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Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention du travail maritime, 2006 (MLC, 2006) - Indonésie (Ratification: 2017)

Autre commentaire sur C186

Demande directe
  1. 2023
  2. 2020

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The Committee notes the Government’s second 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 2018 entered into force for Indonesia on 26 December 2020 respectively.
Impact of the COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that the Ministry of Transportation has taken concrete steps in facing the complex challenges caused by the COVID-19 pandemic to ensure the continuity of ship and port operations, as well as protect seafarers’ rights. Among the measures taken, the Government refers to Circular Letter of the Director General of Transportation No. 43/2020 supporting the continuity of the movement of goods and people in terms of replacing ship crew and port services at 11 port locations, Circular Letter (SE) No. 11 of 2020 regarding the extension of maritime documents, designating seafarers as Key Workers, and the issuance of several Circular Letters related to Seafarer Document Certification Procedures, and ship crew Changes and repatriation procedures. The Committee takes note of this information.
Article I of the Convention. General questions on application. Implementing measures. In reply to its previous comments, the Committee notes the Government’s indication that it took effective steps to implement the MLC, 2006, to protect the rights of workers in the maritime sector, through the adoption of an important number of Regulations. The Committee welcomes the adoption of these Regulations and draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention. With respect more specifically to Minister of Transportation Regulation (PM) No. 58 of 2021 concerning Maritime Labour Convention Certification, the Committee observes that it regulates requirements with respect to the issuance of MLC Certificates for ships of 500 gross tonnage and above, but also establishes standards implementing other MLC, 2006, provisions, such as minimum age, hours of rest and hours or work, leave, accommodation, and medical care. Given that this text is only available in Indonesian, it is unclear whether the whole scope is limited to ships of 500GT and above or whether only the provisions regarding the issuance of MLC certificates are limited to ships of 500GT and above. Recalling that, besides the provisions of Regulation 5.1.3 and the Code which can be limited to ships of 500 gross tonnage or more, the Convention applies to all ships regardless of tonnage, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all ships within the meaning of the Convention, clarifying whether all the provisions of Transportation Regulation (PM) No. 58 of 2021are limited to ships of 500 gross tonnage or more.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee requested the Government to clarify whether masters and cadets are regarded as seafarers and enjoy the protection provided by the Convention. The Committee notes the Government’s indication that it recognizes the Master’s status as part of the seafarers who fall under the protection of the MLC, 2006, and refers to a number of legislative provisions which confirm this understanding. The Committee further observes that article 1, paragraph 1 of Minister of Transportation Regulation No. 58 of 2021 provides that “seafarer is any person who has qualified expertise or skills as a ships’ crew member”. The Committee recalls that, in accordance with Article II, paragraphs 1(f) and 2, of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies and that, except as expressly provided otherwise, the Convention applies to all seafarers, including seafarers who perform tasks on board without being members of the ship’s crew. The Committee requests the Government to indicate whether and how the provisions of the said Regulation apply to seafarers who are not members of the ship’s crew, such as hotel and catering personnel. Noting that the Government has not provided more detailed information on the status of cadets or apprentices, the Committee requests the Government to indicate how its national provisions ensure that cadets or apprentices are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention.
Article VII. Consultations. The Committee notes, in reply to its previous request, the Government’s indication that it always consults with representatives of shipowners and seafarers’ associations in implementing the MLC, 2006, and formulating national provisions, including Minister of Transportation Regulation No. 58 of 2021. The Committee takes note of this information.
Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee notes that, in response to its previous request, the Government indicates that the prohibition of night work for young seafarers is implemented by article 27 of Government Regulation No. 58 of 2021 which provides that young seafarers are prohibited from carrying out night guard duty starting from 9 p.m. until 6 a.m. local time. Referring to its comments under Article I of the Convention, the Committee requests the Government to clarify whether the prohibition of night work of seafarers under the age of 18 apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in response to its previous request, the Government indicates that Decision No. KEP. 235/MEN/2003 of 31 October 2003, concerning jobs that jeopardize the health, safety or morals of children is of general nature and lists the types of work that entail certain elements of danger, such as work on board ships. The Government indicates that, while the minimum age to work on board a ship is 18, there are however exceptions where seafarers aged 16 years are allowed to work on ships in the context of education or training, such as Vocational School students or cadets in shipping and maritime affairs, subject to binding conditions. The Government indicates that to date, there have been no reports of crew members or cadets under the age of 18. The Committee additionally observes that article 27(3) of Government Regulation No. 58 of 2021 provides a list of hazardous types of work specific to the maritime sector prohibited for seafarers under the age of 18. Referring to its comments under Article I of the Convention, the Committee requests the Government to clarify whether article 27 (3) of the said Regulation apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 1.2 and the Code. Medical Certificate. The Committee requested the Government to indicate how it gives effect to the requirements with regard to the period of validity for a certificate of colour vision (Standard A1.2, paragraph 7(b)) and the permission for seafarers to work without a valid medical certificate in urgent cases (Standard A1.2, paragraph 8). The Committee notes that the Government refers to the Minister of Transport Regulation No. PM 40 of 2019 on seafarers’ health examinations, ship safety support personnel, and ship work which prescribes in detail the medical examination and certificate requirements. The Government indicates that while the validity period of colour vision certificates is not specifically determined, article 21(1) prescribes that medical certificates have a validity period of 2 years for seafarers and of 1 year for young seafarers between the ages of 16 and 18, and that the medical examination undertaken in order to get such a certificate includes vision. The Committee observes that the national provisions do not seem to give effect to the possibility set out under Standard A1.2, paragraph 8 for the competent authority to permit, in urgent cases, a seafarer to work without a valid medical certificate. The Committee takes note of this information.
Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee requested the Government to provide information on how it gives effect to the requirements of Standard A1.4, paragraph 5(c)(vi) for seafarers placed on Indonesian vessels. The Committee notes that Regulation 84 of 2013 on recruitment and placement was revoked and replaced by Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses Related to Transportation in Waters. The Committee further observes that, in accordance with article 103 of such Regulation, recruitment and placement services are required to defray payment for late payment of wages, bonuses, etc. according to the contents of the SEA signed by the parties. Article 114 stipulates that such services are obliged to ensure financial guarantee for unpaid salary payments and/or returning seafarers to their place of origin. The Committee notes that placement and recruitment services may be subject to sanctions and have their license revoked in case of they do not meet their obligations. The Committee notes with interest that Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 contains the necessary guarantees to comply with the requirement of Standard A1.4, paragraph 5(c)(vi). The Committee takes note of this information which addresses its previous request.
Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication, in reply to its previous comment, that Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters imposes an oversight of how shipowners who use seafarer recruitment and placement services based in countries in which the Convention might not apply, ensure, as far as practicable, that those services meet the obligations of the Convention. The Committee takes note of this information, which addresses its previous request.
Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that article 108(2) of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters provides that the seafarers’ employment agreement (SEA) must be signed by the seafarer and the owner or ship operator or ship crew agent and acknowledged by the Director General or Harbour Master. The Committee also notes that the copy of a SEA provided by the Government is made between the seafarer and a company, on behalf of another company, and signed by the director, and does not provide concrete information on the identity of the shipowner and whether any signatory of the SEA other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner. The Committee observes, in this connection, that it is not clear who is the responsible party for seafarers’ living and working conditions. The Committee recalls that, in accordance with Standard A2.1, paragraph 1(a), the SEA is to be signed by or on behalf of the shipowner who is responsible for ensuring compliance with all the requirements of the Convention relating to the working and living conditions of the seafarers and who, by such signature, becomes legally responsible vis-à-vis the seafarer for compliance with all those requirements, whether or not the shipowner is considered to be the employer of the seafarer. The Committee requests the Government to clarify who are the parties of the seafarers’ employment agreement and to take the necessary measures to ensure that the shipowner is legally responsible vis-à-vis the seafarer for all the requirements of the Convention relating to the working and living conditions of the seafarers, as required under Standard A2.1, paragraph 1(a).
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes that, in response to its previous request, the Government indicates that information regarding wages and quality of work are not stated in the seafarer’s book documents. The Committee observes, however that the form of the document, the particulars to be recorded and the manner in which such particulars are to be entered, including the requirement that this document shall not contain any statement as to the quality of the seafarer’s work, or as to their wages do not seem to be determined by national laws or regulations as required under Standard A2.1, paragraph 3. The Committee requests the Government to indicate how effect is given to this requirement and to supply an example of the approved document for seafarers’ record of employment.
