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Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Trinidad and Tobago (RATIFICATION: 1999)

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The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound, inter alia, by Convention No. 147. In this regard, the Committee notes the Government’s indication that necessary measures are being taken to give effect to the MLC, 2006, including through the adoption of a Shipping Bill, 2020 and the drafting of relevant supporting regulations. The Committee requests the Government to provide information on any developments regarding the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.
Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article 2(a)(ii) of the Convention. Social security measures. In reply to its previous comments, the Committee notes the Government’s indication that the Shipping Act, 1987 (Chapter 50:10) was drafted with the understanding that matters related to social security measures would be addressed under other laws, as well as specific agreements between shipowners and seafarers, as applicable. The Government also refers to the Shipping Bill, 2020, which shall seek to address the issue of social security for seafarers. The Committee requests the Government to provide information on any developments regarding the legislation providing substantially equivalent protection to seafarers concerning social security.
Article 2(d)(i). Complaints with respect to the engagement of seafarers. In its previous comments, the Committee requested the Government to take the necessary measures to give effect to Article 2(d)(i). While noting the information on the preparation of the Shipping Bill, 2020, the Committee requests the Government once again to adopt the necessary measures to implement Article 2(d)(i).

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Article 2(a)(ii) of the Convention. Social security measures. In its previous comment, the Committee requested the Government to determine which of the three Conventions it intends to apply for the purpose of substantial equivalence (Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130)). The Committee notes that the Government’s report does not provide an answer to its request. Instead, it indicates that although social security measures and equivalent provisions to the relevant ILO Conventions are not provided for in the Shipping Act of Trinidad and Tobago, the Ministry of Works and Transport is conducting a review of the Maritime Labour Convention, 2006, as amended (MLC, 2006) Regulations 4.1 (medical care on board ship and ashore), 4.2 (shipowner’s liability) and 4.5 (social security), with a view towards their eventual adoption as national law. While noting this information, the Committee recalls that in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the appendix to this Convention, even if the Member has not ratified them. The Committee therefore requests the Government once again to determine and to indicate which of the three Conventions (No. 55, No. 56 or No. 130) it intends to apply for the purpose of substantial equivalence concerning social security measures.
Article 2(d)(i). Complaints with respect to the engagement of seafarers. The Committee had requested the Government to indicate any specific rules or regulations setting out the practical arrangements for the examination of complaints concerning the engagement of seafarers. The Government indicates that the Ministry of Works and Transport is in the process of developing procedures based on the provisions of Regulations 5.1.5, 5.2.2 and the corresponding Code of the MLC, 2006. The Committee requests the Government once again to take the necessary measures to give effect to this provision of the Convention, and to provide a copy of any legislation adopted in this regard.
Article 4. Port State control. Practical application. In its previous comments, the Committee requested the Government to describe the procedures put in place to verify compliance of foreign-flagged ships calling in Trinidad and Tobago ports with the standards of this Convention. The Committee notes the Government’s indication that the Ministry of Works and Transport (Maritime Services Division) implements and enforces guidelines and procedures for port State control provided by the Procedures for Port State Control 2011 (IMO Resolution A. 1052 (27)) and the ILO Guidelines for Port State Control Officers. The Committee further notes the information provided by the Government on the number of inspections of foreign vessels, port State inspectors, ships found with deficiencies and detentions. The Committee takes notes of this information.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(a)(ii). Social security measures. The Committee notes the Government’s indication that detailed provisions on shipboard conditions of employment including seafarers’ health protection are set out in Part VIII of the Shipping Act (Chapter 50:10), and that additional regulations governing those areas are forthcoming. The Committee, notes, however, that the Government has provided no response regarding which of the three Conventions, that is the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intends to apply for the purposes of this Convention, and thus the Committee is unable to assess the substantial equivalence of its social security legislation to the requirements of the selected Convention. The Committee again requests the Government to determine which of these three Conventions it intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of any relevant laws or regulations which may not have been previously communicated to the Office.
Article 2(d)(i). Complaints with respect to the engagement of seafarers. The Committee notes the Government’s previous indication that under section 153 of the Shipping Act, the Registrar of Seamen is empowered to receive complaints arising in connection with the engagement of seafarers on Trinidad and Tobago-flagged ships. The Committee requests the Government to indicate any specific rules or regulations setting out the practical arrangements for the examination of complaints.
Article 4. Port State control – Practical application. Recalling the Government’s earlier indication that no measures are necessary in respect of this Article of the Convention, the Committee again requests the Government to describe the procedures put in place for verifying compliance of foreign-flagged ships calling in Trinidad and Tobago ports with the standards of this Convention and to give details on the practical functioning of existing arrangements (for example, number of inspectors, statistics on inspections carried out and results obtained, number of ships detained, sample copies of inspection checklists or inspection report forms, and activity reports of port authorities).
Finally, the Committee wishes to recall that Convention No. 147 has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee invites the Government to provide information on any action taken or planned for the ratification of this Convention.

