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Article 3 of the Convention. Conditions and safeguards for the signature of the agreement. The Committee recalls that the Convention requires reasonable facilities to be given to the seafarer to examine the articles of agreement before they are signed (Article 3(1)), the agreement to be signed under conditions prescribed by national law (Article 3 (2)), and also adequate provisions to be made to ensure that the seafarer has understood the agreement (Article 3(4)). The Committee understands that the national legislation does not contain any provisions giving effect to the above requirements. Recalling that the same requirements have been incorporated in Standard A2.1(1)(b) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to indicate any provisions, legislative or other, that implement this Article of the Convention.
Article 14(2). Certificate. The Committee recalls its previous comment in which it noted that section 12 of Decree No. 1015 of 16 June 1995 does not implement this Article of the Convention since it does not refer to a document, other than the employment record, that seafarers have the right to obtain at all times from the master. In the absence of the Government’s reply on this point, the Committee again requests the Government to indicate how effect is given to this requirement of the Convention.
Part V of the report form. Practical application. The Committee notes the information provided by the Government concerning the recent changes in the labour inspection services. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including for instance, inspection results, samples of seafarers’ employment agreements and copies of applicable collective agreements.
Finally, the Committee recalls that the MLC, 2006, contains in Regulation 2.1, Standard A2.1 and Guideline B2.1 up-to-date and more detailed requirements on seafarer’s employment agreements that revise existing standards set out in Convention No. 22. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.
The Committee notes the adoption of Act No. 1242 of 2008 establishing the Code for Navigation and Port Activities on Rivers.
Article 6, paragraph 3(3), of the Convention. Particulars of the agreement. In the absence of any relevant information, the Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve needs not only to be specified in agreements for a voyage as provided in section 6(3) of Decree No. 1015 of 16 June 1995, but also in agreements for a definite or indefinite period.
Article 14, paragraph 2. Issue of a separate certificate on the quality of the seafarer’s work. In response to previous comments, the Government indicates that this provision of the Convention is implemented by section 12 of Decree No. 1015/1995. The Committee considers, however, that section 12 of Decree No. 1015/1995 in conjunction with Resolution No. 35 of 15 June 1995 is rather giving effect to Article 5(1) and (2) and Article 14(1) as it provides for a document (libreta de embarco), which contains a record of the seafarer’s employment on board and a discharge entry, without including any statement as to the quality of the seafarer’s work or as to wages. In contrast, Article 14(2) refers to a document other than the record of employment, namely a separate certificate as to the quality of the seafarers’ work, that seafarers have the right to obtain, at all times, from the master.
In this context, the Committee wishes to point out that the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, seafarers’ employment agreements, does not take over all provisions of the present Convention. Thus, the MLC, 2006, does neither require the indication in the agreement of the name of the vessel(s) (Article 6(3)(3) of Convention No. 22) nor the issue of a separate certificate on the quality of the seafarer’s work (Article 14(2) of Convention No. 22). The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, which would entail the denunciation of the present Convention. The Committee would appreciate if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006.
The Committee takes note of the information in the Government’s report.
Article 6, paragraph 3, of the Convention. Particulars of the agreement. The Government states that there has been no change in the legislation. The Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve must be specified not only in agreements for a voyage, as provided in article 6(3) of Decree No. 1015 of 1995, but also in agreements for a definite or for an indefinite period. The Committee firmly hopes that the Government will be in a position to indicate in its next report the measures taken or envisaged to require the name of the vessel to be specified in these agreements as well.
Article 9, paragraph 3. Non-termination of the agreement after the registration of the notice. In its last report, the Government provided information concerning suspension of an agreement and its consequences both for the seafarer and the shipowner. The Committee recalls that Article 9 of the Convention concerns voluntary termination of an agreement by either party and not suspension on extraneous grounds. According to Colombian legislation (article 7 of Decree No. 1015 of 16 June 1995), notice, even where properly given, will be void if the parties "agree to re-establish the terms and conditions of the agreement in full". The Committee again asks the Government to provide more detailed information in its next report on the practical effect given to this provision.
Article 14, paragraph 2. Issue of a separate certificate as to the quality of the seafarer’s work. The Committee notes with regret that the Government’s report contains no information on this point. It reminds the Government that, under this Article of the Convention, whatever the reason for the termination or rescission of the agreement, the seafarer has the right to obtain from the captain a separate certificate as to the quality of his work. The Committee requests the Government to take all necessary steps to bring its legislation and practice into line with this provision of the Convention and to provide information in its next report on developments in this matter.
The Committee notes that the Government’s report contains no reply to its previous direct request. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:
Referring also to its observation under the Convention, the Committee requests the Government to supply information on the following matters.
