a breach of rights
-cooperate with the inspecting authority to investigate the complaint
-has the right to be provided with further resolution mechanisms if the complaint cannot be resolved at the local port.
Figure 1: Fundamental Rights of seafarers (Seafarers rights, 2016)

4.5 SUMMARY
The systematic literature review according to the themes has explored issues surrounding the implementation of the MLC 2006, and its effect within the shipping industry. The evaluation showed that the MLC 2006 has the potential of improving working and social conditions for seafarers. Its policy and management in the maritime sector has faced challenges and problems despite its potential for success. Seafarers face a variety of problems ranging from health, financial, employment, unfair competition, and mechanisms to resolve issues with regards to their working and social conditions. However, the MLC 2006, would resolve these problems if it is implemented appropriately. People have different perspective regarding the Convention which determine its incorporation into the national regulations. The MLC 2006, would provide legal framework for seafarers because it has a clear guide concerning the rights of seafarers as in figure 1.

CHAPTER FIVE: INVSTIGATION – ANALYSIS
5.1 Introduction
The section presents a close analysis of main issues identified in the systematic literature review. The issues have been approached 9 themes which are of indispensable importance. Therefore, it assist in the evaluation of the effects of the MLC 2006, within the shipping industry.
5.2 Analysis
5.2.1 The MLC 2006 Implementation Challenges
Since the implementation of MLC 2006, there has been a sense of optimism despite gaps observed in its executions, for example, the problem of open registries, and delegation of inspection duties to private organizations, failure to uphold human rights during contracting, representation, and employment. Some private organizations have been delegated the duty to oversee the welfare of seafarers, but they have the tendency to be less competent in implementing the minimum international standards in regard to shipping industry (Harrison, 2008). It is expected that improved shipping industry would overcome seafarers’ shortage (Leggate, 2004).
5.2.2 Seafarers’ Rights
The responsibilities and rights of seafarers need to be addressed to improve their social and working conditions. Formal international conventions are crucial in ensuring that the state parties adhere to the implementation of minimum standard requirements in the shipping industry according to agreements. In the advent of globalized economy, social and working conditions of seafarers have been compromised due to labour market deregulation, increased competition, relentless attempt to reduce operating cost, employers minimizing the cost of labour, ship-owners failing to prioritize the rights of their employees, and lack of attention to fair treatment and principles of justice among employees (Harrison, 2008; Fort, Massardier and Bergeret, 2010).
5.2.3 Expected Outcome of the MLC 2006
Implementation of the MLC 2006 was expected to alleviate problems in the shipping industry, but its goals are yet to be realized partly because state parties are reluctant in adopting the current regulations to improve the welfare of seafarers. Countries that used to operate under open registries are adamant at adopting international conventions relevant in improving the shipping industry (Marinov, Maglic, and Buksa, 2015). The labour standards stipulate the minimum age for employment as a seafarer, medical examination, placement and contracting, enrolment contracts, social security, certificates of aptitude, paid holidays, vocational training, rest and working periods, welfare in port and sea, crew accommodation, safety and health at work, as well as continuity of employment. The ILO has adopted directives, practical recommendations, and reports concerning social and working conditions of seafarers (Harrison, 2008).
5.2.4 Contributions of the ILO
The ILO has made efforts to publicize the MCL 2006 as a pillar of the regulation of international maritime transport through training (Ruggunan, 2011). For example, a special training centre opened in 2011, in Turin, called the Marine Labour Academy has been instrumental in training inspectors for future application of the Convention, inspection, and monitoring (Piniella, Silos, and Bernal, 2013). It is still uncertain whether the MLC 2006 would succeed or fail due to the numerous challenges. The outcome depends on factors such as flag state implementation or working within the Port State Control framework. The International Labour Conference of 2006 also adopted vital resolutions with the purpose of supporting effective implementation, ratification, and promotion of the Convention (Piniella, Silos, and Bernal, 2013). Inspection and certification for compliance is in principle the main responsibility of labour organizations that safeguard seafarers.
5.2.5 The MLC 2006 Tasks
In particular, the MLC 2006, is tasked with inspection, declaration of compliance with labour regulations, as well as issuance of the Maritime Labour Certificate. A flag state can also verify that ships adhere to the implemented requirements of the Convention, international regulations or national laws, collective bargaining agreements, in addition to other measures deemed appropriate (Harrison, 2008). Therefore, although MLC 2006, has potential implementation for regulations or policy guiding the maritime sector, it is faced with problems ranging from working and social conditions of the seafarers, providing solutions to international maritime labour conflicts, contradicting perception of different people that hinder its corporation to national regulations, and the extent to which seafarers would depend on MLC 2006 as a legal framework in the shipping industry (V.Ships, 2010). This study is important because it analyses the MLC 2006, and attempts to determine its effects within the shipping industry.
