Maritime Labour Convention, 2006 (MLC, 2006) - Kiribati (Ratification: 2011)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Kiribati on 8 January 2019 and on 26 December 2020, respectively.

Impact of the COVID-19 pandemic. The Committee observes that, as a result of difficulties for shipowners to arrange crew changes when the seafarers’ employment agreements (SEA) of the crew expired due to the COVID-19 pandemic, the Kiribati Ship Registry issued Marine circular No. 50/2020, according to which a seafarer’s service period may be extended on condition that any such extension is agreed by the seafarer voluntarily in writing and is properly set out in the SEA. The Committee recalls that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. The Committee urges the Government to adopt without delay the necessary measures to bring all relevant legislation in full compliance with the Convention and to ensure in practice that seafarers on board Kiribati-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication in reply to its previous comments, that the Maritime Act was adopted in 2017 and amended in 2019 to ensure its effective implementation and full compliance with the provisions of international Conventions. The Government further indicates that consultations are currently being held by the Kiribati Government and its relevant stakeholders to ensure that existing national legislation and draft regulations fully reflect the amendments made to the MLC, 2006. The Ministry of Information, Communication and Transport Development under its Marine Division is finalizing the draft Maritime Labour Regulations 2021 (hereinafter the draft Regulations) with the Office of the Attorney General. Noting that these Regulations would represent a significant step forward in the implementation of the Convention, the Committee expects that they will be adopted in the very near future. The Committee notes that, until the draft Regulations are adopted, the provisions of the Convention are currently implemented through general legislation, such as the Employment and Industrial Relations Code (hereinafter the EIRC) and underscores the need to avoid any inconsistency in the applicable provisions. The Committee accordingly requests the Government to adopt all the necessary measures to implement the Convention taking into account the points raised below and to provide a copy of any new legislation once adopted.

Article II, paragraphs 1(f), 2, 3 and 7. Scope of application. Seafarers. The Committee notes that, in reply to its previous comment, the Government indicates that it worked closely with shipowners and seafarers in developing the draft Regulations and will conduct further consultations with stakeholders to ensure that the list of those excluded from the definition of seafarer is more consistent with the Convention. The Committee also notes that the draft Regulations refer to the definition given in the Maritime Act adopted in 2017, which provides that “seafarer” means a person employed or engaged in any capacity on board a ship on the business of the ship, other than: (a) the master of the ship; (b) a pilot; or (c) a person temporarily employed on board the ship in a port or place. The Committee recalls that, while pilots and persons temporarily employed on the ship while the ship is in port could be excluded from the definition of “seafarer” provided for in Article II, paragraph 1(f) of the Convention, masters must be covered by the Convention. The Committee requests the Government to take the necessary measures to ensure that masters are considered seafarers for the purpose of the Convention. The Committee further notes that the draft Regulations no longer list the various categories of persons not to be considered as seafarers and that draft regulation 3(3) provides that, in the event of doubt as to whether or not these regulations apply to a person or category of persons, the competent authority must determine the question in consultation with the shipowners’ and seafarers’ organizations. The Committee requests the Government to provide information on any further determination regarding the categories of persons who are not regarded as seafarers within the meaning of the national legislation.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes the Government’s indication, in reply to its previous comment, that the draft Regulations will be amended in accordance with Article II, paragraph 6 and that this will require further consultation with shipowners and seafarers. The Committee observes that the wording of regulation 3(4) of the most recent version of the draft Regulations has not yet been amended. The Committee accordingly requests the Government to take the necessary measures to ensure that any exemption granted is limited to “certain details of the Code” (Standards and Guidelines), in conformity with Article II, paragraph 6.

Article VI, paragraphs 3 and 4. Substantial equivalence. Noting that Marine Circular No. 23/2013 states that, when requesting certification, the shipowner has to advise whether there are any substantial equivalencies or exemptions it would wish to be granted by the Kiribati Ship Registry, the Committee previously requested the Government to provide detailed information with respect to the adoption of substantial equivalence(s) and to ensure that any use of such an option will be regulated and follow the procedure of Article VI, paragraphs 3 and 4. The Committee notes the Government’s reply that further consultations will be conducted with the social partners to ensure that the draft Regulations are consistent with the Convention. Reiterating that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis, not on an ad hoc basis, the Committee requests the Government to ensure that any substantial equivalence adopted in the future follows the requirements of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication, in reply to its previous comment, that section 115(1) and (2) of the EIRC has been amended and the general minimum age is set at 15 years. The Government further indicates that the Maritime Training Centre is the sole provider of training for Kiribati citizens for seafarers and fishers and that one of the strict requirements of this institute before recruiting is to ensure that prospective recruits are 18 years of age or older. While noting this information, the Committee observes that, until the draft Regulations are adopted, there is no express prohibition of employment on board a ship of any person under the age of 16. Recalling that no person below the minimum age of 16 shall be employed or engaged or work on board a ship, the Committee requests the Government to adopt the necessary measures, without delay, to give effect to this requirement of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in response to its previous request, the Government indicates that the Ministry of Employment has already developed a list of hazardous work prohibited for children under the age of 18 years but that it is still being reviewed and has yet to be adopted. The Committee also notes that the draft Hazardous Work Prohibited For Children Under 18 Years Of Age Regulations 2023 list “cooking, baking or preparing food with sharp implements”, “work in a boiler or engine room or work in connection with the maintenance or repair of machines, engines or equipment” and “any occupations connected with (…) work on ships or in the maritime sector” among the hazardous occupations which are prohibited for children under the age of 18 years. The Committee requests theGovernment to adopt, without further delay, the list of types of hazardous work that are prohibited for young seafarers under 18 years of age, taking into account the specific conditions of work on board ships, after consultation with the seafarers’ and shipowners’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.3, paragraph 1. Training and qualifications. The Committee notes the Government’s reply to its previous comment that, while section 144 of the Maritime Act adopted in 2017 currently allows an exception for the requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) on training and certification for vessels of less than 300 gross tonnage, it will be amended in consultation with shipowners and seafarers to ensure compliance with the requirements set out in Regulation 1.3 of the MLC, 2006. The Committee requests the Government to adopt the necessary measures to give full effect to Regulation 1.3,paragraph 1.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. Noting that the Government does not provide information on this point, the Committee reiterates its previous request tothe Government to indicate how it ensures that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in conformity with Regulation 1.3, paragraph 2.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that these provisions of the Convention are currently implemented through the EIRC, which is not in full conformity with the requirements of the Convention (for example, Standard A2.1, paragraph 5 on minimum notice periods and Standard A2.1, paragraph 6 on circumstances justifying termination of the employment agreement at shorter notice or without notice). It also notes that the draft Regulations would bring the legislation in conformity with Regulation 2.1 and the Code. The Committee expects that the Government will adopt in the near future the necessary measures to ensure the full conformity of its legislation with the requirements of Regulation 2.1 and the Code.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee notes that Part I of the Maritime Labour Compliance Declaration (DMLC) refers to the requirements of Standards A2.1, paragraph 7 and A2.2, paragraph 7 and that the Kiribati Ship Registry adopted Marine Circular No. 57/2020 to notify all parties concerned of the amendments, indicating that maritime labour certificates and DMLCs are required to be updated and re-issued to address the new requirements. While noting this information, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7).The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes the Government’s indication, in reply to its previous comment, that it will be providing only the minimum hours of rest regime and excluding the maximum of hours of work and that this will be reflected in the draft Regulations. The Committee takes note of this information and expects that the Government will adopt in the near future the necessary measures to ensure the full conformity of its legislation with the requirements of Standard A2.3, paragraph 2.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. Abandonment. In reply to the Committee’s previous comments, the Government indicates that there are currently no legal provisions in place to govern the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that the most recent copy of the DMLC, Part I, published on the website of the Kiribati Ship Registry, incorporates the information required further to the adoption of the 2014 amendments to the Code of the MLC, 2006. The Committee observes nonetheless that the Government has not indicated the kind of financial security that must be provided by ships flying its flag to cover the right of repatriation, in application of Regulation 2.5, paragraph 2, nor has it indicated measures under preparation with respect to the establishment of a system of financial security for abandonment cases. The Committee requests the Government to indicate: (i) how effect is being given to the requirement that ships that fly its flag provide financial security to ensure that seafarers are duly repatriated in accordance with Regulation 2.5, paragraph 2; and (ii) to adopt the necessary measures to define the circumstances under which a seafarer is considered abandoned and to establish a financial security system to assist seafarers in all the circumstances provided for under Standard A2.5.2, paragraph 2. The Committee also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and Standard A3.1, paragraph 2. Accommodation and recreational facilities. Implementation. In reply to the Committee’s previous comment, the Government indicates that there are currently no measures in place to ensure that ships flying the flag of Kiribati have on-board recreational facilities available to seafarers. Acknowledging the importance of onboard recreational facilities, the Government indicates that further consultations will be held with a view to including the provisions of Regulation 3.1 in relevant national laws and to establishing infrastructure on board vessels flying its flag. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Regulation 3.1 and the Code, and to provide updated information on the progress made in this regard.

