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Comments adopted by the CEACR: Seychelles

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides for some protection against discrimination based on gender as regards remuneration, but does not provide for equal remuneration for men and women for work of equal value. It previously noted that sections 48(1) and (9) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly provided for equal remuneration for men and women for work of equal value, and expressed the hope that the Bill would be adopted as soon as possible. The Committee notes the Government’s statement, in its report, that a new Employment Bill was elaborated in 2018, in order to introduce additional amendments while still incorporating the principle of the Convention. The Government adds that the recent COVID-19 pandemic has further delayed the possible approval of this new Employment Bill. The Committee expresses the firm hope that the Government will make every possible efforts to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.
Articles 2 and 3. Assessment of the gender pay gap. The Committee previously noted that, according to the last available statistical information: in 2012, the average gender pay gap for all occupational groups was estimated around 20 per cent. It requested the Government to provide updated statistical data, together with the findings of the Technical Research of 2012-15 on the labour market regarding gender issues, in particular the gender pay gap. Regarding the findings of the Technical Research, the Committee notes the Government’s statement that the draft Technical Research has not been approved as the information was outdated and none was available on the gender pay gap. It notes the Government’s indication that the National Bureau of Statistics (NBS) calculates average earnings by industry and sex for the government and parastatal sectors, while no data is available for the private sector which remains the predominant source of employment, representing 66.1 per cent of the formal employment (compared to 19.4 per cent for the government sector and 14.4 per cent for the parastatal sector) in 2020. The Committee notes that the Decent Work Country Programme (DWCP) for 2019-2023 highlights that more women than men are engaged in low paid jobs but the lack of sex-disaggregated information makes it difficult to assess the actual situation. In that regard, the DWCP sets as a specific output the strengthening of the labour market statistics and information systems through improved statistical surveys. The Committee further notes the Government’s indication that (1) the Seychelles Revenue Commission is finalizing data collection procedures on earnings in the private sector; (2) the Ministry of Employment, Immigration and Civil status has requested the NBS to undertake the analysis of the gender pay gap in their upcoming Household Budget Survey; and (3) the NBS has suggested the inclusion of income disparity indicators in the Quarterly Labour Force Survey to capture relevant data requirements and will consult the ILO for technical assistance to that end. The Committee welcomes this information. It however notes that, according to the NBS, in 2019, the average gender pay gap was estimated at 15.35 per cent in the public sector and 19.19 per cent in the parastatal sector, proportions which remain mostly unchanged since 2017. Furthermore, in the government and parastatal sectors, for which data are available, women employed in same occupational categories than men systematically received lower remuneration in all occupational categories. The Committee notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) remained concerned that women frequently face occupational segregation with concomitant wage differentials, and that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, 12 November 2019, paragraph 35). The Committee hopes that the Government will soon be able to collect and provide updated statistical information on remuneration levels by sector and occupational group, disaggregated by sex, that would permit an assessment of the evolution of the nature and extent of the pay gap, in particular in the private sector. It asks the Government to provide information on any progress made in that regard, particularly by the Seychelles Revenue Commission and the National Bureau of Statistics and within the framework of the DWCP for 2019-2023, as well as any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in the private, government and parastatal sectors. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in that regard.
Article 2(2)(b). National minimum wage. Referring to its previous comments where it asked the Government to provide information on the effective enforcement of the minimum wage, in particular in sectors in which women predominate, the Committee notes the Government’s indication that the national hourly minimum wage is set based on the cost of living and employment and unemployment trends, and is applicable to both men and women. The Committee welcomes the adoption of the Employment (National Minimum Wage) (Amendment) Regulations, 2019 (S.I. No. 62 of 2019) which increases the national minimum wage. The Committee again asks the Government to provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well on any obstacles encountered, in particular in sectors in which women predominate.
