Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Etiopía (Ratificación : 2019)

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Ethiopia at the same time that the Convention. It notes that Ethiopia has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2018 by the International Labour Conference and is therefore not bound by these amendments. 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 refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Ethiopia during the peak of the pandemic.Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s statement that it is still working on the amendments of national related laws and regulations, in particular through the draft Maritime Proclamation, which, if adopted, would give effect to the Convention on a number of aspects. The Committee expects that the relevant measures will be adopted in the near future to give full effect to the provisions of the Convention taking into account the comments presented below. It requests the Government to provide a copy of all new laws and regulations once adopted.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that the DMLC, part I foresees a list of hazardous works, for which the employment of young seafarers is prohibited. The Committee observes however that such list of types of work shall be adopted by laws or regulations, after consultation with shipowners’ and seafarers’ organizations concerned. The Committee accordingly requests the Government to take the necessary measures in the near future to bring its legislation in conformity with Standard A1.1, paragraph 4.

Regulation 1.2 and the Code. Medical Certificate. The Committee notes the Government’s reference to “Marine Guidance Notice on Medical Examinations and Certificates for Seafarers” n°4-2015, which addresses in detail various aspects related to implementation of Regulation 1.2 andthe Code. Considering however the non-mandatory nature of the marine notices, the Committee requests the Government to indicate the measures taken to adopt mandatory provisions giving full effect to these requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s indication that, according to the draft Maritime Proclamation article 56, sub-article 7, any seafarer shall be given a document containing a record of his/her employment on board a ship. The Committee however has not identified this provision in the new version of the draft Maritime Proclamation made available to the Committee. The Committee recalls that each Member shall adopt laws or regulations requiring that seafarers on board ships that fly its flag shall be given a document containing a record of their employment on board the ship, which shall not contain any statement as to the quality of the seafarer’s work or as to their wages. The Committee accordingly requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.2 and Standard A2.2, paragraph 6. Wages. Deductions. With regard to possible deductions from the seafarer’s remuneration, the Committee notes that section 59 of the draft Maritime Proclamation stipulates that the total amount of deductions authorized in such section, shall under no circumstance exceed 50 per cent of the seafarer’s basic wage, except with regards to letter (c) of this section dealing with child support payments ruled and ordered by legal proceedings or competent court. In this regard, the Committee recalls that under Article 7 of the UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, ratified by Ethiopia, “The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: … (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; …”. On the same lines, paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85) provides that all necessary measures should be taken to limit deductions from wages to the extent deemed to be necessary to safeguard the maintenance of the worker and his family. Noting that section 59 of the draft Maritime Proclamation allows a maximum of 50 per cent wage deduction without taking into account the deductions for child support payment, the Committee encourages the Government to review the above-mentioned provision to ensure that seafarers should not be deprived of a basic minimum income needed for maintaining a decent living for themselves and their families. The Committee requests the Government to provide information in this regard.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On-call Work. The Committee notes articles 63 and 64 of the draft Maritime Proclamation dealing with hours of rest of seafarers. The Committee has not identified provisions regarding adequate compensatory rest period for seafarers on call as per Standard A2.3, paragraph 8. The Committee accordingly requests the Government to indicate how it implements this requirement of the Convention.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s reference to article 70 of the draft Maritime Proclamation, according to which shore leave granted to seafarer during the employment agreement is a justified work absence. The Committee however has not identified provisions establishing an obligation for shipowners to grant shore leave to seafarers. The Committee recalls in this respect that each seafarer shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their position. The Committee accordingly requests the Government to indicate how it implements Regulation 2.4, paragraph 2.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s reference to article 90 of the Draft Maritime Proclamation which provides that the Authority shall have national strategies to promote employment in the maritime sector and to encourage career and skill development. This article, however, does not appear to be included anymore in the more recent version of the Draft Maritime Proclamation. The Committee further notes that the Government refers to the Draft Blue Economy strategy developed to create opportunities for seafarers without providing the text. The Committee observes that the Government has not provided information on whether relevant national policies have been adopted to encourage the career and skill development for seafarers that are domiciled in Ethiopia. The Committee accordingly requests the Government to indicate any measures taken or envisaged in this regard.