Regulation 4.1 and Standard A4.1, paragraph 2. Medical care on board and ashore. Standard medical report form. The Committee notes the Government’s reply to its previous comment that there is currently no progress towards adopting a standard medical report form and that it is still undertaking measures in consultation with related stakeholders regarding the development of this form. The Government however states that nationally recognized recruiting agencies commonly utilize medical forms from vessels from other flag States. The Committee requests the Government to adopt, without further delay,the necessary measures to give full effect to Standard A4.1, paragraph 2.

Regulation 4.2 and the Code. Shipowners’ liability. In reply to the Committee’s previous comment, the Government indicates that the 1977 revised edition provided with its first report is the latest edition of the Workmen’s Compensation Act. The Committee notes that regulation 18 of the draft Regulations gives effect to the requirements that, where the sickness or injury results in incapacity for work, the shipowner shall be liable to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated, in accordance with Standard A4.2.1, paragraph 3(a). The Committee observes, however, that in the absence of adoption and implementation of the draft Regulations, the applicable provisions of the Workmen’s Compensation Act do not specify whether the shipowner is responsible for the payment of full wages in the circumstances foreseen under Standard A4.2.1, paragraph 3(a), as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated. The Committee accordingly urges the Government to adopt the necessary measures to ensure the full conformity of its legislation with Standard A4.2.1 in the near future.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the MLC, 2006, the Committee notes the Government’s indication that, while the provisions of the Workmen’s Compensation Ordinance establish a national system of compensation for workers in the event of death or long-term disability due to an occupational injury, illness or hazard, new legislation still needs to be adopted regarding the minimum requirements that the system of financial security must meet. Furthermore, at present, there are no provisions implementing the requirement that shipowners shall provide evidence of financial security and that the certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. The Committee also notes that the draft Regulations do not address these issues. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures taken to give effect to Standard A4.2.1, paragraphs 8 and 14, and Standard A4.2.2 and to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention, once available.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that, in response to its previous request, the Government indicates that there are currently no measures in place or plans to promote the development of welfare facilities at appropriate ports of Kiribati, as well as the establishment of welfare boards. Recalling the importance of access to shore-based welfare facilities for the well-being of seafarers, the Committee requests the Government to indicate the measures adopted to give effect to Regulation 4.4 and Standard A4.4.

Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. The Committee notes the Government’s indication in reply to its previous comment that the draft Regulations will be amended to reflect the three branches of social security specified at the time of ratification, by including “employment injury benefit” and that these benefits will be reflected in the national legislation, mainly the Maritime Act, 2017. The Committee requests the Government to keep the Office informed on any development in this respect.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes the Government’s indication in reply to its previous comment, that it will develop procedures for the settlement of disputes in line with requirements of the Convention and report on this matter in its next report. The Committee requests the Government to adopt the necessary procedures to give effect to Standard A4.5, paragraph 9 and to provide updated information with its next report.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s reply to its previous comment, indicating that working and living conditions prescribed by the MLC, 2006, are not being inspected and certified by recognized organizations at present, as the draft Regulations have yet to be adopted. The Committee requests the Government to provide information on the progress made towards the adoption of these new provisions, and, when available, to provide the list of recognized organizations, specifying the functions they have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Interim maritime labour certificate. Referring to its previous comment that the draft Regulations submitted with the first report do not address the circumstance when the shipowner assumes responsibility for the operation of a ship which is new to that shipowner, the Committee notes the Government’s indication that this matter requires further consultation with stakeholders and that recent changes in the administration of the Kiribati Ship Registry from Singapore also require changes to existing procedures and guidelines. While noting this information, the Committee requests the Government to take the necessary steps to ensure full compliance with Standard A5.1.3, paragraph 5.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. Observing that the DMLC, Part I, form available on the Kiribati Ship Registry website does not contain the necessary reference to the national legal provisions, the Committee requested the Government to review the DMLC, Part I, upon adoption of the draft Regulations. Noting also that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention, the Committee requested the Government to provide one or more examples of an approved DMLC, Part II. The Committee notes the Government’s indication that further consultations with stakeholders are needed to change existing procedures and guidelines, given recent changes in the administration of the Kiribati Ship Registry from Singapore. The Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with Standard A5.1.3, paragraph 10 of the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic.Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that no other Conventions on maritime labour had previously been ratified by Kiribati. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Kiribati on 18 January 2017. It notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General questions on application. Implementing measures. The Committee notes the Government’s reference to the draft Maritime Act 2016 and the draft Merchant Shipping Regulations 2016 (hereafter, the draft Regulations) which are yet to be adopted by the Parliament. While acknowledging that these drafts represent important steps towards the implementation of the Convention, the Committee notes that some draft provisions need to be revised in order to ensure full conformity with the Convention, as explained in detail below. The Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article II of the Convention, paragraphs 1(f), 2, 3 and 7. Scope of application. Seafarers.The Committee notes that according to section 3(1) of the draft Regulations, a seafarer is defined as any person who is employed in any capacity on board a ship to which these Regulations apply. The Committee also notes that this definition contains a list of persons who are not considered seafarers, including, among others: (i) scientists, researchers, divers, specialist off-shore technicians etc. whose work is not part of the routine business of the ship; (ii) harbour pilots, inspectors, surveyors, auditors, superintendents etc., who, although trained and qualified in maritime skills and performing key specialist functions, their work is not part of the routine business of the ship; (iii) guest entertainers, repair technicians, portworkers whose work is occasional and short term with their principal place of employment being ashore; (iv) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee requests the Government to indicate whether these determinations have been made after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraphs 3 and 7, of the Convention (as also contained in section 3(3) of the draft Regulations). Concerning the last element of the list – non-marine personnel – the Committee recalls that under the terms of the resolution concerning information on occupational groups, adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee thereforerequests the Government to indicate how the decision to exclude non-marine personnel from the definition of “seafarer” in the draft Regulations takes into account this resolution.

