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

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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s reports have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

Repetition

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 1 and 2 of the Convention. Unemployment indemnity in case of shipwreck. Further to its previous comment, the Committee refers to the two implementing texts, i.e., the Merchant Shipping Act of 1975, as amended, and the Seamen (Unemployment Indemnity) Act 1951, and recalls that certain discrepancies exist between these two texts. More concretely, whereas section 123(2)(a) of Merchant Shipping Act provides that a seafarer is not entitled to unemployment compensation in case of shipwreck if it is proven that he/she has not made reasonable efforts to save the ship, no similar exception is to be found in the Seamen (Unemployment Indemnity) Act. The Committee recalls, in this regard, that under this Convention, the payment of unemployment indemnity may not be subject to such conditions as the seafarer’s efforts to save the vessel. In addition, whereas section 100(2)(b) of the Merchant Shipping Act generally excludes seafarers employed on board pleasure craft from the application of Part V of this Act, which governs the payment of unemployment benefits in the event of shipwreck, and section 101(1) empowers the Authority on advice of the Minister to exempt particular ships or classes of ships from the obligations of Part V, no similar provisions are contained in the Seamen (Unemployment Indemnity) Act. In this respect, the Committee recalls that the Convention applies to “all ships and boats of any nature whatsoever”. The Committee requests the Government to review sections 100(2)(b), 101(1) and 123(2)(a) in order to ensure conformity with the Convention, and to provide information on the steps taken in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. The Committee requests the Government to provide information on the progress made towards the adoption of these Regulations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 12 of the Convention. Immediate discharge. Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. It notes, 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. The Committee notes that this provision follows closely the requirements of Standard A2.5(1)(b)–(c) and Guideline B2.5(1)(b) of the MLC, 2006. The Committee requests the Government to specify any other cases in which a seafarer may demand his/her immediate discharge independently from his/her entitlement to repatriation.

In addition, the Committee draws the Government’s attention to Standard A2.1(6) of the MLC, 2006, which requires national laws or regulations to determine the circumstances in which the termination of the employment agreement would be justified, for instance for compassionate or other urgent reasons, with a notice shorter than seven days or without notice. The Committee would be grateful if the Government would provide any further clarifications in this respect.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, any standard form of crew agreement and discharge document currently in use, sample copies of seafarers’ employment agreements, copies of applicable collective agreements and inspection results showing any infringements observed and action taken.

Finally, noting the maritime legislative review process through the collaborative efforts of the National Maritime Safety Authority, the Department of Transport and the Department of Labour and Industrial Relations, the Committee requests the Government to keep the Office informed of any progress made towards the rapid ratification and effective implementation of the MLC, 2006, and to transmit copies of any new legislative texts once they have been adopted.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 12 of the Convention. Immediate discharge. In comments it had been making for many years, the Committee had noted that no provision in the relevant maritime legislation allowed for circumstances in which a seafarer may demand his/her immediate discharge. It recalls that the Government had declared its intent to make the necessary addition to the maritime legislation in this respect when the Merchant Shipping Act is next reviewed. The Committee notes from the Government’s report that, in light of the labour law review being pursued by the Ministry of Labour and Industrial Relations, it is possible that the relevant maritime legislation will also be looked at, a matter which will have to be discussed with the Ministry of Transport. The Committee once again requests the Government to take the necessary steps to bring the legislation in line with the Convention and to report in detail on any progress made in this regard.

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

Article 12 of the Convention. In comments it had been making for many years, the Committee had noted that no provision in the relevant maritime legislation allowed for circumstances in which a seafarer may demand his immediate discharge. It recalls that the Government had declared its intent to make the necessary addition to the maritime legislation in this respect when the Merchant Shipping Act is next reviewed. The Committee notes from the Government’s report that, in light of the labour law reviews currently being pursued by the Ministry of Labour and Industrial Relations, it is possible that the relevant maritime legislation will also be looked at, a matter which will have to be discussed with the Ministry of Transport. The Committee urges the Government to take the necessary steps to bring the legislation in line with the Convention as well as to report in detail on any progress made in this regard.