Regulation 3.1 and Standard A3.1, paragraphs 6 to 17. Accommodation and recreational facilities. General requirements. The Committee notes the Government’s reference to article 81 of the Draft Maritime Proclamation, according to which every ship shall have accommodations and recreational facilities that are safe and decent for seafarer who work or live on board, as per the guidelines to be issued by the Authority in line with the Labour Conventions. Noting that the Draft Maritime Proclamation does not appear to contain provisions regulating accommodation as per requirements of Standard A3.1, paragraphs 6-17, the Committee requests the Government to indicate any measures taken or envisaged in this regard and to provide copy of the relevant texts, including the above-mentioned guidelines, once adopted.

Regulation 3.2 and Standard A3.2, paragraphs 2(c) and 4. Food and catering. Training. The Committee notes the Government’s reference to article 86 of the Draft Maritime Proclamation, according to which shipowners shall guarantee that every seafarer employed as a cook onboard a ship is trained, and has the qualifications and competences required to perform this duty. The Committee however has not identified provisions transposing the requirements of Standard A3.2, paragraph 2(c) (catering staff to be properly trained) and paragraph 4 (requirement of completion of a training course approved or recognized by the competent authority). The Committee accordingly requests the Government to indicate how it ensures that full effect is given to the requirements of Standard A3.2, paragraphs 2(c) and 4.

Regulation 4.1 and Standard A4.1, paragraphs 3 and 4. Medical care on board and ashore. On-board hospital and medical facilities. The Committee notes the provisions of article 89 of the Draft Maritime Proclamation requiring any ship with Ethiopian registration to carry onboard a first-aid-kit, medical equipment and a medical guide, with the specifications to be issued by the Authority as per the Labour Convention. The Committee however has not identified provisions establishing requirements as to on-board hospital and medical care facilities. The Committee accordingly requests the Government to adopt the necessary laws and regulations to give full effect to Standard A4.1, paragraph 3.

Regulation 4.2 and Standards A4.2.1 and 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 meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) was the form taken by the system of financial security determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) does national legislation provide that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (c) 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 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.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes the Government’s reference to article 95, paragraph 1 e) of the Draft Maritime Proclamation, according to which shipowners are under the obligation to report the occurrence of any work accident to the Authority, as well as any injuries and occupational illnesses in a proper manner, taking into consideration the guidelines provided for by the ILO regarding notification and recording of occupational accidents and occupational illnesses. The Committee however has not identified provisions addressing requirements of Standard A4.3, paragraph 5(b) and (c) (comprehensive statistics and investigation of occupational accidents) as well as Standard A4.3, paragraph 6 (protection of seafarers’ personal data). The Committee accordingly requests the Government to take the necessary measures to give full effect to the requirements of Standard A4.3, paragraphs 5 (b), (c) and 6.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5(2) and (10), the Government has specified the following branches of social security: medical care; employment injury benefit and maternity benefit. The Committee further notes the Government’s statement that no measures are in place to provide social security protection in the above-mentioned branches to seafarers ordinarily resident in Ethiopia and their dependants. Observing that Ethiopia has an important number of seafarers, the Committee requests the Government to take all the necessary measures to give full effect to the requirements of Regulation 4.5 and Standard A4.5.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s reference to the Ethiopian Maritime Affairs Authority Operation Procedure Manual MWP – 15 as well as to Marine Notices n°13/2016 and No. 15/2017 in several matters related to Flag State obligations. However, these documents have not been provided with the report. The Committee accordingly requests the Government to provide a copy of the Ethiopian Maritime Affairs Authority Operation Procedure Manual MWP - 15 as well as of Marine Notices n°13/2016 and No.15/2017 for its review.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Investigation and remedy.Confidentiality of sources of grievances or complaints. Authority and impartiality. Noting thatno information on the requirements of Standard A5.1.4, paragraphs 5, 10 and 11 has been provided within the report, the Committee requests the Government to provide the relevant information in this regard (Standard A5.1.4, paragraphs 5, 10 and 11(b)).

Regulation 5.1.4 and Standard A5.1.4, paragraph 17. Flag State responsibilities. Adequate penalties and other corrective measures. Noting that the Government has not provided information related to the adequate penalties and other corrective measures for breaches of the requirements of the Convention (including seafarers’ rights) and for obstructing inspectors in the performance of their duties as required under Standard A5.1.4, paragraph 17, the Committee accordingly requests the Government to provide a copy of relevant texts foreseeing such penalties and corrective measures (Standard A5.1.4, paragraph 17).