Article II, paragraph 6. Scope of application. Ships under 200 gross tonnage. The Committee notes that section 4 of the draft Regulations provides that where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details in provisions of “these Regulations” to a ship or particular categories of ships, those details will not apply to seafarers on the ship or ships concerned to the extent that those seafarers are covered by other provisions relating to those details and that the other provisions fully implement the relevant provisions of the Regulations of the Convention. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations and may only be made with respect to ships of less than 200 gross tonnages not engaged in international voyages. The Committee recalls that the flexibility provided for in Article II, paragraph 6, only pertains to “certain details of the Code”, that is Standards and Guidelines and not to the Regulations. The Committee therefore requests the Government to indicate the measures taken to revise section 4 of the draft Regulations to ensure full conformity with the provisions of Article II, paragraph 6, thereby restricting the use of this flexibility in relation to Standards and Guidelines of the Convention.

Article VI, paragraphs (3) and (4). Concept of substantial equivalence. The Committee notes that Marine Circular No. 23/2013, which provides information to shipowners on the procedure for certification under the MLC, 2006, states that, when requesting certification, the shipowner has to carry out a gap analysis of the vessel and company policies and advise whether there are any substantial equivalencies or exemptions it would wish to be granted by the Kiribati Ship Registry. While noting that such possibility for the shipowner to request substantial equivalence is not contained in the draft Regulations, the Committee recalls that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with paragraphs 3 and 4 of Article VI, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. The Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in paragraph 4 of Article VI. The Committee requests the Government to provide detailed information, as explained above, with respect to the adoption of substantial equivalence(s) and to ensure that any use of such possibility will be regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age of seafarers.The Committee notes that while section 4(1) of the draft Regulations provides that “the employment, engagement or work on board a ship of any person under the age of 16 is prohibited”, section 115(1) and (2) of theEmployment and Industrial Relations (EIR) Code, 2015 states thatthe minimum age of 14 applies to maritime work. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. Observing that the legislation currently in force is not in conformity with the Convention, the Committee requests the Government to take the necessary steps, including the revision of section 115(1) and (2) of the EIR Code, to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Determination of types of work which are likely to jeopardize the health and safety of seafarers under 18 years of age.The Committee notes that section 4(3) of the draft Regulations provides that the activities or work likely to jeopardize the health or safety of seafarers under the age of 18 are those that shall be determined as likely to jeopardize their health or safety by the competent authority after consultation with the shipowners’ or seafarers’ organizations, in accordance with relevant international standards. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 1.3, paragraphs 1 and 2. Training and qualifications. The Committee notes thatsection 88 of the draft Maritime Act 2016 provides that training and certification on ships of more than 300 gross tonnage are determined in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) provisions; certification for service on ships of less than 300 gross tonnage shall comply with section 100 of this Act, which provides that the Minister may make regulations in this respect. The Committee recalls that Regulation 1.3 does not allow for exceptions to the requirement of training or certification to work on a ship. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with these requirements of the Convention. The Committee further notes that there are no provisions in the national legislation which require seafarers to successfully complete training for personal safety on board ship. The Committee therefore requests the Government to indicate how it ensures that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in conformity with Regulation 1.3, paragraph 2.

Regulation 2.3, paragraph 2, and Standard A2.3, paragraph 2. Hours of work and hours of rest. While noting that the Declaration of Maritime Labour Compliance (DMLC), Part I, refers to the minimum hours of rest regime, the Committee notes that section 9(4) of the draft Regulations reproduces the provisions of Standard A2.3, paragraph 5, of the Convention, thereby providing for the alternative between maximum hours of work and minimum hours of rest. The Committee recalls that, under Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work or a minimum number of hours of rest. The Committee considers that the determination of the system of hours of work or hours of rest has to be made by the competent authority and cannot be left to collective agreements or to the selective application by shipowners or masters. The Committee requests the Government to take the necessary measures to fix either a maximum number of hours of work or a minimum number of hours of rest in conformity with these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment.In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1, paragraph 2 and the Code. On-board recreational facilities. Ships constructed before entry into force of the Convention in Kiribati. The Committee notes that the DMLC, Part I, states that ships constructed before the entry into force of the Convention would be exempted from complying with requirements of on-board recreational facilities provided for under the MLC, 2006. The Committee recalls that the possible exception contained in Regulation 3.1, paragraph 2, only concerns requirements which relate to ship construction and equipment; it does not cover however all on-board recreational facilities. With particular reference to Standard A3.1, paragraph 17, the Committee requests the Government to indicate how it ensures that on-board recreational facilities are made available to seafarers on all ships flying its flag, whether constructed before or after the entry into force of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 2. Standard medical report form. The Committee notes that, while section 17(4) of the draft Regulations provides for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers, the Government indicates that such standard medical report form has not been adopted yet. The Committee requests the Government to adopt such document as required by Standard A4.1, paragraph 2, and provide a copy.

Regulation 4.2 and Standard A4.2.1, paragraphs 1 and 3. Shipowners’ liability. The Committee notes that the Government provided a copy of the 1977 edition of the Workmen’s Compensation Ordinance and of its subsequent amendments up to 1994. However, the Government refers in its report to a Workmen’s Compensation Act, 1998. The Committee requests the Government to clarify whether there have been legislative changes in 1998 in relation to the Workmen’s Compensation Act and, if so, to provide a copy of the amendments.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3.Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is no plan for the development of seafarer welfare facilities in Kiribati nor plans to encourage the establishment of welfare boards. The Committee requests the Government to indicate the measures taken to promote the development of welfare facilities at appropriate ports of Kiribati as well as the establishment of welfare boards, as provided for in section 20(1) and (5) of the draft Regulations and in conformity with Standard A4.4, paragraphs 2 and 3, of the Convention.

