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The Committee notes the reports provided by the Government on the application of Conventions Nos 22 and 23 on seafarers. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2019. In these observations, the CTC and CUT recommend the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006) to resolve the problems faced by seafarers in the absence of an instrument that protects them at the national and international levels. They also indicate that this view is shared by the General Maritime Directorate (DIMAR) of Colombia. The Committee also notes the Government’s indication that, in the context of the discussion on reports on the maritime Conventions held at the Tripartite Subcommittee on International Labour Affairs, it was agreed to request the technical assistance of the Office in relation to the possible ratification of the MLC, 2006. The Committee understands that the Office is in contact with the Government to provide the technical assistance requested. The Committee requests the Government to provide information on any developments in this regard. In order to provide an overview of the issues to be addressed in relation to the application of Conventions on seafarers, the Committee considers it appropriate to examine these instruments in a single comment, as set out below.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 3 of the Convention. Conditions and guarantees for the signing of the agreement. In its previous comments, the Committee requested the Government to provide information on the measures adopted to give effect to Article 3(1) and (2) of the Convention. The Committee notes with interest the Government’s indication in this regard that Decree No. 1015 of 16 June 1995, as compiled by Single Regulatory Decree No. 1072 of 2015 of the Ministry of Labour, in Chapter 3 on labour regulations concerning certain employees on board ships flying the Colombian flag in international service, section 2.2.1.6.3.2, establishes that facilities shall be provided to the worker and his advisers to examine the articles of agreement before they are signed. The Committee notes this information which corresponds to the request made previously.
The Committee previously requested the Government to provide its comments regarding the observations of the CUT that most seafarers are recruited under verbal agreements and, in some cases where they sign contracts, they are not provided with a copy. The Committee notes that the Government refers to section 2.2.1.6.3.14 of the Single Decree referred to above, which provides that the labour administration authorities, within their function of monitoring labour standards, shall enforce compliance with Convention No. 22 of the International Labour Organization approved by Act No. 129 of 1931 and the regulations set forth in this Chapter. The Government also provides information on the administrative actions taken in this context between 2014 and 30 March 2019. The Committee notes this information.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3 and 6 of the Convention. Obligations pertaining to repatriation. The Committee previously requested the Government to provide its comments on the observations of the CUT regarding the ongoing problems relating to the repatriation of seafarers due to the Government’s lack of clear authority as the head of DIMAR to protect and ensure the repatriation of seafarers, whether they are foreign nationals in Colombia or Colombian nationals abroad. The Committee notes the Government’s indication that DIMAR prepared and made available to the Ministry of Labour the necessary technical assistance for the adoption of the draft decree adding to and amending Book 1, Part 1, Title 1, Chapter 6, section 3 of the Single Regulatory Decree 1072 of 2015 of the labour administration and issuing other provisions. The Government adds in this regard that this draft addresses, among other matters, the issue of repatriation. The Committee requests the Government to provide information on the development of the draft decree referred to above.