Article 3. Objective job evaluation. The Committee previously noted that, in the public sector, salaries established in the Public Service Salary Table, adopted in 2013, are based on a set of factors free from gender bias and requested the Government to take steps to promote the use of objective job evaluation methods in the private sector. The Committee notes with regret the Government’s statement that no method has been adopted to promote objective job evaluation, as no legal provision ensuring equal pay for work of equal value has been adopted yet. In light of the persistent occupational segregation and substantive gender pay gap in the public and para-public sectors, for which recent data are available, the Committee wishes to draw the Government’s attention to its obligation to ensure that the principle of the Convention is also applied in the private sector. It recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see General Survey on fundamental Conventions, 2012, paragraph 695). The Committee hopes that the Government will strengthen its efforts to promote the use of practical approaches and methods for the objective evaluation of jobs in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure that skills considered to be “female” (such as manual dexterity or skills required in the caring professions) are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting). It asks the Government to provide information on any measures taken or envisaged to that end.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 3 of the Convention. Protection of workers against discrimination. Legislation. For a number of years, the Committee has been requesting that, in the context of the revision of the Employment Act of 1995, the Government take steps to include in its national legislation provisions fully reflecting the Convention. It previously noted that sections 48(2) and (3) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly prohibited direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Employment Bill was adopted, in 2018, but that the above-referred provisions have been maintained. The Government adds that a new section 48(8) has been added in the Employment Bill prohibiting discrimination against «a person or worker who is a member or office bearer of a trade union or refuses to become a member of a trade union or take part in the activities of a trade union». The Committee further notes the Government’s indication that, in 2019, no complaint was made regarding employment discrimination based on the grounds prohibited by the Convention. The Committee expresses the firm hope that the Government will make every possible effort to give full legislative expression to the principles of the Convention by ensuring that its national legislation explicitly defines and prohibits direct and indirect discrimination in employment and occupation, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to continue to provide information on any progress made in that regard, as well as on the number, nature and outcomes of any complaints dealt with by the competent authorities regarding employment discrimination based on the grounds covered by the Convention.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that the Employment Bill of 2016 included a specific definition of sexual harassment but it only covered sexual harassment based on quid pro quo without addressing sexual harassment due to a hostile work environment. It notes the Government’s statement that section 48(5) of the Employment Bill of 2018 prohibits hostile environment harassment in terms that are wide enough to cover sexual harassment. The Committee however observes that such provision does not seem to refer explicitly to sexual harassment and generally refers to “unwelcome or unfriendly act committed by an employer”. In that regard, it wishes to recall that, to be effective, the prohibition of sexual harassment, which is a serious manifestation of sex discrimination, must explicitly cover not only behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee notes the adoption of the Domestic Violence Act, 2020 (Act No. 21 of 2020) which provides for the protection of victims of domestic violence but observes, in that regard, that the Act limits sexual harassment to «repeatedly unwanted sexual advances towards a person» (section 2). Taking note of the Government’s statement that no complaint for sexual harassment has been dealt with by the competent authorities, the Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the incidence of gender-based violence in the State party which continues to be among the highest in the region; as well as the (2) underreporting of gender-based violence against women. The CEDAW explicitly recommended that the Government expeditiously adopt legislation criminalizing sexual harassment (CEDAW/C/SYC/CO/6, 12 November 2019, paragraphs 25 and 26). The Committee further notes that, in July 2021, in the context of the Universal Periodic Review (UPR), the United Nations (UN) Human Rights Council further recommended to strengthen efforts to combat gender-based violence, including by raising public awareness (A/HRC/48/14, 9 July 2021, paragraph 111). In light of the ongoing revision of the Employment Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment; and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures and activities implemented in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation in practice. The Committee asks the Government to continue to provide information on the number and outcome of any complaints of sexual harassment.