Regulation 4.5 and Standard A4.5.Social security.The Committee notes that in accordance with Standard A4.5(2) and (10), the Government specified at the time of ratification that protection would be provided for the following branches of social security: medical care; sickness benefit and employment injury benefit. However, it notes that in section 21(3) of the draft Regulations, the provisions state that the three branches covered are medical care, sickness benefit and “unemployment injury benefit”. The Committee requests the Government to review this draft provision to clarify whether the third branch covered is employment injury benefit (which would be in compliance with the declaration submitted at the time of ratification) or unemployment benefit. The Committee further notes that the Government does not provide information on the main benefits related to the protection provided. The Committee requests the Government to indicate the main benefits provided under national legislation in the branches concerned (medical care, sickness benefit and employment injury benefit). The Committee further notes that section 21(6) of the draft Regulations provides that “the competent authority shall establish fair and effective procedures for the settlement of disputes to cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in which the coverage is provided”. The Committee requests the Government to provide information on the measures taken in application of this provision.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes the Government’s indication that the inspection of compliance with the Convention has been delegated to the inspectors employed by a number of recognized organizations listed in the report. The Committee notes, however, that the Government has not provided examples of the agreements signed with such organizations. The Committee accordingly requests the Government to provide copies of such examples and to specifythe functions that those organizations have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5.Interim maritime labour certificate. The Committee recalls that the Convention provides that a maritime labour certificate can be issued on an interim basis in three cases: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner ceases to assume the responsibility for the operation of a ship. It notes that the draft Regulations only refer to two cases in which an interim maritime labour certificate can be issued and does not address the circumstance when the shipowner assumes responsibility for the operation of a ship which is new to that shipowner. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10.DMLC. The Committee notes that the DMLC, Part I, form available on the Kiribati Ship Registry website, only contains concise information on the main content of the national requirements embodying the relevant provisions of the Convention on the list of 16 matters to be inspected. The form does not contain however the necessary reference to the national legal provisions. Moreover, in certain instances, the form contains information that departs from the substantive content of the (draft) national legislation. One example is that under the definition of night work, the DMLC, Part I, indicates that night work is from 9 p.m. till 6 a.m. However, section 4(4) of the draft Regulations provides that “night” means a period of at least nine hours starting no later than midnight ship’s time and ending no earlier than 5 a.m. ship’s time. Another example is that the DMLC, Part I, contains information on the financial security to be provided under Regulations 2.5 and 4.2, for which no corresponding provisions of the national legislation could be found. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I, upon adoption of the draft Regulations, in order to ensure that it would identify the national requirements embodying the relevant national legal provisions and the information on the main content of the national requirements.

In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy of the Draft Shipping (STCW Convention, 2010) Regulation, 2016 (Regulation 1.3); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it;an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services (Standard A5.1.4, paragraph 3); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: the number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; the number of cases where significant deficiencies were detected; the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); a copy of a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

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

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that no other Conventions on maritime labour had previously been ratified by Kiribati. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Kiribati on 18 January 2017. It notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General questions on application. Implementing measures. The Committee notes the Government’s reference to the draft Maritime Act 2016 and the draft Merchant Shipping Regulations 2016 (hereafter, the draft Regulations) which are yet to be adopted by the Parliament. While acknowledging that these drafts represent important steps towards the implementation of the Convention, the Committee notes that some draft provisions need to be revised in order to ensure full conformity with the Convention, as explained in detail below. The Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article II of the Convention, paragraphs 1(f), 2, 3 and 7. Scope of application. Seafarers. The Committee notes that according to section 3(1) of the draft Regulations, a seafarer is defined as any person who is employed in any capacity on board a ship to which these Regulations apply. The Committee also notes that this definition contains a list of persons who are not considered seafarers, including, among others: (i) scientists, researchers, divers, specialist off-shore technicians etc. whose work is not part of the routine business of the ship; (ii) harbour pilots, inspectors, surveyors, auditors, superintendents etc., who, although trained and qualified in maritime skills and performing key specialist functions, their work is not part of the routine business of the ship; (iii) guest entertainers, repair technicians, portworkers whose work is occasional and short term with their principal place of employment being ashore; (iv) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee requests the Government to indicate whether these determinations have been made after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraphs 3 and 7, of the Convention (as also contained in section 3(3) of the draft Regulations). Concerning the last element of the list – non-marine personnel – the Committee recalls that under the terms of the resolution concerning information on occupational groups, adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee therefore requests the Government to indicate how the decision to exclude non-marine personnel from the definition of “seafarer” in the draft Regulations takes into account this resolution.

Article II, paragraph 6. Scope of application. Ships under 200 gross tonnage. The Committee notes that section 4 of the draft Regulations provides that where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details in provisions of “these Regulations” to a ship or particular categories of ships, those details will not apply to seafarers on the ship or ships concerned to the extent that those seafarers are covered by other provisions relating to those details and that the other provisions fully implement the relevant provisions of the Regulations of the Convention. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations and may only be made with respect to ships of less than 200 gross tonnages not engaged in international voyages. The Committee recalls that the flexibility provided for in Article II, paragraph 6, only pertains to “certain details of the Code”, that is Standards and Guidelines and not to the Regulations. The Committee therefore requests the Government to indicate the measures taken to revise section 4 of the draft Regulations to ensure full conformity with the provisions of Article II, paragraph 6, thereby restricting the use of this flexibility in relation to Standards and Guidelines of the Convention.