5.2.6 Globalization Issues
The Convention aims to establish fair international competition and eliminate the challenges of globalization. The finding is supported by an earlier study which demonstrated that international competition has resulted in the job being difficult, working for many hours without rest, high dependency, low protection, sleep deprivation, and deterioration of well-being (Borovnik, 2011). Earlier studies also support the finding that seafarers have been suffering from the consequences of labour market deregulation; therefore, the MLC 206, would attempt to harmonize the situation (Carmichael and Herod, 2012). It would resolve problems of political constraints, labour liberalization, and unequal economic transition (Bin and Morris, 2006). The MLC 2006, would improve wages, social welfare, and consensus in the shipping industry better than unions (Lillie, 2004).
5.2.7 Regulation of Age Limits
Son (2014) also asserts that the Convention would ensure people who are under the age of employment in the shipping industry are not recruited as seafarers. According to the reports provided by the Vietnam government, there are still children under the age of 16 years who are employed in dangerous and hazardous conditions such as in the shipping industry (Son, 2014). The country adopted the MLC 2006, perceiving that it would assist in resolving the problem of child labour. However, other countries have revised the age limit to increase it because they feel that working in shipping industry requires someone strong and healthy to perform heavy duties. For example, China has increased the age limit to 18 as opposed to the UK, Germany, and Denmark that still set it at 15-16 years (Noguchi, 2005; Zhang and Zhao, 2014).
5.2.8 The MLC 2006, in Peru
Rosas (2014) explains the importance of the Convention and states further that some countries such as Peru are reluctant at incorporating the MLC 2006, and instead they have developed state policies guiding the labour sector. The new labour regulations formulated in Peru incorporate aspects of labour inspection, improving social and working conditions, and safety issues (Rosas, 2014). Considering the need for Peru to improve labour standards in the shipping industry, the MLC 2006, represents the best chance to improve the Peru legal framework concerning maritime labour law. Incorporation of the Convention into the national regulations would reintegrate Peru back to the international society where Peru has an undesirable profile. The step would increase the ship tonnage because many ships and seafarers would prefer to dock in Peru. The country is also expecting an increase of merchant fleets; therefore, incorporating the MLC 2006 would make management of shipping industry easy (Rosas, 2014). Seafarers would prefer to work in the national fleets in Peru due to the improved social and working conditions under the Convention.
5.2.9 Recommended Interventions
The study identified the importance of the MLC 2006, in improving the social and working condition in the shipping industry, particularly, through the promotion of seafarers’ rights. The Convention requires the assistance of nations that should have a positive perspective and incorporate its provisions into the national regulations. The minimum standards and the ‘bill of seafarers’ rights’ contained in the convention would improve the shipping industry in the error of globalized economy where the world has become one; hence, the need for regulations that would manage the maritime transportation. The recommend interventions include the MLC 2006, to be ratified by all nations to improve shipping industry and resolve problems encountered by seafarers. It would provide seafarers with improved employment terms, ensure quality health and social care while they are both on and off board, sufficient on-board training, and reduce employee turnover. Other benefits of the Convention would be sufficient ship turnaround time, adequate number of crew, working for reasonable hours with rest, establishment of on-board communication system to resolve complaints, provision of financial security and social welfare.
5.3 Summary
The evaluation of data was performed under nine main prongs. They were categorized regarding the issues identified in systematic literature review and data presented in the results’ section. The prongs included the MLC 2006, implementation challenges, seafarers’ rights, expected outcome of the MLC 2006, contribution of the ILO, the MLC 2006 tasks, globalization problems, regulation of age limits, the situation of MLC 2006, in Peru, and the recommended intervention.
CHAPTER SIX: DISCUSSION
6.1 LOCATING THE EVIDENCE
The researcher used online search engines to locate data from sources retrieved from databases such as EBSCOHOST, COCHRANE, ACADEMIC SEARCH PREMIER Ethos.bl.uk, Google Scholar, and Willy-Blackwel. The primary studies accessed online had appropriate data pertaining to the MLC 2006, and its effect within the shipping industry. The sources obtained were either related or discussed about maritime transportation and labour conventions.

