CMNT_TITLE

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Papua New Guinea (RATIFICATION: 1976)

Other comments on C022

Direct Request

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The Committee notes the Government’s indication that there has been no further developments concerning the possible ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006), and that this issue is still pending at the National Executive Council Secretariat for deliberation. The Committee has been informed that, based on the recommendations of the Special Tripartite Committee established under MLC, 2006, the Governing Body has decided that member States for which Convention No. 22 is in force should be encouraged to ratify the MLC, 2006 (see GB.334/LILS/2(Rev.)). In this context, the Committee requests the Government to provide information on any future developments in this regard.

Article 12 of the Convention. Immediate discharge. In its previous comments, the Committee noted that in the context of the Government’s preparations for the ratification of the MLC, 2006, a new Merchant Shipping Regulation (Seafarers Conditions of Employment) had been drafted under the Merchant Shipping Act. It noted, in particular, draft section 9(3) and (9) which sets out the circumstances in which a seafarer may terminate the employment agreement for justified reasons and is entitled to repatriation, including in the event of shipwreck, shipowner’s insolvency, sale of ship, change of ship’s registration, or voyage towards a war zone. In this context, the Committee requested the Government to specify any other cases in which a seafarer may demand his/her immediate discharge independently from his/her entitlement to repatriation. The Committee notes the Government’s indications that there is no other case in which a seafarer may demand his/her immediate discharge. Noting that the above mentioned draft Merchant Shipping Regulation (Seafarers Conditions of Employment) has not been adopted yet, the Committee requests the Government to indicate the status of this draft Regulation and to provide a copy of its text once adopted.