Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Belice (Ratificación : 2014)

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified ten Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006, for Belize. The Committee notes the observations of the Belize Chamber of Commerce and Industry (BCCI) and the National Trade Union Congress of Belize communicated with the Government’s report. The Committee notes that Belize has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 General Observation, the Committee encourages the Government to accept the 2014 amendments. The Committee further notes that the amendments to the Code approved by the International Labour Conference in 2016 entered into force for Belize on 8 January 2019. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented by Merchant Shipping Notices and Resolutions of the International Merchant Marine Registry of Belize (IMMARBE), in particular by resolution DG-004 on the Maritime Labour Convention, 2006 (MLC, 2006) of 1 May 2013 (resolution DG-004). It further notes the Government’s information that section 3(1) of the International Labour Organization Conventions Act grants the MLC, 2006, the force of law in Belize. Section 4 thereof provides that: “This Act shall be read and construed as being in addition to, and not in derogation of, the provisions of the Labour Act, but where there is a conflict between the provisions of this Act and the Labour Act, the provisions of this Act shall prevail.” While taking note of these provisions, the Committee observes the inconsistency between some national provisions and resolution DG-004. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions and therefore requests the Government to harmonize its legislation to ensure full conformity with the requirements of the Convention.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that Part A, section 10, of resolution DG-004 provides for a list of personnel that, taking into account the criteria provided in resolution VII “will not generally be considered as seafarers for the purpose of the MLC, 2006”. The Committee notes that this list includes, inter alia, guest entertainers and technical personnel in platforms or Mobile Offshore Drilling Units (MODUs). The Committee notes in particular that guest entertainers have been included in this list, without any reference to the duration of their stay on board. The Committee requests the Government to indicate how the decision to exclude this category of persons takes account of the fact that, according to resolution VII “persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board”. It also requests the Government to provide information on the consultations required under Article II, paragraph 3, of the Convention. With regard to personnel working on MODUs, the Committee notes that, under Part A, section 11, of resolution DG-004, “persons who, due to their training and qualifications are covered by the regulations of the STCW Convention, shall be considered seafarers”. The Committee further notes that MODUs do not appear to be excluded from the definition of ships under the relevant legislation. The Committee recalls that the Convention does not allow for the partial application of its provisions if the ship concerned is a ship covered by the Convention and if the workers concerned come within the definition of “seafarer” in the Convention. The Committee requests the Government to indicate the measures adopted to ensure that all seafarers working on MODUs enjoy the protection provided by the Convention.

Article V. Implementation and enforcement responsibilities. The Committee notes the Government’s information that IMMARBE is the competent authority having power to issue and enforce regulations, orders or other instructions in respect of subject matters covered by the Convention, as well as to carry out inspections on board any ship covered by the Convention and to issue certificates (or to authorize recognized organizations (ROs) accordingly). The Committee notes the BCCI’s observation that it is imperative that the competent authority for implementation of the Convention, i.e. IMMARBE, be monitored by an overseeing body to ensure that it is meeting compliance procedures. The Committee requests the Government to provide its comments in this respect.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. List of types of hazardous work. The Committee notes the Government’s indication that under Part B, section 1(2), of resolution DG-004, the employment, engagement or work of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety. Regarding the types of work that have been determined to be likely to jeopardize the health or safety of seafarers under 18, the Government refers to Part B, section 1(5) of the same resolution, providing that no seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook. The Committee notes the observations of the BCCI questioning whether the work as ship’s cook is the only type of work likely to jeopardize the health or safety of seafarers. In this regard, the Committee recalls that, pursuant to Standard A1.1, paragraph 4, the types of work, which is likely to jeopardize the health and safety of seafarers shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to adopt the list of such types of work after consultation with shipowners’ and seafarers’ organizations.