6.2 INTRODUCTION
The study aimed at retrieving data available in the public domain to evaluate the MLC 2006, and its effect in the shipping industry. Primary studies or sources were indispensable in accruing information, identifying seafarers’ problems, comprehending, and providing recommendations on the process of implementing the Convention to resolve problems encountered in the shipping industry. In order to achieve the aim, the study had to address its objectives namely to analyse the problems that seafarers face with regards to their working and social conditions; critically analyse how far the MLC 2006, would resolve these problems; observe the perspective of different people regarding the Convention, and how different countries incorporate it into national regulations; and to determine the extent to which MLC 2006, would provide legal framework for seafarers. The details of the objectives were approached thematically to explore every objective comprehensively.

The dissertation had potential findings regarding effect of MLC 2006, in the shipping industry as well as the direction for further studies in the same field. The dissertation was expected to find resolution for problems or challenges facing seafarers, promote implementation of the Convention and improve the shipping industry. It was supposed to motivate countries to adopt or incorporate its provisions into the national regulations with the aim of having a standardized maritime transportation system that is respected internationally, attracting stakeholders to embrace the Convention, and drafting proper policies for management. The recommendations of the study would be incorporated into national policies of the concerned countries as a means for improving the social and working condition of seafarers in the shipping industry. The 23 point bill of rights for seafarers could be adopted in the shipping industry to make sure that problems of seafarers are resolved (Peters and Kwong-leung, 2006). Although proper management of the Convention is expected to result in many countries ratifying it, the most important aspect is the incorporation of new ideologies to have positive effect on the shipping industry.

6.3 DISCUSSION
The study achieved most of its expectation and provided information necessary in evaluating the implementation potential of the MLC 2006, and its effect in the shipping industry. The findings were consistent with other available body of literature by previous studies. The study revealed that despite the positive effects of the Convention, seafarers still have challenges and some nations are hesitating to incorporate the minimum standards into regulations. Globally, many countries and ship-owners still prefer flag of convenience which hinders the implementation of the MLC 2006. The situation is attributed to the suspicion from previous conventions, some countries not ratifying the Convention, and lack of full cooperation from partners and ship-owners. Another issue that came out was the management problem because with many countries ratifying the Convention, it would have to depend on the state parties’ good will to ensure minimum standards are complied with through inspection, certification, and resolution of complaints.

People have different perspectives regarding the MLC 2006, for example, seafarers view it as a tool to alleviate their problems and improve social as well as working conditions. They expect to obtain their rights as outlined in the labour agreements with enforcement from MLC 2006 (Chuah, 2005). In Vietnam, the Convention is viewed as an opportunity for fair competition, improved shipping industry, and overcoming the problem of child labour. It would also ensure appropriate working conditions are maintained through regular inspection, certification, and resolution of complaints (Son, 2014). China has as well viewed it positively and has taken steps to increase the minimum age for employment as a seafarer from 16 years as per the minimum standards to 18 years (Noguchi, 2005). However, countries such as Peru have a different view which has made them reluctant at signing or ratifying the MLC 2006 (Rosas, 2014). Ship owners and merchant fleets, in Peru, do not comply with the requirements of the Convention fully due to lack of national interest. However, a majority of people have the perspective that the Convention is a bill of rights for seafarers and would improve the shipping industry (Harrison, 2008).