Article VI, paragraphs (3) and (4). Concept of substantial equivalence. The Committee notes that Marine Circular No. 23/2013, which provides information to shipowners on the procedure for certification under the MLC, 2006, states that, when requesting certification, the shipowner has to carry out a gap analysis of the vessel and company policies and advise whether there are any substantial equivalencies or exemptions it would wish to be granted by the Kiribati Ship Registry. While noting that such possibility for the shipowner to request substantial equivalence is not contained in the draft Regulations, the Committee recalls that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with paragraphs 3 and 4 of Article VI, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. The Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in paragraph 4 of Article VI. The Committee requests the Government to provide detailed information, as explained above, with respect to the adoption of substantial equivalence(s) and to ensure that any use of such possibility will be regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age of seafarers. The Committee notes that while section 4(1) of the draft Regulations provides that “the employment, engagement or work on board a ship of any person under the age of 16 is prohibited”, section 115(1) and (2) of the Employment and Industrial Relations (EIR) Code, 2015 states that the minimum age of 14 applies to maritime work. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. Observing that the legislation currently in force is not in conformity with the Convention, the Committee requests the Government to take the necessary steps, including the revision of section 115(1) and (2) of the EIR Code, to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Determination of types of work which are likely to jeopardize the health and safety of seafarers under 18 years of age. The Committee notes that section 4(3) of the draft Regulations provides that the activities or work likely to jeopardize the health or safety of seafarers under the age of 18 are those that shall be determined as likely to jeopardize their health or safety by the competent authority after consultation with the shipowners’ or seafarers’ organizations, in accordance with relevant international standards. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 1.3, paragraphs 1 and 2. Training and qualifications. The Committee notes that section 88 of the draft Maritime Act 2016 provides that training and certification on ships of more than 300 gross tonnage are determined in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) provisions; certification for service on ships of less than 300 gross tonnage shall comply with section 100 of this Act, which provides that the Minister may make regulations in this respect. The Committee recalls that Regulation 1.3 does not allow for exceptions to the requirement of training or certification to work on a ship. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with these requirements of the Convention. The Committee further notes that there are no provisions in the national legislation which require seafarers to successfully complete training for personal safety on board ship. The Committee therefore requests the Government to indicate how it ensures that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in conformity with Regulation 1.3, paragraph 2.

Regulation 2.3, paragraph 2, and Standard A2.3, paragraph 2. Hours of work and hours of rest. While noting that the Declaration of Maritime Labour Compliance (DMLC), Part I, refers to the minimum hours of rest regime, the Committee notes that section 9(4) of the draft Regulations reproduces the provisions of Standard A2.3, paragraph 5, of the Convention, thereby providing for the alternative between maximum hours of work and minimum hours of rest. The Committee recalls that, under Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work or a minimum number of hours of rest. The Committee considers that the determination of the system of hours of work or hours of rest has to be made by the competent authority and cannot be left to collective agreements or to the selective application by shipowners or masters. The Committee requests the Government to take the necessary measures to fix either a maximum number of hours of work or a minimum number of hours of rest in conformity with these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1, paragraph 2 and the Code. On-board recreational facilities. Ships constructed before entry into force of the Convention in Kiribati. The Committee notes that the DMLC, Part I, states that ships constructed before the entry into force of the Convention would be exempted from complying with requirements of on-board recreational facilities provided for under the MLC, 2006. The Committee recalls that the possible exception contained in Regulation 3.1, paragraph 2, only concerns requirements which relate to ship construction and equipment; it does not cover however all on-board recreational facilities. With particular reference to Standard A3.1, paragraph 17, the Committee requests the Government to indicate how it ensures that on-board recreational facilities are made available to seafarers on all ships flying its flag, whether constructed before or after the entry into force of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 2. Standard medical report form. The Committee notes that, while section 17(4) of the draft Regulations provides for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers, the Government indicates that such standard medical report form has not been adopted yet. The Committee requests the Government to adopt such document as required by Standard A4.1, paragraph 2, and provide a copy.

Regulation 4.2 and Standard A4.2.1, paragraphs 1 and 3. Shipowners’ liability. The Committee notes that the Government provided a copy of the 1977 edition of the Workmen’s Compensation Ordinance and of its subsequent amendments up to 1994. However, the Government refers in its report to a Workmen’s Compensation Act, 1998. The Committee requests the Government to clarify whether there have been legislative changes in 1998 in relation to the Workmen’s Compensation Act and, if so, to provide a copy of the amendments.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is no plan for the development of seafarer welfare facilities in Kiribati nor plans to encourage the establishment of welfare boards. The Committee requests the Government to indicate the measures taken to promote the development of welfare facilities at appropriate ports of Kiribati as well as the establishment of welfare boards, as provided for in section 20(1) and (5) of the draft Regulations and in conformity with Standard A4.4, paragraphs 2 and 3, of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that in accordance with Standard A4.5(2) and (10), the Government specified at the time of ratification that protection would be provided for the following branches of social security: medical care; sickness benefit and employment injury benefit. However, it notes that in section 21(3) of the draft Regulations, the provisions state that the three branches covered are medical care, sickness benefit and “unemployment injury benefit”. The Committee requests the Government to review this draft provision to clarify whether the third branch covered is employment injury benefit (which would be in compliance with the declaration submitted at the time of ratification) or unemployment benefit. The Committee further notes that the Government does not provide information on the main benefits related to the protection provided. The Committee requests the Government to indicate the main benefits provided under national legislation in the branches concerned (medical care, sickness benefit and employment injury benefit). The Committee further notes that section 21(6) of the draft Regulations provides that “the competent authority shall establish fair and effective procedures for the settlement of disputes to cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in which the coverage is provided”. The Committee requests the Government to provide information on the measures taken in application of this provision.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes the Government’s indication that the inspection of compliance with the Convention has been delegated to the inspectors employed by a number of recognized organizations listed in the report. The Committee notes, however, that the Government has not provided examples of the agreements signed with such organizations. The Committee accordingly requests the Government to provide copies of such examples and to specify the functions that those organizations have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Interim maritime labour certificate. The Committee recalls that the Convention provides that a maritime labour certificate can be issued on an interim basis in three cases: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner ceases to assume the responsibility for the operation of a ship. It notes that the draft Regulations only refer to two cases in which an interim maritime labour certificate can be issued and does not address the circumstance when the shipowner assumes responsibility for the operation of a ship which is new to that shipowner. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. DMLC. The Committee notes that the DMLC, Part I, form available on the Kiribati Ship Registry website, only contains concise information on the main content of the national requirements embodying the relevant provisions of the Convention on the list of 16 matters to be inspected. The form does not contain however the necessary reference to the national legal provisions. Moreover, in certain instances, the form contains information that departs from the substantive content of the (draft) national legislation. One example is that under the definition of night work, the DMLC, Part I, indicates that night work is from 9 p.m. till 6 a.m. However, section 4(4) of the draft Regulations provides that “night” means a period of at least nine hours starting no later than midnight ship’s time and ending no earlier than 5 a.m. ship’s time. Another example is that the DMLC, Part I, contains information on the financial security to be provided under Regulations 2.5 and 4.2, for which no corresponding provisions of the national legislation could be found. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I, upon adoption of the draft Regulations, in order to ensure that it would identify the national requirements embodying the relevant national legal provisions and the information on the main content of the national requirements.

In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy of the Draft Shipping (STCW Convention, 2010) Regulation, 2016 (Regulation 1.3); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services (Standard A5.1.4, paragraph 3); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: the number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; the number of cases where significant deficiencies were detected; the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); a copy of a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with serious concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that no other Conventions on maritime labour had previously been ratified by Kiribati. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Kiribati on 18 January 2017. It notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General questions on application. Implementing measures. The Committee notes the Government’s reference to the draft Maritime Act 2016 and the draft Merchant Shipping Regulations 2016 (hereafter, the draft Regulations) which are yet to be adopted by the Parliament. While acknowledging that these drafts represent important steps towards the implementation of the Convention, the Committee notes that some draft provisions need to be revised in order to ensure full conformity with the Convention, as explained in detail below. The Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article II of the Convention, paragraphs 1(f), 2, 3 and 7. Scope of application. Seafarers. The Committee notes that according to section 3(1) of the draft Regulations, a seafarer is defined as any person who is employed in any capacity on board a ship to which these Regulations apply. The Committee also notes that this definition contains a list of persons who are not considered seafarers, including, among others: (i) scientists, researchers, divers, specialist off-shore technicians etc. whose work is not part of the routine business of the ship; (ii) harbour pilots, inspectors, surveyors, auditors, superintendents etc., who, although trained and qualified in maritime skills and performing key specialist functions, their work is not part of the routine business of the ship; (iii) guest entertainers, repair technicians, portworkers whose work is occasional and short term with their principal place of employment being ashore; (iv) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee requests the Government to indicate whether these determinations have been made after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraphs 3 and 7, of the Convention (as also contained in section 3(3) of the draft Regulations). Concerning the last element of the list – non-marine personnel – the Committee recalls that under the terms of the resolution concerning information on occupational groups, adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee therefore requests the Government to indicate how the decision to exclude non-marine personnel from the definition of “seafarer” in the draft Regulations takes into account this resolution.

Article II, paragraph 6. Scope of application. Ships under 200 gross tonnage. The Committee notes that section 4 of the draft Regulations provides that where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details in provisions of “these Regulations” to a ship or particular categories of ships, those details will not apply to seafarers on the ship or ships concerned to the extent that those seafarers are covered by other provisions relating to those details and that the other provisions fully implement the relevant provisions of the Regulations of the Convention. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations and may only be made with respect to ships of less than 200 gross tonnages not engaged in international voyages. The Committee recalls that the flexibility provided for in Article II, paragraph 6, only pertains to “certain details of the Code”, that is Standards and Guidelines and not to the Regulations. The Committee therefore requests the Government to indicate the measures taken to revise section 4 of the draft Regulations to ensure full conformity with the provisions of Article II, paragraph 6, thereby restricting the use of this flexibility in relation to Standards and Guidelines of the Convention.

Article VI, paragraphs (3) and (4). Concept of substantial equivalence. The Committee notes that Marine Circular No. 23/2013, which provides information to shipowners on the procedure for certification under the MLC, 2006, states that, when requesting certification, the shipowner has to carry out a gap analysis of the vessel and company policies and advise whether there are any substantial equivalencies or exemptions it would wish to be granted by the Kiribati Ship Registry. While noting that such possibility for the shipowner to request substantial equivalence is not contained in the draft Regulations, the Committee recalls that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with paragraphs 3 and 4 of Article VI, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. The Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in paragraph 4 of Article VI. The Committee requests the Government to provide detailed information, as explained above, with respect to the adoption of substantial equivalence(s) and to ensure that any use of such possibility will be regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age of seafarers. The Committee notes that while section 4(1) of the draft Regulations provides that “the employment, engagement or work on board a ship of any person under the age of 16 is prohibited”, section 115(1) and (2) of the Employment and Industrial Relations (EIR) Code, 2015 states that the minimum age of 14 applies to maritime work. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. Observing that the legislation currently in force is not in conformity with the Convention, the Committee requests the Government to take the necessary steps, including the revision of section 115(1) and (2) of the EIR Code, to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Determination of types of work which are likely to jeopardize the health and safety of seafarers under 18 years of age. The Committee notes that section 4(3) of the draft Regulations provides that the activities or work likely to jeopardize the health or safety of seafarers under the age of 18 are those that shall be determined as likely to jeopardize their health or safety by the competent authority after consultation with the shipowners’ or seafarers’ organizations, in accordance with relevant international standards. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 1.3, paragraphs 1 and 2. Training and qualifications. The Committee notes that section 88 of the draft Maritime Act 2016 provides that training and certification on ships of more than 300 gross tonnage are determined in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) provisions; certification for service on ships of less than 300 gross tonnage shall comply with section 100 of this Act, which provides that the Minister may make regulations in this respect. The Committee recalls that Regulation 1.3 does not allow for exceptions to the requirement of training or certification to work on a ship. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with these requirements of the Convention. The Committee further notes that there are no provisions in the national legislation which require seafarers to successfully complete training for personal safety on board ship. The Committee therefore requests the Government to indicate how it ensures that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in conformity with Regulation 1.3, paragraph 2.

Regulation 2.3, paragraph 2, and Standard A2.3, paragraph 2. Hours of work and hours of rest. While noting that the Declaration of Maritime Labour Compliance (DMLC), Part I, refers to the minimum hours of rest regime, the Committee notes that section 9(4) of the draft Regulations reproduces the provisions of Standard A2.3, paragraph 5, of the Convention, thereby providing for the alternative between maximum hours of work and minimum hours of rest. The Committee recalls that, under Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work or a minimum number of hours of rest. The Committee considers that the determination of the system of hours of work or hours of rest has to be made by the competent authority and cannot be left to collective agreements or to the selective application by shipowners or masters. The Committee requests the Government to take the necessary measures to fix either a maximum number of hours of work or a minimum number of hours of rest in conformity with these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1, paragraph 2 and the Code. On-board recreational facilities. Ships constructed before entry into force of the Convention in Kiribati. The Committee notes that the DMLC, Part I, states that ships constructed before the entry into force of the Convention would be exempted from complying with requirements of on-board recreational facilities provided for under the MLC, 2006. The Committee recalls that the possible exception contained in Regulation 3.1, paragraph 2, only concerns requirements which relate to ship construction and equipment; it does not cover however all on-board recreational facilities. With particular reference to Standard A3.1, paragraph 17, the Committee requests the Government to indicate how it ensures that on-board recreational facilities are made available to seafarers on all ships flying its flag, whether constructed before or after the entry into force of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 2. Standard medical report form. The Committee notes that, while section 17(4) of the draft Regulations provides for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers, the Government indicates that such standard medical report form has not been adopted yet. The Committee requests the Government to adopt such document as required by Standard A4.1, paragraph 2, and provide a copy.

Regulation 4.2 and Standard A4.2.1, paragraphs 1 and 3. Shipowners’ liability. The Committee notes that the Government provided a copy of the 1977 edition of the Workmen’s Compensation Ordinance and of its subsequent amendments up to 1994. However, the Government refers in its report to a Workmen’s Compensation Act, 1998. The Committee requests the Government to clarify whether there have been legislative changes in 1998 in relation to the Workmen’s Compensation Act and, if so, to provide a copy of the amendments.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is no plan for the development of seafarer welfare facilities in Kiribati nor plans to encourage the establishment of welfare boards. The Committee requests the Government to indicate the measures taken to promote the development of welfare facilities at appropriate ports of Kiribati as well as the establishment of welfare boards, as provided for in section 20(1) and (5) of the draft Regulations and in conformity with Standard A4.4, paragraphs 2 and 3, of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that in accordance with Standard A4.5(2) and (10), the Government specified at the time of ratification that protection would be provided for the following branches of social security: medical care; sickness benefit and employment injury benefit. However, it notes that in section 21(3) of the draft Regulations, the provisions state that the three branches covered are medical care, sickness benefit and “unemployment injury benefit”. The Committee requests the Government to review this draft provision to clarify whether the third branch covered is employment injury benefit (which would be in compliance with the declaration submitted at the time of ratification) or unemployment benefit. The Committee further notes that the Government does not provide information on the main benefits related to the protection provided. The Committee requests the Government to indicate the main benefits provided under national legislation in the branches concerned (medical care, sickness benefit and employment injury benefit). The Committee further notes that section 21(6) of the draft Regulations provides that “the competent authority shall establish fair and effective procedures for the settlement of disputes to cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in which the coverage is provided”. The Committee requests the Government to provide information on the measures taken in application of this provision.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes the Government’s indication that the inspection of compliance with the Convention has been delegated to the inspectors employed by a number of recognized organizations listed in the report. The Committee notes, however, that the Government has not provided examples of the agreements signed with such organizations. The Committee accordingly requests the Government to provide copies of such examples and to specify the functions that those organizations have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Interim maritime labour certificate. The Committee recalls that the Convention provides that a maritime labour certificate can be issued on an interim basis in three cases: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner ceases to assume the responsibility for the operation of a ship. It notes that the draft Regulations only refer to two cases in which an interim maritime labour certificate can be issued and does not address the circumstance when the shipowner assumes responsibility for the operation of a ship which is new to that shipowner. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. DMLC. The Committee notes that the DMLC, Part I, form available on the Kiribati Ship Registry website, only contains concise information on the main content of the national requirements embodying the relevant provisions of the Convention on the list of 16 matters to be inspected. The form does not contain however the necessary reference to the national legal provisions. Moreover, in certain instances, the form contains information that departs from the substantive content of the (draft) national legislation. One example is that under the definition of night work, the DMLC, Part I, indicates that night work is from 9 p.m. till 6 a.m. However, section 4(4) of the draft Regulations provides that “night” means a period of at least nine hours starting no later than midnight ship’s time and ending no earlier than 5 a.m. ship’s time. Another example is that the DMLC, Part I, contains information on the financial security to be provided under Regulations 2.5 and 4.2, for which no corresponding provisions of the national legislation could be found. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I, upon adoption of the draft Regulations, in order to ensure that it would identify the national requirements embodying the relevant national legal provisions and the information on the main content of the national requirements.

In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy of the Draft Shipping (STCW Convention, 2010) Regulation, 2016 (Regulation 1.3); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services (Standard A5.1.4, paragraph 3); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: the number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; the number of cases where significant deficiencies were detected; the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); a copy of a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that no other Conventions on maritime labour had previously been ratified by Kiribati. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Kiribati on 18 January 2017. It notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General questions on application. Implementing measures. The Committee notes the Government’s reference to the draft Maritime Act 2016 and the draft Merchant Shipping Regulations 2016 (hereafter, the draft Regulations) which are yet to be adopted by the Parliament. While acknowledging that these drafts represent important steps towards the implementation of the Convention, the Committee notes that some draft provisions need to be revised in order to ensure full conformity with the Convention, as explained in detail below. The Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article II of the Convention, paragraphs 1(f), 2, 3 and 7. Scope of application. Seafarers. The Committee notes that according to section 3(1) of the draft Regulations, a seafarer is defined as any person who is employed in any capacity on board a ship to which these Regulations apply. The Committee also notes that this definition contains a list of persons who are not considered seafarers, including, among others: (i) scientists, researchers, divers, specialist off-shore technicians etc. whose work is not part of the routine business of the ship; (ii) harbour pilots, inspectors, surveyors, auditors, superintendents etc., who, although trained and qualified in maritime skills and performing key specialist functions, their work is not part of the routine business of the ship; (iii) guest entertainers, repair technicians, portworkers whose work is occasional and short term with their principal place of employment being ashore; (iv) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee requests the Government to indicate whether these determinations have been made after consultations with the shipowners’ and seafarers’ organizations concerned as required by Article II, paragraphs 3 and 7, of the Convention (as also contained in section 3(3) of the draft Regulations). Concerning the last element of the list – non-marine personnel – the Committee recalls that under the terms of the resolution concerning information on occupational groups, adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee therefore requests the Government to indicate how the decision to exclude non-marine personnel from the definition of “seafarer” in the draft Regulations takes into account this resolution.

Article II, paragraph 6. Scope of application. Ships under 200 gross tonnage. The Committee notes that section 4 of the draft Regulations provides that where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details in provisions of “these Regulations” to a ship or particular categories of ships, those details will not apply to seafarers on the ship or ships concerned to the extent that those seafarers are covered by other provisions relating to those details and that the other provisions fully implement the relevant provisions of the Regulations of the Convention. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations and may only be made with respect to ships of less than 200 gross tonnages not engaged in international voyages. The Committee recalls that the flexibility provided for in Article II, paragraph 6, only pertains to “certain details of the Code”, that is Standards and Guidelines and not to the Regulations. The Committee therefore requests the Government to indicate the measures taken to revise section 4 of the draft Regulations to ensure full conformity with the provisions of Article II, paragraph 6, thereby restricting the use of this flexibility in relation to Standards and Guidelines of the Convention.

Article VI, paragraphs (3) and (4). Concept of substantial equivalence. The Committee notes that Marine Circular No. 23/2013, which provides information to shipowners on the procedure for certification under the MLC, 2006, states that, when requesting certification, the shipowner has to carry out a gap analysis of the vessel and company policies and advise whether there are any substantial equivalencies or exemptions it would wish to be granted by the Kiribati Ship Registry. While noting that such possibility for the shipowner to request substantial equivalence is not contained in the draft Regulations, the Committee recalls that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with paragraphs 3 and 4 of Article VI, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. The Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in paragraph 4 of Article VI. The Committee requests the Government to provide detailed information, as explained above, with respect to the adoption of substantial equivalence(s) and to ensure that any use of such possibility will be regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age of seafarers. The Committee notes that while section 4(1) of the draft Regulations provides that “the employment, engagement or work on board a ship of any person under the age of 16 is prohibited”, section 115(1) and (2) of the Employment and Industrial Relations (EIR) Code, 2015 states that the minimum age of 14 applies to maritime work. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. Observing that the legislation currently in force is not in conformity with the Convention, the Committee requests the Government to take the necessary steps, including the revision of section 115(1) and (2) of the EIR Code, to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Determination of types of work which are likely to jeopardize the health and safety of seafarers under 18 years of age. The Committee notes that section 4(3) of the draft Regulations provides that the activities or work likely to jeopardize the health or safety of seafarers under the age of 18 are those that shall be determined as likely to jeopardize their health or safety by the competent authority after consultation with the shipowners’ or seafarers’ organizations, in accordance with relevant international standards. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 1.3, paragraphs 1 and 2. Training and qualifications. The Committee notes that section 88 of the draft Maritime Act 2016 provides that training and certification on ships of more than 300 gross tonnage are determined in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) provisions; certification for service on ships of less than 300 gross tonnage shall comply with section 100 of this Act, which provides that the Minister may make regulations in this respect. The Committee recalls that Regulation 1.3 does not allow for exceptions to the requirement of training or certification to work on a ship. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with these requirements of the Convention. The Committee further notes that there are no provisions in the national legislation which require seafarers to successfully complete training for personal safety on board ship. The Committee therefore requests the Government to indicate how it ensures that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in conformity with Regulation 1.3, paragraph 2.

Regulation 2.3, paragraph 2, and Standard A2.3, paragraph 2. Hours of work and hours of rest. While noting that the Declaration of Maritime Labour Compliance (DMLC), Part I, refers to the minimum hours of rest regime, the Committee notes that section 9(4) of the draft Regulations reproduces the provisions of Standard A2.3, paragraph 5, of the Convention, thereby providing for the alternative between maximum hours of work and minimum hours of rest. The Committee recalls that, under Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work or a minimum number of hours of rest. The Committee considers that the determination of the system of hours of work or hours of rest has to be made by the competent authority and cannot be left to collective agreements or to the selective application by shipowners or masters. The Committee requests the Government to take the necessary measures to fix either a maximum number of hours of work or a minimum number of hours of rest in conformity with these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1, paragraph 2 and the Code. On-board recreational facilities. Ships constructed before entry into force of the Convention in Kiribati. The Committee notes that the DMLC, Part I, states that ships constructed before the entry into force of the Convention would be exempted from complying with requirements of on-board recreational facilities provided for under the MLC, 2006. The Committee recalls that the possible exception contained in Regulation 3.1, paragraph 2, only concerns requirements which relate to ship construction and equipment; it does not cover however all on-board recreational facilities. With particular reference to Standard A3.1, paragraph 17, the Committee requests the Government to indicate how it ensures that on-board recreational facilities are made available to seafarers on all ships flying its flag, whether constructed before or after the entry into force of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 2. Standard medical report form. The Committee notes that, while section 17(4) of the draft Regulations provides for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers, the Government indicates that such standard medical report form has not been adopted yet. The Committee requests the Government to adopt such document as required by Standard A4.1, paragraph 2, and provide a copy.

Regulation 4.2 and Standard A4.2.1, paragraphs 1 and 3. Shipowners’ liability. The Committee notes that the Government provided a copy of the 1977 edition of the Workmen’s Compensation Ordinance and of its subsequent amendments up to 1994. However, the Government refers in its report to a Workmen’s Compensation Act, 1998. The Committee requests the Government to clarify whether there have been legislative changes in 1998 in relation to the Workmen’s Compensation Act and, if so, to provide a copy of the amendments.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is no plan for the development of seafarer welfare facilities in Kiribati nor plans to encourage the establishment of welfare boards. The Committee requests the Government to indicate the measures taken to promote the development of welfare facilities at appropriate ports of Kiribati as well as the establishment of welfare boards, as provided for in section 20(1) and (5) of the draft Regulations and in conformity with Standard A4.4, paragraphs 2 and 3, of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that in accordance with Standard A4.5(2) and (10), the Government specified at the time of ratification that protection would be provided for the following branches of social security: medical care; sickness benefit and employment injury benefit. However, it notes that in section 21(3) of the draft Regulations, the provisions state that the three branches covered are medical care, sickness benefit and “unemployment injury benefit”. The Committee requests the Government to review this draft provision to clarify whether the third branch covered is employment injury benefit (which would be in compliance with the declaration submitted at the time of ratification) or unemployment benefit. The Committee further notes that the Government does not provide information on the main benefits related to the protection provided. The Committee requests the Government to indicate the main benefits provided under national legislation in the branches concerned (medical care, sickness benefit and employment injury benefit). The Committee further notes that section 21(6) of the draft Regulations provides that “the competent authority shall establish fair and effective procedures for the settlement of disputes to cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in which the coverage is provided”. The Committee requests the Government to provide information on the measures taken in application of this provision.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes the Government’s indication that the inspection of compliance with the Convention has been delegated to the inspectors employed by a number of recognized organizations listed in the report. The Committee notes, however, that the Government has not provided examples of the agreements signed with such organizations. The Committee accordingly requests the Government to provide copies of such examples and to specify the functions that those organizations have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Interim maritime labour certificate. The Committee recalls that the Convention provides that a maritime labour certificate can be issued on an interim basis in three cases: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner ceases to assume the responsibility for the operation of a ship. It notes that the draft Regulations only refer to two cases in which an interim maritime labour certificate can be issued and does not address the circumstance when the shipowner assumes responsibility for the operation of a ship which is new to that shipowner. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. DMLC. The Committee notes that the DMLC, Part I, form available on the Kiribati Ship Registry website, only contains concise information on the main content of the national requirements embodying the relevant provisions of the Convention on the list of 16 matters to be inspected. The form does not contain however the necessary reference to the national legal provisions. Moreover, in certain instances, the form contains information that departs from the substantive content of the (draft) national legislation. One example is that under the definition of night work, the DMLC, Part I, indicates that night work is from 9 p.m. till 6 a.m. However, section 4(4) of the draft Regulations provides that “night” means a period of at least nine hours starting no later than midnight ship’s time and ending no earlier than 5 a.m. ship’s time. Another example is that the DMLC, Part I, contains information on the financial security to be provided under Regulations 2.5 and 4.2, for which no corresponding provisions of the national legislation could be found. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I, upon adoption of the draft Regulations, in order to ensure that it would identify the national requirements embodying the relevant national legal provisions and the information on the main content of the national requirements.

In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy of the Draft Shipping (STCW Convention, 2010) Regulation, 2016 (Regulation 1.3); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services (Standard A5.1.4, paragraph 3); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: the number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; the number of cases where significant deficiencies were detected; the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); a copy of a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

[The Government is asked to reply in full to the present comments in 2019.] -- Following the modifications to the reporting cycle adopted by Governing Body, the CEACR decided to postpone this request to 2020.