Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 concerning the application of Conventions Nos 22 and 108 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

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

Article 5(2) of the Convention. Document containing a record of the seafarer’s employment on board. The Committee requested the Government to provide a sample of the document containing a record of the seafarer’s employment on board. Noting that the Government has not provided such a document, the Committee renews its request.

Article 6(3). Particulars of the agreement. Noting that some of the particulars required by the Convention did not appear in the model seafarers’ employment agreement provided by the Government, the Committee requested the Government to indicate the measures taken to give full effect to Article 6(3). In this regard, the Committee notes the Government’s repeated statement that Ministry of Transport Resolution No. 114 of 2009 gives effect to this provision of the Convention. The Committee notes, however, that the Government does not provide a copy of the Resolution and that a copy is not available at the Office. The Committee requests the Government to provide a copy of Ministry of Transport Resolution No. 114 of 2009.

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

Article 3. Possession by the seafarer of a seafarer’s identity document. The Committee requested the Government to clarify the relationship between section 33 of Decree No. 26 of 1978, which allows masters of vessels to retain custody of the identity documents of members of the crew, and Resolution No. 9 of 2009, establishing the new seafarer’s book as an identity document for the purposes of the Convention, section 7 of which provides that seafarers must carry the new seafarer’s book and present it to national or foreign migration or maritime authorities upon request. The Committee notes the Government’s explanation that the document retained in the custody of the master is the passport and not the seafarer’s book or seafarer’s identity document. The master returns the passport to crew members for the purpose of reporting to national or foreign migration or maritime authorities when required. The Committee notes this information in reply to its request for clarification.