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Article 2(a)(ii). Social security measures. The Committee notes the Government’s indication that detailed provisions on shipboard conditions of employment including seafarers’ health protection are set out in Part VIII of the Shipping Act (Chapter 50:10), and that additional regulations governing those areas are forthcoming. The Committee, notes, however, that the Government has provided no response regarding which of the three Conventions, i.e. the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intends to apply for the purposes of this Convention, and thus the Committee is unable to assess the substantial equivalence of its social security legislation to the requirements of the selected Convention. The Committee again requests the Government to determine which of these three Conventions, it intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of any relevant laws or regulations which may not have been previously communicated to the Office.
Article 2(d)(i). Complaints with respect to the engagement of seafarers. The Committee notes the Government’s previous indication that under section 153 of the Shipping Act, the Registrar of Seamen is empowered to receive complaints arising in connection with the engagement of seafarers on Trinidad and Tobago-flagged ships. Recalling that detailed provisions on complaint-handling procedures have been incorporated in Regulations 5.1.5, 5.2.2 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to indicate any specific rules or regulations setting out the practical arrangements for the examination of complaints.
Article 2(e). Qualification of seafarers. Further to its previous comment, the Committee notes the Government’s indication that the Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002 are being upgraded to include also officers. The Committee requests the Government to provide copies of the amended regulations once they are adopted. It also requests the Government to indicate whether training programmes cover aspects such as accident prevention, navigation, seamanship, use of electronic aids, ship handling, signalling, cargo handling and stowage, ship maintenance, medical care, use of life-saving and fire-fighting equipment, as recommended by the Dock Work Convention, 1973 (No. 137).
Article 4 and Part IV of the report form. Port State control – Practical application. The Committee notes that according to the Caribbean Memorandum of Understanding on Port State Control (CMOU) Annual Report 2010, Trinidad and Tobago carried out the second greatest number of port State inspections among the CMOU members, with 174 inspections in 2010. Recalling the Government’s earlier indication that no measures are necessary in respect of this Article of the Convention, the Committee again requests the Government to describe the procedures put in place for verifying compliance of foreign-flagged ships calling in Trinidad and Tobago ports with the standards of this Convention and to give details on the practical functioning of existing arrangements (e.g. number of inspectors, statistics on inspections carried out and results obtained, number of ships detained, sample copies of inspection checklists or inspection report forms, and activity reports of port authorities).
Finally, the Committee wishes to recall that Convention No. 147, together with 36 other international maritime labour Conventions, has been revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovative and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee wishes to highlight the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers, as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. The Committee requests the Government to keep the Office informed of any action taken or planned for the ratification and effective implementation of the MLC, 2006. It also requests the Government to indicate any follow-up to the Hemispheric Conference on Rapid and Widespread Ratification and Effective Implementation of Maritime Labour Convention, 2006 (MLC), which took place in Barbados from 7 to 9 September 2009.