Article 6, paragraph 3(3). The Committee wishes to point out to the Government that under this Article of the Convention the name entered on the agreement of the vessels on which the seaman undertakes to serve extends not only to the contract for the voyage, as prescribed in section 6, paragraph 3, of Decree No. 1015 of 1995, but also to agreements made either for a definite period or for an indefinite period. The Committee requests the Government to indicate the measures taken or contemplated for including the names of the vessels on such agreements.
Article 6, paragraph 3(8). The Committee notes that Decree No. 1015 of 1995 makes no reference on the agreement to the mention of provisions. The Committee requests the Government to specify the system which applies in this matter and to supply the pertinent texts.
Article 7. The Committee notes the information supplied by the Government in its most recent report to the effect that this Article of the Convention does not constitute a requirement in national legislation. The Committee notes, however, that in its previous reports the Government declared that section 1500 of the Code of Commerce, points (5) and (7), and section 27 of Decree No. 2349 of 1971 made it compulsory for the captain to keep on board the register of the ship’s crew and that vessels must always carry a crew list on board. The Committee requests the Government to indicate what provisions are in force and, if these are the standards mentioned above, to indicate the measures adopted in national legislation to copy or attach the agreement to the crew list or register.
Article 9, paragraph 3. The Committee requests the Government to supply data about any exceptional circumstances laid down by national legislation (for example, force majeure) in which notice, although given in due form, shall not result in the termination of the agreement.
Article 14, paragraph 2. The Committee notes that under section 12 of Decree No. 1015 of 1995, the employer shall provide the seaman with a document recording his services. The Committee recalls that, under this Article of the Convention, the seaman has the right to obtain a separate certificate as to the quality of his work. The Committee requests the Government to indicate the measures taken or contemplated to guarantee that seamen can obtain a separate certificate as to the quality of their work.
Article 15. The Committee notes that in accordance with section 14 of Decree No. 1015 of 1995, the administrative labour authority supervises compliance with the Convention and the Decree. The Committee requests the Government to supply information on the methods used to ensure monitoring of the Convention and their effectiveness.
Referring also to its observation on the Convention, the Committee requests the Government to supply information on the following matters:
Article 7. The Committee notes the information supplied by the Government in its most recent report to the effect that this Article of the Convention does not constitute a requirement in national legislation. The Committee notes, however, that in its previous reports the Government declared that section 1500 of the Code of Commerce, points (5) and (7), and section 27 of Decree No. 2349 of 1971 made it compulsory for the captain to keep on board the register of the ship's crew and that vessels must always carry a crew list on board. The Committee requests the Government to indicate what are the provisions in force and, if these are the standards mentioned above, to indicate the measures adopted in national legislation to copy or attach the agreement to the crew list or register.
Article 14, paragraph 2. The Committee notes that under section 12 of Decree No. 1015 of 1995, the employer shall provide the seaman with a document recording his services. The Committee recalls that, under this Article of the Convention, the seaman has the right to obtain a separate certificate as to the quality of his work. Referring also to its comments on the application of Article 5, paragraph 2, of the Convention, the Committee requests the Government to indicate the measures taken or contemplated to guarantee that seamen can obtain a separate certificate as to the quality of their work.
1. With reference to its previous comments, the Committee notes with satisfaction that Decree No. 1015 of 16 June 1995, which issues the law approving the Convention, ensures conformity of the legislation with Article 1, Article 2, Article 3, Article 4, Article 5, paragraph 1; Article 6, paragraphs 1 and 2, Article 8, Article 9, paragraphs 1 and 2, Article 10, Article 11, Article 12 and Article 13, paragraph 1, of the Convention.
2. With regard to Article 5, paragraph 2, of the Convention, the Committee noted in its previous comments that the seafarers' discharge book provided by resolution No. 00591 of 1982 provides for mention of any misconduct on the part of the seafarer and the penalties imposed by captains and employers; this is in breach of this Article of the Convention which prohibits comments on the quality of the work on board. The Committee hopes that the Government will supply information on the measures taken or envisaged to ensure application of the Convention in this matter.
3. The Committee is also addressing a direct request to the Government on some other matters relating to the application of Article 6, paragraph 3(3) and (8), Article 7, Article 9, paragraph 3, and Article 14, paragraph 2, of the Convention.
