Seafarers' Pensions Convention, 1946 (No. 71) - Lebanon (Ratification: 1993)

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

Previous comment

Articles 2 to 4 of the Convention. Pension scheme for seafarers. The Committee notes the Government's information that the National Social Security Fund (CNSS) has prepared a bill for submission to Parliament, amending section 9 of the Social Security Act to make it compulsory for seafarers to be entitled to a retirement pension. In addition, the Committee notes the information that Parliament is currently considering a bill establishing a pension scheme in line with international social security standards to replace the end-of-service allowance scheme. The Committee takes due note of the information concerning the replacement of the end-of-service -allowance scheme. However, the Committee notes with concern that, over the past 20 years, the Government has provided similar information in respect of the adoption of regulations to establish a compulsory pension scheme for seafarers but has not indicated any follow-up measures to ensure their adoption and that, to date, seafarers are still not entitled to a retirement pension. In this context, the Committee urges the Government to take the necessary measures to give effect to the provisions of the Convention and requests the Government to provide full details of steps taken or envisaged in this regard, in particular the finalization and adoption of national regulations to establish a compulsory pension scheme for seafarers.

[The Government is asked to reply in full to the present comment s in 2026.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2 to 4 of the Convention. Pension scheme for seafarers. The Committee has been drawing the Government’s attention to the need to establish or secure the establishment of a scheme for the payment of pensions to seafarers on retirement from sea service. The Committee recalls the Government’s previous indications that it was in the process of preparing a draft text regulating the seafarers’ pension scheme in consultation with the Association of Lebanese Shipowners and Federation of Maritime Transport Unions. The Committee hopes that the necessary measures will be taken to give effect to the provisions of the Convention, and requests the Government to provide full details of steps taken or envisaged, including finalizing its national regulations to establish a pension scheme for seafarers and to supply a copy of any text once it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2 to 4 of the Convention. Pension scheme for seafarers. The Committee has been drawing the Government’s attention to the need to establish or secure the establishment of a scheme for the payment of pensions to seafarers on retirement from sea service. The Committee notes with regret that the Government has not provided any new information concerning its previous observation. The Committee recalls the Government’s previous indications that it was in the process of preparing a draft text regulating the seafarers’ pension scheme in consultation with the Association of Lebanese Shipowners and Federation of Maritime Transport Unions. The Committee hopes that the necessary measures will be taken to give effect to the provisions of the Convention, and requests the Government to provide full details of steps taken or envisaged, including finalizing its national regulations to establish a pension scheme for seafarers and to supply a copy of any text once it has been adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 2 to 4 of the Convention. Pension scheme for seafarers. The Committee has been drawing the Government’s attention to the need to adopt legislation implementing the requirements of the Convention. More concretely, the Committee has requested the Government to take the necessary measures in order to introduce into either the Merchant Shipping Code or the Social Security Act provisions establishing a pension scheme for seafarers on retirement from sea service. The Government’s earlier indications were that it was in the process of preparing draft texts regulating the seafarers’ pension scheme, in consultation with the Association of Lebanese Shipowners and the Federation of Maritime Transport Unions. However, in its last report, received in November 2010, the Government states that nothing has been done with regard to the implementation of the Convention or the adoption of executive decrees and measures concerning Lebanese workers employed on board Lebanese-registered vessels. Noting therefore that the Convention in its entirety is still not applied in practice, and that no progress has been made for more than 15 years, the Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 to 4 of the Convention. Pension scheme for seafarers. The Committee has been drawing the Government’s attention to the need to adopt legislation implementing the requirements of the Convention. More concretely, the Committee has requested the Government to take the necessary measures in order to introduce into either the Merchant Shipping Code or the Social Security Act provisions establishing a pension scheme for seafarers on retirement from sea service. The Government’s earlier indications were that it was in the process of preparing draft texts regulating the seafarers’ pension scheme, in consultation with the Association of Lebanese Shipowners and the Federation of Maritime Transport Unions. However, in its last report, received in November 2010, the Government states that nothing has been done with regard to the implementation of the Convention or the adoption of executive decrees and measures concerning Lebanese workers employed on board Lebanese-registered vessels. Noting therefore that the Convention in its entirety is still not applied in practice, and that no progress has been made for more than 15 years, the Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is requested to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Government indicates in its last report that no seafarers’ pensions scheme exists and that, consequently, the Convention is not applied in practice.

The Committee recalls that, in its last report, the Government indicated that the question of establishing a seafarers’ pensions scheme was discussed at a meeting in which the Society of Lebanese Shipowners and the Federation of Maritime Transport Unions took part. There was agreement regarding the preparation of draft texts regulating the seafarers’ pension scheme, and the drafts were to be discussed at subsequent meetings. The Government also indicated that Convention No. 71 is part of the national legislation by virtue of its ratification and that the need to amend the Maritime Commerce Code is purely a formality, in that the Convention is a legislative text in force which may nevertheless require promulgation of implementing texts or regulations to be given effect. The provisions of the Convention can be inserted in regulations amending the Maritime Commerce Code.

The Committee hopes, as it indicated in its previous report, that the Government will be able to take all the necessary measures in the very near future to supplement the Maritime Commerce Code so as to establish a seafarers’ pensions scheme. The Committee recalls that, to be in conformity with the Convention, the scheme must guarantee payment of a pension for the duration of the contingency to all seafarers who retire from sea service and who fulfil the conditions of entitlement to a pension. It requests the Government to supply a copy of any text adopted in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

In reply to the Committee’s previous comments, the Government indicates that the question of establishing a seafarers’ pensions scheme was discussed at a meeting in which the Society of Lebanese Shipowners and the Federation of Maritime Transport Unions took part. There was agreement regarding the preparation of draft texts regulating the seafarers’ pension scheme, and the drafts will be discussed at subsequent meetings. The Government adds that Convention No. 71 is part of the national legislation by virtue of its ratification and that the need to amend the Maritime Commerce Code is purely a formality in that the Convention is a legislative text in force which may nevertheless require promulgation of implementing texts or regulations to be given effect. The provisions of the Convention can be inserted in regulations amending the Maritime Commerce Code.

The Committee notes this information with interest. It hopes that, as indicated in its report, the Government will be able to take all the necessary measures in the very near future to supplement the Maritime Commerce Code so as to establish a seafarers’ pensions scheme. The Committee recalls that, to be in conformity with the Convention, the scheme must guarantee payment of a pension for the duration of the contingency to all seafarers who retire from sea service and who fulfil the conditions of entitlement to a pension. It requests the Government to supply a copy of any text adopted in this regard.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its first and second reports and, in particular, that the provisions of the Convention have not yet been included in the Merchant Shipping Code. It hopes that the Government will take the necessary measures to insert into its legislation -- Merchant Shipping Code or Social Security Act -- provisions establishing a pensions' scheme for seafarers on retirement from sea service. In this respect, the Committee recalls that under the Convention seafarers who retire from sea service and fulfil the conditions required for entitlement to a pension must be paid a pension in the form of an allowance for as long as the situation continues. The Committee requests the Government to supply information on any progress made in this direction.