Regulation 2.5 and Standard A2.5.1, paragraph 1. Repatriation. Circumstances. The Committee notes that Part C, section 5(10), of Resolution DG-004, enumerates, among others, the following circumstances in which seafarers lose their entitlement to repatriation: “ (…) (b) entering into a new employment agreement with the same Shipowner, after the seafarer’s disembarking; (c) entering into a new employment agreement with a different Shipowner, within a week following the seafarer’s disembarking (…)”. Noting that these possibilities are not foreseen in the Convention, the Committee requests the Government to indicate the measures taken to ensure that the provisions in national law which deprive seafarers of the right to repatriation are limited to the circumstances permitted in the Convention. The Committee also requests the Government to identify any protections in place to ensure that, in the above mentioned situations, the maximum duration of service period on board is respected, in accordance with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the model seafarers’ employment agreement (SEA) supplied by the Government provides that the maximum period of service on board may not be “more than 12 months”. Similarly, Annex VI to resolution DG-004, i.e. the “seafarers’ repatriation provisions” to be provided to all seafarers by the shipowner and signed by the master and the seafarer, indicate that the maximum period of service on board “may not exceed 12 months”. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum period of service on board shall be “less than 12 months”. In this regard, it observes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, Members shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. While recalling that Belize is not bound by the 2014 amendments, the Committee takes note of the provisions of Merchant Maritime Notice MMM-16-004, which partially implement Standard A2.5.2. It also notes that Part C, section 5(5), of resolution DG-004 provides that all ships that fly the flag of Belize must provide the competent authority with evidence of financial security to ensure that seafarers are duly repatriated. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraphs 2 and 3. Manning levels. Excessive hours of work. Food and catering. The Committee notes that Part C, section 7, of resolution DG-004, section 5, of the Registration of Merchant Ships (Safe Manning, Hours of Work and Watchkeeping) Regulations (section 24) (Chapter 236), and Merchant Shipping Notice MSN-0041 provide for the requirements that all ships that fly Belizean flag have a sufficient number of seafarers to ensure that ships are operated safely, efficiently and with due regard to security under all conditions. The Committee requests the Government to provide information on procedures developed to determine, approve or revise manning levels, specifying how they take into account: (i) the need to avoid or minimize excessive hours of work and limit fatigue; and (ii) the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. It also requests the Government to supply for each type of ship (passenger, cargo, etc.), a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. Consultations. The Committee notes that Part D of resolution DG-004 gives effect to Regulation 3.1 and the Code. While noting that the above resolution provides for possible exemptions in accordance with the Convention, the Committee observes that no reference is made to prior consultations with the shipowners’ and seafarers’ organizations concerned, as required under Standard A3.1, paragraphs 9(a) and (m), 10(a), 11(b), 15 and 20. The Committee requests the Government to provide information on measures adopted to fully comply with the Convention in this regard.

Regulation 3.2 and Standard A3.2, paragraphs 2 (c), 3 and 4. Food and catering. Training. The Committee notes that Part D, section 3, of resolution DG 004 establishes the circumstances in which seafarers can qualify as ships’ cooks, including serving at sea for a minimum period to be prescribed by IMMARBE and having passed an examination prescribed by IMMARBE or an equivalent examination at an approved training course for cooks, or hold a certificate of qualification as ships’ cook issued by countries which have ratified the MLC, 2006. The Committee requests the Government to provide information on any training course approved or recognized by the competent authority pursuant to Standard A3.2, paragraph 4 and Guideline B3.2.2, paragraph 1(b).

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Committee notes that Part E of resolution DG-004 mainly reproduces the requirements of Regulation 4.1 and the Code. It observes, however, that some of these requirements need to be further developed by national laws and regulations, and in particular: (i) the specifics of medical chest and medical equipment and the inspections’ interval (Standard A4.1, paragraph 4(a), and Guideline B4.1.1, paragraph 4); and (ii) the level of approved training in medical care and medical first aid required (Standard A4.1, paragraph 4(c)). The Committee requests the Government to indicate the measures adopted to implement these requirements of the Convention.

