The Committee notes the reports provided by the Government on the application of its ratified maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3(1) and (4). Safeguards for the signature of the agreement. In its previous comments, the Committee drew the Government’s attention to the absence of provisions in law to ensure that seafarers are given an opportunity to examine the agreement before signing, with an understanding of its clauses. The Committee notes the Government’s indication that, under the terms of section 530(I) of the Federal Labour Act, the Office of the Federal Prosecutor for the Defence of Labour (PROFEDET), which has delegations in each federal entity, includes among its responsibilities the representation and provision of advice to workers and their unions, if they so request, in relation to any authority on matters regarding the application of labour standards. The Committee nevertheless observes that there are no specific provisions giving effect to the Convention. While noting this information, the Committee firmly requests the Government to indicate the manner in which it is ensured that seafarers benefit from the facilities envisaged in this Article of the Convention.

Article 6(3)(10). Information to be included in the agreement. Conditions for the termination of the agreement. In its previous comments, the Committee noted that section 195 of the Federal Labour Act does not include, among the indications which shall be provided in writing in the agreement, the conditions for the termination of the agreement. In view of the absence of further information on this subject, the Committee firmly requests the Government to take the necessary measures to ensure that the agreement shall contain the conditions for its termination, that is to say: (i) if the agreement has been made for a definite period, the date fixed for its expiry; (ii) if it has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer shall be discharged; and (iii) if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for the shipowner than for the seafarer, as required by this Article of the Convention.

Article 7. Crew list. The Committee notes that various sections of Chapter VI of the Regulations issued under the Maritime Shipping and Commerce Act include the crew list among the requirements for the authorization of the arrival and departure of marine vessels and craft. Noting the absence of provisions in the Regulations specifying whether the agreement shall be recorded or annexed to the list of crew, in accordance with Article 7 of the Convention, the Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 8. Information on conditions of employment available on board. In its previous comments, the Committee drew the Government’s attention to the need to ensure that clear information may be obtained on board by seafarers as to their conditions of employment. In this regard, the Committee notes that section 194 of the Federal Labour Act provides that terms and conditions of employment shall be indicated in writing and that a copy shall be provided to each party, another shall be communicated to the Port Authority or the nearest Mexican consul, and a fourth to the labour inspectorate in the location that shall be determined. The Government adds that section 132(XVIII) of the Act provides that the employer shall be required to display visibly and disseminate in the workplace the full text of the collective labour contract or contracts applicable in the enterprise. The Committee notes this information with interest.

Article 9(1). Termination of the agreement. For many years, the Committee has been noting that section 209(III) of the Federal Labour Act, which provides that employment relationships may not be terminated when the vessel is abroad, in unpopulated areas or in port, in the event in the latter case that the vessel is exposed to any risk due to bad weather or other circumstances, is not in conformity with this provision of the Convention which provides that an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given. The Government indicates in this respect that the purpose of this provision is not to prevent the possibility of terminating the agreement, but to protect the seafarer in situations of risk by reason of being outside the country, in unpopulated areas or subject to bad weather, thereby safeguarding the seafarer’s safety and health. The Committee notes that this explanation does not reply to its request in the sense that the termination of the agreement must be carried out in any port where the vessel loads or unloads. The Committee therefore firmly requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.

Article 14(1). Discharge. The Committee notes the copy of the new maritime book and identity document communicated by the Government, which contains spaces to record the duties performed on board, including the dates of embarkation and discharge. Nevertheless, the Committee notes that this copy of the workbook does not include a space to enter the expiry or termination of the agreement, whatever the reason. The Committee firmly requests the Government to take the necessary measures to ensure that any discharge is recorded in the document issued to the seafarer, under the terms of Article 5, in accordance with the provisions of Article 14.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Article 6. Repatriation expenses. The Committee refers to the comments that it is making on this subject in relation to the Repatriation of Seafarers Convention (Revised), 1987 (No. 166).

