Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4. Medical care. Under section 140 of the Shipping Code, a seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5. Cash benefits. Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations, from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be 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. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.