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The Committee notes the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 29 and 31 August 2014 respectively. The CTC and the CUT underscore the need to ratify the Maritime Labour Convention, 2006 (MLC, 2006), which revises Conventions Nos 8, 9, 22 and 23 and provides for more suitable standards for the protection of the workers’ rights of seafarers. The Committee requests the Government to send its comments on this matter.
In order to give an overall view of the issues raised regarding the application of maritime conventions, the Committee considers it appropriate to examine these instruments in a single set of comments, as set out below.
Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Article 2. Indemnity for unemployment resulting from the loss or foundering of a vessel. The Committee notes that in its report, the Government indicates that, although there are no specific measures to provide unemployment compensation for seafarers in the event of shipwreck, Act No. 1636 of 2013 and Decree No. 2852 of 2013 regulate the mechanism for protection of the unemployed, the aim of which is to ensure social protection for the most vulnerable workers, including seafarers, in the event of unemployment, ensuring that such workers still have access to health, pension savings and family allowances as well as access to labour intermediation and job training. In the absence of any specific protection, the Committee recalls that Article 2 of the Convention requires that, in the event of the loss or foundering of the vessel, every person employed thereon shall be paid an indemnity for all days during which the person remains in fact unemployed. The amount of the indemnity shall be established on the basis of the wages payable under the contract, but the total indemnity may be limited to two months’ wages. The Committee further recalls that according to Article 3, the Convention seeks to ensure that seafarers have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service. The Committee requests the Government to indicate the measures taken or adopted in order to give full effect to the provisions of the Convention.
The Committee notes that the CUT indicates that in the event of shipwreck in the territory of Colombia, the General Maritime Directorate (DIMAR) conducts judicial inquiries into maritime accidents. However, the procedures established by DIMAR are designed to establish causes and liability in maritime accidents and not to reinstate the rights of the workers affected, or to set compensation for them. Consequently, says the CUT, there is no form of protection for these workers. The CUT further indicates that the situation is particularly serious in the case of small and medium-sized vessels on the Pacific coast of Colombia due to the informality of employment in this area. The Committee requests the Government to send its comments on these observations.
Placing of Seamen Convention, 1920 (No. 9). Article 2(1). Business carried on for pecuniary gain. In its previous comments, the Committee noted that private non-fee-charging recruitment and placement services that seek employment for seafarers were authorized to operate pursuant to the provisions of the Labour Code and of Decree No. 3115 of 1997 allowing workers, including seafarers, to be placed by private fee-charging placement or employment agencies, in breach of the provisions of the Convention. The Committee notes that in its report, the Government indicates that Decree No. 3115 of 1997 was repealed by Decree No. 722 of 2013, in turn repealed by Decree No. 2852 of 2013 “to regulate the public employment services and the benefit scheme of the mechanism for the protection of the unemployed, and to establish other provisions”. The Government indicates that with the new employment service created by Act No. 1636 of 2013 and Decree No. 2852 of 2013, it is clearly established that workers, including seafarers, may not be charged any fee whatsoever, whether they are placed by employment agencies, temporary work agencies or the public employment service, in conformity with the provisions of Article 2 of the Convention and that, consequently, no form of placement of seafarers may give rise to the payment of fees by such workers, directly or indirectly, to a person, company, or other agency. The Committee nonetheless notes that the CUT indicates that although the placement of seafarers should be free of charge and carried on by non-fee-charging agencies, the legislation has not as yet been amended in order to align it with the Convention. With regard to Act No. 1636 of 2013 on the establishment of a public employment service, the CUT indicates that since this service is not designed specifically for seafarers and is still being developed, it cannot be regarded as a solution to the placement of workers or be deemed to give effect to the Convention. The CUT further indicates that seafarers are recruited through employment exchanges and almost never directly through agencies, and that there are no public or up-to-date statistics on the situation of workers, labour inspections or procedures to sanction enterprises for failure to observe workers’ rights. The Committee requests the Government to send its comments on these observations. The Committee also requests the Government to provide: (i) information on how compliance with the new Act No. 1636 of 2013 and with Decree No. 2852 of 2013 is monitored; (ii) statistical data on the number of seafarers hired through private employment agencies since the entry into force of the law; and (iii) information on the existence and on the number, if any, of complaints for violation of the provision on the gratuity of services provided by placement agencies.
Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3(1) and (2). Conditions and guarantees for the signing of the agreement. In its previous comments, the Committee noted the absence of any provisions giving effect to Article 3(1) and (2) of the Convention. In its report, the Government indicates that the national legislation, particularly Decree No. 1015 of 1995, is consistent with Article 3 of the Convention. In particular, the articles of agreement must be signed by the shipowner or its representative and the seafarer, and must be examined or studied before being signed by the seafarer or the seafarer’s advisor, and must be signed in observance of the minimum rights and guarantees laid down in the legislation of Colombia, the clauses of the agreement being subject to administrative oversight by the Ministry of Labour and judicial oversight by the labour courts. The Government also indicates that since the national labour legislation provides that any clauses of a work contract that violate the law or ILO Conventions are without effect, any articles of agreement of seafarers are bound to be deemed consistent with ILO Conventions. The Committee observes that Decree No. 1015 of 1995, while providing that the clauses of internal work regulations are to be displayed in sites accessible to seafarers, does not provide expressly that seafarers must be able to examine the articles of agreement before signing them, or establish conditions for the signing of the agreement by the seafarer. Bearing in mind that Article 3(1) implies the implementation of practical measures (“Reasonable facilities to examine the article of agreement before they are signed shall be given to the seaman and also to his advisor”) and that Article 3(2) refers expressly to national law as a means of applying the Convention, the Committee requests the Government to provide information on the measures taken to give effect to Article 3(1) and (2) of the Convention.
The Committee notes the observations of the CUT reporting that most seafarers are recruited under verbal agreements and in some instances where they sign an agreement, they are not given a copy. The Committee requests the Government to send its comments on this matter.
Repatriation of Seamen Convention, 1926 (No. 23). Articles 3 and 6. Obligations pertaining to repatriation. On this subject, the Committee notes that in its report the Government indicates that according to section 6(7) of Decree No. 4976 of 2011, as amended by Decree No. 2063 of 2013, the Special Migration Fund covers cases of “support and assistance to Colombians in a foreign territory who need immediate protection because they are highly vulnerable and defenceless and lack any personal means for a dignified return or for assistance”, and that these include instances of repatriation of seafarers. Furthermore, the Committee notes that according to the CUT, the repatriation of seafarers is an ongoing problem and that the Government, as head of DIMAR, has no clear authority to protect crew members and ensure their repatriation, whether they are foreigners in Colombia or Colombians abroad. With regard to foreigners in Colombia, the first problem they meet is the requirement of a visa in order to leave the country. If the shipowner or shipping agent fails to provide the necessary support for the crew member’s repatriation, the latter has to wait, sometimes for months, before being repatriated and the outcome will depend on the support that consulates are able to provide. In such cases the maritime authority does not intervene and is under no obligation to do so. The CUT adds that in the case of Colombian seafarers in other places, DIMAR affords them no form of support for repatriation and that, in practice, it is trade union organizations that advise, provide support and assist in the repatriation process. The Committee requests the Government to send its comments on these observations.