Regulation 2.1 and Standard A2.1, paragraph 4(c). Seafarers’ employment agreements. Content. The Committee requested the Government to indicate the measures taken to ensure that the place where and date when the SEA is entered into are included in a SEA, as required under Standard A2.1, paragraph 4(c). The Committee notes the Government’s indication article 107 of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters gives effect to this requirement. The Committee observes that the place where the SEA is entered into is not reflected in the standard form of a SEA submitted by the Government. The Committee takes note of this information and requests the Government to ensure that the place where the SEA is entered into is also reflected in the standard form of a SEA.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that, in response to its previous request, the Government indicates that the Indonesian legislation does not impose minimum notice requirements for termination of SEAs and that it must determine steps and future efforts in this regard. While observing that the standard form of a SEA provided by the Government provides for a minimum notice period of 30 days by either party, the Committee once again, requests the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons”, as stated in paragraph 6 of this Standard.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee notes that articles 107 and 115 of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters and article 47 of Government Regulation No. 58 of 2021 refer to compensation in case of captivity as a result of acts of piracy or armed robbery against ships until the day the seafarer is released, without however specifying that the SEA shall continue to have effect during that time and that wages and other entitlements under the SEA shall continue to be paid during the entire period of captivity. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes that, in response to its previous request, the Government indicates that provisions regarding wages and exchange rates using the Bank Indonesia (BI) rate are regulated by article 45 of Minister of Transportation Regulation No. 58 of 2021. The Committee however observes that article 45 does not refer to the right to transmit all or part of their earnings to their families or dependents or legal beneficiaries and while the standard form of a SEA provided by the Government refers to this right, there is no indication as to the basis for determining the reasonable charge, if any is made, by shipowners for transmission services and any relevant exchange rate. Recalling that Standard A2.2, paragraphs 3-5 provide for a number of requirements for wage remittances (e.g. allotments should be remitted in due time to the person nominated, any charge must be reasonable and the rate of currency exchange not unfavourable to the seafarer), the Committee requests the Government to indicate the measures taken to give full effect to these provisions of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that article 24(1) of Minister of Transportation Regulation No. 58 of 2021 provides that the normal working hours’ standard is based on an eight-hour day with one day of rest per week and rest on public holidays. The Committee however observes that the extract of the CBA provided by the Government indicates that the normal working hours’ standard does not apply to the master and the chief engineer. The Committee accordingly requests the Government to indicate how it ensures that the normal working hours provided under Standard A2.3, paragraph 3 apply to all seafarers, including the master and chief engineer. Referring to its comments under Article I of the Convention, the Committee further requests the Government to clarify whether article 24(1) of the said Regulation apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 2.3 and Standard A2.3, paragraph 5. Hours of work and hours of rest. Limits. The Committee notes that, in response to its previous request, the Government indicates that article 24 of Minister of Transportation Regulation No. 58 of 2021 as well as article 17 of Government Regulation (PP) No. 22 of 2022 concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews regulate both maximum limits on working hours and minimum limits on rest hours for seafarers. The Committee also notes these two pieces of legislation seem to coexist with Government Regulation (PP) No. 7 of 2000 on Seamanship, which stipulates under article 21 that each crew member must be given at least 10 hours of rest in a 24-hour period, which implies that within a period of 7 working days, rest time for seafarers will cumulatively reach a minimum of 70 hours, which is below the minimum of 77 hours of rest in any seven-day period provided under the Convention. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention. Noting that the legislation does not seem to guarantee a minimum of 77 hours of rest in any seven-day period, the Committee requests the Government to indicate the measures taken to fully comply with Standard A2.3, paragraph 5. Referring to its comments under Article I of the Convention, the Committee also requests the Government to indicate the measures taken or envisaged to ensure that the limits established apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that, in response to its previous request, the Government indicates that article 24(5) of Minister of Transportation Regulation No. 58 of 2021 provides that record of daily working hours of the crew containing shipboard working arrangements must be posted in a place which is easily accessible and made in Indonesian and English. The