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Maritime Labour Convention, 2006 (MLC, 2006) - Saint Vincent and the Grenadines (Ratification: 2010)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified three maritime Conventions, which have been denounced following the entry into force of the MLC, 2006 for Saint Vincent and the Grenadines. It notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for the country respectively on 18 January 2017 and 8 January 2019. The Committee further notes the supplementary information provided by the Government on 30 September 2019. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that the Convention is implemented by the Shipping Act of 2004, by the Shipping (Maritime Labour Convention) Regulations of 2017 (hereinafter the SVG Regulations) and by circulars adopted by the Saint Vincent and the Grenadines Maritime Administration (SVG MARAD). The Committee notes that the Government has provided a copy of the Maritime Labour Certificate and a copy of the Declaration of Maritime Labour Compliance (DMLC) Part I and Part II. The Committee requests the Government to provide an example or examples of Part II of the DMLC, which have been prepared by a shipowner and have been accepted by the competent authority.
Article II. Definitions and scope of application. Seafarers. Ships. The Committee notes that section 2.3 of Circular No. MLC 002 - rev.1 on Procedures for Maritime Labour Convention Certification (Circular MLC No. 002) provides that “a Seafarer is any person who is employed or engaged or works in any capacity on-board a ship to which the MLC, 2006 applies”. It also notes that section 2 of the Shipping Act of 2004 defines “seafarer” as every person (except masters and pilots) employed or engaged in any capacity on board any ship. The Committee recalls that under Article II, paragraph 1(f) of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, including masters. The Committee requests the Government to indicate the measures taken to harmonize its legislation to ensure that the protection afforded by the Convention is guaranteed to all seafarers within its scope of application, including masters. The Committee also notes the Government’s indication that no case of doubt has arisen as to whether any category of persons are to be regarded as seafarers. However, the Committee notes that Section 2.3.2 of the Circular N° MLC 002 provides a non-exhaustive list of exclusions concerning persons whose work is not part of the routine operation of the ship. The Committee notes in particular that, according to section 2.3.4 of this Circular, non-marine personnel employed under outsourced service agreements are not considered as seafarers. Referring to the above-mentioned definition of seafarer, the Committee requests the Government to provide detailed explanations concerning the categories of persons who fall within the definition of non-marine personnel. It further requests the Government to provide updated information on any further determination concerning the definitions of “seafarer” and “ships” made by the competent authority.
Article VII. Consultations. The Committee notes the Government’s indication that representative organizations of seafarers have not yet been established despite numerous efforts and many meetings convened with some seafarers. The Committee recalls that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, in cases where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a seafarers’ organization is established in the country, the Committee requests the Government to have recourse to the consultative arrangement provided for in Article VII.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that Title 1, paragraph 1 (d) of Schedule of the SVG Regulations provides that no seafarer under the age of 18 years shall work at night except in accordance with paragraph 8(c).Under this provision, seafarers under the age of 18 years are allowed to work at night if they are trained and certified as competent by any appropriate industry body in the area of work. The Committee recalls that, according to Standard A1.1, paragraph 3, the competent authority may authorize exceptions to the prohibition of night work of seafarers under the age of 18 years only when the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired or when the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being. The Committee requests the Government to indicate the measures taken or envisaged to ensure that exceptions to night work are only allowed in conformity with the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s reference to Title 1, paragraph (1)(c) of the Schedule of the SVG Regulations according to which a seafarer under the age of 18 shall not be employed, engaged or work on-board a ship following the types of work listed under Guideline B4.3.10 (a-l) of the Convention. However, the Committee notes that such dangerous activities could be performed by seafarers under 18 years of age if they are recognized as “trained and certified as competent by an appropriate industry body in an area of work”. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work, which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to indicate how it gives effect to Standard A1.1, paragraph 4, giving due consideration to Guideline B4.3.10.
Regulation 1.2 and Standard A1.2, paragraphs 5 and 6. Medical certificate. Right to have a further examination. Nature of medical examination. The Committee notes the Government’s indication that the Schedule of the SVG Regulations reproduces the requirements of Standard A1.2, paragraphs 3 to 10 of the Convention. The Committee observes however that the said Schedule does not specify the nature of the medical examination nor the right to a further examination provided for under Standard A1.2, paragraphs 5 and 6 of the Convention. The Committee requests the Government to indicate how it gives effect to these requirements of the Convention.
Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s reference to paragraph 5(b) of the Schedule of SVG Regulations, which provides that “a collective agreement may form all or part of the SEA provided that, if it does, a copy is available on-board in English”. The Committee however notes that these provisions do not explicitly provide that it shall be ensured that clear information as to the conditions of employment of seafarers, including the ship’s master, can be easily obtained, in accordance with Standard A2.1, paragraph 1(d). The Committee therefore requests the Government to provide information on how it implements the requirement that seafarers shall have easy access to information on board ship about their conditions of employment, including to collective bargaining agreements. The Committee notes the additional information provided by the Government according to which no standard SVG Form currently exists for SEA or collective bargaining agreements and shipowners should ensure that a SEA follows Standard A2.1 Paragraph 4(a) to (j) in accordance with Paragraph 5 (d), Title 2 of the Schedule of the SVG Regulations. Furthermore, paragraph (d) of Title 5 of the Schedule of the SVG Regulations contains the elements provided for under Standard A2.1, paragraph 4. The Committee requests the Government to provide an example of a SEA. The Committee further notes paragraph 5(e) of the Schedule of the SVG Regulations, which provides that in lieu of ‘birthplace’ specified under Standard A2.1, paragraph 4(a) of the Convention, the SEA may contain ‘nationality’ as substantially equivalent measures in accordance with Article VI of the Convention. Referring to Article VI, paragraph 3 of the Convention, the Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in Article VI, paragraph 4.  Accordingly, the Committee requests the Government to provide information with respect to the substantial equivalence it has adopted.
Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the Government has adopted a system of hours of rest. The Committee notes that the Paragraph 7 (b) Title 2 of the Schedule of the SVG Regulations provides that every seafarer shall be entitled to minimum hours of rest, of no less than 10 hours in any 24 hour period and 77 hours in any seven day period. It observes that national legislation does not include measures that have been adopted for seafarers under the age of 18 as required under the Convention. Recalling the requirements of Standard A1.1, paragraph 2, which prohibits night work of seafarers under the age of 18, the Committee requests the Government to explain how it has given due consideration to Guideline B2.3.1 of the Convention. The Committee also notes that records of seafarers daily rest hours shall be maintained in the published IMO/ILO format. Every seafarer shall receive the hours of rest specified in Standard A2.3, which shall be endorsed by the master or a person authorized by the master and by the seafarer. The Committee notes that, as a substantially equivalent measure, the Competent Authority accepts that the records may be in an electronic format, provided that each seafarer: has access to it, can obtain a printed copy, and is able (as well as the Master) to endorse his/her record electronically and the records are in a format recognizably similar to the IMO/ILO format, protected against tampering and available readily to auditors, inspectors and PSC officers. It further notes that Title 2, paragraph 7(f) of the Schedule of the SVG Regulations provides for exceptions to the requirements of subparagraphs (b) and (c) of these Regulations, i.e. hours of rest could be divided into more than two periods in case of emergency or other overriding operational condition, provided that on conclusion of the situation, the seafarer involved receives suitable compensatory rest. The Committee observes that such exception goes beyond the requirement provided for under Standard A2.3, paragraph 14 of the Convention. The cases covered by this provision are provided for by paragraph 7 (j) of the said Regulations. In this respect, the Committee recalls that subject to Standard A2.3, paragraph 14, hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, or that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraph 6). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.3, paragraphs 6 and 14.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that Title 2, paragraph 9(b) and (c) of the Schedule of the SVG Regulations reproduces the requirements set out under this provision of the Convention. However, it observes that sub-paragraph (c) provides that the maximum duration of service on board ship shall not exceed twelve months. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum period of service on board shall be less than 12 months. In this regard, it observes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 3.1 and Standard A3.1, paragraph 6(c), (d), (e). Accommodation and recreational facilities. General requirements. Location of sleeping rooms. The Committee notes that, in relation to possible exceptions with respect to the location of sleeping rooms, the Government refers to Title 3, paragraph 12(g) of the Schedule of the SVG Regulations which concerns the exemptions provided for ships of less than 200 gross tonnage. The Committee observes that Standard A3.1, paragraph 20, allows for the possibility to exempt ships of less than 200 gross tonnage in relation to a limited number of requirements which do not include Standard A3.1, paragraph 6 (c) and (d). Accordingly, the Committee requests the Government to indicate how it ensures that any exemptions granted in application of Title 3, paragraph 12(g) of the Schedule of the SVG Regulations are limited to those permitted by Standard A3.1, paragraph 20.
Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee notes the Government’s reference to Title 4, paragraphs 14 and 16(b) of the Schedule of the SVG Regulations, which are not relevant in the context of the implementation of these provisions of the Convention. The Committee recalls that according to Regulation 4.1 and Standard A4.1, paragraphs 1(b) and 4 (d), every Member shall ensure that seafarers on board ships flying its flag are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise, as well as to maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage. The Committee accordingly requests the Government to indicate the measures giving effect to Regulation 4.1 and Standard A4.1, paragraph 1(b).
Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government’s reference to Title 4, paragraph 14 of the Schedule of the SVG Regulations contains no relevant provisions giving effect to this provision of the Convention. The Committee recalls that Regulation 4.1, paragraph 3, refers to a port or a coastal State obligation and provides that each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee accordingly requests the Government to provide information on how it ensures implementation of this provision of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum Requirements. Medical advice by radio or satellite. The Committee notes the Government’s reference to Title 4, paragraph 15(h) of the Schedule of the SVG Regulations, which concerns the shipowner liability under Standard A4.2.1 and which is not relevant in the context of the implementation of this provision of the Convention. The Committee recalls that Standard A4.1, paragraph 4(d) provides for the adoption of laws and regulations requiring the competent authority to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to provide information on the measures adopted to comply with this requirement of the Convention.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. In this regard, it notes that the additional documentation provided by the Government in 2019 contains a sample financial security certificate. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.
Regulation 4.2, Standard A4.2.2, paragraph 3. Effective arrangements to receive, deal with and impartially settle contractual claims. The Committee notes the Government’s indication that national legislation contains no effective arrangements in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures. The Committee requests the Government to indicate how it ensures compliance with this provision of the Convention.
Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes the Government’s reference to paragraph 16(e) of Title 4 of the Schedule of the SVG Regulations, which provides that every SVG ship shall carry on-board an up-to-date copy of the ILO code of practice entitled Accident prevention on board ship at sea and in port, which may be in paper or electronic format provided that all seafarers have access at any time to its content appropriate to their roles on-board. The Committee also notes that Title 4, paragraph 16(e) of the Schedule of the SVG Regulations provides that the standards and practices required for occupational health, risk analysis, safe working practices and measures to reduce the risk of exposure to harmful levels of ambient factors and chemicals and the risk of injury or disease shall be those set out in the above mentioned ILO Code and such other guidance as the Administration may publish from time to time. The Committee recalls that pursuant to Regulation 4.3, paragraphs 2 and 3, each Member shall, after consultations with representatives of the shipowners’ and seafarers’ organizations, develop and regularly review national guidelines for the management of occupational safety and health on board ships that fly its flag. The Committee accordingly requests the Government to inform how it gives full effect to these provisions of the Convention, to provide any guidance published by the Administration and to report on the consultative processes for the elaboration and review of national guidelines on health and safety protection and accident prevention.
Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Seafarers under the age of 18. The Committee notes that the Government refers to Title 4, paragraph 16 (a), (b), (c) and (d) of the Schedule of the SVG Regulations. However, it observes that these provisions contain no information on the measures taken to protect seafarers under the age of 18. The Committee recalls that, according to Standard A.4.3, paragraph 2(b), laws and regulations and other measures to be adopted by each Member, shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18. The Committee requests the Government to indicate how it ensures compliance with Standard A.4.3, paragraph 2(b).
Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of laws and regulations. The Committee notes the Government’s indication that no information is available on this issue. The Committee accordingly requests the Government to provide, in its next report, updated information on the involvement of shipowners’ and seafarers’ organizations in the regular review of laws and regulations, as required under Standard A4.3, paragraph 3.
Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee notes the Government’s reference to paragraph 16(h) of the SVG Regulations, which deals with the establishment of a safety committee on-board ship. The Committee recalls that pursuant to Standard A4.3, paragraph 8, the competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. The Committee requests the Government to indicate the measures taken to implement this provision of the Convention.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no information is available on this issue. The Committee requests the Government to provide information on the evaluation of needs for seafarers’ welfare facilities in ports in Saint Vincent and the Grenadines, in accordance with the requirements of Standard A4.4, paragraphs 2 and 3. In particular, it requests the Government to indicate whether the possibility of establishing a welfare board has been envisaged with a view to ensuring that welfare facilities and services are appropriate to the needs of seafarers. The Committee also requests the Government to provide information on the system for financing welfare facilities and services.
Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Saint Vincent and the Grenadines: sickness benefit; unemployment benefit; maternity benefit and survivors’ benefit. In this connection, the Committee notes Government’s indication that a draft proposal is being prepared to amend the National Insurance Act, which would allow seafarers who are nationals or ordinary residents to receive social security protection. The proposal is still awaiting formal approval by the Government and no information is available in the time being on the application of Regulation 4.5. Furthermore, the Committee recalls that the Convention requires in particular that all seafarers ordinarily resident in Saint Vincent and the Grenadines are entitled to benefits from social security protection in the three branches specified no less favourable than that enjoyed by shore workers (Regulation 4.5, paragraph 3). The Committee requests the Government to indicate the measures taken to amend the National Insurance Act to ensure that seafarers ordinarily resident in its territory are provided with social security benefits that are no less favourable than those provided to shore workers resident in Saint Vincent and the Grenadines. It further requests the Government to provide a copy of the text once it has been adopted. The Government is also requested to provide information any bilateral or multilateral arrangements in which Saint Vincent and the Grenadines participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).
Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes that the reference made by the Government to Title 5, paragraph 17 of the Schedule of the SVG Regulations regarding the relevant provision implementing its obligation to review the competence and independence of recognized organizations contains no information on the application of this provision of the Convention. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC). Documents on board. The Committee notes the Government’s reference to Title 5, paragraph 18(a) of the Schedule of the SVG Regulations. However, the Committee observes that no requirements under the said paragraph provide that the Maritime Labour Certificate and the DMLC shall be accompanied by an English-language translation where it is not in English and a copy of these documents shall be posted in a conspicuous place on board where it is available to the seafarers. Furthermore, as required under Standard A5.1.3, paragraph 12, a copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives. The Committee therefore requests the Government to indicate how effect is given to this provision of the Convention.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indications that Flag State Inspectors are expected to have at least ten years relevant experience and professional qualifications in Maritime Administration & Management, Naval Architecture or Marine Engineering. It also notes that no measures have been adopted to guarantee that (i) inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences; (ii) the source of any grievance or complaint is treated as confidential; and (iii) compensation is payable for any loss or damage suffered as a result of the wrongful exercise of inspectors’ powers. The Committee requests the Government to indicate how effect is given to Standard A5.1.4, paragraphs 3, 6, 10, 11, 16 and 17.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes that the Government’s report is silent on this issue. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes the Government’s indication that, according to Title 5, paragraph 19 of the Schedule of the SVG Regulations, the recognized organization shall provide an inspection report to the Administration, whether or not the ship is certified. The Committee recalls that one copy of the report shall be furnished to the master of the ship and another copy shall be posted on the ship’s noticeboard for the information of the seafarers and, upon, request sent to their representatives, as required under Standard A5.1.4, paragraph 12. Noting that the Government has provided no information in this respect, the Committee requests the Government to indicate how effect is given to this requirement of the Convention.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaints Procedures. The Committee notes the Government's indication that the competent authority has not developed a model for a fair and expeditious and well-documented on-board complaint procedure for ships that fly Saint Vincent and the Grenadines’ flag. However, it observes that Section 6 of Circular MLC No. 002 provides that it is a mandatory requirement for shipowners to establish on-board procedures for the fair, effective and prompt handling of the seafarers' complaints alleging breaches of the requirements of the Convention and of seafarers' rights in accordance with the national requirements. Furthermore, Title 5, paragraph 19(e) of the Schedule of the SVG Regulations foresees that, in addition to the complaints procedure, every seafarer shall be provided with the name of the person or persons on-board who can, on a confidential basis, provide him with impartial advice on the complaint or otherwise assist him. The Committee notes that, according to paragraph 19(f), the Administration accepts “the identity of a position on-board” as a substantial equivalent to the requirements of paragraph 19(e). The Committee recalls that Title 5, paragraph 2 of the Convention may not be implemented through substantially equivalent provisions. The Committee therefore requests the Government to amend paragraph 19(f) of Title 5 of the SVG Regulations and adopt the necessary measures to be in full compliance with Regulation 5.1.5 and the Code.
Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. The Committee notes that Title 5, paragraph 16(g) of the Schedule of the SVG Regulations provides that all accidents, injuries and diseases occurring on-board any Saint Vincent and the Grenadines ship shall be reported to the Administration at the earliest possible opportunity following the occurrence, in accordance with requirements published by the Administration. It also notes the Government’s indication that the reports on marine causalities are not normally made public. The Committee recalls that, in accordance with Regulation 5.1.6 of the Convention, an official inquiry into any serious casualty shall be held in all cases and that the final report of the inquiry shall normally be made public. Noting that reports on all accidents are communicated to the Administration but not normally made public, the Committee requests the Government to clarify whether reports concerning serious marine casualties are normally made public as required under this provision of the Convention.
[The Government is asked to reply in full to the present comments in 2023.]
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