Articles 2 and 3. National policy to promote equality of opportunity and treatment. Referring to its previous comments where it asked the Government to provide information on any concrete steps taken, pursuant to the National Employment Policy and Strategies of 2014, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It takes notes of the Government’s statement that the current practices in promoting equality are based primarily on implementing laws that prevent such actions. However, in light of the current absence of legislative provisions that explicitly prohibit direct and indirect discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, the Committee wishes to emphasize the importance of implementing a national equality policy that would ensure that, in practice, workers are effectively protected against discrimination. Regarding the revised HIV/AIDS Policy of 2016 which includes as specific objective to reduce discrimination associated with HIV and AIDS in the workplace, the Government states that an action plan was drafted and sensitization activities were conducted in 2019 and 2020, including in collaboration with the National AIDS Council. The Committee notes the Government’s indication that no case of discrimination against workers on the basis of their real or perceived HIV status was registered in 2019, but that an evaluation of the action plan will be conducted in 2021. The Committee again asks the Government to provide information on the nature and impact of the activities implemented, in the framework of the National Employment Policy and Strategies or otherwise, to promote equality in employment and occupation, in particular irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, including awareness-raising or training activities, affirmative action measures, dissemination of good practices, and development of codes or guides. It further asks the Government to provide information on the results of the evaluation of the HIV/AIDS policy and action plan undertaken in 2021, in particular regarding their impact on discrimination associated with HIV and AIDS in the workplace, as well as on any case of discrimination and stigmatization of workers on the basis of their real or perceived HIV status dealt with by the competent authorities.
Promoting gender equality and addressing occupational gender segregation. Referring to its previous comments regarding the adoption of the National Gender Policy in 2016, the Committee welcomes the adoption, in March 2019, of the National Gender Plan of Action (NGPOA) for 2019-2023 which aims at articulating the activities that have to be undertaken by the respective sectors for the attainment of the policy’s goals and objectives. It notes the Government's indication that several actions will be undertaken under the NGPOA, among which are: (1) conducting a survey to identify barriers that impede women advancement in male dominated areas and sensitizing private sector employers on survey findings and their duties to address any discrimination; and (2) sensitizing women on their right to non-discrimination in the workplace, including during pregnancy. The Committee further notes that, as highlighted in the Decent Work Country Programme (DWCP) for 2019-2023, although statistics show that Seychelles has made significant progress in reducing gender inequality in the public sector, with an increasing number of women (approximately 40 per cent) occupying senior and decision-making positions, there is still a lack of statistics to establish the gender differences in the private sector. However, there is evidence that women continue to be slightly at a disadvantage when it comes to job opportunities, some jobs being difficult to access especially for women. In that regard, the Committee notes the Government’s indication that while occupational gender segregation is not a prevalent subject in Seychelles, there is clear evidence showing that either men or women are over-represented in certain sectors and to that end the National Institute of Science, Technology and Innovation is encouraging more girls to follow science, technology, engineering and mathematics (STEM) programmes.
The Committee notes that the DWCP sets as a specific priority the elaboration of a study on discrimination and gender equality but observes that the Government states that its implementation will depend on financial availability given the financial impact of the COVID-19 pandemic. In that regard, the Committee wishes to recall that workers most vulnerable to discrimination are generally more likely to be adversely affected by crises such as the COVID-19 pandemic and that specific attention should be given to the elaboration of a study on discrimination and gender equality which is critical, particularly to better understand and develop effective strategies and measures to minimize and address all forms of discrimination at work, more particularly between men and women. The Committee further notes that, in its concluding observations, the CEDAW remained concerned about: (1) the concentration of women and girls in traditionally female-dominated fields of study and their underrepresentation in the fields of STEM at the secondary and tertiary levels; (2) the lack of data, disaggregated by age and other relevant factors, on the dropout rate among pregnant girls and their re-entry rate following childbirth; (3) the persistence of discriminatory gender stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; as well as (4) the frequent occupational segregation faced by women and the fact that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, paragraphs 23, 33 and 35). Furthermore, in July 2021, in the context of the UPR, the UN Human Rights Council specifically recommended to the country to address stereotypical attitudes about the roles and responsibilities of women and men in the family and in society in order to fully achieve gender equality (A/HRC/48/14, paragraph 111). The Committee asks the Government to: (i) provide information on the concrete measures implemented, in particular in the framework of the National Gender Plan of Action and the Decent Work Country Programme for 2019-2023; (ii) address occupational gender segregation through the diversification of the areas of education and vocational training for women; and (iii) improve equality of opportunity and treatment between men and women in employment and occupation in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. In that regard, it asks the Government to provide information on the results of any survey conducted on gender equality and discrimination at work, in particular in order to identify barriers that impede women advancement in male dominated areas. Recalling the importance of collecting statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, the Committee asks the Government to provide such information in its next report.
Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. Referring to its previous comments regarding its general observation of 2018 on discrimination based on race, colour and national extraction, the Committee welcomes the adoption of the Labour Migration Policy in October 2019 and notes that the policy sets as specific objective to protect the rights of migrant workers, on the basis of the principles of equality of treatment and non-discrimination. The policy recognizes that, despite a number of regulations and legal instruments adopted to protect the human and labour rights of migrant workers, documented rights violations and areas for concern include discriminatory wage practices, abusive working conditions, concentration of migrants in hazardous occupations, and lack of access to information, in particular for low-skilled migrant workers, including domestic workers. The Committee notes that, in light of the specific needs and vulnerabilities of migrant workers, the policy provides that the Government will take measures to strengthen the enforcement of existing regulations, protect workers from fraudulent and abusive recruitment practices, and improve data collection on abuses and violations. Welcoming the adoption of the Labour Migration Policy, the Committee asks the Government to provide information on the content and impact of the measures effectively implemented to address discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers and promote equality of opportunity and treatment of migrant workers.
Awareness-raising and enforcement. Referring to its previous comments regarding the activities undertaken to raise awareness of the principles of the Convention and ensure the effective application of the legislation, more particularly regarding the prohibition of discrimination in job vacancies, the Committee notes the Government’s indication that, in order to be proactive against discrimination cases, the Industrial Relations Section of the Employment Department also employs inspection officers who organize daily visits to identify potential breaches of employment laws and regulations, and conducts public sensitization programmes and activities, including via national television and radio programmes. The Government adds that discrimination regarding employment opportunities may exist in the country but that the numbers are very low in terms of reporting. In that regard, the Committee refers, to its 2020 direct request on the Labour Inspection Convention, 1947 (No. 81), where it noted that, according to the DWCP, the Labour Monitoring and Compliance Section of the Employment Department requires further capacity to maximize its effectiveness in its future labour inspections. It further notes, from the 2019 annual report of the Seychelles Human Rights Commission, that only four complaints were registered regarding the right to work but that no further information is available regarding their specific content or outcome. Regarding the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies, the Committee notes the Government’s statement that when it has been established that an employer has issued a discriminatory job vacancy, the Employment Department advises the employer that the content of the advert is contrary to the national legislation and requests him or her to re-advertise. The Committee asks the Government to provide information on the nature and impact of the activities undertaken, including by the Industrial Relations Section of the Employment Department, to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention, as well as the remedies and procedures available. It also asks the Government to provide information on the concrete measures taken to reinforce the capacity and effectiveness of the Labour Monitoring and Compliance Section of the Employment Department, and their impact in terms of identification and reporting of cases of discrimination in employment and occupation. The Committee asks the Government to provide information on the number, nature and outcome of administrative and judicial decisions regarding the principles of the Convention, and more particularly discriminatory job vacancies.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Seychelles on 18 January 2017, on 08 January 2019, and on 26 December 2020 respectively. The Committee draws the Government’s attention to the following issues.
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 and on 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 in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions. Scope of application. Seafarers. National determination. The Committee previously noted that section 3(1) of Part I of the Merchant Shipping (MLC) Regulations 2015 does not include, within the definition of “seafarers”, a number of categories of persons working on board, among which are (l) pupils who are serving an internship on board from technical and nautical schools and universities (subparagraph (l)); and (2) students of any university undergoing training at training facilities and undergoing practical training and sea-service experience on a ship for this purpose (subparagraph (m)). The Committee requested the Government to clarify whether subparagraphs (l) and (m) mentioned above refer to persons obtaining on-board training for the purpose of becoming seafarers and if so, to ensure that those persons are regarded as seafarers and enjoy the protection provided for by the Convention. The Committee notes the Government’s indication that subparagraphs (l) and (m) encompass persons obtaining on-board training for the purpose of becoming seafarers, and that it acknowledges the lack of protection for the mentioned categories of persons. The Government further indicates that Seychelles will amend the Regulations so as to provide, in the near future, persons obtaining on board training for the purpose of becoming seafarers with the same level of protection as provided for under the Convention. The Government also indicates that in the meantime, if the ship has a Seychelles flag, those categories of persons may fall within the scope of section 27(c) of the Employment Act 1995 if they are considered to be “participants in apprenticeship schemes”, in which case the protection afforded by the Employment Act 1995 to workers will also be afforded to them (section 2 of the said Act). The Committee requests the Government to adopt the necessary measures in order to ensure that trainees are regarded as seafarers and to provide information on any developments in this regard.
