Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention du travail maritime, 2006 (MLC, 2006) - Honduras (Ratification: 2016)

Etat de mise en oeuvre

Obligation de présentation de rapport

Formulaires de rapport Article 22 (pdf)

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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), as well as the observations of the Honduran National Business Council (COHEP), received on 31 August 2021. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018, entered into force for Honduras respectively on 8 January 2019 and 26 December 2020. The Committee welcomes the adoption of Decree No. 93-2019, which approved the Special Act for the recruitment, placement and hiring of Honduran seafarers in the Cruise Industry (the “Special Act”). Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee notes the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States did not comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on protection of the rights of seafarers established under 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 provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. In its previous comment, noting that section 264 of the Labour Code excludes from the definition of seafarer such persons as the master, the officers, the doctor, hospital and clinic staff, and it is not clear from the provisions cited whether apprentices, who are not part of the crew, are considered to be seafarers, the Committee asked the Government to indicate the measures taken to ensure that the protection provided by the Convention benefited all seafarers covered by the Convention. The Committee notes the Government’s indication that Decree No. 93-2019 approved the Special Act for the recruitment, placement and hiring of Honduran seafarers in the Cruise Industry (the “Special Act”). The Committee notes that section 4(8) of the Act defines seafarers as “any natural person of Honduran nationality or domiciled in Honduras, trained and certified by the General Directorate of the Merchant Navy (DGMM), in accordance with the regulations accrediting occupational knowledge and capabilities, recruited to work abroad, in any capacity, on board a cruise ship flying a foreign and national flag”. While noting with interest this new definition which applies to the cruise industry, the Committee requests the Government to adopt the necessary measures to amend section 264 of the Labour Code to give full effect to Article II of the Convention in respect of all ships covered thereby. The Committee also requests the Government to confirm whether apprentices are considered to be seafarers for the purposes of the Convention.

Article II, paragraph 1(a) and VII. Competent authorities and consultations. In its previous comment, the Committee requested information on the absence of consultations with the representative organizations of shipowners and seafarers within the framework of the MLC, 2006. The Committee notes that the Government reports in this respect that in order to ensure application of the Convention a preliminary draft of the Regulations governing the Special Law is being prepared within the Secretariat and that once the text has been reviewed by the institution’s experts, a tripartite meeting with the employers and workers will be convened to review and provide inputs to the draft. The Committee notes that the COHEP reports that it has no knowledge of consultations held with the representative organizations of shipowners and workers convened either by the Economic and Social Council (CES) or by the State Secretariat for Labour and Social Security (STSS). The Committee reiterates the importance of the consultations required under Article VII of the Convention and requests the Government to adopt the necessary measures to comply thoroughly with the Convention.

Article V. Implementation and enforcement. In its previous comment, the Committee requested the Government to provide details of the measures adopted to give effect to Article V of the Convention. The Committee notes the Government’s indication that section 8 of the Special Act refers to conduct that is prohibited to employment agencies, while section 32 defines irregular recruitment, which is subject to a fine, “without prejudice to the corresponding criminal liability”. The Committee notes, according to the information provided by the Government, that development of the regulations for the Special Law is pending. The Committee requests the Government to provide information on any developments in this regard as well as details on any measure adopted to give effect to Article V with regard to all ships covered by the Convention.

Regulation 1.1. Standard A1.1, paragraph 1. Minimum age. Observing that section 239 of the Labour Code prohibits work on board ship for minors aged under 16 years, apart from students or apprentices on board training ships approved and monitored by the Secretariat for Public Education, the Committee requests the Government to take the necessary measures to ensure that employment of minors under 16 years of age is prohibited on board ships flying the national flag. In view of the lack of new information on this point, the Committee requests the Government to adopt without delay the necessary measures to comply fully with Standard A1.1, paragraph 1.

