Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes from the information supplied by the Government in its last report that the legislative measures necessary to give effect to the provisions of Articles 4, 5 and 8 of the Convention have not been taken. It also notes that the regulations to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4 (medical care). Under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5 (cash benefits). Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. In reply to the Committee’s previous comment that the national legislation on shipping contains no provision to give effect to this Article of the Convention, the Government states that it plans to take account of the provisions of this Article in the context of the revision of labour laws and regulations that it hopes to undertake with ILO assistance. The Committee takes note of this information and asks the Government to report on any progress made in this respect.