Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption in 2000 of the Immigration Act repealing the provisions of the Aliens Act of 1963 (Act No. 160) as well as the adoption in 2003 of the Ghana Shipping Act (Act No. 645) repealing the provisions of the Merchant Shipping Act of 1963 (Act No. 183) and the Labour Act (Act No. 651).

Section 121 of the Ghana Shipping Act (Act No. 645) provides that the minister may make regulations as the minister considers necessary to provide for the conditions of service of persons serving on Ghanaian ships and Ghanaian nationals serving on foreign ships and the implementation of any international conventions relating to the employment and status of seafarers. However, the Government’s report does not indicate which regulations, which came into force following the adoption of Act No. 645, allow for the application of the Convention. The Committee thus requests the Government to indicate and communicate, in its next report, the specific texts giving effect to the provisions of this Convention.

Article 1, paragraph 2, of the Convention. The Government indicates in its report that in the event of any doubt whether any categories of persons are to be regarded as seafarers the maritime administration does not issue identity documents. Under the Convention, in the event of any doubt, the question of whether a seafarers’ identity document is to be issued shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to take measures ensuring that the consultation with organizations of shipowners and seafarers required by this provision is undertaken.