Regulation 1.1. Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting that section 129 of the Labour Code prohibits “night work and overtime hours for minors under 16 years of age”, the Committee requested the Government to indicate the measures adopted to give effect to Standard A1.1, paragraph 2, which prohibits, with certain exceptions, night work for seafarers under the age of 18. In the absence of a response on this point, the Committee requests the Government to take the necessary measures to bring its legislation into conformity with these requirements of the Convention, specifying the definition of the term “night” for the purposes of Standard A1.1, paragraph 2.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comments, the Committee observed that the regulation on child labour, reformed under Agreement STSS-441-16, lists hazardous work prohibited for minors under 18 years of age without taking into account the particularities of work on ships. The Committee notes the Government’s indication that in this regard it will convene the organizations of shipowners and of seafarers to compile a list of hazardous work in the maritime sector. The Committee requests the Government to adopt the necessary measures to compile a list of hazardous work in the maritime sector, in conformity with the requirements of the Convention and to inform it on all progress achieved.

Regulation 1.2 and Standard A1.2, paragraph 1. Medical certificate. Examination prior to beginning work. Observing that the scope of Agreement No. 016-2012, of 19 April appears to be limited to seafarers who opt for certification or endorsement, the Committee requested the Government to clarify how it gives effect to Standard A1.2, paragraph 1 with regard to all seafarers covered by the Convention. In the absence of information on this point, the Committee requests the Government to indicate the measures adopted to give effect to Regulation 1.2 and Standard A1.2, paragraph 1 with regard to all seafarers covered by the Convention, including seafarers who perform tasks on board without forming part of the ship’s crew and whose work is not directly related to navigation.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. In its previous comment, the Committee requested clarification in respect of the scope of Agreement No. 005-2016, of 17 March, which refers to a basic maritime safety course. The Committee notes that in this regard the Government indicates that there is a curricular framework for training, in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), which was approved by Agreement No. 21-2012, of 30 April 2012, and refers to the evaluations conducted by the International Maritime Organization (IMO) concerning the full application by Honduras of this Convention (resolution MSC.1/CIRC.1164/Rev.22 of 9 December 2020). The Committee takes note of this information.

Regulation 1.4 and Standard A1.4. Recruitment and placement. In its previous comment, the Committee noted that nine seafarers’ unions act as private recruitment and placement services and that the State of Honduras does not provide public recruitment and placement services. The Committee recalls that Standard A1.4, paragraph 3 allows shipowners’ and seafarers’ organizations in the territory of a Member to supply private recruitment and placement services solely in respect of seafarers that are nationals of the Member and of ships flying its flag, and requested the Government to indicate the measures adopted to bring its legislation into conformity with Regulation A1.4 and the Code. In this regard, the Committee notes with interest that the provisions of the Special Act mentioned above that establish a system whereby employment agencies that recruit or place Honduran seafarers in the cruise industry are authorized by, and under the supervision of, the State Secretariat for Labour and Social Security. Noting the limited scope of the Special Act, the Committee requests the Government to adopt the necessary measures to give effect to the requirements of Standard A1.4 with regard to all sectors in which recruitment and placement services for seafarers operate.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. In its previous comment, the Committee requested the Government to indicate the measures adopted or envisaged to give full effect to Standard A1.4, paragraph 5(c)(vi). In this regard, the Committee notes that both the Government and the COHEP refer to the Special Act, section 7 of which makes it obligatory for employment agencies to establish a protection system, through an insurance, or by other appropriate equivalent means, in conformity with the Convention. The Committee notes that development of the regulations for the Special Law is pending. The Committee requests the Government to provide information on any development in this regard, as well as details on the manner in which the system is applied in practice.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2 paragraph 7. Seafarers’ employment agreement and wages. Captivity as a result of acts of piracy and armed robbery against vessels. With regard to the amendments of 2018 to the Code, 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 questions, in each case indicating the applicable national provisions.

Regulation 2.1 and standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. In its previous comment, the Committee requested details of the measures that give effect to these requirements of the Convention. The Committee notes that the Government refers to the Special Act, section 23 of which regulates termination of the employment contract and section 26 of which refers to compensation, entitlements and benefits in case of early termination of the employment contract. Noting however that neither of these provisions establishes a notice period different from those set out in sections 116, 222, 226 and 250 of the Labour Code, or provides for a shorter or non-existent period of notice for early termination of the employment contract for humanitarian reasons, the Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 5, and to provide information on the application of Standard A2.1, paragraph 6.

