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Repatriation of Seamen Convention, 1926 (No. 23) - Djibouti (RATIFICATION: 1978)

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In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.
Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.
Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.
Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.
Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.
Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.
Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.
Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.
Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.
Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.
Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.
Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.
Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.
Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.
Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.
Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation is borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation is borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

CMNT_TITLE

The Committee notes the Government's replies to its previous comments.

Article 5, paragraphs 1 and 2, of the Convention. The Committee notes the Government's earlier reply to its previous comments that in practice the expenses of repatriation include the maintenance of the seafarer up to the time of departure and that a seafarer repatriated as a member of a crew is entitled to remuneration for the work done during the voyage. The Committee refers to Article 3, paragraph 1, which requires that the right to repatriation including the question of who shall bear the charge of repatriation shall be determined by national law. The Committee hopes that the law will provide for these aspects of repatriation and thus bring the legislation in line with the practice.

Article 6. The Committee notes the Government's reply to its previous comments that there are currently no instructions issued to diplomatic representatives and consular authorities with regard to the role that they are to play in the repatriation of seafarers. The Committee recalls that the Government had indicated in its earlier reports that such instructions were planned to be issued. It hopes these instructions will be issued soon and a copy transmitted to the Office, thus giving full effect to this Article of the Convention.

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The Committee notes from the Government's report, that the regulations to implement the Maritime Affairs Code are still in the process of being examined and that, consequently, the Convention is not yet strictly applied. It trusts that the Government will shortly be in a position to inform the Committee that the above regulations have been adopted and to provide a copy of them with its next report.

Article 6 of the Convention. Recalling its previous comments, the Committee hopes that the Government will not fail to transmit a copy of the instructions which it planned to issue to diplomatic representatives and consular authorities with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving them the expenses necessary for repatriation in advance.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes with interest the adoption of Order No. 85-0040/PR/PM of 8 January 1985 which, in accordance with Article 2(d) of the Convention, establishes the geographical limits of "home trade". The Committee also notes the Government's reply concerning the effect given to Article 5, paragraphs 1 and 2.

Article 6. The Committee notes that diplomatic representatives and consular authorities will receive instructions in due time with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving the expenses necessary for repatriation in advance. The Committee would be grateful if the Government would transmit a copy of these instructions.

CMNT_TITLE

With reference to its previous direct request, the Committee notes with interest the adoption of Order No. 85-0040/PR/PM of 8 January 1985 which, in accordance with Article 2(d) of the Convention, establishes the geographical limits of "home trade". The Committee also notes the Government's reply concerning the effect given to Article 5, paragraphs 1 and 2.

Article 6. The Committee notes that diplomatic representatives and consular authorities will receive instructions in due time with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving the expenses necessary for repatriation in advance. The Committee would be grateful if the Government would transmit a copy of these instructions.

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