Repatriation of Seamen Convention, 1926 (No. 23) - Uruguay (RATIFICATION: 1933)

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The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

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The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite International Standards Group. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. The Committee requested information from the Government on the repatriation of seafarers in the event of shipwreck. It notes that the Government refers to section 12 of Act No. 16.387 of 27 June 1993 and section 13 of Decree No. 426/994 of 20 September 1994, on merchant ships and the right to fly the national flag. The Committee observes, however, that although these provisions require merchant ships flying the national flag to transport shipwrecked seafarers free of charge, the legislation does not guarantee the right of seafarers to repatriation in the event of shipwreck. The Committee accordingly asks the Government once again to indicate the measures taken to give effect to Article 4 of the Convention.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Articles 3–5 of the Convention. Compulsory medical certificate. The Committee previously noted the absence of any regulatory provisions on special health cards for seafarers that give effect to the provisions of the Convention, and requested the Government to send information on progress made in this regard. The Committee notes with satisfaction the adoption of Maritime Provision No. 162/016 of 15 April 2016 on the maritime health certificate, which responds to its earlier requests regarding seafarers’ medical certificates.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Articles 3 and 4 of the Convention. Legislation to ensure the application of the Convention. The Committee drew the Government’s attention to the absence of any laws ensuring the application of technical standards on the accommodation of crews laid down in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and in Part I of this Convention. The Committee notes with interest the adoption of Circular DIRME No. 014/16 of 29 September 2016, under which ships and floating structures must comply with ILO technical standards which are subject to inspection by the Technical Committee of the Registry and Merchant Marine Directorate (DIRME–COTEC).

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Article 4 of the Convention. Entitlement to repatriation. The Committee recalls that the Convention provides that the expenses of repatriation shall not be a charge on the seafarer if he or she has been left behind by reason of, among others, shipwreck. However, the Committee understands that, in the event of shipwreck, national legislation only provides for the circumstances under which accrued salaries or special benefits may be paid to crew members, under sections 1179 to 1184 of the Commercial Code. The Committee requests the Government to provide additional explanations on this point. In this respect, the Committee draws the Government’s attention to the fact that a similar requirement has been incorporated in Standard A2.5(1)(b)(ii) and (c), and Guideline B2.5.1(1) of the Maritime Labour Convention, 2006 (MLC, 2006), which provides that seafarers are entitled to repatriation when they terminate their employment agreement for justified reasons or when they are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.

Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including, for instance, available statistics, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee recalls that the MLC, 2006, contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 up-to-date and detailed requirements on repatriation that revise existing standards set out in Conventions Nos 23 and 166. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

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The Committee notes the information communicated by the Government. It would like to draw the Government’s attention to the following points.

Article 3, paragraph 4, of the Convention. Repatriation of foreign seamen. For a number of years, the Government has indicated that no legislative amendments have been made and refers, in respect of the application of the Convention, to information provided in its previous reports. It would therefore appear that current legislation does not contain any provisions governing the repatriation of foreign seamen. Section 24 of Decree No. 426/994 of 24 September 1994 provides, however, that at least 75 per cent of crew members and officers employed on board national merchant vessels, including the captain, the chief engineer and the radio operator, shall be of Uruguayan nationality. This percentage may be reduced to 50 per cent by virtue of section 26 of this text, provided that the vessel involved is one formerly flying the flag of a MERCOSUR country and the foreign crew members on board this vessel are from such country. The Committee recalls that, according to the Convention, the conditions under which a foreign seaman engaged in his own country or in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The Committee therefore asks the Government to provide full information on the organization of the repatriation of foreign crew members employed on board ships flying the Uruguayan flag.

Part V of the report form. Statistical information. With its report, the Government communicated general statistical data concerning protected workers and the number of undertakings inspected in 2004 and the first six months of 2005. The Committee requests the Government to communicate, in its next report, statistics referring specifically to seamen, which indicate, for instance, the number of seamen repatriated in the year covered by the report, the number and nature of violations reported and subsequent action taken, etc.