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The Committee notes the Government’s report and the detailed answers in regard to Articles 1, paragraph 3, of the Convention; 2(a) (Conventions Nos 22, 68, 73, 92 and 134); as well as to Article 2(b)(i).

Article 2(a)   of the Convention. Conventions listed in the Appendix to Convention No. 147, but not ratified by Trinidad and Tobago. 

Conventions Nos 55, 56 and 130. Under Convention No. 147, Trinidad and Tobago is bound to apply non-ratified Conventions listed in the appendix to Convention No. 147 on the basis of the principle of “substantial equivalence”.

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

The Government states that it is currently reviewing the “2004 ILO Consolidated Convention”, thus presumably the Maritime Labour Convention, 2006 (MLC, 2006). In this context, the Committee wishes to point out that, while the MLC, 2006 consolidates, inter alia, Conventions Nos 55 and 56, it nevertheless, in its Title 4.5, places responsibilities on States with regard to social security protection for seafarers on board ships flying their flag. Present application of social security instruments will, therefore, also be of relevance to the future application of the MLC, 2006.

Article 2(b)(ii). Supervision of social security measures. Please indicate how the supervision of the observance on board ships of social security measures prescribed by national laws or regulations is exercised (see also under Article 2, paragraph (a).

Article 2(d)(i). Complaints. The Committee requests the Government to indicate the procedures which provide for investigation of complaints arising in connection with the engagement of seafarers on ships registered in its territory.

Article 2(e). Qualification of seafarers. Section 26, paragraph 1, of the Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002, states that a company shall ensure that a seafarer on the company’s ship has received training and holds a certificate appropriate to the function the seafarer is required to perform. The information contained in the certificate includes data on the seafarer’s experience, and medical fitness. Information on the content of certificates is, however, limited to the Shipping (Certification of Seamen) (Engine Room Ratings) Regulations, 2001, and the Shipping (Certification of Seamen) (Deck Ratings) Regulations, 2001. The Committee again asks the Government to provide information on the measures taken in law and practice to ensure that all classes of seafarers employed on ships registered in Trinidad and Tobago are properly qualified and trained for the duties for which they are engaged.

Article 4. Port State control. In its report, the Government states that this provision is not applicable. The Committee requests the Government to indicate whether it is exercising port State control on ships. It asks the Government to provide information as to whether it has received any complaints or has obtained evidence that a ship calling in a Trinidad and Tobago port does not conform to the standards of this Convention and whether it has taken measures necessary to rectify any conditions on board which are clearly hazardous to safety or health. Please indicate the number and nature of cases considered and the action taken.

Part IV of the report form. Practical application. In its report, the Government states that this part of the report form is not applicable. As the Committee is convinced, however, that the Convention is applied in practice in Trinidad and Tobago, it again requests the Government to provide an appreciation of the manner in which the Convention is applied in your country, including extracts from reports of the authority or authorities responsible for the application of the Convention.

Lastly, the Government states that it is currently reviewing the Maritime Labour Convention, 2006, which is the up to date international instrument in the field and the ratification of which would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on any consultations which have been held on this matter.

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The Committee notes the Government’s first and second reports on the application of the Convention. It would appreciate receiving further information on the following issues.

Article 1, paragraph 3, of the Convention. Seagoing tugs. The Government report states that the relevant national legislation applies to seagoing tugs. The specific statutory instrument is however not indicated. Please specify which statutory instrument is referred to in the report as giving effect to this provision of the Convention.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147,
but not ratified by Trinidad and Tobago)

Conventions Nos. 55, 56, and 130. In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

Convention No. 73. Article 4, paragraph 3. Please indicate the provisions in national law attesting the hearing of a seafarer.

Article 5, paragraph 2. Please indicate the period of validity of colour vision certificates.

Article 5, paragraph 3. Please indicate the provisions in national law providing that, if the period of validity of a certificate expires in the course of a voyage, that certificate shall continue in force until the end of that voyage.

Furthermore, the Committee wishes to point to the availability of the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, available in printed form or on the ILO’s web site under http://www.ilo.org/public/english/dialogue/sector/techmeet/ilowho97/index.
htm.

Convention No. 134. Article 4. Please provide regulations and provisions giving effect to this Article, and more particularly those giving effect to the nine specific subjects listed in Article 4, paragraph 3, of the Convention.

Article 7. Please indicate provisions ensuring that, from amongst the crew of the ship, a suitable person or suitable persons, or a suitable committee responsible, under the master, for accident prevention, is appointed.

The Committee wishes to point out that, should there be a lack of regulations concerning occupational safety and health, the ILO’s code of practice on accident prevention on board ship at sea and in port is available in print form and on the ILO’s web site under http://www.ilo.org/public/english/support/publ/pdf/
accident.pdf.

Convention No. 68. Article 5. Food and water supplies. Substantial equivalence for the purposes of this provision requires food and water supplies which are suitable in quantity, nutritive value and quality to secure the health of the crew. Please indicate provisions in national law regulating food and water supply.

Convention No. 92. Please provide a copy of the Shipping (Crew Accommodation) Regulations, 1996.

Convention No. 22

Article 3(3), (5) and (6), and Article 4. Please indicate the specific provisions of the national legislation giving effect to these provisions.

Article 5. Please indicate the specific provisions of the national legislation governing the issuance of maritime books and provide a sample of such book.

Article 6(3)(10)(c). Please indicate if an 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.

Article 6(3)(5). Please indicate whether the agreement provides for the indication of the voyage or voyages to be undertaken.

Article 6(3)(11). Please indicate the national provisions concerning annual leave with pay.

Article 8. Please indicate specific provisions of national law laying down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment.

Article 9. Please indicate specific provisions of the national legislation governing the termination of agreements made for an indefinite period.

Articles 11 and 12. Please provide information concerning the circumstances, as determined by national law, in which the owner or master may immediately discharge a seafarer, and in which the seafarer may demand his immediate discharge.

Article 14, paragraph 1. Please indicate whether under national law, in case of termination or rescission of the engagement contract, an entry showing that he has been discharged shall be made in the maritime book issued to the seafarer and in the list of crew.

Article 14, paragraph 2. Please indicate whether under national law the seaman has the right to obtain, in addition to the maritime book, from the master, a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement.

Article 2, paragraph (b)(i) of Convention No. 147. Effective jurisdiction or control in respect of safety standards, including standards of competency, hours of work and manning, prescribed by national laws and regulations. Please provide statistical information on ship inspections, broken down to indicate which inspections have dealt with matters relevant to the present Convention (not only those related to SOLAS, the Load Lines Convention and the International Regulations for Preventing Collisions at Sea).

Article 2, paragraph (b)(ii). Social security measures. Please indicate, how the supervision of the observance on board ships of social security measures prescribed by national laws or regulations is exercised (see also under Article 2(a)).

Article 2, paragraph (d)(i). Complaints. Please indicate the relevant provisions of national legislation or other legal instrument, which provide for investigation of complaints arising in connection with the engagement of seafarers.

Article 2, paragraph (e). Qualification of seafarers. Section 26(1) of the Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002, states that a company shall ensure that a seafarer on its ship has had training and holds a certificate in respect of a function he is required to perform on the ship, and documentation including data on his experience, training, medical fitness, and competence in respect of his assigned duties. Please provide information on the measures taken in law and practice to ensure that seafarers employed on ships registered in your country are properly qualified or trained for the duties for which they are engaged.

Article 4. Port State control. Please describe any measures taken in pursuance of this Article and give information on the functioning of these measures (such as the number and nature of cases considered and the nature of any action taken).

Part IV of the report form. Practical application. Please provide an appreciation of the manner in which the Convention is applied in your country, including extracts from reports of the authority or authorities responsible for the application of the Convention.

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The Committee notes the Government’s first report. It requests the Government to provide additional information on the following point.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147, but not ratified by Trinidad and Tobago).

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

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