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

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

Autre commentaire sur C186

Observation

2023

Demande directe

2023
2022
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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018 entered into force for Liberia on 26 December 2020.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that limited progress has been made by the Government regarding several issues of compliance previously raised. The Committee accordingly requests the Government to adopt the necessary measures without delay to fully implement the provisions of the Convention,taking into account the points raised below.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. 1. Legislative amendments. The Committee requested the Government: (i) to ensure that guest entertainers who regularly work on board are not excluded from the definition of seafarers; and (ii) in relation to the proposed amendment of section 320 of Liberian Maritime Law (RLM-107) providing for categories of persons who are not deemed to be seafarers, to ensure that any person who is employed or engaged or works in any capacity on board a ship is covered by the Convention. The Committee notes the Government’s indication that it remains committed to the amendments indicated and will share their texts once they are adopted. The Committee accordingly requests the Government to adopt the necessary measures to comply with these provisions of the Convention and to provide a copy of the relevant texts once adopted.

2. Cadets. The Committee notes that, in reply to its previous request, the Government’s states that it remains committed to the appropriate protection and safety of cadets, while enabling their speedy transition to a full seafarer status, including the implementation of the provisions related to wages. It further indicates that it will communicate any significant information in this regard, including in relation to the eventual adoption of substantially equivalent measures for cadets. Noting the absence of progress on this issue, the Committee requests the Government to adopt the necessary measures without delay in order to ensure that cadets, trainees and operations assistants are regarded as seafarers and that they enjoy the protection provided for by the Convention.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. Noting the absence of information on this point, the Committee reiterates its request of detailed statistics on the numbers and types of Mobile Offshore Accommodation Units and other similar mobile offshore units, which are excluded from the scope of application of the MLC, 2006.

Article III. Fundamental Rights and Principles. In relation to the application of Convention No. 111, the Committee requested the Government to revise section 356 of the Maritime Law that, as regards the protection of “officers, members of the crew and any other persons employed or in training on vessels”, offers narrower protection in relation to discrimination than required by Convention No. 111. In this regard, the Committee draws the Government’s attention to its comments under Convention No. 111.

Article VI, paragraphs 3 and 4. Substantial equivalence. 1. Signing of addendum to the SEA. In its previous comments, noting that the substantial equivalent provision in the DMLC, Part I, requires the shipowner or its representative to sign the addendum to the SEA, the Committee requested additional information on this issue. Noting the absence of information on this point, the Committee once again requests the Government to: (i) explain why the shipowner or its representative is unable to directly sign the SEA, as required under Standard A2.1, paragraph 1(a); (ii) indicate the laws or regulations requiring the addendum to the SEA, as well as the signatures of both the seafarers and the shipowner or his/her representative; and (iii) provide a copy of an example of the addendum. Underlining the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II, the Committee furtherrequests 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).

2. Substantial equivalent provisions under Marine Notice MLC-004. The Committee recalls that sections 3.1.2 and 3.4 of Marine Notice MLC-004, as amended, refer to the adoption of substantial equivalent provisions with regard to the location of sleeping rooms above the load-line, and the minimum floor area requirement for sleeping rooms, respectively. The Committee notes the Government’s indication that substantial equivalence: (i) is tolerated only as a last option and even then, only where both parties (shipowner and seafarer) find it mutually agreeable; and (ii) is accepted only after satisfaction from the Government that it does not prohibit the enjoyment of the requirements of the MLC, 2006. Referring to its previous comments, the Committee requests the Government to ensure that any substantial equivalent provisions adopted pursuant to section 3.1.2 and 3.4 of Marine Notice MLC-004 strictly comply with Article VI, paragraphs 3 and 4 of the Convention.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee requested the Government to provide information on: (i) the amendment of sections 326(2) and 326(4) of RLM-107, which allow for possible exceptions to the prohibition of the employment on board of any person under 16 years; and (ii) the measures to bring section 3.3.5 of Marine Notice MLC-005 (Rev.07/20) in conformity with Standard A1.1, paragraph 4. The Committee notes the Government’s information that in practice it has not accepted the employment of any person under the age of 18 on Liberian ships, making the provisions being questioned of no effect. Additionally, as the Liberian Registry does not accept seafarers below 18 years, no shipowner will have to make the determination in respect of the activities assigned to young seafarers among the list of potentially hazardous activities pursuant to section 3.3.5 of MLC-005. While taking note of this information, the Committee recalls that the provisions of ratified Conventions should be implemented by ratifying members both in law and in practice. The Committee therefore requests the Government to adopt the necessary measures without delay to give full effect to Standard A1.1, paragraphs 1 and 4 of the Convention and provide information in this regard.

