Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Maritime Labour Convention, 2006 (MLC, 2006) - Saint Kitts and Nevis (Ratification: 2012)

Other comments on C186

Direct Request

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The Committee takes note of the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018 entered into force for Saint Kitts and Nevis (SKN) on 26 December 2020.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Scope of application. Seafarer. National determination. In reply to its previous comment, Committee notes that the Government’s indication that according to Maritime Circular 51 13, Clause 2.3.3, if there is doubt as to whether a particular group of people should be considered seafarers, the matter will be decided by SKN Register, in collaboration with the Director, after consultation with the relevant shipowner and seafarers’ organizations, as necessary. The Committee takes note of this information and requests the Government to report on any cases of doubts which may be raised in the future, in particular in light of its comments under Article VII below.

Article VII. Consultations. In reply to its previous comment, the Committee notes the Government’s indication that there are no shipowners’ associations in SKN and that once it is established, a formal approach would be made to such organization in all matters pertaining to seafarers. The Government further indicates that SKN Tripartite Committee is engaged on behalf of shipowners and seafarers. The Committee requests the Government to provide information on the composition and activities of the SKN Tripartite Committee related to the implementation of the Convention.

Regulation 1.1, paragraph 1, and Standard A1.1, paragraph 1. Minimum age. In reply to its previous comment, the Committee notes the Government’s indication that the Attorney General Chambers have been contacted to provide technical assistance regarding the amendment of section 5 of the Employment of Women, Young Persons and Children Act and section 116 of the Merchant Shipping Act to put them in line with Standard A1.1, paragraph 1 of the Convention. While noting this information, the Committee requests the Government to adopt the necessary measures to amend these sections to ensure full conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night Work. In reply to its previous comment, the Committee notes that the Government indicates that the Attorney General Chambers has been contacted for clarification on the question raised by the Committee. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to its previous comments, the Committee notes the Government’s indication that engagement or work of seafarers under the age of 18 is rare. When this occurs, seafarers must be issued with a Basic Safety Training certificate following their cadetship. It is also a minimum requirement for those applying to work onboard a SKN vessel to apply for a Continuous Discharge Certificate (CDC) book and the supporting documentation. While noting this information, the Committee requests the Government once again to indicate the measures taken to prohibit hazardous work for young seafarers in accordance with Standard A1.1, paragraph 4 of the Convention. It further requests the Government to indicate the measures taken or envisaged to determine, after consultation with the shipowners’ and seafarers’ organizations concerned, the types of work deemed to be hazardous for seafarers under the age of 18, as required by this provision of the Convention.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes the Government’s indication that based on its previous comment, an amendment was drafted by competent authority, in discussion with the relevant stakeholders, including tripartite committee and submitted to the Attorney General Chambers for signature by the Minister responsible for the Department of Maritime Affairs. The Committee accordingly requests the Government to transmit copy of the amended version of Merchant Shipping (Medical Examination) Regulations, 2012 (No. 16 of 2012) once adopted.

Regulation 2.3 and Standard A2.3,paragraph 5(b). Hours of work and hours of rest. Limits. In reply to its previous comment, the Committee notes the Government’s indication that (i) the Attorney General Chambers has been contacted to provide technical assistance regarding the implementation of this provision of the Convention, and (ii) Minimum Safe Manning Documents/Certificates are issued in accordance with the IMO guidelines and primarily address operational safety in addition to ensuring that ship managers and their crew adhere to the appropriate hours of work and rest. While noting this information, the Committee requests the Government once again to take the necessary measures to amend the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012) to ensure full compliance with the requirement of ten hours of rest in any 24 hour period and 77 hours in any seven-day period, stated in Standard A2.3, paragraph 5(b).

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. In reply to its previous comment, the Committee notes the Government’s indication that it acknowledged the said comment and will ensure compliance with the Convention. The Committee requests the Government to provide information on cases of authorizations to forgo minimum annual leave given by the Director of Maritime Affairs under Section 10(4) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations, No. 27 of 2013.

Regulation 3.1 and Standard A3.1, paragraphs 2 (a) and 20. Accommodation and recreational facilities. Implementation. Exemptions for ships of less than 200 gross tonnage. With reference to its previous comment, the Committee notes that the Government does not provide information on the application of Standard A3.1, paragraph 2(a) of the Convention. The Committee therefore requests the Government once again to specify if the laws and regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention. The Committee further requested the Government to confirm that inspections required under Regulation 5.1.4 are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered and to provide the relevant legislative or regulatory references. In the absence of information in this regard, the Committee reiterates its previous request. With regards the exemption made under section 15(17) of the of the MLC Regulations (No. 27 of 2013) in connection with the requirements on hospital accommodation, the Committee notes the Government’s reply that the Attorney General Chambers has been contacted to address this section to ensure compliance with the convention. Recalling that such exemption related to ships of less than 200 gross tonnage is not permitted under Standard A3.1, paragraph 20, the Committee expects that section 15(17) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) will be amended to fully comply with the requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering. Organization and equipment. In reply to its previous comment, the Committee notes that the Government’s indication that there are no new developments since its last report. The Committee accordingly requests the Government once again to indicate how it ensures that ships flying the SKN flag meet the minimum standards as regards the organization and equipment of the catering department, for example through the issuance of specific instructions or guidance.

Regulation 3.2 and Standard A3.2, paragraph 6. Food and catering. Dispensation of a non-fully qualified cook. In reply to its previous comment, the Committee notes the Government’s indication that no dispensations for unqualified cooks have been granted since its last report. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. In reply to its previous comment, the Committee notes the Government’s indication that Circular No. MC/51/13 dated July 2013 on Procedures and Guidance for certification for the MLC, 2006, provides that attention is brought to Maritime Circular MC/12/09 concerning the services offered by the International Radio Medical Centre for 24-hour assistance in the event of a medical emergency (section 10.6, Health Protection and Medical Care). The Committee takes note of this information.