Regulation 2.1 and Standard A2.1 and paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. In its previous comment, the Committee noted that the Act on seafarers’ recruitment does not require that seafarers should have the opportunity to examine the employment agreement and to seek advice before signing, in conformity with the provisions of Standard A2.1, paragraph 1(b). The Committee notes with interest that the Special Act’s section 7(2) establishes that employment agencies “shall ensure that seafarers are aware of the rights and obligations provided under the employment contracts before, during and after the process of recruitment and that appropriate measures shall be adopted to allow seafarers to revise and analyse their employment contract, before signing it, in as many original copies as may be necessary and to provide copies to the parties concerned”. Noting that the Special Act applies exclusively to intermediation in the cruise industry, the Committee requests the Government to adopt appropriate legislative measures to give effect to Standard A2.1, paragraph 1(b) for all seafarers covered by the Convention.

Regulation 2.1 and Standard A2.1 paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. In its previous comment, the Committee recalled that the record of employment and the employment agreement differ in form and purpose. The Committee notes that the Government refers to the Special Act. Noting however that the Special Act contains no provisions in respect of the record of employment on board, the Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraphs 1(e) and 3 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. In its previous comment, the Committee observed that Agreement No. 44-2012 of the DGMM on hours of rest and watchkeeping by seafarers, which incorporates the STCW into national law, only gives partial effect to Regulation 2.3. The Committee notes the Government’s indication that section 17 of the Special Act regulates ordinary working hours, while section 18 regulates overtime hours. The Committee observes that although the Act cited establishes a maximum of 72 hours of work in each period of seven days, it does not fix a maximum of 14 hours in each period of 24 hours. The Committee requests the Government to amend the Special Act on this point to give full effect to the Convention. It also observes that the Special Act applies solely to the cruise industry, and requests the Government to adopt the necessary measures to give full effect to Regulation 2.3 for all seafarers covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. In its previous comment, the Committee requested the Government to provide detailed information on the manner in which Standard A2.3, paragraph 3 is applied, including with respect to seafarers under the age of 18. The Committee observes that section 17 of the Special Act regulates the ordinary working day and that section 19 refers to public holidays. Noting that the Government does not provide information on other legislative provisions, the Committee requests the Government to indicate the measures adopted to give full effect to the requirements provided by Standard A2.3, paragraph 3, including information on the hours of work and hours of rest of young seafarers.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its previous comment, recalling that Standard A2.3, paragraph 12 requires that each seafarer receive a copy of the records pertaining to him or her, which shall be endorsed by the master, or a person authorized by the master, the Committee requested the Government to indicate the measures taken to give effect to this requirement of the Convention. Observing that the information provided by the Government does not respond to its comment, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.3, paragraph 12.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement annual leave. Minimum paid annual leave. Method of calculation. In its previous comment, the Committee requested the Government to indicate the measures taken to give effect to Standard A2.4, paragraphs 1 and 2. The Committee notes with interest that sections 11(8) and 21 of the Special Act regulate paid annual leave and the method of calculation for the cruise industry, in conformity with the provisions of the Convention. Observing however that the Act cited does not apply to all seafarers covered by the Convention, the Committee requests the Government to indicate the measures adopted to give full effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. Circumstances. The Committee requested the Government to provide detailed information with respect to the measures adopted to give effect to Standard A2.5.1, paragraph 2, for all seafarers covered by the Convention. The Committee notes that the Government refers to provisions regarding repatriation in the Special Act, section 23 of which regulates repatriation at no cost to the seafarer, without prejudice to the provisions of collective agreements or to “agreements concluded between the parties in respect of contractual assignments for reasons solely and exclusively attributable to the seafarer”. The Committee requests the Government to explain what is to be understood by the latter agreements in respect of contractual assignments, which do not appear to be in conformity with the provisions of the Convention. Moreover, observing that the Special Act only applies to the cruise industry, the Committee requests the Government to take the necessary measures to give full effect to Regulation 2.5, paragraph 1 and to Standard A2.5.1, paragraphs 1 and 2, specifying the applicable legislation.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, the Committee requested the Government to indicated the measures taken to ensure that all provisions in national law which deprive seafarers of this right are limited to the circumstances permitted in the Convention and to provide information on the manner in which it is ensured that shipowners pay for the repatriation in all cases in which seafarers are entitled to this right. The Committee notes that the Government refers to the Special Act. Observing however that the Act cited has no provisions regulating this matter, the Committee requests that the Government adopt all necessary measures to give full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comment, the Committee asked the Government to indicate the measures adopted to give effect to Standard A2.5.2. The Committee notes that the Government refers to the Special Act which, however, does not give effect to this Standard. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels. The Committee requested the Government to specify how it gives effect to Standard A2.7, paragraph 3 which requires, when determining manning levels, that the competent authority take into account all the requirements within Regulation 3.2 and Standard A2.5.2 concerning food and catering. The Committee notes the Government’s indication that section 7(5) of the Special Act establishes that the employer is obliged to provide food and water of good quality. Noting that the Government does not reply to its request, the Committee once again requests the Government to indicate the measures adopted to give effect to Standard A2.7, paragraph 3 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to provide further information on the application of this Regulation. The Committee notes that the Government refers to the Inspection Regulation recognizing and issuing maritime safety certificates for vessels registered in Honduras, Agreement No. 000836-B of 8 November 1995, later amended. The Government also refers to section 11 of the Special Act, under which employers have the obligation to “provide accommodation and safe and adequate recreational facilities”. Noting that the Inspection Regulation does not include the measures provided under Regulation 3.1 and the Code and that the Special Act does not give effect to these requirements either, the Committee requests the Government to adopt the necessary legislation to give effect to Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee noted the Government’s indication that, once ratified, a Convention is incorporated into national law and that, in consequence, Standard A3.2, paragraphs 1 and 2 of the MLC, 2006 are directly applicable. Recalling that Regulation 3.2 constitutes a framework of general principles on food and catering and requires the adoption of laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering, the Committee requested the Government to indicate the measures adopted to give full effect to these requirements of the Convention. The Committee takes note of the information provided by the Government regarding the existence of certification inspections carried out through recognized organizations holding valid public service contracts with the Administration of the DGMM and the obligation of the employer to provide food and water of good quality is established in section 11(13) of the Special Act. Noting that these provisions do not apply the minimum standards required under Standard A3.2, paragraphs 1 and 2, the Committee once again requests the Government to adopt the necessary measures to give full effect to the requirements provided under Standard A3.2, paragraphs 1 and 2.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Food and catering. Training. The Committee requested the Government to provide details on the training course in line with Standard A3.3, paragraph 4. The Committee takes note of this.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Inspections. The Committee requested the Government to indicate the applicable legislative measures and to specify who carries out inspections and the matters which must be subject to inspection. The Committee notes that the Government refers to the Special Act mentioned above. Observing that the Special Act does not regulate this matter, the Committee requests the Government to adopt the necessary measures to give effect to Standard A3.2, paragraph 7.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s cook. Minimum age. In its previous comment, the Committee noted the absence of specific legislation to regulate this matter. The Committee takes note of the Government’s indication that one of the requirements laid down by the Occupational Training Institute (INFOP) to obtain cook’s certification is to be over 18 years of age. While taking note of this information, the Committee requests the Government to adopt the necessary measures to ensure that in no circumstances may a minor of under 18 years of age be employed or contracted to work as a cook on board a ship.