Article 8. Safeguarding property left on board. In its previous comments, the Committee requested the Government to indicate any legal provisions which give effect to this Article of the Convention. In this regard, the Committee notes that sections 27 and 28 of the Maritime Shipping and Commerce Act provide that the master of the vessel shall be responsible for the vessel, as well as for its crew, passengers, cargo and the legal acts carried out, and that the master shall exercise authority in relation to the persons and property on board. The Committee notes this information.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2(3). Detailed statistics on occupational accidents. For many years, the Committee has been drawing the Government’s attention to the need to adopt provisions requiring that statistics on occupational accidents on board ship clearly indicate the department (for example, deck, engine or catering) and the area (for example, at sea or in port) where the accidents occurred. The Committee notes the Government’s indication that Official Mexican Standard NOM-021-STP-1993 is being updated. The Committee notes that this Standard applies to all workplaces, and does not specify the manner in which it applies to accidents that occur on vessels. The Committee once again requests the Government to take the necessary measures to ensure that statistics on occupational accidents are compiled in conformity with the provisions of this Article of the Convention.

Article 3. Research into general trends and hazards of maritime employment. The Committee recalls that this Article of the Convention requires research to be undertaken into general trends and into such hazards as are brought out by statistics in order to provide a sound basis for the prevention of accidents which are due to particular hazards of maritime employment. The Committee notes that the information provided by the Government on this subject is of a general nature and does not refer to research undertaken in this regard. The Committee once again requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 4(2) and (3)(d). Measures for the prevention of occupational accidents. For many years, the Committee has been noting the Government’s indication that the Crew Safety Manual is being revised. The Committee notes the Government’s indication that the Manual is prepared and revised by shipping enterprises and operators, in accordance with the provisions of Official Mexican Standard NOM-036-SCT4-2007 on the administration of operational security and the prevention of contamination by maritime vessels and craft, and that this is verified solely by the maritime authority. The Committee notes that the Official Standard to which the Government refers does not include provisions on specific aspects for the prevention of occupational accidents which are peculiar to maritime employment, such as structural features of the ship, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention and firefighting, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment for seafarers. Noting the gaps in the Mexican legislation, the Committee firmly requests the Government to take the necessary measures to ensure that the standards applicable to seafarers for the prevention of accidents and the protection of health in employment specify these matters.

Article 6(3) and (4). Enforcement measures. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the inspection authorities are familiar with maritime employment and its practices and to make available to seafarers copies or summaries of the legal provisions on the prevention of accidents. The Committee notes the Government’s indication that to conduct inspections on vessels and platforms at sea, inspectors are required to have the “sea book”, which is obtained by completing the “Basic security course on platforms and embarkations” provided by the Training and Skills Board for the Personnel of the National Merchant Navy (FIDENA). The Government adds that section 132(XVIII) of the Federal Labour Act establishes the requirement for employers to display visibly and disseminate in workplaces the principal provisions of Mexican regulations and Official Standards on occupational safety, health and the working environment, together with the full text of the collective labour contract or contracts in force in the enterprise, as well as making information available to workers on the risks and hazards to which they are exposed. The Committee notes this information.

Article 8. Programmes for the prevention of occupational accidents. In its previous comments, the Committee requested the Government to provide information on the establishment and implementation of programmes for the prevention of accidents among seafarers arising from or occurring during employment. In reply to this request, the Government once again provides information on laws, regulations and safety and health programmes that are general in scope, although the Convention requires the establishment of specific maritime programmes with the cooperation of shipowners’ and seafarers’ organizations. The Committee firmly requests the Government to take the necessary measures for the establishment and implementation of programmes that give effect to this provision of the Convention.

Seafarers’ Welfare Convention, 1987 (No. 163). Articles 2, 5 and 6. Welfare facilities and services in ports and on board ship. Review of welfare facilities and services. International cooperation. In its previous comments, the Committee requested the Government to provide information on the facilities and services provided by seafarer centres located in the various ports in the country. The Committee also requested the Government to indicate how it is ensured in law and practice that welfare facilities and services for seafarers are reviewed frequently, and to indicate the measures adopted in the field of international cooperation, as required by Article 6 of the Convention. In view of the lack of new information on these matters, the Committee firmly requests the Government to take the necessary measures to give effect to these Articles of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164). Article 4(c). Right to visit a medical doctor. In its previous comments, the Committee requested the Government to indicate the legal provisions which guarantee the right of seafarers to visit a doctor without delay in ports of call, whether they are in the flag State or a third country. Noting that the Government’s reply does not address the issue raised, the Committee firmly requests it to take the necessary measures to guarantee seafarers the right to visit a doctor without delay in ports of call where practicable.