Regulation 4.3 and Standard A4.3, paragraphs 1-3. Health and safety protection and accident prevention. In its previous comment, the Committee requested the Government to indicate if the standards and guidelines, as well as the basic national occupational safety and health policy and programme for ships referred to in section 19(2) and (3) of the Merchant Shipping (Maritime Labour Convention, 2006, as amended) Regulations (No. 27 of 2013), have been adopted by the Director of Maritime Affairs to give effect to Regulation 4.3, paragraphs 1–3 of the Convention. In its reply, the Government indicates that the Department of Maritime Affairs is seeking technical assistance to develop a national occupational safety and health policy. The Committee takes note of this information and requests the Government to provide information on any concrete measures adopted to give effect to these provisions of the Convention.

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Development of shore-based welfare facilities in appropriate ports. Welfare boards. In reply to its previous comment, the Committee notes the Government’s indication that there are no Seafarers welfare centres in SKN. However, the establishment of such facilities in the Federation is strongly being considered. While noting this information, the Committee requests the Government to provide information on any concrete measures taken to promote the development of welfare facilities at appropriate ports of the country as well as the establishment of welfare boards, as provided for in section 20 of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) in conformity with Standard A4.4, paragraphs 2 and 3, of the Convention.

Regulation 4.5, paragraph 1. Social security. Dependants of seafarers. In reply to its previous comment, the Committee notes the Government’s reference to Chapter 22.10 revised Social Security Act Part VII, section 52(d), which however, are not relevant in this context. The Committee accordingly requests again the Governmentto indicate the legal provisions which ensure that dependants of seafarers ordinarily resident in SKN are provided with social security protection.

Regulation 4.5 and Standard A4.5, paragraphs 1 to 3. Social security.Protection for seafarers ordinarily resident in its territory. In reply to its previous comment, the Committee notes the Government’s indication that there are only 20 seafarers resident in the country and there none of this work on conventional size vessels flying the SKN flag. While noting the limited number of seafarers resident in the country, the Committee requests the Government to indicate the measures taken to ensure that they benefit from the social security coverage offered by the Convention.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In its previous comment, the Committee requested the Government provide information on any measures adopted under Standard A4.5, paragraph 6 to provide benefits to seafarers in ships flying the St Kitts and Nevis flag comparable to those provided to seafarers resident in the country. Noting the absence of reply, the Committee once again requests the Government to any measures taken under Standard A4.5, paragraph 6.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. In its previous report, the Committee requested the Government to consider amending the DMLC, Part I, so as to ensure that it contains, to the extent necessary, concise information on the main content of the national requirements and not only provides a reference to the relevant national legal provisions embodying the requirements of the Convention. In its reply, the Government indicates that it will comply with the requirement of the Convention. The Committee requests once again the Government to amend the DMLC to give effect to Standard A5.1.3, paragraph 10(a) of the Convention and to provide a copy of the new DMLC once adopted.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Qualified inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that the majority of inspections for MLC, 2006, compliance are carried out by exclusive class surveyors of the Recognized Organizations (RO) approved by SKN. The ROs are duly bound to ensure that all Class Surveyors assigned to inspect/survey SKN registered vessels are suitably qualified and are responsible for ensuring appropriate levels of training are maintained in accordance with Class Society rules. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 6, 11(a) and 17. Flag State responsibilities. Status and conditions of service of inspectors. In reply to its previous comment, the Committee notes the Government’s indication that the Administration and in particular the Technical & Survey Manager, will review any applications for Flag State Inspectors prior to engagement and adjudicate whether such applicant is suitable for engagement. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Powers of inspectors. In reply to its previous comment, the Committee notes the Government’s indication that prior to assignment to inspect a SKN registered ship, Flag State Inspectors are briefed via written or verbal communication. Any areas of interest to the Administration are disclosed and inspectors are required to report on such matters. In view of the lack of information on this issue, the Committee requests the Government once again to indicate whether inspectors are issued with a copy of the ILO’s Guidelines for flag State inspections under the Maritime Labour Convention, 2006, or similar national guidelines and/or policy. Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Compensation in case of wrongful exercise of the inspectors’ powers. In reply to its previous comment, the Committee notes the Government’s indication that upon receipt of any allegation or complaint of wrongful exercise of powers, a full investigation would take place and appropriate action taken against the inspector if found at fault. It further notes that no prior case of wrongful exercise of powers has occurred. While noting this information, the Committee requests the Government to indicate the laws and regulations giving effect to Standard A5.1.4, paragraph 16.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. In its previous comment, the Committee requested the Government to modify its model of on-board complaint handling procedures so as to guarantee, in all cases, that seafarers have the right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. In its reply, the Government indicates that onboard complaints procedures are strongly recommended to be compliant with all MLC Regulations. Such procedures are usually company procedures established by the Ship Managers. While noting this information, theCommittee requests the Government to modify its model of on-board complaint handling procedures so as to guarantee, in all cases, that seafarers have the right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Regulation 5.2.1 and Standard A5.2.1, paragraphs 1 to 8. Guidance provided to Port State control officers. The Committee notes that, in reply to its previous comment, the Government indicates that Port State Officers are governed by Port State (Merchant Shipping Regulations) No. 34 of 2008 which SKN is seeking to amend. It further indicates that SKN is party to the Caribbean MoU on Port State Control, which provides the guidelines for all Member States, in conjunction with IMO requirements. The Committee requests the Government to provide detailed information on the procedures established to give full effect to Regulation 5.2.1, paragraph 2 and Standard A5.2.1, paragraphs 1 to 8.

[ The Government is asked to reply in full to the present comments in 2026 .]