Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s report and the detailed answers in regard to Articles 1, paragraph 3, of the Convention; 2(a) (Conventions Nos 22, 68, 73, 92 and 134); as well as to Article 2(b)(i).

Article 2(a)   of the Convention. Conventions listed in the Appendix to Convention No. 147, but not ratified by Trinidad and Tobago. 

Conventions Nos 55, 56 and 130. Under Convention No. 147, Trinidad and Tobago is bound to apply non-ratified Conventions listed in the appendix to Convention No. 147 on the basis of the principle of “substantial equivalence”.

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

The Government states that it is currently reviewing the “2004 ILO Consolidated Convention”, thus presumably the Maritime Labour Convention, 2006 (MLC, 2006). In this context, the Committee wishes to point out that, while the MLC, 2006 consolidates, inter alia, Conventions Nos 55 and 56, it nevertheless, in its Title 4.5, places responsibilities on States with regard to social security protection for seafarers on board ships flying their flag. Present application of social security instruments will, therefore, also be of relevance to the future application of the MLC, 2006.

Article 2(b)(ii). Supervision of social security measures. Please indicate how the supervision of the observance on board ships of social security measures prescribed by national laws or regulations is exercised (see also under Article 2, paragraph (a).

Article 2(d)(i). Complaints. The Committee requests the Government to indicate the procedures which provide for investigation of complaints arising in connection with the engagement of seafarers on ships registered in its territory.

Article 2(e). Qualification of seafarers. Section 26, paragraph 1, of the Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002, states that a company shall ensure that a seafarer on the company’s ship has received training and holds a certificate appropriate to the function the seafarer is required to perform. The information contained in the certificate includes data on the seafarer’s experience, and medical fitness. Information on the content of certificates is, however, limited to the Shipping (Certification of Seamen) (Engine Room Ratings) Regulations, 2001, and the Shipping (Certification of Seamen) (Deck Ratings) Regulations, 2001. The Committee again asks the Government to provide information on the measures taken in law and practice to ensure that all classes of seafarers employed on ships registered in Trinidad and Tobago are properly qualified and trained for the duties for which they are engaged.

Article 4. Port State control. In its report, the Government states that this provision is not applicable. The Committee requests the Government to indicate whether it is exercising port State control on ships. It asks the Government to provide information as to whether it has received any complaints or has obtained evidence that a ship calling in a Trinidad and Tobago port does not conform to the standards of this Convention and whether it has taken measures necessary to rectify any conditions on board which are clearly hazardous to safety or health. Please indicate the number and nature of cases considered and the action taken.

Part IV of the report form. Practical application. In its report, the Government states that this part of the report form is not applicable. As the Committee is convinced, however, that the Convention is applied in practice in Trinidad and Tobago, it again requests the Government to provide an appreciation of the manner in which the Convention is applied in your country, including extracts from reports of the authority or authorities responsible for the application of the Convention.

Lastly, the Government states that it is currently reviewing the Maritime Labour Convention, 2006, which is the up to date international instrument in the field and the ratification of which would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on any consultations which have been held on this matter.