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Article 3 of the Convention. Conditions and safeguards for the signature of the agreement. The Committee recalls that the Convention requires reasonable facilities to be given to the seafarer to examine the articles of agreement before they are signed (Article 3(1)), the agreement to be signed under conditions prescribed by national law (Article 3 (2)), and also adequate provisions to be made to ensure that the seafarer has understood the agreement (Article 3(4)). The Committee understands that the national legislation does not contain any provisions giving effect to the above requirements. Recalling that the same requirements have been incorporated in Standard A2.1(1)(b) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to indicate any provisions, legislative or other, that implement this Article of the Convention.

Article 14(2). Certificate. The Committee recalls its previous comment in which it noted that section 12 of Decree No. 1015 of 16 June 1995 does not implement this Article of the Convention since it does not refer to a document, other than the employment record, that seafarers have the right to obtain at all times from the master. In the absence of the Government’s reply on this point, the Committee again requests the Government to indicate how effect is given to this requirement of the Convention.

Part V of the report form. Practical application. The Committee notes the information provided by the Government concerning the recent changes in the labour inspection services. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including for instance, inspection results, samples of seafarers’ employment agreements and copies of applicable collective agreements.

Finally, the Committee recalls that the MLC, 2006, contains in Regulation 2.1, Standard A2.1 and Guideline B2.1 up-to-date and more detailed requirements on seafarer’s employment agreements that revise existing standards set out in Convention No. 22. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

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The Committee notes the adoption of Act No. 1242 of 2008 establishing the Code for Navigation and Port Activities on Rivers.

Article 6, paragraph 3(3), of the Convention. Particulars of the agreement. In the absence of any relevant information, the Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve needs not only to be specified in agreements for a voyage as provided in section 6(3) of Decree No. 1015 of 16 June 1995, but also in agreements for a definite or indefinite period.

Article 14, paragraph 2. Issue of a separate certificate on the quality of the seafarer’s work. In response to previous comments, the Government indicates that this provision of the Convention is implemented by section 12 of Decree No. 1015/1995. The Committee considers, however, that section 12 of Decree No. 1015/1995 in conjunction with Resolution No. 35 of 15 June 1995 is rather giving effect to Article 5(1) and (2) and Article 14(1) as it provides for a document (libreta de embarco), which contains a record of the seafarer’s employment on board and a discharge entry, without including any statement as to the quality of the seafarer’s work or as to wages. In contrast, Article 14(2) refers to a document other than the record of employment, namely a separate certificate as to the quality of the seafarers’ work, that seafarers have the right to obtain, at all times, from the master.