The incorporation of the MLC 2006 into the national regulations would oblige countries to implement legal requirements of the Convention (Politakis, 2008). The countries would also provide support in maintaining the minimum standards through inspection, certification, and resolution of issues at the local ports. Countries that are reluctant to incorporate the provisions into the national regulations, for example Peru, are faced with uncertainty of managing their increasing fleets in the future (Rosas, 2014). The MLC 2006, is an opportunity for such countries to improve their shipping industry, become competitive in the world, and attract foreign ships to increase revenue with additional ship tonnage. Incorporation of minimum standards into national regulation would enable governments with ship registry to assist the Convention in achieving its aim in a globalized economy that is cumbersome to manage (Piniella, Silos, and Bernal, 2013). Only complex problems that cannot be resolved at the local port are forwarded to masters for further detailed investigation regarding issues of compliance and seafarers’ rights. However, the jurisdiction of incorporating the minimum standards of the MLC 2006, into the national regulations is a preservative right of states, and they cannot be compelled to comply (Harrison, 2008).

The MLC 2006, acts as a legal framework for seafarers because evidence has shown that seafarers working in ships flying flags of countries that do not ratify the convention experience dilapidated social and working conditions (McConnell, Doumbia-Henry and Devlin, 2011). The situation is different in other countries because the Convention ensures that ships comply with the minimum standards provisions; therefore, seafarers’ rights are protected. Although the MLC 2006, do not compel countries, ship-owners, and seafarers to ratify it, the Convention advocates for the minimum standards under collective agreements or national regulations (Christopher-Varotsi, 2012). Once the provisions are incorporated into the national laws, the minimum standards are enforced and they provide a legal framework for seafarers to obtain their rights.

The MLC 2006, is a legal framework for seafarers because it contains the bill of rights outlining the fundamental rights that all ships should comply with to improve both social and working standards in the shipping industry (Piniella, Gonzalez-Gil and Bernal, 2015; ILO, 2014). The minimum standards enable proper management of the shipping industry in a globalized economy because they are easy to comprehend, applicable globally, uniformly enforced, and updatable with changes in the shipping industry. Two main aspects of the MLC 2006, that make it a legal framework for seafarers are; its protection of the rights of seafarers by providing effective mechanisms, emphasising on adherence to international standard certification and inspection procedures, and a framework for reporting issues; and supporting the previously existing international maritime laws that govern safety, pollution control, and commercial shipping (ILO, 2014).

The findings of the study agree with the available literature in the field of maritime transportation and labour. Roberts (2002) reported that safety of the seafarers is a problem that makes it the most hazardous occupation. Safety is partly attributed to cultural values; however, the study did not explore the assertion deeply, but emphasise on the need to international minimum standards to overcome cultural problems (Terry, 2009). It is important to establish safety measures to protect life, rights of workers, and eliminate inequality in the shipping industry as outline in the MLC 2006 (Bhattacharya, 2012).

Previous research indicated that seafarers lack financial security because they share their monthly remittance with family as a private safety. There are no financial social welfare organizations, for example, in Kirabati that are actively involved with seafarers (Borovnik, 2006). Financial social welfare institutions and unions are vital in negotiating for increase in wages, offering financial protection, and the issue is addressed in the MLC 2006 (Talley, 2007). Problems of health as well as social challenges compromise emotional and physical well-being of seafarers because they stay away from home and families for an extended time. It predisposes them to the risk of acquiring diseases; therefore, proper healthcare and social welfare mechanisms are indispensable for seafarers (Ford and Chamratrithirong, 2008; Oldenburg et al., 2013). Considering that working in the shipping industry is the most hazardous occupation, seafarers are exposed to high risks of trauma, accidents, death, and contracting peculiar maladies. The shipping industry has had worse social and working conditions for many years attributed to subcontracting of seafarers, ships shifting to flags of convenience, and working for long hours (Bloor, Thomas and Lane, 2000). The findings of the dissertation agree with the situation portrayed by the previous studies, and further evaluated the importance of the MLC 2006, is resolving seafarers’ problems.

