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

Seafarers' Welfare Convention, 1987 (No. 163) - Mexico (Ratification: 1990)

Article 1(1) of the Convention. Welfare facilities and services. The Committee notes the information provided by the Government in its report regarding the scope of application of collective agreement 1025/90 concluded between the Maritime company TMM and the Association of Captains and Naval Pilots, section 56 of which provides for on board facilities such as colour television, video players, books and board games. The Committee also notes the Government’s reference to various provisions of other collective agreements which nonetheless relate to social security coverage and medical treatment of seafarers and therefore bear no relevance with the requirements of this Convention. The Committee recalls, in this connection, that the term “welfare facilities and services” for the purposes of this Convention means welfare, cultural, recreational and information facilities and services and draws the Government’s attention to paragraphs 11, 12 and 23 of the Seafarers’ Welfare Recommendation, 1987 (No. 173), which provides further guidance in this regard.

Article 2. Welfare facilities in port and on board ship. The Committee recalls that, in an earlier report, the Government mentioned that there were six seafarer centres (Casas del Marino) in Mexico. However, detailed particulars on the welfare facilities and services that these centres might offer have never been provided. In addition, the Committee notes that section 214 of the Federal Labour Act provides for the issuance of regulations on the financing and operation of the seafarer centres and the contributions of employers. The Committee requests the Government to supply further information concerning the facilities and services offered in the seafarer centres located in the ports of Veracruz, Manzanillo Colima and Mazatlán. Furthermore, the Committee requests the Government to clarify whether any regulations have so far been issued under section 214 of the Federal Labour Act.

Articles 5 and 6. Review of welfare facilities and services – International cooperation. In the absence of information addressing this point, the Committee requests the Government to indicate how it is ensured in law and practice that welfare facilities and services for seafarers are frequently reviewed, as required by Article 5 of the Convention. In addition, the Committee recalls that the Convention calls for international cooperation with a view to ensuring the application of its provisions, and therefore requests the Government to indicate any measures taken or envisaged in this respect.

Part V of the report form. Practical application. The Committee would be grateful if the Government could provide information on the manner in which the Convention is applied in practice, including, for instance, the nature, location and number of welfare facilities and services in Mexican ports and on board Mexican-flagged ships, relevant clauses of applicable collective agreements, any projects or programmes currently implemented with the assistance of the International Committee on Seafarers’ Welfare (ICSW), as well as any difficulties encountered in the application of the Convention.

Finally, the Committee seizes this opportunity to recall that most of the provisions of Convention No. 163 have been incorporated in Regulation 4.4, Standard A3.1(17) and Guideline B3.1.11 of the MLC, 2006, and therefore ensuring compliance with Convention No. 163 would facilitate the implementation of the respective provisions of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.