In this context, the Committee wishes to point out that the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, seafarers’ employment agreements, does not take over all provisions of the present Convention. Thus, the MLC, 2006, does neither require the indication in the agreement of the name of the vessel(s) (Article 6(3)(3) of Convention No. 22) nor the issue of a separate certificate on the quality of the seafarer’s work (Article 14(2) of Convention No. 22). The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, which would entail the denunciation of the present Convention. The Committee would appreciate if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006.

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The Committee takes note of the information in the Government’s report.

Article 6, paragraph 3, of the Convention. Particulars of the agreement. The Government states that there has been no change in the legislation. The Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve must be specified not only in agreements for a voyage, as provided in article 6(3) of Decree No. 1015 of 1995, but also in agreements for a definite or for an indefinite period. The Committee firmly hopes that the Government will be in a position to indicate in its next report the measures taken or envisaged to require the name of the vessel to be specified in these agreements as well.

Article 9, paragraph 3. Non-termination of the agreement after the registration of the notice. In its last report, the Government provided information concerning suspension of an agreement and its consequences both for the seafarer and the shipowner. The Committee recalls that Article 9 of the Convention concerns voluntary termination of an agreement by either party and not suspension on extraneous grounds. According to Colombian legislation (article 7 of Decree No. 1015 of 16 June 1995), notice, even where properly given, will be void if the parties "agree to re-establish the terms and conditions of the agreement in full". The Committee again asks the Government to provide more detailed information in its next report on the practical effect given to this provision.

Article 14, paragraph 2. Issue of a separate certificate as to the quality of the seafarer’s work. The Committee notes with regret that the Government’s report contains no information on this point. It reminds the Government that, under this Article of the Convention, whatever the reason for the termination or rescission of the agreement, the seafarer has the right to obtain from the captain a separate certificate as to the quality of his work. The Committee requests the Government to take all necessary steps to bring its legislation and practice into line with this provision of the Convention and to provide information in its next report on developments in this matter.

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

Referring also to its observation under the Convention, the Committee requests the Government to supply information on the following matters.

  Article 6, paragraph 3(3).  The Committee wishes to point out to the Government that under this Article of the Convention the name entered on the agreement of the vessels on which the seaman undertakes to serve extends not only to the contract for the voyage, as prescribed in section 6, paragraph 3, of Decree No. 1015 of 1995, but also to agreements made either for a definite period or for an indefinite period. The Committee requests the Government to indicate the measures taken or contemplated for including the names of the vessels on such agreements.

  Article 6, paragraph 3(8).  The Committee notes that Decree No. 1015 of 1995 makes no reference on the agreement to the mention of provisions. The Committee requests the Government to specify the system which applies in this matter and to supply the pertinent texts.

  Article 7.  The Committee notes the information supplied by the Government in its most recent report to the effect that this Article of the Convention does not constitute a requirement in national legislation. The Committee notes, however, that in its previous reports the Government declared that section 1500 of the Code of Commerce, points (5) and (7), and section 27 of Decree No. 2349 of 1971 made it compulsory for the captain to keep on board the register of the ship’s crew and that vessels must always carry a crew list on board. The Committee requests the Government to indicate what provisions are in force and, if these are the standards mentioned above, to indicate the measures adopted in national legislation to copy or attach the agreement to the crew list or register.

  Article 9, paragraph 3.  The Committee requests the Government to supply data about any exceptional circumstances laid down by national legislation (for example, force majeure) in which notice, although given in due form, shall not result in the termination of the agreement.

  Article 14, paragraph 2.  The Committee notes that under section 12 of Decree No. 1015 of 1995, the employer shall provide the seaman with a document recording his services. The Committee recalls that, under this Article of the Convention, the seaman has the right to obtain a separate certificate as to the quality of his work. The Committee requests the Government to indicate the measures taken or contemplated to guarantee that seamen can obtain a separate certificate as to the quality of their work.

  Article 15.  The Committee notes that in accordance with section 14 of Decree No. 1015 of 1995, the administrative labour authority supervises compliance with the Convention and the Decree. The Committee requests the Government to supply information on the methods used to ensure monitoring of the Convention and their effectiveness.

