Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report. It asks the Government to provide further information on the following points.

Article 2, paragraph (b), of the Convention. Please clarify whether the term "seaman" covers those persons on board vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on cruise ships.

Article 3, paragraph 1. Under this provision of the Convention, any seaman, who is landed during the term of his engagement or on its expiration, shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation. The current wording of section 55 of the Merchant Shipping Code raises certain concerns whether full effect is given to Article 3 of the Convention. Section 55 of the Code is silent on who should organize and who should bear the charge of repatriation in cases of discharge for reasons other than those explicitly listed (such as, for example, the termination of labour agreement (contract) by the seafarer or by mutual consent of the parties). Please clarify who shall organize and who shall bear the charge of repatriation in cases of discharge for reasons other than those explicitly indicated in section 55, part 1, of the Merchant Shipping Code.

Article 3, paragraph 2, and Article 5, paragraph 2. Please clarify whether national legislation allows to provide a seaman with suitable employment on board a vessel proceeding to one of the destinations for repatriation prescribed in accordance with paragraph 2 of Article 3. Please also indicate how it is ensured that when a seaman is repatriated as a member of a crew, he is entitled to remuneration for work done during the voyage.

Article 4, paragraph (d). Please indicate how it is ensured that the expenses of repatriation are not a charge on the seaman if he has been left behind by reason of discharge for any cause for which he cannot be held responsible.

Article 6. Please clarify whether Ukrainian consuls have instructions to advance, where necessary, the expenses of repatriation to both national and foreign seaman.

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

Part V of the report form. The Committee asks the Government to provide information on the practical application of the Convention, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

Part VI of the report form. The Committee asks the Government to indicate the representative organizations of employers and workers to which the reports on the application of the Convention have been communicated in accordance with article 23 of the ILO Constitution.