The study demonstrated that the best way to resolve problems of seafarers is through the adoption of the MLC 2006, and incorporating it into the national regulations. The approach would ensure that the minimum standards outlined in the fundamental rights of seafarers’ are enforced in full, and authorities would inspect, certify, as well as resolve complaints appropriately. The findings are supported by previous studies, for instance, Politakis (2008) asserted that the Convention would address problems of working and living conditions through the implementation of the international seafarers’ code. Borodina (2013) also purported that the Convention would mitigate accidents most of which are caused by human factors, for example, organization errors; therefore, effective training would reduce accidents in the shipping industry. The concept of employee engagement was supported by Bhattacharya (2012) to resolve conflicts between employers and seafarers aimed at improving social and working conditions. Employee engagement, according to Wang and Zhang (2000), would address issues of human error accidents, comprehensive information on training, supervision and certification of qualified seafarers.

Other earlier studies that supported the findings of the dissertation include a research by Noguchi (2010) which concluded that the MLC 2006, would be instrumental in the fight against child labour because it has a provision outlining the minimum age for employment as a seafarer. Gray, Gruby and Campbell (2014) argued that the Convention, as the fourth pillar of international maritime labour laws regime would assist in reducing pollution that threatens employees as well as marine biodiversity. Harrison (20080, Politakis (2008), as well as Piniella, Silos, and Bernal (2013) all agree that the MLC 2006 as legal framework would be the best international instrument in the shipping industry to resolve problems and challenges of minimum age for a seafarer, medical certification, qualifications to work in the shipping industry, agreements pertaining to seafarer employment, implementation of placement and recruitment services, observing hours of either work or rest, provision of standardized accommodation, recreational facilities on-board, promoting catering and food services, ensuring safety, health and accident mitigation, preparing medical care services on-boar, establishing complaint procedures while on board, and promoting better payment of wages (Viljoen and Muller, 2012).

MLC 2006, has updated maritime labour standards to extend comprehensive protection, to seafarers all over the world (Major step.., 2010; Tsamourgelis, 2009). The Convention has a broader approach combining bill of rights, legal code, minimum employment standards, and ILO strategic framework to promote working conditions, social welfare, and maritime labour marketing in the context of economic globalization (Piniella, Silos, and Bernal, 2013). The MLC 2006, has two main roles that include complimenting the existing instruments regulating shipping, safety, or pollution, and providing protection to seafarers’ rights as well as effective implementation of certification or reporting procedure.
6.4 SUMMARY
The goal of the dissertation was to explore the MLC 2006, explore its potential implementation, and its effect within the shipping industry. The study found that seafarers have numerous working and social problems including health problems, financial insecurity, safety, globalization and international competition. The evidence showed that the MLC would resolve problems encountered by the seafarers, improve working and social conditions, and manage maritime transportation through inspection, certification, and resolution of complaints. The outcomes of the dissertation were supported by earlier studies; therefore, the implementation of the MLC is recommended despite challenges of incorporating its provisions into the national regulations, in some countries.

CHAPTER SEVEN: CONCLUSION
The MLC 2006, was established to promote seafarers’ rights, improve their working and social conditions, as well as create a fair operational platform under the minimum international standards aimed at improving the shipping industry. The Convention was to become the fourth pillar supporting the international labour laws regime because although pollution of the maritime environment and safety at sea were well covered by the previous conventions, labour laws or regulations were inadequate in improving the shipping industry regarding the rights of seafarers. Seafarers used to suffer unique employment terms that did not treat them fairly according to the law, poor health and well-being due to lack of medical services while isolated for extended period of time in dilapidated conditions in the sea, insufficient on-board training due to high employee turnover, inadequate ship turnover time, small number of crew, and many working hours without rest. The ships also lacked an on-board communication system for fair, effective, as well as expeditious process for resolving seafarers’ complaints. Other problems were related to social, living, financial security, and social welfare conditions.