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Referring also to its observation on the Convention, the Committee requests the Government to supply information on the following matters:

Article 6, paragraph 3(3). The Committee wishes to point out to the Government that under this Article of the Convention the name entered on the agreement of the vessels on which the seaman undertakes to serve extends not only to the contract for the voyage, as prescribed in section 6, paragraph 3, of Decree No. 1015 of 1995, but also to agreements made either for a definite period or for an indefinite period. The Committee requests the Government to indicate the measures taken or contemplated for including the names of the vessels on such agreements.

Article 6, paragraph 3(8). The Committee notes that Decree No. 1015 of 1995 makes no reference on the agreement to the mention of provisions. The Committee requests the Government to specify the system which applies in this matter and to supply the pertinent texts.

Article 7. The Committee notes the information supplied by the Government in its most recent report to the effect that this Article of the Convention does not constitute a requirement in national legislation. The Committee notes, however, that in its previous reports the Government declared that section 1500 of the Code of Commerce, points (5) and (7), and section 27 of Decree No. 2349 of 1971 made it compulsory for the captain to keep on board the register of the ship's crew and that vessels must always carry a crew list on board. The Committee requests the Government to indicate what are the provisions in force and, if these are the standards mentioned above, to indicate the measures adopted in national legislation to copy or attach the agreement to the crew list or register.

Article 9, paragraph 3. The Committee requests the Government to supply data about any exceptional circumstances laid down by national legislation (for example, force majeure) in which notice, although given in due form, shall not result in the termination of the agreement.

Article 14, paragraph 2. The Committee notes that under section 12 of Decree No. 1015 of 1995, the employer shall provide the seaman with a document recording his services. The Committee recalls that, under this Article of the Convention, the seaman has the right to obtain a separate certificate as to the quality of his work. Referring also to its comments on the application of Article 5, paragraph 2, of the Convention, the Committee requests the Government to indicate the measures taken or contemplated to guarantee that seamen can obtain a separate certificate as to the quality of their work.

Article 15. The Committee notes that in accordance with section 14 of Decree No. 1015 of 1995, the administrative labour authority supervises compliance with the Convention and the Decree. The Committee requests the Government to supply information on the methods used to ensure monitoring of the Convention and their effectiveness.

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1. With reference to its previous comments, the Committee notes with satisfaction that Decree No. 1015 of 16 June 1995, which issues the law approving the Convention, ensures conformity of the legislation with Article 1, Article 2, Article 3, Article 4, Article 5, paragraph 1; Article 6, paragraphs 1 and 2, Article 8, Article 9, paragraphs 1 and 2, Article 10, Article 11, Article 12 and Article 13, paragraph 1, of the Convention.

2. With regard to Article 5, paragraph 2, of the Convention, the Committee noted in its previous comments that the seafarers' discharge book provided by resolution No. 00591 of 1982 provides for mention of any misconduct on the part of the seafarer and the penalties imposed by captains and employers; this is in breach of this Article of the Convention which prohibits comments on the quality of the work on board. The Committee hopes that the Government will supply information on the measures taken or envisaged to ensure application of the Convention in this matter.

3. The Committee is also addressing a direct request to the Government on some other matters relating to the application of Article 6, paragraph 3(3) and (8), Article 7, Article 9, paragraph 3, and Article 14, paragraph 2, of the Convention.

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The Committee notes the information supplied by the Government in its report and notes that the legislation necessary to give effect to the Convention has not yet been adopted. In view of the scant progress made in this regard despite the comments it has been making for many years, the Committee again stresses that the draft Decree referred to by the Government in its report ensures application only of Articles, 1, 2, 3, paragraphs 1, 4 and 6; Articles 4, 5, paragraph 1; Articles 6, 9, paragraph 1; Articles 10, 11 and 12 of the Convention. There are as yet no regulations to give effect to Articles 3, paragraph 2 (conditions for signature of the agreement), 8 (information on conditions of employment on board), 9, paragraphs 2 (conditions for giving notice) and 3 (exceptional circumstances in which notice, even when duly given, shall not terminate the agreement), and 15 (measures to ensure compliance with the Convention).