Committee recalls that, according to Standard A2.3, paragraph 12, the seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarer. The Committee requests the Government to indicate the measures taken to comply with this requirement of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that, in response to its previous request, the Government indicates that article 25 of Minister of Transportation Regulation No. 58 of 2021 provides that emergency drills may not reduce hours of rest and that article 26 regulates compensatory rest periods that must be given to seafarers on call, such as when a machinery space is unattended, if the normal period of rest is disturbed by call-outs to work. The Government, however, indicates that article 21(4) of Government Regulation (PP) No. 7 of 2000 on Seamanship provides that the minimum rest periods do not apply in case of emergency and that this article is intended to provide flexibility in emergency situations that require a quick reaction. The Government states that this does not mean that seafarers are given inadequate rest under the circumstances. While noting this information, the Committee observes that article 21(4) of Government Regulation (PP) No. 7 of 2000 on Seamanship is not in compliance with the requirement of Standard A2.3, paragraph 14, that, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore reiterates its request to the Government to adopt the necessary measures to ensure the application of this requirement of the Convention.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s reference, in reply to its previous comment, to article 19(2) of Government Regulation (PP) No. 22 of 2022 concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews and article 28 of Minister of Transportation Regulation No. 58 of 2021, which, however, do not address the issue of shore leave. The Committee accordingly requests the Government to adopt the necessary measures to give effect to Regulation 2.4, paragraph 2.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes that, in response to its previous request, the Government indicates that article 28 of Minister of Transportation Regulation No. 58 of 2021 provides that seafarers are entitled to annual leave after half of the contract period stipulated in the SEA, calculated on the basis of 2.5 calendar days per working month. The Committee notes that, under this provision, seafarers who work less than half of the contract period are not entitled to annual leave. The Committee recalls, in this regard, that according to Guideline B2.4.1, paragraph 3, for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis. The Committee accordingly requests the Government to indicate how it has given due consideration to Guideline B2.4.1, paragraph 3, in implementing its obligations concerning annual leave in order to ensure that seafarers who work less than half of the contract period stipulated in the SEA are given paid annual leave on a pro-rata basis. Referring to its comments under Article I of the Convention, the Committee also requests the Government to clarify whether article 28 of the said Regulation apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. Exceptions. Referring to its previous comments, the Committee notes the Government’s indication that, while article 24(2) of Government Regulation No. 7 of 2000 on Seamanship allows, at the request of the sea transport entrepreneur, for a seafarer to have his annual leave entitlement replaced by pay, such agreements are limited and require approval from the seafarer. In this regard, the Committee observes that the Government has not indicated on what grounds the Ministry of Transportation authorizes the possibility set out under article 24(2) of Government Regulation No. 7 of 2000 on Seamanship to forgo the right to minimum paid annual leave. The Committee requests the Government to indicate the measures taken to ensure that no agreement is authorized to forgo the right to minimum paid annual leave, except in cases envisaged by the competent authority, and on a restrictive basis, and to provide information of the ground for such authorizations when granted.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that, in response to its previous request, the Government indicates that the right to repatriation of seafarers is regulated in Minister of Transportation Regulation No. 58 of 2021 and Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters and will be reviewed at the stage of approval of SEA and CBA by the Administration (Directorate General of Transportation). The Committee observes that these national provisions do not specify the various circumstances under which a seafarer is entitled to repatriation as foreseen in Standard A2.5.1, paragraphs 1 and 2(a). While noting the Government’s indication that the Declaration of Maritime Labour Compliance (hereafter, DMLC), Part I, attached to Ministerial Regulation No. 58 of 2021 stipulates that seafarers are entitled to repatriation in the specific circumstances foreseen in Standard A2.5.1, paragraphs 1 and 2(a), the Committee draws the Government’s attention to the fact that ships below 500 gross tonnage which are not subject to certification of maritime labour conditions are not required to carry such document unless requested on a voluntary basis. The Committee accordingly requests the Government to take the necessary measures to ensure that there are appropriate provisions in its laws and regulations or other measures, or in collective bargaining agreements prescribing the specific circumstances in which seafarers are entitled to repatriation in accordance with Standard A2.5.1, paragraphs 1 and 2(a).