The Committee notes the information supplied by the Government in its report and notes that the legislation necessary to give effect to the Convention has not yet been adopted. In view of the scant progress made in this regard despite the comments it has been making for many years, the Committee again stresses that the draft Decree referred to by the Government in its report ensures application only of Articles, 1, 2, 3, paragraphs 1, 4 and 6; Articles 4, 5, paragraph 1; Articles 6, 9, paragraph 1; Articles 10, 11 and 12 of the Convention. There are as yet no regulations to give effect to Articles 3, paragraph 2 (conditions for signature of the agreement), 8 (information on conditions of employment on board), 9, paragraphs 2 (conditions for giving notice) and 3 (exceptional circumstances in which notice, even when duly given, shall not terminate the agreement), and 15 (measures to ensure compliance with the Convention).
The Committee notes in particular the information to the effect that the Legal Department of the Ministry of Labour and Social Security is at present in possession of the above-mentioned draft Decree, and has been informed of the Committee's previous observation. The Committee therefore trusts that, in its next report, the Government will be able to state that legislation has been adopted to ensure that full effect is given to the Convention.
With regard to Article 5, paragraph 2, the Committee notes that the seafarers' discharge book approved by Resolution No. 00591 of 1982 provides for mention of any misconduct on the part of the seafarer and the penalties imposed by captains and employers. This means that the discharge book would contain comments on the quality of the seaman's work. The Committee trusts that the Government will take the necessary steps to modify the discharge book so as to bring it into conformity with this provision of the Convention, which prohibits any such comments in documents issued to seamen for the purpose of recording their employment on board.
In addition, the Committee would be grateful if the Government would provide detailed information on the practical effect given to the Convention and, in particular, samples of articles of agreement, relevant collective agreements, extracts from inspection reports, statistics of the number of seamen signed on and the number and nature of contraventions reported (point V of the report form).
[The Government is asked to provide a detailed report in 1996.]
With reference to its previous observation, the Committee notes the information supplied by the Government in its report to the effect that the draft Decree to give effect to the Convention is currently being revised by the Legal Office of the Ministry of Labour and Social Security. In this respect, the Committee notes that, if the above draft text were to be adopted in its current form, it would give effect to Articles 1, 2, 3 (paragraphs 1, 4 and 6), 4, 5 (paragraph 1 (in part)), 6, 9 (paragraph 1), 10, 11 and 12 of the Convention. Nevertheless, measures would still need to be taken to give effect to Article 3, paragraph 2 (conditions under which agreements are signed), Article 5, paragraphs 1 and 2 (form of the document, the particulars to be recorded and the manner in which they are to be entered), Article 8 (information on conditions of employment on board), Article 9, paragraph 2 (conditions governing the giving of notice) and paragraph 3 (exceptional circumstances in which notice even when duly given does not terminate the agreement), and Article 15 (measures to ensure compliance with the terms of the Convention). The Committee trusts that the Government will supply additional information on the adoption and coming into force of the above draft text and that it will take the necessary measures to ensure that effect is given to all the provisions of the Convention by specific legislative measures.
The Commmittee would also be grateful if the Government would supply detailed information on the effect given in practice to Articles 7, 13 and 14, and if it would provide the information called for in point V of the report form. Finally, the Government is requested to supply a copy of the document referred to in Article 5.
In the comments it has been making for many years, the Committee has drawn the Government's attention to the need to adopt specific legislation for seafarers to give effect, in particular, to this Convention. For this purpose, a Bill on the work of seafarers was drafted in 1983 with the collaboration of an ILO expert. In its report for the period 1988-89, the Government stated that the above Bill was to be re-examined by the Ministry of Labour and Social Security owing to a recent change of Government. In its last report, the Government does not mention the Bill in question and refers to legislation that the Committee already examined years ago and found inappropriate for the specific case of seafarers. In information provided more recently, the Government states that section 53 of the new Political Constitution of Colombia, which has been in force since July 1991, provides that "duly ratified international conventions are part of domestic legislation". The Committee takes note of this information but wishes to recall that, notwithstanding, certain provisions of Convention No. 22 are not self-executing but require the authorities to take specific legislative measures for their application. The provisions in question are Article 3, Article 4, paragraph 1, Articles 5 and 8, Article 9, paragraphs 2 and 3 and Articles 11, 12 and 15. The Committee therefore trusts that the Government will spare no efforts to ensure that effect is given to the above-mentioned provisions of the Convention in the near future, and will provide information in this regard in its next report.
[The Government is asked to report in detail for the period ending 30 June 1993.]
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
With reference to its previous observation, the Committee notes the information supplied by the Government in its report to the effect that it has not yet been possible to submit to Congress the Bill on the work of seafarers, which was prepared in 1983 with the collaboration of an ILO expert. The Committee trusts that it will be possible in the near future to adopt the above Bill, which is intended to give effect to this Convention.
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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.