Noting that the Merchant Shipping (MLC) Regulations, 2015 do not consider as seafarers persons engaged in work on board for either less than 72 hours or less than 96 hours, the Committee requested the Government to clarify in which specific time frame the above limits are calculated. The Committee also requested the Government to indicate if consultations were held regarding the categories of persons not to be considered as seafarers under the Merchant Shipping (MLC) Regulations 2015. The Committee notes the Government’s indication that, while the Merchant Shipping (MLC) Regulations, 2015, indeed do not specify the time frame in which these limits are calculated, Seychelles has an adopted standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon accordingly with the concerned and relevant parties, and that, in the case of these regulations, including the decision to not consider certain categories of persons as seafarers, consultations chaired by the Principal Secretary of Employment Department were held. The Committee notes this information, which addresses the point previously raised.
Article II, paragraphs 1(i) and 4. Definitions. Scope of application. Ships. Noting that section 4(2), Part I, of the Merchant Shipping (MLC) Regulations 2015, provides that the said regulations do not apply to “pleasure vessels”, the Committee requested the Government to provide information on the types of ships that fall under the category of “pleasure vessels”. The Committee also requested the Government to provide information on whether consultations were held regarding the fact that the Convention does not apply to pleasure vessels. The Committee notes the Government’s indication that section 84(2)(c), Part VI, of Merchant Shipping (MLC) Regulations 2015 defines a pleasure vessel as a vessel (i) exclusively used for pleasure; and (ii) not used for hire, reward or any commercial purpose. With respect to consultations, the Government reiterates that Seychelles has an adopted standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon accordingly with the concerned and that such consultations were held and chaired by the Principal Secretary of Employment Department. The Committee takes note of this information, which addresses its previous request.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting inconsistencies among national requirements with respect to minimum age for seafarers to work on board a ship, the Committee requested the Government to clarify the articulation of the relevant national legislation. The Committee notes the Government’s indication that in order to avoid any internal conflict of laws between the Merchant Shipping (MLC) Regulations, 2015 specific to the employment of seafarers and the Conditions of Employment Regulations, 1991, regulating general employment matters, the Employment Act (Exemption) Order, 2016 specifically exempts a seafarer as defined in the Merchant (MLC) Regulations, 2015 employed for service on a seagoing ship to which the Merchant Shipping (MLC) Regulations, 2015 apply from the whole of the Employment Act and its subsidiary legislation. The Government further states that the two pieces of legislation regulating the minimum age to work on board a ship coexist but they do not have the same scope of application and that the minimum age of a seafarer to work on a seagoing ship to which the Merchant Shipping (MLC) Regulations, 2015 apply is 16. The Committee takes note of this information, which addresses its previous request.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting that there does not seem to be an express prohibition of night work for young seafarers in national legislation and that the Government indicates that the prohibition of night work for young seafarers may be waived when the effectiveness of the apprenticeship would be impaired, the Committee requested the Government to provide information on whether the competent authority has authorized exceptional derogations to the prohibition of night work in accordance with established training programmes and schedules. The Committee notes the Government’s indication that section 6(vii), Schedule, Part I, of the Merchant Shipping (Maritime Labour Convention) Regulation, 2015 provides for masters at their own discretion to examine and decide whether young crew members can perform watch keeping during the night. The Government further states that the Competent Authority has the discretionary power to authorize such a derogation, however, such an act has never been done by Seychelles Maritime Safety Authority. While noting this information, the Committee recalls that the responsibility of authorizing strict exceptions to the night work restriction lies with the competent authority and not the master in accordance with Standard A1.1, paragraph 3(b) of the Convention, which requires that “the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being”. The Committee requests the Government to take the necessary measures to ensure that exceptions to night work are only allowed in conformity with the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that section 1(4), Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations 2015 authorizes exceptions to the prohibition of hazardous work for seafarers under the age of 18 in so far as it is necessary to achieve the objective of their training provided the task is performed under appropriate supervision. The Committee notes the Government’s indication that shipowners would have to seek permission from the Competent Authority before exercising such an exception. The Committee further observes that section 1(6), Part I, of the Merchant Shipping (MLC) Regulations 2015, provides for a list of restricted activities corresponding to the list of subparagraphs (a) to (l) of Guideline B4.3.10 paragraph 2 of the Convention that can however be undertaken by young seafarers under appropriate supervision and instruction. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to adopt the necessary measures without delay to give full effect to Standard A1.1, paragraph 4, clearly distinguishing between types of work that are prohibited and those that can only be undertaken under adequate supervision. The Committee also requested the Government to specify whether the social partners concerned were consulted on the list of hazardous work provided for in section 1(3), Part I, of the Merchant Shipping (MLC) Regulations 2015 in accordance with the requirement of Standard A1.1 paragraph 4 that the types of work to be considered hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee notes the Government’s indication that the relevant parties were consulted within the framework of its standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon. The Committee takes note of this information, which addresses its previous request.
