Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Djibouti (Ratification: 1978)

The Committee notes, from the Government's report, that no progress has been achieved in the implementation of the Convention and that the regulations to be issued under Act No. 212/AN/82 have not yet been adopted. It is therefore bound to renew its previous comments, which concerned the following points:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.