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

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Trinidad and Tobago (Ratification: 1999)

Article 2(a)(ii) of the Convention. Social security measures. In its previous comment, the Committee requested the Government to determine which of the three Conventions it intends to apply for the purpose of substantial equivalence (Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130)). The Committee notes that the Government’s report does not provide an answer to its request. Instead, it indicates that although social security measures and equivalent provisions to the relevant ILO Conventions are not provided for in the Shipping Act of Trinidad and Tobago, the Ministry of Works and Transport is conducting a review of the Maritime Labour Convention, 2006, as amended (MLC, 2006) Regulations 4.1 (medical care on board ship and ashore), 4.2 (shipowner’s liability) and 4.5 (social security), with a view towards their eventual adoption as national law. While noting this information, the Committee recalls that in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the appendix to this Convention, even if the Member has not ratified them. The Committee therefore requests the Government once again to determine and to indicate which of the three Conventions (No. 55, No. 56 or No. 130) it intends to apply for the purpose of substantial equivalence concerning social security measures.

Article 2(d)(i). Complaints with respect to the engagement of seafarers. The Committee had requested the Government to indicate any specific rules or regulations setting out the practical arrangements for the examination of complaints concerning the engagement of seafarers. The Government indicates that the Ministry of Works and Transport is in the process of developing procedures based on the provisions of Regulations 5.1.5, 5.2.2 and the corresponding Code of the MLC, 2006. The Committee requests the Government once again to take the necessary measures to give effect to this provision of the Convention, and to provide a copy of any legislation adopted in this regard.

Article 4. Port State control. Practical application. In its previous comments, the Committee requested the Government to describe the procedures put in place to verify compliance of foreign-flagged ships calling in Trinidad and Tobago ports with the standards of this Convention. The Committee notes the Government’s indication that the Ministry of Works and Transport (Maritime Services Division) implements and enforces guidelines and procedures for port State control provided by the Procedures for Port State Control 2011 (IMO Resolution A. 1052 (27)) and the ILO Guidelines for Port State Control Officers. The Committee further notes the information provided by the Government on the number of inspections of foreign vessels, port State inspectors, ships found with deficiencies and detentions. The Committee takes notes of this information.