Several scholars have organized studies to explore the field of shipping industry, but there was still inadequate knowledge regarding the MLC 2006, its implementation potential, and effect within the shipping industry with emphasis on the rights of seafarers. It was justified to undertake a systematic review of literature and analyse the information to fill the gap of knowledge regarding the potential implementations of the MLC 2006, for policy and management in the maritime sector. The topic was selected for study because the gap of knowledge in the field and the pathetic social and working situation of the seafarers motivated the researcher to investigate the MLC 2006, and its effect in the shipping industry to find out how it would resolve seafarers’ problems. The researcher’s goal was to achieve the aim of the study through four main objectives which were the themes of the study. The objectives were to analyse the problems that seafarers face with regards to their working and social conditions; critically analyse how far the MLC 2006, would resolve these problems; observe the perspective of different people regarding this convention, and how different countries incorporate it to national regulations; and determine the extent to which MLC 2006, would provide legal framework for seafarers.

The study found that seafarers suffer from unfair employment terms, poor health and social care while isolated for long at sea, insufficient on-board training, high employee turnover, fast ship turnaround time, small number of crew, working for many hours without rest, lack of on-board communication system to resolve complaints, financial security, and lack of social welfare conditions. Evaluation demonstrated that implementation of the MLC 2006, has the potential to resolve seafarers’ problems as well as improve policy and management in the shipping industry. The problems would be resolved by embracing the seafarers’ rights as outlined in the MLC 2006, convention. However, the main challenge is that not all nations or people have a positive perspective about the Convention, for example, Peru has approached it suspiciously to worst experience with previous labour conventions. Other countries such as Vietnam have viewed the Convention as progressive and incorporated it into the national legislations. In the countries that have ratify the Convention, for example, Vietnam, it has improved the social, financial, and working conditions of the seafarers. The seafarers in Vietnam are well trained, earn higher wages than employees in other sectors, and the Convention has assisted them in fighting the menace of child labour. The situation is different in Peru where despite attempts to draft national legislation aimed at improving seafarers social and working conditions in the shipping industry, the situation is still not satisfactory and there is a challenge of managing the increasing commercial fleet in the country.

Limitations of this study to evaluate the potential implementations of the MLC 2006, for policy and management in the maritime sector includes its dependency on information from the primary sources which have several shortcomings. Primary studies were carried out in limited places, port sites, and they are not representative for all the continents. Although the sources were used because they had relevant information regarding the topic of the study, their findings and conclusions cannot be applied conveniently in all setups, particularly, in the countries where no such research has been carried out. Stakeholders in different parts of the world have varied opinions about the MLC 2006, and its implementation would experience different challenges some of which are not included in the study. Limitations were also observed in the study in terms of word limit in thematic analysis and chapters, time for research, and restricting study constraints in searching for information that when analysed would be able to achieve the study’s aim and objectives. Further studies are required in the field, particularly on the contributions of the MLC 2006 in addressing problems in social and working conditions in the shipping industry. Future studies should dwell on organizing research in different placed in the world that have not been explored concerning research on the shipping industry.

CHAPTER EIGHT: REFLECTION
8.1 INTRODUCTION
The reflection section provide thoughts of the researcher regarding experience acquired in the process of accomplishing the project. It also reflect on the new comprehension on the topic of study, and knowledge in the field. The reflection dwells on the potential implementations of the MLC 2006, for policy and management in the maritime sector, personal development, research process, and professional expertise. It is a bridge connecting experience and knowledge obtained to professional application in the future regarding improving the shipping industry, implementing the MLC 2006, and being confident when practicing, explaining, or investigating inadequate theoretical assertions. Johns Model for Structured Reflection was used as a guide because it emphasises on practical importance with two main foci (Noveletsky-Rosenthal and Solomon, 2001). The first focus is event description while the second is comprised of analysis, evaluation, and conclusion (Perry and Perry, 2000).