The Committee notes the observations of the National Trade Union Congress of Belize that the proposed legislation should include a mechanisms or a clearly outlined process which can be utilized to address a case where a worker becomes gravely ill while working on-board a vessel out in high seas, especially if there is no medical practitioner or a suitably qualified doctor. The Committee requests the Government to provide its comments in this respect.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that Part E, section 1(5), of resolution DG-004 provides that all ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained. If the ship is equipped with a system of satellite communication, the ship should also carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. The Committee recalls that Standard A4.1, paragraph 4(d), also provides for the adoption of laws and regulations requiring coastal States to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to provide information on the measures adopted to comply with this requirement.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee notes that Part E, section 2(6), of resolution DG-004 determines the circumstances in which the shipowner may be excluded from liability that include cases in which: (i) the seafarer refuses medical treatment for sickness or injury or is denied such treatment because of misconduct or default; (ii) the seafarer at the time of engagement refuses to be medically examined; or (iii) death is caused directly by war or an act of war, declared or undeclared. The Committee notes that Standard A4.2.1, paragraph 5, provides for an exhaustive list of circumstances in which the shipowner’s liability might be excluded and that the circumstances of death caused directly by war or an act of war are not included in that list. The Committee requests the Government to indicate the measures adopted to ensure full conformity with this provision of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. While recalling that Belize is not bound by the 2014 amendments, the Committee takes note of the provisions of Merchant Maritime Notice MMM-16-004, which partially implement Standard A4.5.1, paragraphs 8 to 14, and to Standard A4.2.2. The Committee takes note of this information.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that Part E, section 3, of resolution DG-004 contains programmatic provisions, which substantially reproduce the Convention requirements. The Committee recalls, however, that under Standard A4.3, paragraphs 1 and 2, Members are required to develop concrete measures, such as policies and programmes and on-board programmes for the prevention of accidents and injuries, as well as requirements for the reporting and investigation of on-board occupational accidents, which detail the respective obligations of shipowners, masters, seafarers and others concerned. It also notes that the Government has provided no examples of documents, e.g. a Declaration of Maritime Labour Compliance (DMLC), Part II, outlining the shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). The Committee requests the Government to provide detailed information on laws, regulations and other measures adopted to give effect to Standard A4.3, paragraphs 1 and 2 of the Convention. It recalls that such measures shall be regularly reviewed in consultation with the representatives of shipowners’ and seafarers’ organizations (Standard A4.3, paragraph 3). The Committee also requests the Government to provide information on the procedures for investigating and reporting on-board occupational accidents (Standard A4.3, paragraphs 1(d), 5 and 6).

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee requests the Government to provide information on the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health on board ships that fly its flag, as required under Regulation 4.3, paragraph 2, of the Convention, and to supply a copy thereof once adopted.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that Part E, section 4, of resolution DG-004 provides that seafarers shall be granted shore leave to access shore-based welfare facilities. It also notes, however, the Government’s indication that there are currently no shore-based facilities operating in the country and that plans for the development thereof are currently being discussed by the competent authority. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on measures adopted in the future to promote the development of welfare facilities in appropriate ports determined after consultation with shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Belize: sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. In this connection, the Committee notes that, while the Government has provided limited information on the application of Regulation 4.5, the Social Security Act, Chapter 44, establishes a comprehensive social security system, which covers seafarers. It further notes that the National Insurance CARICOM reciprocal agreement on social security is in effect for Belize, which provides that insured persons, including persons employed on board ships flying the flag of a contracting party, are entitled to benefits from one or more of the social security organizations in the various CARICOM members for which they qualify. The Committee notes that First Schedule, Part I, paragraph 3, of the Social Security Act includes as insurable employment: “Employment whether within or outside Belize of a person domiciled or having a place of residence in Belize, (a) as master or member of the crew of any ship or vessel, or as a pilot, commander, navigator or member of the crew of any aircraft, being a ship, vessel or aircraft of which the owner (or the managing owner, if there is more than one owner) or the Chief Executive Officer resides or has his principal place of business in Belize; or (b) in any other capacity for the purposes of such ship, vessel or aircraft, or of the crew thereof, or of any passenger, or cargo or mails carried thereby. Provided that the contract of service is entered into in Belize with a view to its performance in whole or in part while the ship or vessel or aircraft is on its voyage.” The Committee requests the Government to clarify whether under this provisions all seafarers ordinarily resident in Belize who work on board a ship flying the flag of a foreign country (that is not party to the CARICOM reciprocal agreement on social security), are entitled – regardless of the place of conclusion of the contract or of the place of residence or business of the employer – to benefits from social security protection in the branches specified, no less favourable than that enjoyed by shoreworkers (Regulation 4.5, paragraph 3).

