Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s reply to its previous comments concerning Article 6 of the Convention. It draws the Government’s attention to the following remaining points:

Article 2, paragraph (b), of the Convention. Definition of “seaman”. In the absence of any information, the Committee asks the Government once again to clarify whether the term “seaman” also covers those persons on board the vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on ships.

Article 3, paragraph 1. Right to repatriation. The Government refers to section 55(1) of the Merchant Shipping Code, according to which a seafarer is repatriated at the shipowner’s expense in the following cases: termination of employment by the shipowner or an authorized representative; illness or injury; shipwreck; inability of the shipowner to meet obligations arising from national legislation or from the relevant agreement (contract). Article 3, paragraph 1, of the Convention confers on any seafarer, who is landed during the term of his engagement or on its expiration, the right to be taken back to one of the three repatriation destinations provided in the Convention. In other words, the seafarer shall be entitled to be repatriated in all cases where he is landed during the term of his engagement or on its expiration – and this regardless as to whether, under Article 4 of the Convention, the repatriation expenses are borne by the shipowner or by the seafarer. Given that national legislation does not determine who should organize and bear the charge of repatriation in cases other than those explicitly listed in section 55(1), the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his engagement or on its expiration, the seafarer shall be entitled to repatriation; this being without prejudice to the arrangements made concerning repatriation expenses.

Article 3, paragraph 2, and Article 5, paragraph 2. Repatriation through suitable employment. Since the report remains silent on the subject, the Committee asks the Government once again to clarify whether national legislation considers the seafarer to have been duly repatriated, if he has been provided with suitable employment on board a vessel proceeding to one of the repatriation destinations prescribed in accordance with Article 3, paragraph 2. If so, please indicate how it is ensured that, when a seafarer is repatriated as a member of a crew, he is entitled to remuneration for work done during the voyage.

Article 4, paragraph (d). Repatriation expenses. The obligation of the shipowner, under section 55(1) of the Merchant Shipping Code, to bear repatriation costs in case of termination of employment by the shipowner or an authorized representative and in case of inability of the shipowner to meet obligations arising from national legislation or from the relevant contract, does not cover all cases envisaged by Article 4, paragraph (d), of the Convention. For instance, certain cases of termination of employment by mutual consent of the parties or by the seafarer can also be considered as cases of discharge for causes for which the seafarer cannot be held responsible. The Committee asks the Government to indicate the measures taken to ensure that the expenses of repatriation shall under no circumstances be born by seafarers left behind by reason of discharge for any cause for which they cannot be held responsible.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. The Government indicates that no statistics relating to the Convention are available. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on any practical difficulties in the application of the Convention.