Regulation 1.2 and the Code. Medical certificate. Pursuant to its previous comments, the Committee notes with interest the Government’s information that Marine Notice MLC-002 has been amended to provide that medical examination shall be conducted and the medical certificate issued, in accordance with the joint ILO/IMO Guidelines on the medical examination of seafarers. Medical certificates following the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) will be accepted (sections 1.2.3 and 1.2.4 of MLC-002). The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes that, in reply to its previous request regarding progress made towards the implementation of the established system for the operation of the private seafarer recruitment or placement service in its territory, the Government’s indicates that various Marine Notices address those issues. While noting that section 10.327 of RML-108, and MLC-002 provide for a number of requirements for seafarer’s recruitment and placement services, which are in line with Standard A1.4, paragraph 5 (e.g. service free of charge for the seafarer, system of protection, use of private recruitment services in other countries), the Committee observes that the applicable legislation does not regulate the requirements for licensing or certification of seafarer’s recruitment and placement services operating in Liberia, taking into account the requirements listed in Standard A1.4, paragraph 5. The Committee requests the Government to take the necessary measures to ensure that seafarer’s recruitment and placement services operating in Liberia are subject to a licensing or certification system and are regulated in accordance with the requirements of Standard A1.4, paragraphs 2–7; it also requests the Government to provide information on any measures adopted in this regard.

Regulation 2.1 and Standard A2.1, paragraph 1. Seafarers’ employment agreements. Requirements. The Committee requested the Government to indicate: (i) the measures taken to ensure that masters have a seafarers’ employment agreement (SEA) in conformity with Standard A2.1, paragraph 1; and (ii) the relevant national provisions authorizing the master to act as a representative of the shipowner when signing the shipping articles. The Committee notes the Government’s comment on the adequacy of Marine Notice SEA-002 (rev. 03/22). The Committee recalls that under Standard A2.1, paragraph 1(a), the national legislation shall require that all seafarers, including masters, working on ships covered by the Convention have a SEA signed by both the seafarer and the shipowner or a representative thereof. The Committee reiterates its previous request and asks the Government to provide information in this respect.

