National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Code of Maritime Affairs, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Code of Maritime Affairs so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Code of Maritime Affairs, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workers’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Code of Maritime Affairs does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.
Repetition Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Shipping Code, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Shipping Code so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Shipping Code, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Shipping Code does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including statistics for the next reporting period relating to: (1) the total number of seafarers serving on vessels covered by the Convention; (2) the number of seafarers who have been assisted pursuant to the provisions of the Convention, distinguishing if possible between persons left ashore in the territory of Djibouti and those left ashore elsewhere, and also between occupational accidents and diseases, on the one hand, and other accidents and diseases, on the other; and (3) the total expenditure incurred by shipowners in respect of their liability.Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which establishes an up-to-date and comprehensive legislative framework for regulating seafarers’ living and working conditions, promotes the creation of a level playing field for shipowners, and reproduces, in Regulation 4.2, Standard A4.2 and Guideline B4.2, the principal rules laid down by Convention No. 55. The Committee requests the Government to keep the Office informed of any decisions taken in this respect.
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:
The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. 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 seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, 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; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, 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. Property left on board. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.
Article 8. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.
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.
The Committee notes with regret that the Government's report has not been received. It recalls that the last report contained no reply to its previous comments. 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:
Article 4 of the Convention (Medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains 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 of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).
Article 5 (Cash benefits). Under the same section 140 of the 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 wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared 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. No provision giving effect to this Article is contained in the national maritime legislation.
The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.
The Committee notes that the Government's report has not been received. It recalls that the last report contained no reply to its previous comments. 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:
The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that for the third time 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:
Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains 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 of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).
Article 5 (cash benefits). Under the same section 140 of the 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 wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared 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).
The Committee notes with regret that for the third time, the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.
The Committee notes with regret that for the second time 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:
The Committee notes the 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:
The Committee notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.
The Committee notes, from the Government's report, that no progress has been achieved in the implementation of the Convention and that the regulations to be issued under Act No. 212/AN/82 have not yet been adopted. It is therefore bound to renew its previous comments, which concerned the following points:
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:
1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:
Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains 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 of a permanent character, whatever the port of disembarkation.
Article 5 (cash benefits). Under the same section 140 of the 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 wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared 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. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.
2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.