Article 5(4) and (5). Inspection at regular intervals of the medicine chest. Checking of the labelling. In its previous comments, the Committee noted the absence of measures in national maritime laws and regulations to give effect to the specific requirements relating to the regular inspection of the medicine chest on board at intervals not exceeding 12 months and the checking of the labelling, expiry dates and conditions of storage of all medicines contained in the medicine chest. In view of the absence of new information on these matters, the Committee once again requests the Government to take the necessary measures to bring the national legislation into conformity with these provisions of the Convention.

Article 7. Medical advice by radio or satellite communication. For many years, the Committee has been requesting the Government to indicate the manner in which this Article of the Convention is enforced and applied in practice. The Committee notes the Government’s indication that section 48 of the Regulations on the inspection of maritime security provides that vessels authorized for coastal navigation shall be equipped for radio communication. The Government also indicates that Mexican legislation does not include specific provisions on these matters. The Committee reminds the Government that the sole existence of radio communication equipment on board is not sufficient to ensure the availability of medical advice on vessels on the high seas at any time free of charge in the form and in accordance with the requirements set out in the Convention. It therefore requests the Government to take the necessary measures to effectively implement this Article of the Convention.

Article 8. Presence of a medical doctor on board ships. The Committee notes that the Regulations on maritime security inspection, published on 12 May 2004, which replaced the Regulations on the naval inspection service of 1945, which required a vessel transporting more than 50 persons and engaged in a voyage of over 24 hours to have a medical surgeon on board, do not require the presence of a medical doctor on board the vessels to which they are applicable. The Government indicates that section 204(VIII) of the Federal Labour Act provides that employers are required to carry on board the medical care personnel and materials established by the laws and provisions on water transport. The Committee notes that this provision does not specify the vessels or categories of vessels which are required to carry a medical doctor as a member of the crew, taking into account, inter alia, such factors as the duration, nature and conditions of the voyage, and the number of seafarers on board. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

Article 9. Persons in charge of medical care. In its previous comments, the Committee requested the Government to provide information on the specific courses for persons in charge of medical care on board vessels who are not doctors. In its reply, the Government indicates that the Nautical Schools of Mazatlàn, Tampico and Veracruz, and the Educational Centre of Campeche, provide courses on basic first aid and medical care. The Government adds that, under the terms of section 49(VI) of the Federal Regulations on occupational safety and health, employers are required to support the updating of the skills of those in charge of internal preventive occupational medicine services. The Committee recalls that the training courses have to be approved by the competent authority and based on the contents of the most recent edition of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, published by the IMO, and the medical section of the International Code of Signals, as well as similar national guides. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 11. Hospital accommodation. For many years, the Committee has been drawing the Government’s attention to the fact that the national legislation does not give effect to this provision of the Convention. The Committee notes the Government’s indication that section 49 of the Federal Regulations on occupational safety and health regulate the provision of internal and external preventive occupational medicine services. The Committee notes that these Regulations are of a general nature and do not contain provisions determining the type of vessel in which the provision of separate hospital accommodation is required, or the description of the characteristics of hospital accommodation on board, in accordance with the requirements of this Article of the Convention. The Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166). Article 2(1)(c). Repatriation in the event of illness, injury or other medical condition. In its previous comments, the Committee noted that section 204(VII) of the Federal Labour Act does not include among the obligations of employers in the event of illness or accident to a seafarer the requirement to pay repatriation costs. In its reply, the Government indicates that section 204(IX) provides that employers are required to repatriate workers or transfer them to the agreed destination, except in cases of discharge for reasons not attributable to the employer. Recalling that this provision of the Convention establishes the requirement for the repatriation of the seafarer by the employer in the particular event of illness or injury or other medical condition in which it is so required, the Committee firmly requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

Article 2(1)(e) and (f). Repatriation in the event of the inability of the shipowner to fulfil legal or contractual obligations. Ship bound for a war zone. In its previous comments, the Committee requested the Government to indicate the provisions of the legislation which guarantee the right of the seafarer to repatriation in the event of bankruptcy or the sale of the ship, and of a ship being bound for a war zone, to which the seafarer does not consent to go. The Committee notes the Government’s indication that section 33 of the Navigation and Commerce Act provides that, in the event that a vessel flying a foreign flag is in Mexican navigable waterways and the competent maritime authority presumes that the crew has been abandoned or is at risk of loss of life or physical safety, the procedure for the coordination of competencies between administrative authorities in the event of failure in the duty of care for foreign crews on foreign vessels shall be applied. The Committee notes that section 33 of the Navigation and Commerce Act refers to vessels flying foreign flags, while the Convention applies to vessels flying the flag of the State. The Committee firmly requests the Government to take the necessary measures to ensure that seafarers embarked on vessels registered in Mexico have the right to repatriation in the situations envisaged in these provisions of the Convention.