Regulation 4.1 and Standard A4.1. Medical care on board and ashore. The Committee asked the Government to indicate the measures taken or envisaged to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4 with respect to seafarers who work on board ships that fly the Honduran flag. The Committee notes that the Government refers to section 11(9) of the Special Act, under which the employer has the obligation to “provide health protection by means of the medical health care on board”. Observing that the Special Act does not establish specific measures required by these provisions of the Convention, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4, with respect to seafarers who work on board ships that fly the Honduran flag.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to specify whether the pertinent Labour Code provisions apply to seafarers covered by the Convention, detailing the manner in which this legislation gives effect to the requirements of Standard A4.2.1, paragraphs 1 to 7. The Committee notes the Government’s indication that Honduras is in the process of brining its legislation into line with the provisions of the MLC, 2006. The Government also refers in this regard to the abovementioned Special Act. The Committee requests the Government to provide information on any new measure adopted to give full effect to Regulation 4.2 and the Code.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In its previous comment, the Committee requested the Government to indicate the measures that give effect to Standards A4.2.1 and A4.2.2. The Committee notes the Government’s indication that the minimum requirements of the system of financial security set out in Standard A4.2.1, paragraph 8 are established under Special Act sections 28(6), on compensation and benefits for employment accidents or occupational diseases, and section 29 on compensation and other entitlements in the event of death. Observing that the Special Act reiterates the contents of section 8 of DGMM Agreement No. 11-2017 and that there are no provisions in sections 28 and 29 of the Special Act to ensure compliance with Standard A4.2.1, paragraph 8, with the single exception of the mention of the persons who must be paid compensation in the event of the death of the seafarer, the Committee requests the Government to adopt the necessary measures to give effect to Standard A4.2.1 and A4.2.2 for all seafarers covered by the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 1 to 4. Health and safety protection and accident prevention. National requirements and guidelines. The Committee requested the Government to indicate any measures adopted to adapt the standards on occupational safety and health set out in the Labour Code to the specific conditions of the maritime sector. The Committee notes that the Government and the COHEP refer to section 11(17) of the Special Act, which establishes, inter alia, that the employer shall provide a work space where safety and health standards may be complied with. Observing the general character of this provision, which does not reflect the detailed requirements of the Convention and the scope of which is moreover limited to the cruise industry, the Committee requests the Government to adopt the necessary measures to give effect to Standard A4.3, paragraphs 1 to 4, and provide information on the adoption of national guidelines for the management of occupational safety and health on board ships.