Regulation 1.4 and the Code. Recruitment and placement. Recalling that Standard A1.4, paragraph 6, requires that the competent authority closely supervise the operations of the seafarers’ recruitment and placement agencies and that Guideline B1.4.1 provides organizational and operational guidance for this supervision, the Committee requested the Government to provide information on the functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Seychelles. The Committee notes the Government’s indication that there are no seafarer’s recruitment and placement services currently operating in Seychelles. The Committee therefore requests the Government to indicate how seafarers resident in Seychelles are generally recruited for ships flying its flag and for ships flying the flags of other countries.
Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that the requirements of Regulation 2.1 and the Code are implemented through the Merchant Shipping (MLC) Regulations 2015, Schedule, Part 2, section 5. The Committee further notes that the Government has provided an example of a seafarers’ employment agreement (hereinafter SEA) which refers to the Merchant Shipping (MLC) Regulations 2015 but also states that the contracting parties agree that the employment agreement shall be governed by Liberian law. The Committee recalls that the terms and conditions for employment of seafarers on board ships flying its flag shall be subject to Seychelles’ national laws and regulations. Noting that seafarers working on board ships flying the flag of Seychelles are in at least one instance subject to foreign national provisions based on the origin of the vessels, the Committee recalls that the implementation of Regulation 2.1 and the Code is a central element to ensure that seafarers benefit from the protection provided by the Convention and therefore requests the Government to take the necessary measures to give full effect to these provisions of the Convention in practice.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard 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 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 3 and 4. Hours of work and hours of rest. Normal working hours standard. Danger of fatigue. Noting that the Merchant Shipping (MLC) Regulations 2015 do not include provisions on normal working hours for seafarers nor do they address the danger of fatigue, the Committee requested the Government to clarify whether normal working hours’ standard for seafarers takes into account one day of weekly rest and rest on public holidays as required by the Convention and whether the fatigue of seafarers has been taken into account in determining the standards of the Merchant Shipping (MLC) Regulations 2015 regarding working hours. The Committee notes the Government’s indication that the Authority does take these requirements into account by requesting the rest hours logs from the relevant entity. The Committee observes however that the examples of rest hours logs submitted by the Government seem to indicate in some instances a total number of overtime work which is greater than the number of hours authorized by section 6(7), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations 2015, according to which “the fixed rate overtime referred to in subparagraph (6)(iii) shall include overtime work performed on Sundays and holidays but shall not exceed eighty five hours a month.” The Committee further observes that one day of rest per week does not seem to be granted in some cases. The SEA provided by the Government also provides for a higher number of hours of overtime work. In the absence of clear provisions regulating the requirement of Standard A2.3, paragraphs 3 and 4, that each Member acknowledges that the normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, taking into account the danger posed by the fatigue of seafarers, the Committee requests the Government to take the necessary measures to comply with the Convention.
