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Sickness Insurance (Sea) Convention, 1936 (No. 56) - 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 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2012 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.
Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.

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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:
Repetition
Article 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2008 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.
Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.
Part IV of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics for the next reporting period relating to the following points: the total number of seafarers covered by the Convention who are affiliated to the CNSS; the total cost of cash benefits granted to seafarers in the event of incapacity for work and the average amount per insured person; the total cost of death benefit; the total cost of benefits in kind and the average cost of benefits in kind per insured person; the total amount of financial resources of sickness insurance schemes and respective contributions of employers and insured persons to such resources.
Finally, the Committee takes this opportunity to recall that Convention No. 56, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006), which, in Regulation 4.5, Standard A4.5 and Guideline B4.5, sets out the principles and rules for progressively achieving a comprehensive social security protection for seafarers. The Committee requests the Government to keep the Office informed of any further developments with respect to the process of ratification and effective implementation of the MLC, 2006.

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Article 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2008 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.
Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.
Part IV of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics for the next reporting period relating to the following points: the total number of seafarers covered by the Convention who are affiliated to the CNSS; the total cost of cash benefits granted to seafarers in the event of incapacity for work and the average amount per insured person; the total cost of death benefit; the total cost of benefits in kind and the average cost of benefits in kind per insured person; the total amount of financial resources of sickness insurance schemes and respective contributions of employers and insured persons to such resources.
Finally, the Committee takes this opportunity to recall that Convention No. 56, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006), which, in Regulation 4.5, Standard A4.5 and Guideline B4.5, sets out the principles and rules for progressively achieving a comprehensive social security protection for seafarers. The Committee requests the Government to keep the Office informed of any further developments with respect to the process of ratification and effective implementation of the MLC, 2006.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee is once again bound, as it has done for a number of years, to draw the Government’s attention to the need to establish in the country a compulsory sickness insurance scheme applicable to seafarers employed on board vessels, other than ships of war, carrying out maritime navigation or sea-fishing, in accordance with the provisions of the Convention. The special compulsory sickness insurance scheme for seafarers, which must be established pursuant to the Maritime Affairs Code of 1982, has never been established owing to the low number of seafarers in Djibouti; as to the general social protection scheme established by Act No. 135/AN/3ème of 1997 establishing the social protection body, it does not comprise a compulsory sickness insurance branch. In these circumstances, the Committee once again expresses the hope that the Government will be able, in its next report, to inform it of the adoption of measures constituting real progress concerning the establishment of a sickness insurance system applicable to seafarers that will guarantee them protection in conformity with that envisaged by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the report provided by the Government contains no new information beyond that provided in 2000. In these circumstances, it is therefore once again bound, as it has done for a number of years, to draw the Government’s attention to the need to establish in the country a compulsory sickness insurance scheme applicable to seafarers employed on board vessels, other than ships of war, carrying out maritime navigation or sea-fishing, in accordance with the provisions of the Convention. The special compulsory sickness insurance scheme for seafarers, which must be established pursuant to the Maritime Affairs Code of 1982, has never been established owing to the low number of seafarers in Djibouti; as to the general social protection scheme established by Act No. 135/AN/3ème of 1997 establishing the social protection body, it does not comprise a compulsory sickness insurance branch. In these circumstances, the Committee once again expresses the hope that the Government will be able, in its next report, to inform it of the adoption of measures constituting real progress concerning the establishment of a sickness insurance system applicable to seafarers that will guarantee them protection in conformity with that envisaged by the Convention.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In reply to the Committee’s previous comments, the Government states in its last report that the texts to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted, so there is still no sickness insurance scheme for seafarers. The Government adds that it undertakes to provide information on any measures envisaged to bring the national legislation into line with the provisions of the Convention. The Committee takes note of this information and of the information sent subsequently by the Government indicating that very few seafarers are registered in Djibouti and that they are subject to the general sickness insurance scheme. In this connection, the Committee notes from the information sent by the Government on the application of Convention No. 24, that the Social Protection Body (OPS) has no sickness insurance branch able to provide the protection for seafarers laid down in the Convention. In these circumstances, the Committee again expresses the hope that the Government will be able to provide information in its next report on the adoption of measures denoting real progress in the establishment of a sickness insurance scheme for seafarers which will ensure that they enjoy protection in accordance with that established in the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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In reply to the Committee’s previous comments, the Government states in its last report that the texts to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted, so there is still no sickness insurance scheme for seafarers. The Government adds that it undertakes to provide information on any measures envisaged to bring the national legislation into line with the provisions of the Convention. The Committee takes note of this information and of the information sent subsequently by the Government indicating that very few seafarers are registered in Djibouti and that they are subject to the general sickness insurance scheme. In this connection, the Committee notes from the information sent by the Government on the application of Convention No. 24, that the Social Protection Body (OPS) has no sickness insurance branch able to provide the protection for seafarers laid down in the Convention. In these circumstances, the Committee again expresses the hope that the Government will be able to provide information in its next report on the adoption of measures denoting real progress in the establishment of a sickness insurance scheme for seafarers which will ensure that they enjoy protection in accordance with that established in the Convention.

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The Committee notes from the Government's report that no progress has been made in implementing the Convention and that there is still no sickness insurance scheme for seafarers, as provided for in the Convention and Act No. 212/AN/82 issuing the Shipping Code. The Committee notes, however, the Government's statement that it will do its utmost to adopt legislation to implement the above Act. It hopes that the Government's next report will contain information on any progress made in establishing a sickness insurance scheme for seafarers.

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The Committee notes from the Government's report that no progress has been made in the implementation of the Convention. It recalls that as yet no sickness insurance scheme exists for seafarers as required by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee therefore trusts that the Government will do its utmost to adopt the texts to implement the above Act with regard to sickness insurance for seafarers. It asks the Government to report on any progress made in this respect.

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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 following matter raised in its previous direct request:

The Committee recalls that to this day in the Republic of Djibouti there is no sickness insurance, as provided for by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee hopes that the Government will soon be able to set up the regulations which are necessary under the Act to establish a sickness insurance scheme for seafarers. It asks the Government to report on any progress made in this respect.

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The Committee notes from the Government's report that to this day in the Republic of Djibouti there is no sickness insurance, as provided for by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee hopes that the Government will soon be able to set up the regulations which are necessary under the Act to establish a sickness insurance scheme for seafarers. It asks the Government to report on any progress made in this respect.

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