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes that Part E, section 5(2), of resolution DG-004 requires shipowners who employ seafarers on board their ships that are from a country or territory that is not a party to the Convention to ensure that they are provided with social security protection. The Committee requests the Government to provide information on any concrete measures adopted under Standard A4.5, paragraph 6.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee notes that Part F, section 1.2, of resolution DG-004 mainly reproduces the Convention requirements on authorization of recognized organizations (ROs), providing that IMMARBE may recognize organizations as competent and independent, for the purpose of carrying out inspections or certification of ships and to this purpose shall review the competency and independence of the organizations concerned. However, the Government does not provide information on the operational details on the review of the competence and independence of ROs, including information on any system established for oversight and communication of relevant information to authorized organizations. The Committee requests the Government to provide detailed information on the measures adopted to give effect to Regulation 5.1.2 and Standard A5.1.2, including an example of an agreement with a classification society. It also requests the Government to provide a current list of recognized organizations, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that the Government has not provided a copy of the DMLC, Part I, nor an example of DMLC, Part II, which has been drawn up by a shipowner and certified by the competent authority. Recalling the significance of establishing a system for ensuring compliance with the requirements of Regulation 5.1.3, the Committee requests the Government to supply these documents.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 14 and 15. Flag State responsibilities. End of validity of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. The Committee notes that Part F, section 1.3(15), of resolution DG-004, enumerates the cases in which a maritime labour certificate “may” be withdrawn, which include, but are not limited, to: (a) on recommendation of the Belizean officers or the authorized RO, that the ship concerned does not comply with the requirements implementing the provisions of this resolution; (b) any accepted corrective action plan to rectify serious deficiencies has not been implemented; and (c) the measures in the Declaration of Maritime Labour Compliance, Part II, are not implemented on board. The Committee recalls that Standard A5.1.3, paragraph 16, provides that a maritime labour certificate “shall” be withdrawn if there is evidence that the ship concerned does not comply with the requirements of the Convention and any required corrective action has not been taken. The Committee requests the Government to indicate the measures adopted to ensure full conformity with this requirement of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Qualified Inspectors. Independence. Confidentiality. The Committee notes that Part F, section 1.4, of resolution DG-004 establishes basic rules on inspection and enforcement in line with Regulation 5.1.4 of the Convention. However, it observes that the Government provides no information on the implementation of requirements concerning: qualifications and training of inspectors and their independence from changes of government and from improper external influences; and confidentiality; inspection reports; and compensation for any loss of damage from the wrongful exercise of inspectors’ powers. The Committee requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 6, 10, 11, 12, 16 and 17.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that no written procedures exist in this regard. The Committee draws the Government’s attention to the detailed requirements of Regulation 5.2.2 and the Code providing that seafarers on ships calling at the Member’s port who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights), have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2 and Standard A5.2.2 of the Convention.

Additional documents requested. The Committee notes that the Government has not provided the following documents: an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1); a copy of the national interim maritime labour certificate (Standard A.5.3, paragraphs 5, 6 and 7); a copy of the annual reports on inspection activities (Standard A5.1.4, paragraph 13); a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7); a copy of any national guidelines issued to flag State inspectors (Standard A5.1.4, paragraph 7); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); or a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7. The Committee would be grateful if the Government would provide the above-mentioned documents.