Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repatriation of Seamen Convention, 1926 (No. 23) - Ukraine (Ratification: 1970)

Article 3(1) of the Convention. Entitlement to repatriation. Further to its previous comment, the Committee recalls that section 55 of the Merchant Shipping Code (Act No. 176/95-BP), is not fully consistent with this Article of the Convention that recognizes the seafarers’ right to repatriation every time they are landed during the term of their engagement or on its expiration. Recalling that the seafarers’ entitlement to repatriation is set out in equally general terms in Standard A2.5(1) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his/her engagement or on its expiration, the seafarer will be entitled to repatriation irrespective of who should bear the expenses.

Article 4(d). Repatriation expenses. Further to its previous comment, the Committee notes that under section 55 of Act No. 176/95-BP, shipowners are liable to bear the costs of repatriation in the event of repatriation due to: (i) termination of employment by the shipowner or an authorized representative; (ii) seafarer’s illness or injury; (iii) shipwreck; or (iv) shipowners’ inability to meet their obligations arising from legislation or relevant agreements. Recalling that Article 4(d) requires shipowners to also bear the costs for repatriation of seafarers who have been left behind by reason of discharge for any cause for which they cannot be held responsible, the Committee requests the Government to take measures to ensure, in law and in practice, that the costs of repatriation in these situations are borne by the shipowner. The Committee recalls that the same requirement is expressed in similar terms in Standard A2.5(1)(b) of the MLC, 2006 which confers the right to repatriation when the seafarers’ employment agreement is terminated by the shipowner, or by the seafarer for justified reasons.

Part V of the report form. Practical application. The Committee requests the Government to supply information of a general nature, including for instance, statistics on the number of seafarers covered by the Convention, extracts from official reports, copies of relevant parts of collective agreements, and any difficulties encountered in the practical application of the Convention.

Finally, the Committee recalls that Convention No. 23, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006 which contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 the most up-to-date standards on repatriation. 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 on any steps taken towards the early ratification and effective implementation of the MLC, 2006.