Seamen's Articles of Agreement Convention, 1926 (No. 22) - Djibouti (RATIFICATION: 1978)

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In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

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The Committee notes with regret 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:

The Committee notes the information contained in the Government’s report. It asks the Government to keep it informed of any future developments with respect to the number of seagoing vessels coming within the scope of the Convention.

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The Committee notes the information contained in the Government’s report. It asks the Government to keep it informed of any future developments with respect to the number of seagoing vessels coming within the scope of the Convention.

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The Committee notes the information contained in the Government's report to the effect that there are no shipowners in Djibouti. In view of the comments it has been making for several years on the application of Articles 5, paragraph 2; 6, paragraph 3(1) to (4), (7), (8) and (11); 9 and 11 to 14, of the Convention, the Committee would be grateful if the Government would indicate the number of ships registered in Djibouti to which the Convention applies.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct requests, the Committee notes with interest the information provided by the Government concerning Article 5, paragraph 2 (the agreement may not contain any statement as to the seamen's wages) and Article 6, paragraph 3(1) to (4), (7), (8) and (11), of the Convention (particulars to be mentioned in the agreement). It notes, however, that the Government's report contains no reply to its previous comments concerning Article 9, paragraph 2, and Articles 13 and 14 (certain conditions relating to the termination or rescission of the agreement).

The Committee also notes that, at present, a number of difficulties are being encountered in incorporating into the national maritime legislation Article 9, paragraphs 1 and 3, concerning the period of notice for the termination of the agreement, and in particular that outside the country a seafarer may not obtain his discharge without the permission of the Maritime Authority. It notes too that, as yet, there is no national law determining the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect, in accordance with Articles 11 and 12 of the Convention.

The Committee hopes that the Government will take the necessary steps to give effect to all the above-mentioned provisions of the Convention and will provide all the requisite information.

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With reference to its previous direct requests, the Committee notes with interest the information provided by the Government concerning Article 5, paragraph 2 (the agreement may not contain any statement as to the seamen's wages) and Article 6, paragraph 3(1) to (4), (7), (8) and (11), of the Convention (particulars to be mentioned in the agreement). It notes, however, that the Government's report contains no reply to its previous comments concerning Article 9, paragraph 2, and Articles 13 and 14 (certain conditions relating to the termination or rescission of the agreement).

The Committee also notes that, at present, a number of difficulties are being encountered in incorporating into the national maritime legislation Article 9, paragraphs 1 and 3, concerning the period of notice for the termination of the agreement, and in particular that outside the country a seafarer may not obtain his discharge without the permission of the Maritime Authority. It notes too that, as yet, there is no national law determining the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect, in accordance with Articles 11 and 12 of the Convention.

The Committee hopes that the Government will take the necessary steps to give effect to all the above-mentioned provisions of the Convention and will provide all the requisite information.

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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:

With reference to its previous direct request, the Committee notes from the Government's report that its comments will be taken into account in the preparation of the texts that will be issued to apply the Maritime Code. The Committee recalls that these comments concerned, in the first place, the need to give effect to Article 5, paragraph 2 (regarding the prohibition of the statement concerning wages), Article 6, paragraph 3, subparagraphs 1-4, 7, 8 and 11, Article 9, paragraph 2, and Articles 13 and 14 of the Convention and also the following points:

Article 9, paragraphs 1 and 3. Under section 127, subsection 3, of the Maritime Code, the seaman is prohibited from disembarking abroad without the authorisation of the maritime authority. Under these provisions of the Convention, the seaman may, provided that the specified notice has been given, terminate an agreement for an indefinite period in any port where the vessel loads or unloads (paragraph 1), unless there are exceptional circumstances, which must be determined by national law (paragraph 3). The Committee expresses once again the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Articles 11 and 12. Please indicate the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect.

CMNT_TITLE

With reference to its previous direct request, the Committee notes from the Government's report that its comments will be taken into account in the preparation of the texts that will be issued to apply the Maritime Code. The Committee recalls that these comments concerned, in the first place, the need to give effect to Article 5, paragraph 2 (regarding the prohibition of the statement concerning wages), Article 6, paragraph 3, subparagraphs 1-4, 7, 8 and 11, Article 9, paragraph 2, and Articles 13 and 14 of the Convention and also the following points:

Article 9, paragraphs 1 and 3. Under section 127, subsection 3, of the Maritime Code, the seaman is prohibited from disembarking abroad without the authorisation of the maritime authority. Under these provisions of the Convention, the seaman may, provided that the specified notice has been given, terminate an agreement for an indefinite period in any port where the vessel loads or unloads (paragraph 1), unless there are exceptional circumstances, which must be determined by national law (paragraph 3). The Committee expresses once again the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Articles 11 and 12. Please indicate the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect.