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

United States of America

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) (Ratification: 1938)
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (Ratification: 1988)

The Committee notes the Government’s reports on Conventions Nos 55 and 147. 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 these matters in a consolidated comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 55 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body: placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning, inter alia, the abrogation of Convention No. 55; it also requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions. The Committee requests the Government to provide information on any progress towards the ratification of the MLC, 2006.

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.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 1(1) of the Convention, read in conjunction with Articles 2, 9 and 11. Scope of application and equality of treatment for all seafarers. For many years, the Committee has referred to the need to amend Title 46 of the United States Code (USC) §30105 which prohibits non-resident foreign seafarers working on vessels registered in the United States from claiming injury or death benefits if they are employed by a person engaged in the exploration, development or production of offshore mineral or energy resources, and the incident occurred in the territorial waters or waters overlaying the continental shelf of a foreign nation. The Committee notes that the Government reiterates that: (i) should there be no legal remedy available in the foreign countries, the seafarer may pursue legal remedies in the United States; (ii) prior to the enactment of 46 USC §30105, United States courts would have been forced to subject the parties to the time and cost of making a forum non conveniens determination; and (iii) 46 USC §30105 does not negate any responsibilities of the shipowner, it simply assists the seafarer in applying the most appropriate forum. While taking due note of this information, the Committee reiterates that, in accordance with Article 11 of the Convention, all seafarers, irrespective of nationality, domicile or race, must enjoy equality of treatment. The Committee also recalls that it is clear from Article 9 of the Convention that the Member State concerned has to secure rapid and inexpensive settlement of disputes concerning the shipowner’s liability.  The Committee therefore requests the Government, once again, to take the necessary measures to fully implement the Convention ensuring equality of treatment to all seafarers irrespective of their nationality and domicile and to secure rapid and inexpensive settlement of disputes concerning the shipowner’s liability.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Substantial equivalence to the requirements of Articles 6, paragraph 3(10) and (11) and 10–14 of Convention No. 22. Mandatory inclusions. Conditions for termination. The Committee requested the Government to take the necessary measures to ensure that its legislation prescribes conditions substantially equivalent to Article 6, paragraph 3(10) and (11), and Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee notes that the Government reiterates that, based on tripartite reviews of its legislation conducted prior to the ratification of Convention No. 147, it is of the view that its laws and regulations adequately address the objectives and principles of the Conventions listed in the Appendix to Convention 147. Referring to its previous comments, the Committee once again requests the Government to take the necessary measures to ensure that national laws and regulations prescribe conditions that are substantially equivalent to Article 6, paragraph 3(10) and (11) and Articles 10–14 of Convention No. 22.