Regulation 4.3 and Standard A4.3 paragraphs 5, 6 and 8. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee requested the Government to provide further details, in the light of Standard A4.3, paragraphs 5 and 6, on the manner in which statistics on occupational accidents and diseases relating to seafarers are reported, investigated and published. Noting that the Government reports that it has no statistical data available, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to confirm whether all seafarers covered by the Convention ordinarily resident in Honduras, including non-nationals, are covered by the national social security scheme in a way no less favourable than that enjoyed by shoreworkers. In the absence of detailed information on this point, the Committee reiterates its request.

Regulations 5.1.1 and 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In its previous comment, the Committee requested the Government to indicate measures adopted to establish an effective and coordinated system of inspection of the conditions for seafarers on board ships that fly its flag. The Committee notes the Government’s indication that certification inspections and annual inspections are carried out through recognized organizations holding valid public service contracts with the Maritime Administration of Honduras. The Committee takes note of this information.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee requested the Government to provide the text containing the provisions which empower the recognized authorities to perform the functions of inspection and certification with respect to the MLC, 2006, as well as information on the requirements for the recognition and authorization of these organizations, the list of organizations and a copy of the delegation agreement. The Committee notes that the Government refers to DGMM circular 001/2021, which contains elements of the guidelines formulated by the IMO. While noting this information, the Committee requests the Government to specify the recognized organizations that have been authorized to carry out inspection and certification functions with regard to the MLC 2006.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. In reply to the Committee’s request, the Government has provided a copy of the Maritime Labour Declaration of Conformity (DMLC), part II, as well as a copy of a maritime labour certificate and of a provisional certificate. Observing that the DMLC, part II is completely blank, the Committee requests the Government to provide one or more copies of the DMLC, part II, duly certified by the competent authority.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaints procedures. In its previous comment, the Committee requested the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements in Regulation 5.1.5. The Committee notes that the Government and the COHEP indicate that the Special Act regulates the right to submit complaints of seafarers covered by the Convention. Observing however that the Special Act does not appear to regulate the procedure for any complaint, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. In its previous comment, noting that there was no rule in domestic law to give effect to Regulation 5.1.6, the Committee requested the Government to indicate measures adopted in this regard. The Committee notes that the Government indicates that the measures adopted with respect to investigation of marine accidents are those set out in IMO resolution A.849 (20). Observing that this resolution does not apply to the MLC, 2006, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.1.6.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling. In its previous comment, since no information had been provided, the Committee requested the Government to indicate the measures adopted to give effect to Regulation 5.2.2. In this regard, the Committee notes that the Government states that the Viña del Mar Latin-American Agreement on Port State Control gives effect to Regulation 5.2.2. Observing however that this matter is not regulated by domestic law, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.2.2 and the Code, and to provide information in that regard.