- National determinations

Pursuant to the report submitted by the Government of Curaçao on 02 September 2019 under Article 22 of the ILO Constitution, Article 3, paragraph 2 of the DML (Decree regarding the temporary implementation of the Maritime Labour Convention) states that “In the provisions laid down by or pursuant to this Decree, a seafarer is understood to mean a natural person who works, in any capacity, on bord a ship.” Paragraph 2 states that “Ministerial Regulation with general operation, categories of activities on board a ship can be designated, after consultation with Ships’ Operators and Seafarers, or representative organizations thereof, in which case the persons who perform these activities are not considered Seafarers.” Instruction to RO No. 22 states that “2.2 Seafarer A seafarer is any person who is employed or engaged or works in any capacity on board a ship to which the MLC applies. The Administration, taking into account the criteria provided in Resolution VII, considers that the following persons will not be considered as seafarers for the purpose of the MLC 2006: i. passengers; ii. relatives and family of seafarers, not engaged in any activity related to the regular operations on board the ship; iii. military personnel, surveyors, inspectors and pilots, as mentioned in article 1, part b of the Netherlands Pilots Act; iv. persons on board ships in a port or port facility, as mentioned in article 1, sub f respectively c, of the Port Security Act; v. other persons whose occupations are not part of the regular activities on board the ship. In case of doubt, these cases might be determined by the procedure as referred to below.”

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