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee observes that the standard form of a SEA submitted by the Government provides that the shipowner is entitled to demand the seafarer to pay expenses of repatriation (but not more than 50 per cent of the cost if the seafarer has worked on board for six months or more), in the following circumstances: (i) where the seafarer has left the vessel at his/her discretion without a justifiable reason, (ii) where the seafarer has been discharged from the vessel by disciplinary punishment, or (iii) in case of falling under one of the reasons stipulated in the CBA. The Committee observes that there is no indication as to what circumstances would not be considered a “justifiable reason” under the SEA to leave the vessel and what other “reasons” stipulated in collective bargaining agreements could justify that the shipowner has the right to recover the repatriation costs. In this regard, the Committee recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from recovering the cost of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations, other measures, or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. It emphasizes that, when disciplinary offenses qualify as “serious default of seafarers’ employment obligations” under Standard A2.5.1, paragraph 3, the shipowner shall pay for repatriation in first instance and may recover the cost of repatriation from the seafarer’s wages or other entitlements, after the “seafarer has been found” in such a serious default. In light of the above, the Committee requests the Government to take the necessary measures to ensure that the shipowner can only recover the cost of the repatriation when the seafarer has been found to be in serious default of the employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements.
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. Referring to its previous comments, the Committee notes the Government’s indication that, in accordance with article 107(2) of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses Related to Transportation in Waters, SEAs shall provide that the maximum duration of onboard service shall be less than 12 months including 1 month of leave. The Committee also observes that the standard form of a SEA provided by the Government stipulates that the maximum period a seafarer can be expected to serve onboard before being entitled to repatriation at the shipowner’s expense is 6 months for an officer, and 8 months for a rating. The Committee takes note of this information, which addresses its previous request.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that, in response to its previous request, the Government indicates that article 26 of Government Regulation No. 7 of 2000 on Seamanship does not specifically regulate the mode of transportation for repatriation but provides that, on expiration of their contracts, seafarers are to be repatriated either to their domicile or to the place where the SEA was entered into. The Government further indicates that in addition to the main regulations, more detailed arrangements regarding the mode of transportation for returning and repatriation of seafarers can be regulated through technical guidelines (Juknis), which will detail the practical aspects of repatriation in accordance with the provisions of the MLC, 2006. The Committee requests the Government to provide information on the progress made towards the adoption of these technical guidelines prescribing the precise entitlements to be accorded by shipowners for repatriation in accordance with Standard A2.5.1, paragraph 2(c) and giving due consideration to Guideline B2.5.1.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2. The Committee notes the Government’s indication that the requirements of the Convention with respect to financial security to be provided by ships flying its flag to ensure that seafarers are repatriated are implemented by article 95(1) and 114 of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters and article 46 of Minister of Transportation Regulation No. 58 of 2021. The Committee observes that the Government has provided a copy of a certificate of insurance in respect of seafarer financial repatriation costs and liabilities, as required under Regulation 2.5. While noting this information, the Committee observes that national legislation does not seem to specify the conditions under which a seafarer is considered to have been abandoned. The Committee therefore requests the Government to take the necessary measures to ensure that the seafarers receive the assistance provided under the financial security system in all circumstances provided for by Standard A2.5.2, paragraph 2, and until arrival at home, as required by Standard A2.5.2, paragraphs 9 and 10.
Regulation 2.7 and the Code. Manning levels. Referring to its previous comments, the Committee notes the Government’s indication that article 29 of Minister of Transportation Regulation No. 58 of 2021 gives effect to the requirement that ships are manned with sufficient personnel for safe, efficient, and secure ship operations as stipulated in Regulation 2.7. The Government further indicates that article 36 of the same Regulation and article 99 of Regulation of the Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters take into account, when determining manning levels, the requirements concerning food and catering within Regulation 3.2 and Standard A3.2. The Committee notes that the Government has provided an example of a safe manning document. The Committee takes note of this information, which addresses its previous request.
Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that, in response to its previous request, the Government refers to several national provisions that contribute to the efforts made towards implementing career and skills development as well as job opportunities for seafarers. The Government refers in particular to article 266 of Law No. 17 of 2008 on Shipping and Regulation No. 68 of 2022 concerning Revitalization of Vocational Education and Vocational Training. The Committee takes note of this information, which addresses its previous request.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, in response to its previous request, the Government indicates that articles 30 to 38 of Minister of Transportation regulation No. 58 of 2021 give effect the requirements of the Convention regarding accommodation and recreational facilities. The Committee observes that article 38 provides that the Director General after consultation with the association National Shipowners and Seafarers associations can provide exceptions to oversight of room size, facilities sanitation, and dining room. The Committee recalls that Standard A3.1 applies to all ships and that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to confirm whether these exceptions to which article 38 refers are those expressly provided for under articles 31 and 35 with respect to ships of less than 3000 gross tonnage. The Committee further requests the Government to provide information on the implementation of Standard A3.1, paragraph 19 (variations of accommodation standards for differing religious and social practices), as well as to indicate whether any exemptions for ships of less than 200 gross tonnage have been granted pursuant to Standard A3.1, paragraphs 20 and 21 of the Convention.
Regulation 4.1 and the Code. Medical care on board and ashore. Referring to its previous comments, the Committee notes the Government’s indication that the provisions related to medical care are implemented by articles 41 to 43 of Minister of Transportation Regulation No. 58 of 2021 and article 112 of Minister of Transportation of the Republic of Indonesia No. PM 59/2021 concerning the Implementation of Service Businesses related to Transportation in Waters. The Committee takes note of this information, which addresses its previous request.
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 notes that article 41(3)(b) of Minister of Transportation Regulation No. 58 of 2021 provides that shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. The Committee observes however that these provisions are insufficient to apply the detailed provisions of Standards A4.2.1, paragraphs 8 to 14 and A4.2.2. The Committee accordingly requests the Government to take the necessary steps to give effect to these provisions of the Convention.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. Referring to its previous comments, the Committee notes that articles 39 to 41 of Minister of Transportation Regulation No. 58 of 2021 give effect to the requirements of the Convention with respect to health and safety protection and prevention of accident on board ships. Referring to its comments under Article I of the Convention, the Committee requests the Government to clarify whether articles 39 to 41 of the said Regulation apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that, in response to its previous request, the Government indicates that it is aware of the importance of facilitating the welfare of ship crew in the port area and currently, there are welfare facilities managed by the manning agency, which is the legal umbrella that regulates facilities in the workplace, under the Manpower Law. The Committee however observes that the Government has not provided information with respect to existing welfare facilities, nor whether welfare boards have been established for regularly reviewing welfare facilities and services. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on all measures adopted in the future to give full effect to the provisions of Regulation 4.4 of the Convention.
Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. Noting that the branches specified at the time of ratification, in accordance with Standard A4.5, paragraphs 2 and 10, are not consistent with the three minimum branches that should be included in accordance with Guideline B4.5, paragraph 1, the Committee requested the Government to indicate the manner in which due consideration has been given to this provision. The Committee notes that the Government reaffirms that the three minimum branches for which it provides protection are old-age benefit; employment injury benefit and invalidity benefit. The Committee observes that article 18 of Law No. 40 of 2004 on national social security system provides that employees in Indonesia are also entitled to “health security” benefits. Recalling that ratifying Members shall take steps to provide social security protection to all seafarers ordinarily resident in its territory which shall be no less favourable than that enjoyed by shoreworkers resident in their territory, the Committee requests the Government to provide information on any developments regarding extension to other social security branches.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, in response to its previous request, the Government indicates that a number of national provisions have been adopted to give effect to social security protection, including Government Regulation No. 44 of 2015 concerning Implementation of Work Accident Insurance and Death Insurance Programs and Government Regulation No. 46 of 2015 concerning Implementation of the Old Age Security Program which provide details on the applicable social benefits. The Committee further notes the Government’s indication that seafarers ordinarily resident in Indonesia working on ships operating under the flag of another country are also provided with social security protection, based on a number of national provisions such as articles 4, 6, 15, 17, 18 and 19 of Government Regulation No. 22 of 2022 concerning the Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews under which Indonesian migrant workers working on foreign-flagged ships placed by recruitment and placement services shall be provided with social security protection, as well as Minister of Manpower Regulation 4 of 2023 concerning Social Security for Indonesian Migrant Workers. The Committee observes that the Government has not indicated how it is ensured that all seafarers ordinarily resident in its territory, including those with contracts of less than 6 months and, to the extent provided by national legislation, their dependants, are entitled to benefits from social security protection in the branches specified, no less favourable than those enjoyed by shoreworkers resident in its territory. Therefore, the Committee reiterates its previous request.