Noting that section 320 of RLM-107 sets out a limit in relation to the ship’s gross tonnage for seafarers to sign shipping articles, the Committee requested the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships under its scope. The Committee takes notes of the Government’s information that such point has been identified as one of those to address during the current legal review and amendment process. The relevant text passed into law will be communicated to the Office. The Committee requests the Government to adopt the necessary measures to comply with the provisions of the Convention and to provide information on any progress made in this regard.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that, in reply to its previous comment related to the fact that section 10.325(2)(a) of RLM-108 setting the requirements for the record of employment does not apply to all seafarers covered by the Convention, the Government states that it is reviewing the application of several provisions and issues to address during the current legal review and amendment process. The Committee requests the Government to adopt the necessary measures to fully comply with these provisions of the Convention and to provide information on any developments in this regard.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. Pursuant to its previous comments, the Committee notes with interest the Government’s information that section 10-341(1) of RLM-108 has been amended to ensure consistency with section 3.3.1 of Marine Notice MLC-003. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee requested the Government to review section 343 of RLM-107 to ensure conformity with Standard A2.5.1, paragraphs 1 and 2(a). Noting the Government’s acknowledgement of this concern, the Committee reiterates its previous comments and requests the Government to provide information on any measures adopted in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. In its previous comments, the Committee noted the Government’s intention to revise section 3.6.1 of Marine Notice MLC-003, in order to reproduce Guideline B2.5, paragraph 7, as well as to revise sections 342 and 342B of RLM-107 accordingly. Observing that the above-mentioned sections have not been revised, the Committee requests again the Government to provide information in this regard and to supply a copy of the amended texts once adopted.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that section 3.6.7 of Marine Notice MLC-003 provides that a shipowner could recover the costs of repatriation where a seafarers’ employment agreement has been terminated in the cases listed in section 343 of RLM-107, where seafarers are found to be in serious default of the seafarer’s employment obligations. The Committee requested the Government to take the necessary measures to ensure that what is considered to be “serious default of the seafarers’ employment obligations” is explicitly determined by the relevant legislation or applicable collective bargaining agreements as situations where the shipowner may recover the costs of repatriation and not forfeit the seafarer’s right to repatriation. Noting that the Government acknowledges the Committee’s position without providing information in reply to its comments, the Committee reiterates its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 7. Repatriation. Foreign ships and crew change. The Committee notes that, in reply to its previous request on the application of Standard A2.5.1, paragraph 7, the Government indicates that it is responsive to requests of assistance made by ships and seafarers within its territorial waters and ports. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that, in reply to its previous comments, the Government indicates that it will submit subsequently 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). The Committee requests the Government to submit the above-mentioned documents without delay.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. The Committee noted, in its previous comments, the Government’s intention to revise section 324 of RLM-107 and paragraph 3.7.1 of Marine Notice MLC-003 in order to fully comply with the requirements of the Convention. Noting that the Government acknowledges the Committee’s request without providing information in reply, the Committee requests again the Government to adopt the necessary measures and to provide copy of the revised texts as soon as they are adopted.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes with interest that, in reply to its comments, the Government indicates that Marine Notice MLC-004 was amended in November of 2022 to clearly state the requirement of cook for vessels of more than 10 persons on board (section 5.2.6). Marine Notice MAN-001 was amended accordingly in December of 2022 to provide for the same requirement (section 12.1.9). The Committee requests the Government to provide samples of approved minimum safe manning documents including references to the ship’s cook.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee notes with interest that, in reply to its previous comments, the Government indicates that Marine Notice MLC-004 was amended in November of 2022 to explicitly include the requirement of the consultations with the shipowners’ and seafarers’ organizations (sections 3.16 and 3.17). The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous comments, the Government indicates that it will submit subsequently a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14). The Committee requests the Government to submit the above-mentioned documents without delay.

Regulation 4.5 and the Code. Social security. The Committee notes that, in reply to its previous comments, the Government refers to an Employers’ Guide on National Social Security and Welfare Corporation (NASSCORP) schemes. The Government also indicates that many private insurance companies are outside Liberia, therefore it is difficult to provide information. The Committee notes that, according to the document referred to by the Government, persons employed on board ships flying the Liberian flag are not eligible for benefits under the NASSCORP schemes for Employment Injury (EIS) and National Pension (NPS). Noting that the Government provides no new elements in reply to its previous comments, the Committee requests it again to provide information on how it ensures that seafarers ordinarily resident in Liberia and their dependents benefit from social security protection in the three branches specified (old-age benefit, employment injury benefit, invalidity benefit), which is not less favourable than that enjoyed by shore-workers resident in Liberia. It also asks the Government to provide: (i) statistical information on the number of seafarers ordinarily resident in Liberia, (ii) information on the benefits granted to the resident seafarers in the three branches mentioned above.

[The Government is asked to reply in full to the present comments in 2025 .]