Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Cuba

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1928)
Seafarers' Identity Documents Convention, 1958 (No. 108) (Ratification: 1975)

The Committee notes the reports sent by the Government on the application of the ratified maritime Conventions. In order to provide an overview of the issues raised on the application of these Conventions, the Committee considers it appropriate to address them in a single comment as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 5(2) Document containing seafarer’s record of employment on board. The Committee recalls its previous comment, which requested the Government to indicate the provisions in national legislation prescribing the form of the document containing a record of the seafarer’s employment on board, as well as to provide a specimen of the document. The Committee notes the Government’s indication that Resolution No. 9 of 13 May 2009 establishes the requirements for a seafarer’s employment record, and that it is not necessary to provide information on the quality of the seafarer’s work or wages. The Committee requests the Government to provide a sample of the seafarer’s employment record on board.

Article 6(3). Particulars of the agreement. In its previous comment, the Committee noted that the following items appeared to be missing from the particulars, as identified in the Government’s report, contained in the currently used seafarer’s contract of employment: (i) the birthplace of the seafarer; and (ii) the annual leave with pay granted to the seafarer after one year’s service with the same shipping company, if such leave is provided for national law. The Committee notes, in this respect, that the Government refers to Ministry of Transport Resolution No. 114 of 2009, issuing the Regulations on the hiring of seafarers to work on foreign-owned vessels. The Committee notes, however, that the Government has not provided information on how it is ensured, in this legislation and in practice, that seafarers’ articles of agreement contain all the information required by Article 6(3) of the Convention. In this respect the Committee requests the Government to identify the national laws and regulations prescribing the particulars required to be in a seafarer’s agreement with a shipowner, whether the seafarer or shipowner be foreign or national.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 1(1). Scope of application. In its previous comment, the Committee observed that section 3 of Resolution No. 9 of 2009 on the seafarers’ book only covers persons engaged in international maritime navigation and commercial ocean fishing, while the Convention applies to all seafarers engaged in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force. In this respect, the Committee notes the Government’s indication that section 66(2) of Act No. 115 on river, lake and maritime navigation of 2013, requires Cuban seafarers to carry seafarers’ identity documents when serving on board naval vessels, embarkations and crafts for the purpose of river, lake and maritime navigation. The Government adds that section 124.1 of Regulatory Decree No. 317 provides that employers and shipping enterprises located on the national territory, and masters and owners of naval vessels, embarkations and crafts are responsible for ensuring that all Cuban and foreign staff engaged on board a naval vessel have a valid seafarer’s book. The Committee notes this information.

Article 3. Possession by the seafarer of a seafarer’s identity document. In its previous comments, the Committee requested the Government to clarify the relationship between section 33 of Decree No. 26 of 1978 issuing regulations under Migration Act No. 312, which allows masters of vessels to retain custody of the identity documents of members of the crew, and section 7 of Resolution No. 9 of 2009, which provides that seafarers must carry the new seafarer’s book and to present it to national or foreign migration or maritime authorities upon request. The Committee notes the Government’s indication that Act No. 115 and Decree No 317 of 2 October 2013 are the laws in force on this subject, and that Resolution No. 9 of 2009 is still in force. The Committee requests the Government to indicate whether Decree No. 26 of 1978 is still in force, and if so, to provide information on the measures adopted or envisaged to amend section 33 of the Decree, which is not in conformity with this Article of the Convention.