Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Articles 3–14 of the Convention. Articles of agreement. In its previous comments, the Committee requested the Government to adopt the necessary measures as soon as possible to give full effect to the provisions of the Convention. In this regard, the Committee notes that, in its report, the Government refers once again to the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, of which Title IV relating to special conditions of employment includes a special section on work in maritime, river and lake navigation. The Committee also notes the Government’s reference to section 205 of the LOTTT, in accordance with which the matters not covered by Title IV shall be governed by the other provisions of the Act. In this regard, the Government states that section 59 of the LOTTT, which specifies the content of written employment contracts, demonstrates compliance with Article 6 of the Convention. The Committee observes, however, that neither Title IV nor the other provisions of the LOTTT (including section 59 of the LOTTT) require that the articles of agreement clearly state the rights and obligations of both parties and contain essential particulars such as: the name of the vessel on board which the seafarer undertakes to serve; the voyage to be undertaken, if this can be determined at the time of making the agreement; the scale of provisions to be supplied to the seafarer; the termination of the agreement (including, if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer shall be discharged); and the annual leave with pay. The Committee also notes the Government’s indication that the fact that, where there is no written employment contract, the inclusion of the worker on the crew list of the vessel or the mere provision of services shall suffice (section 246 of the LOTTT), implies protection and recognition of the employment relationships of seafarers. However, the Committee recalls once again that Article 3(1) of the Convention provides that the articles of agreement shall be drawn up in writing and signed both by the shipowner and by the seafarer.

In its previous comment, the Committee, observing that section 267 of the LOTTT provides that the regulations that govern the employment relationships of workers in maritime, river or lake transport shall be established in a special law, requested the Government to provide information on the adoption of this law. In this regard, the Committee observes that, while the Government indicates that the aim of moving forward with the adoption of the special law was reiterated during round tables held throughout 2021, the law has still not been adopted. In light of the above considerations, the Committee notes with regret that the national legislation still does not give full effect to the provisions of the Convention, and once again urges the Government to adopt without delay the necessary measures in this regard.

The Committee recalls that, within the framework of the Standards Review Mechanism, the ILO Governing Body, upon the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 22 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation of Convention No. 22, and requested the Office to launch an initiative to promote ratification on a priority basis of the MLC, 2006, by States still bound by Convention No. 22. The Committees therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and reminds it of the possibility of having recourse to ILO technical assistance.