The Committee notes in particular the information to the effect that the Legal Department of the Ministry of Labour and Social Security is at present in possession of the above-mentioned draft Decree, and has been informed of the Committee's previous observation. The Committee therefore trusts that, in its next report, the Government will be able to state that legislation has been adopted to ensure that full effect is given to the Convention.

With regard to Article 5, paragraph 2, the Committee notes that the seafarers' discharge book approved by Resolution No. 00591 of 1982 provides for mention of any misconduct on the part of the seafarer and the penalties imposed by captains and employers. This means that the discharge book would contain comments on the quality of the seaman's work. The Committee trusts that the Government will take the necessary steps to modify the discharge book so as to bring it into conformity with this provision of the Convention, which prohibits any such comments in documents issued to seamen for the purpose of recording their employment on board.

In addition, the Committee would be grateful if the Government would provide detailed information on the practical effect given to the Convention and, in particular, samples of articles of agreement, relevant collective agreements, extracts from inspection reports, statistics of the number of seamen signed on and the number and nature of contraventions reported (point V of the report form).

[The Government is asked to provide a detailed report in 1996.]

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With reference to its previous observation, the Committee notes the information supplied by the Government in its report to the effect that the draft Decree to give effect to the Convention is currently being revised by the Legal Office of the Ministry of Labour and Social Security. In this respect, the Committee notes that, if the above draft text were to be adopted in its current form, it would give effect to Articles 1, 2, 3 (paragraphs 1, 4 and 6), 4, 5 (paragraph 1 (in part)), 6, 9 (paragraph 1), 10, 11 and 12 of the Convention. Nevertheless, measures would still need to be taken to give effect to Article 3, paragraph 2 (conditions under which agreements are signed), Article 5, paragraphs 1 and 2 (form of the document, the particulars to be recorded and the manner in which they are to be entered), Article 8 (information on conditions of employment on board), Article 9, paragraph 2 (conditions governing the giving of notice) and paragraph 3 (exceptional circumstances in which notice even when duly given does not terminate the agreement), and Article 15 (measures to ensure compliance with the terms of the Convention). The Committee trusts that the Government will supply additional information on the adoption and coming into force of the above draft text and that it will take the necessary measures to ensure that effect is given to all the provisions of the Convention by specific legislative measures.

The Commmittee would also be grateful if the Government would supply detailed information on the effect given in practice to Articles 7, 13 and 14, and if it would provide the information called for in point V of the report form. Finally, the Government is requested to supply a copy of the document referred to in Article 5.

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In the comments it has been making for many years, the Committee has drawn the Government's attention to the need to adopt specific legislation for seafarers to give effect, in particular, to this Convention. For this purpose, a Bill on the work of seafarers was drafted in 1983 with the collaboration of an ILO expert. In its report for the period 1988-89, the Government stated that the above Bill was to be re-examined by the Ministry of Labour and Social Security owing to a recent change of Government. In its last report, the Government does not mention the Bill in question and refers to legislation that the Committee already examined years ago and found inappropriate for the specific case of seafarers. In information provided more recently, the Government states that section 53 of the new Political Constitution of Colombia, which has been in force since July 1991, provides that "duly ratified international conventions are part of domestic legislation". The Committee takes note of this information but wishes to recall that, notwithstanding, certain provisions of Convention No. 22 are not self-executing but require the authorities to take specific legislative measures for their application. The provisions in question are Article 3, Article 4, paragraph 1, Articles 5 and 8, Article 9, paragraphs 2 and 3 and Articles 11, 12 and 15. The Committee therefore trusts that the Government will spare no efforts to ensure that effect is given to the above-mentioned provisions of the Convention in the near future, and will provide information in this regard in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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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:

With reference to its previous observation, the Committee notes the information supplied by the Government in its report to the effect that it has not yet been possible to submit to Congress the Bill on the work of seafarers, which was prepared in 1983 with the collaboration of an ILO expert. The Committee trusts that it will be possible in the near future to adopt the above Bill, which is intended to give effect to this Convention.

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

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With reference to its previous observation, the Committee notes the information supplied by the Government in its report to the effect that it has not yet been possible to submit to Congress the Bill on the work of seafarers, which was prepared in 1983 with the collaboration of an ILO expert. The Committee trusts that it will be possible in the near future to adopt the above Bill, which is intended to give effect to this Convention.

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