8.2 REFLECTION
8.2.1 Description
The event reflected upon was a dissertation that employed systematic and thematic review of literature available in the public domain to evaluate the potential implementations of the MLC 2006, for policy and management in the maritime sector. The MLC 2006 was adopted in the MLO conference in 2006 and was supposed to take effect as from the year 2013. Its aim was to ensure international labour standards are entrenched in the shipping industry. The labour standards stipulate the minimum age for employment as a seafarer, medical examination, placement and contracting, enrolment contracts, social security, certificates of aptitude, paid holidays, vocational training, rest and working periods, welfare in port and sea, crew accommodation, safety and health at work, as well as continuity of employment.

The dissertation began with the introduction where the topic was described and background of the study, justification and rationale, aim and objectives, scope, limitations, sources of information, and structure of the dissertation are highlighted. The researcher reviewed the available literature in the field of study and identified the problems regarding social and working conditions of the seafarers and some of the strategies the MLC 2006, would use to resolve them. The methodology was effective in evaluating the potential implementations of the MLC 2006, for policy and management in the maritime sector through data collection, analysis, and conclusion despite limitations in scanty sources exploring the topic and qualitative approach that had gaps or errors attributed to sources of information. The data was presented in the result section, analysed, and discussed to relate the findings to previous studies before the project was concluded and reflected upon.

8.2.2 Analysis
The researcher attempted to evaluate the potential implementations of the MLC 2006, for policy and management in the maritime sector, as well as the effect of MLC 2006 in the shipping industry from the inception to the completion of the dissertation. The researcher also critically analysed the problems that seafarers face with regards to their working and social conditions as well as the extent to which the MLC 2006, would resolve these problems. The perspective of different people regarding MLC 2006, and how different countries incorporate it to national regulations were explored. The researcher also tried to determine the extent to which MLC 2006, would provide legal framework for seafarers.

It was indispensable to classify and approach the issues thematically to address he aim and every objective comprehensively. Most studies used were qualitative research involving seafarers; therefore, they provided real societal perspectives regarding labour issues in the shipping industry. The expected contribution of the dissertation was to establish issues with MLC 2006, identify problems associated with social and working conditions of seafarers, provide recommendations to the findings, and comprehend the process of completing a dissertation successfully. The researcher was had a feeling of satisfaction because of improving labour conditions in the shipping industry, enhancing professional development, and facilitating learning.

8.2.3 Evaluation
The strategy the researcher selected was appropriate because it met the objectives and appraisal of the methodology could not find a better approach than the one used. Other approaches include undertaking quantitative research on seafarers in different parts of the world, and although it could have been the best research design understand the perception or effect of the MLC 2006 within the shipping industry, it was not viable regarding time, finance, travelling, security, cultural differences, as well as language barrier. Secondary study, which is systematic literature review, was therefore the best despite its shortcomings such as bias, inaccuracy, validity, reliability, quality, and magnified error of representation. The researcher managed to overcome the disadvantages through the use of Downs and Black tool (1998) to select quality articles. Although the researcher was satisfied and delighted for achieving the objectives of the study, it was disappointing in that the best study design for the project had many faults which were cumbersome to manoeuvre.

8.2.4 Conclusion
The dissertation transformed the opinion of the researcher in regard to implementation of the MLC 2006, its effect within the shipping industry, and both problems and challenges seafarers encounter in their social and working conditions. The researcher used to believe that there is little MLC 2006 would achieve in regard to improving labour in shipping industry, but at the end of the project it was obvious that it is essential to adopt the international standards of maritime transportation for the benefit of stakeholders, particularly, the seafarers. The student was satisfied and developed self confidence in organizing and executing evidence based intervention in the field of maritime transportation. The researcher applauded the project as the best activity performed in the course of professional development, and recommended further research in the shipping industry.

8.3 SUMMARY
Reflection section provided the researcher with an opportunity to express thoughts regarding the project. John (2000) Model for Structural Reflection was used to reflect thoroughly on the event that was described in details, analysis of the dissertation process, evaluation, and conclusion. The researcher showed satisfaction and appreciated the project as the best activity. However, the researcher was disappointed because the best approach for the study was not perfect. The study was fulfilling and the researcher recommended further studies in the same field to resolve challenges facing the MLC 2006, and problems encountered by seafarers in the social and working conditions.

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