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee previously requested the Government to specify how it gives effect to the different requirements of Standard A5.1.2. The Committee notes the Government’s indication that the recognized organizations for inspection and certification are DPKP (Seafaring Skills Testing Council) with respect to crew members and BKI (Indonesian Classification Bureau) for ships. The Committee takes note of this information.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 2–4. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Intermediate inspection. Renewal of Maritime Labour Certificate. The Committee notes that, in response to its previous request, the Government indicates that article 7 of Minister of Transportation Regulation No. 58 of 2021 concerning the Maritime Labour Convention Certification gives effect to the requirements regarding the intermediate inspection (Standard A5.1.3, paragraph 2) and articles 14 and 15 of the same Regulation give effect to the requirements with respect to the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4). The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that, in response to its previous request, the Government provides references to the implementing legislation for each of the 16 matters to be inspected. While noting this information, the Committee observes that the DMLC, Part I annexed to Minister of Transportation Regulation No. 58 of 2021 concerning the Maritime Labour Convention Certification, while identifying the national requirements, still does not refer to the relevant national legal provisions. The Committee once again requests the Government to consider amending the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and concise information on the main content of the national requirements. Furthermore, noting thatthe Government has not provided one or more examples of the DMLC, part II, duly approved by the competent authority, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), the Committee reiterates its previous request.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee requested the Government to specify how it gives effect to the requirements of Standard A5.1.3, paragraph 12 that a current valid maritime labour certificate and declaration of maritime labour compliance, accompanied by an English-language translation where it is not in English, shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. Noting that Minister of Transportation Regulation No. 58 of 2021 concerning the Maritime Labour Convention Certification does not provide for this requirement and thatthe Government does not indicate the national provisions adopted to give effect to this requirement of the Convention, the Committee reiterates its previous request.
Regulation 5.1.3 and Standard A5.1.3, paragraph 14. Flag State responsibilities. End of validity of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. Referring to its previous comments, the Committee notes the Government’s indication that article 58 of Minister of Transportation Regulation No. 58 of 2021 provides for the various circumstances under which a maritime labour certificate shall cease to be valid, as provided for by Standard A5.3.1, paragraph 14. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that, in response to its previous request, the Government indicates that joint inspections between the marine inspector (Ministry of Transportation) and the labour inspector (Ministry of Manpower) are not yet implemented optimally and that currently flag State inspectors from the Ministry of Transportation carry out MLC, 2006, inspections in accordance with Minister of Transportation Regulation No. 58 of 2021. The Committee observes however that this Regulation does not give effect to the detailed requirements of Regulation 5.1.4 and the Code and that Government Regulation No. 31 of 2021 concerning the Implementation of the Shipping Sector gives effect to some of the general requirements. Accordingly, the Committee requests the Government to adopt the necessary measures to fully implement the Regulation 5.1.4 and the Code. Recalling also that pursuant to Regulation 5.1.4 and Standard A5.1.4, all ships covered by the Convention, including those of less than 500 gross tonnage, are subject to inspection for compliance with all relevant national requirements implementing the MLC, 2006, and have to be inspected at least every three years. The Committee requests the Government to clarify how ships of less than 500 gross tonnage are inspected for compliance with the requirements of the Convention.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. Referring to its previous comments, the Committee welcomes the Government’s indication that article 44 of Minister of Transportation Regulation No. 58 of 2021 implements the requirements of Standard A5.1.5. The Committee observes that the Government has also provided a copy of a crew complaint form with information on on-board complaint procedures. Referring to its comments under Article I of the Convention, the Committee requests the Government to clarify whether article 44 of the said Regulation apply to all ships and not just to those of 500 gross tonnage and above.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that, in response to its previous request, the Government indicates that Minister of Transportation Regulation No. PM 119 of 2017 concerning checking the seaworthiness and safety of foreign ships refers to Law No. 15 of 2016 concerning Ratification of the MLC, 2006, and provides under article 6(3)(c) that inspections are carried out to ensure conformity between the information stated in the certificate and the ship documents with respect to the welfare of the ship’s crew. The Committee further notes that articles 4(4) and 25 of that same Regulation implement the requirements of the Convention with respect to onshore complaint-handling procedures. The Committee takes note of this information, which addresses its previous request.
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