Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Anguilla

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1964)
Repatriation of Seamen Convention, 1926 (No. 23) (Ratification: 1987)
Seafarers' Identity Documents Convention, 1958 (No. 108) (Ratification: 1964)

The Committee notes that the Government’s reports on the application of the maritime Conventions contain no reply to its previous comments. It hopes that the next reports will contain full information on the matters raised in its previous direct requests. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes that, based on the recommendations adopted by the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), in the framework of the review of maritime related instruments, the Governing Body has decided that member States having ratified the MLC, 2006, and still bound by Conventions Nos 22 and 23 in respect of non metropolitan territories, should be encouraged to extend the application of the MLC, 2006, to such territories (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any further developments concerning the extension of the application of the MLC, 2006, to Anguilla.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–6 of the Convention. Conditions for signing and content of the articles of the agreement. The Committee noted in its previous comments the Government’s indication that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act which defines “British ship” as a ship registered under the law of a relevant British possession. It also noted that section 1(3) of the Merchant Shipping Act 1995 defines “United Kingdom ship” separately to mean a ship registered in the United Kingdom. However, the Committee has also noted that section 25 of the Merchant Shipping Act, which regulates crew agreements, only refers to persons employed as seamen on a “United Kingdom ship”. The Committee therefore requests once again the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3–6 of the Convention. Entitlement to repatriation. The Committee noted in its previous comments the Government’s indication that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act which defines British ships as ships registered under the law of a relevant British possession. It also noted that section 1(3) of the Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. However, the Committee has already noted that section 73 of the Merchant Shipping Act, which implements the basic requirements of the Convention, refers only to persons employed as seafarers on United Kingdom ships. Therefore, the Committee again requests the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6. Permission to enter a territory. The Committee requested in its previous comments that the Government indicates how the requirements of this Article of the Convention are complied with. It notes that the Government’s last report provides no information in this regard. The Committee recalls that according to Article 6, each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port. If the seafarer’s identity document contains space for appropriate entries, each Member shall also permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document when entry is requested for the purpose of: (a) joining his ship or transferring to another ship; (b) passing in transit to join his ship in another country or for repatriation; or (c) any other purpose approved by the authorities of the Member concerned. The Committee therefore once again requests the Government to indicate how it gives effect to Article 6 of the Convention.