Article 2(1)(g). Termination or interruption of employment in accordance with an industrial award or collective agreement. In its previous comments, the Committee drew the Government’s attention to the absence of provisions in the national legislation on the right to repatriation in the event of the interruption or termination of employment in accordance with an industrial award or a collective agreement. In its reply, the Government indicates that the General Labour Act, as amended in 2012, guarantees the repatriation of seafarers by updating the penalties to which shipowners are liable in the event of failure to pay the costs relating to these obligations. The Committee notes that the Government’s reply does not address the question raised. The Committee therefore firmly requests the Government to take the necessary measures to ensure that seafarers are entitled to repatriation in the situations envisaged in this Article of the Convention.

Article 2(2). Maximum duration of service periods. For many years, the Committee has been drawing the Government’s attention to the absence of provisions on the maximum duration of service periods on board which entitles seafarers to repatriation. In view of the absence of progress in this regard, the Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 3(2). Destinations of repatriation. For several years, the Committee has been drawing the Government’s attention to the absence of provisions establishing the right of seafarers to choose from among the prescribed destinations for repatriation. The Committee notes the Government’s indication that section 196 of the Federal Labour Act provides that, when the written contract is for a definite or indefinite period, the port to which the worker shall be returned shall be determined and, in the absence of such determination, the place in which the seafarer was taken on board shall be taken as the destination determined. The Committee notes that this section only covers the determination of the port to which the worker shall be returned in cases of contracts for definite or indefinite periods, and does not extend this right to cases of contracts for a voyage or for voyages, as envisaged in section 195(IV) of the Act. Moreover, this section is confined to providing that the port of return shall be determined, without explicitly providing that seafarers may choose the destination of repatriation, nor the options within which they may make that choice. The Committee once again requests the Government to take the necessary measures to bring the legislation into conformity with Article 3(2) of the Convention.

Articles 4 and 5. Responsibility of the shipowner to arrange for repatriation. For many years, the Committee has been drawing the Government’s attention to the need to take measures to ensure that full effect is given to these Articles of the Convention. The Committee notes the Government’s indication that section 28(a) of the Federal Labour Act provides that repatriation shall be the responsibility of the contracting employer in the case of Mexican workers engaged in work outside the Republic who are covered by contracts concluded on the national territory. The Committee notes that this section only applies to Mexican workers engaged in work abroad, while the Convention applies to any seafarer employed on board a seagoing vessel registered in the territory of any Member. The Committee also notes that this provision does not cover the following aspects which are regulated by the Convention: (i) the competent authority shall meet the costs of repatriation if the shipowner fails to make the necessary arrangements (Article 5(1)(a)); (ii) the normal mode of transport for repatriation of seafarers shall be by air (Article 4(1)); and (iii) the costs to be borne by the shipowner in relation to repatriation shall include not only the passage, but also accommodation, food, pay and allowances and medical treatment when necessary from the moment that the seafarer leaves the ship until he or she reaches the repatriation destination (Article 4(4)). The Committee firmly requests the Government to take the necessary measures to bring national law and practice into conformity with these provisions of the Convention.

Article 6. Passport and other identity documents. In its previous comments, the Committee requested the Government to specify how it is ensured that seafarers who are to be repatriated are able to obtain their passport and other identity documents for the purposes of repatriation. In its reply, the Government indicates that the National Migration Institute (INM) is responsible for making the necessary arrangements concerning such documents, with the aim of carrying out the repatriation of seafarers who require it. Recalling that this provision of the Convention is intended to guarantee that seafarers can retain their passport or other identity documents for the purpose of repatriation, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

Article 7. Paid leave. In its previous comments, the Committee noted that the national legislation does not contain any provision ensuring that time spent awaiting repatriation and repatriation travel time shall not be deducted from paid leave accrued to the seafarer. In view of the absence of relevant information on this subject, the Committee firmly requests the Government to take the necessary measures to give effect to this Article of the Convention.

Article 12. Availability of the text of the Convention in an appropriate language. In its previous comments, the Committee requested the Government to indicate the manner in which the text of the Convention in an appropriate language is made available to the crew members of every ship registered in its territory. The Committee notes that the Government has not provided further information on this subject. The Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]