Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report does not contain any replies to the previous comments. It hopes that the next report will provide full information on the points raised in its last direct request, which read as follows:

The Committee notes from the Government’s report, that one fee-charging employment agency continued to operate in Colombia pursuant to the provisions of the Labour Code, Decree No. 3115 of 1997, and Decree No. 24 of 1998.

The Committee recalls that under Article 2, paragraph 1, of the Convention, the business of finding employment for seamen shall not be carried on by any person, company, or other agency, as a commercial enterprise for pecuniary gain; nor shall any fees be charged directly or indirectly by any person, company or other agency, for finding employment for seamen on any ship. Under Article 3, paragraph 1, notwithstanding the provisions of Article 2, any person, company or agency, which has been carrying on the work of finding employment for seamen as a commercial enterprise for pecuniary gain, may be permitted to continue temporarily under government licence, provided that such work is carried on under government inspection and supervision, so as to safeguard the rights of all concerned. Under Article 3, paragraph 2, each Member which ratifies this Convention agrees to take all practicable measures to abolish the practice of finding employment for seamen as a commercial enterprise for pecuniary gain as soon as possible.

Colombia ratified Convention No. 9 in 1933, i.e. almost 70 years ago, and yet private agencies finding employment for seamen are still continuing to operate, even though fees are not borne by the seaman. The Committee asks the Government to take all necessary steps to bring the national legislation and practice into conformity with the requirements of the Convention and to report on any progress made in this respect.

The Committee recalls that the Governing Body of the International Labour Office invited the States parties to Convention No. 9 to contemplate ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the ratification of which will, ipso jure, involve the immediate denunciation
of Convention No. 9 (see paragraphs 47 to 51, GB.273/LILS/4(Rev.1), November 1998) and will allow recruitment and placement agencies to operate for pecuniary gain, under the conditions set out in the aforementioned Convention. The Committee would be grateful if, in its next report, the Government would transmit information on any consultations held with this aim.