Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - United States of America (Ratification: 1938)

Article 1, paragraph 1, of the Convention, read in conjunction with Articles 2, 4 and 11. Scope of application and equality of treatment and protection for all seafarers; maintenance, injury and death benefits. The Committee recalls that it has been commenting for many years concerning the treatment of claims by non-resident foreign seafarers working on vessels registered in the United States (US). The Committee notes the information that the Government has provided with respect to law and practice as well as statistics. The Committee also notes the Government’s indications that: (i) the adoption of differing procedures for making claims in court for different groups of seafarers (for example, foreign nationals as opposed to citizens or resident aliens) is not necessarily inconsistent with the Convention; (ii) foreign seafarers not domiciled in the US, if injured on vessels registered in the US operating in waters that are in the territory of another Member may, in addition, under international law, have alternative remedies available in their home countries or host nations and, if not, there is recourse also provided for in courts in the US; and (iii) in fact, there are very few foreign seafarers working on board vessels registered in the US. Recalling that the Convention applies to all persons employed on board any vessel, other than a ship of war, registered in the Member and ordinarily engaged in maritime navigation, the Committee requests the Government to explain how it ensures that the protection of the Convention is applied to those (albeit few) foreign seafarers who are working on board vessels registered in its territory.