Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report. The Committee also notes that three years after it had formulated its previous direct request, replies from the Maritime Transport Sector (competent authority) are still outstanding. It hopes that the Maritime Transport Sector will provide them soon.

Article 5, paragraph 1, of the Convention. The Committee has not received a reply to the request concerning this provision. It requests the Government again to indicate whether national legislation contains any provisions relating to the particulars to be recorded in a seafarer’s employment record.

Article 5, paragraph 2.  Since a reply to the Committee’s previous request has not been received, the Committee once again recalls that under this provision, the document given to the seafarer containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seafarer’s work or as to his wages. It notes that the national seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made.

Article 6, paragraph 3(1). The Committee notes that the word "mawten" (موطن) in the Arabic text of section 116, paragraph 2, of the Maritime Trade Act No. 8 of 1990 has several meanings (e.g. country of origin, birthplace or domicile). It requests the Government to indicate how it is ensured that the place of birth is entered into the articles of agreement and not, for example, the domicile. The Committee hopes to receive the reply to its previous request with the Government’s next report.

Article 6, paragraph 3(3). The Committee recalls that the name of the vessel or vessels on board which the seafarer undertakes to serve must be entered into the articles of agreement. By entering the name(s) only into the seafarer’s passport, but not into his articles of agreement, the Convention is not applied adequately. The Committee asks the Government to take the necessary measures in order to give effect to this provision of the Convention and to keep it informed on any progress made.

Article 6, paragraph 3(10)(b). Section 116(2) of the Maritime Trade Act No. 8 of 1990, regulates that if the contract is made for one voyage, the contract shall mention the date of the voyage and the ports of departure and destination. The Committee requests the Government to indicate how it is ensured that the time, which has to expire after arrival at the destination before the seafarer shall be discharged, is entered in the articles of agreement.

Article 10(c). Section 134, paragraph 2, of the Maritime Trade Act No. 8 of 1990 implies that only the employer may terminate the contract in case of shipwreck, but not the seafarer. The Committee recalls that Article 10, paragraph (c), and Article 15 of the Convention require a contract to be terminated by law in case of loss or total unseaworthiness of the vessel. Termination of the contract shall not only depend on the will of the employer. The Committee requests the Government to take the necessary steps to adjust the national legislation.

Article 13. Seafarer’s right to claim his discharge. The Committee notes the information supplied.

Article 14, paragraph 1. The Government states that in case of termination of the maritime contract, an entry shall be made in the maritime passport at the request of the seafarer. The Convention, however, requires an entry to be made, whether or not the seafarer has requested it. It further requires that whatever the reason for the termination or rescission of the agreement, an entry shall be made both in the document issued to the seafarer in accordance with Article 5 and in the list of crew showing that he has been discharged, and such entry shall, at the request of either party, be endorsed by the competent public authority. The Committee requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in law and practice.