Noting that, pursuant to section 7(6), Part 2 of the Schedule of the Merchant Shipping (MLC) Regulations 2015, collective bargaining agreements may be concluded on hours of work to allow more frequent or longer leave periods or the grant of compensatory leave for seafarers working on board ships on short voyages, the Committee requested the Government to provide information on how it ensures that collective bargaining agreements on hours of work are not less favourable than the normal working hours’ standard based on an eight-hour day with one day of rest per week and rest on public holidays set in the Convention. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority as the competent authority liaises with the relevant entities, which enforces collective bargaining agreements in the seafarer’s employment agreements (e.g. Seychelles Petroleum Company, German Tanker Shipping). The Committee takes note of this information.
Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Hours of work and hours of rest. Division of hours of rest. Exceptions. The Committee previously noted that section 7(8), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations 2015, while providing for an exception to the limits on minimum hours of rest based on the requirement of the STCW Convention, does not provide that such exceptions can only be foreseen by way of collective agreements. Therefore, the Committee requested the Government to provide information on how it ensures that any exception to the limits to the minimum hours of rest follows the requirements of Standard A2.3, paragraph 13. The Committee notes the Government’s indication that the Seychelles Maritime Safety Authority reviews the collective agreements being enforced on Seychellois seafarers to ensure they are in compliance with both the Merchant Shipping (MLC) Regulations, 2015 and the MLC, 2006. The Committee observes that the Government has not provided information on exceptions that may be granted for seafarers who are employed on ships that are not covered by a collective bargaining agreement. The Committee recalls in this regard that any exception to the limits set out in Standard A2.3, including those provided for in the STCW, as amended, shall follow the requirements of Standard A2.3, paragraph 13. In accordance with such requirements, a Member may have national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out in Standard A2.3, paragraph 6. The Committee requests the Government to explain whether all the exceptions granted under the Merchant Shipping (MLC) Regulations, 2015 are provided within the framework of collective bargaining agreements. If they are not, the Committee requests the Government to adopt the necessary measures to implement Standard A2.3.
Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On-call work. Noting that the Government does not indicate whether there are collective agreements or arbitration awards pertaining to the issue of the compensation of seafarers exposed to drills and seafarers disturbed while on call, the Committee previously requested the Government to provide information on how it ensures that pursuant to Standard A3.2, paragraph 9, in the absence of such collective agreements or arbitration awards, the competent authority shall determine such provisions to ensure that the seafarers concerned have sufficient rest. The Committee notes the Government’s indication that the application of Standard A2.3, paragraph 9 is ensured through the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part II, section 7, paragraphs 4, 5 and 6. The Committee takes note of this information.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee previously requested the Government to indicate how, in relation with the place of repatriation, it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7 according to which seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement, the place stipulated in collective agreement, the country of residence, or the place agreed upon at the time of engagement. The Committee notes that the Government refers to Schedule, Part 2 – Conditions of Employment, section 9(5) of the Merchant Shipping (MLC) Regulations, 2015, which only partially gives consideration to Guideline B2.5.1, paragraphs 6 and 7 given that “the repatriation destination shall be the place where the seafarer was recruited unless the employment agreement specifies otherwise or the seafarer and the shipowner agree an alternative …” The Committee observes that the seafarer does not have a right to choose between different destinations when repatriation takes place. The Committee takes note of this information and hopes that the Government will give due consideration to Guideline B2.5.1, paragraphs 6 and 7, in the future.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2 to ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes with interest that the provisions of section 9, Part II, of the Merchant Shipping (MLC) Regulations, 2015, give effect to the requirements of Standard A2.5.2 and that the Government has provided a copy of certificate of insurance or other financial security in respect of seafarer’s financial repatriation costs and liabilities as required under Regulation 2.5 and Standard A2.5.2. The Committee takes note of this information.
Regulation 2.7 and the Code. Manning levels. The Committee notes that, in reply to its previous comment, the Government has provided examples of safe manning documents. The Committee takes note of this information, which addresses its previous request.
Regulation 3.1 and Standard A3.1, paragraphs 6–17. Accommodation and recreational facilities. Minimum requirements for accommodation. Noting that section 12(1), Part II, of the Merchant Shipping (MLC) Regulations, 2015, provides that every ship shall comply with the requirements relating to crew accommodation set out in Merchant Shipping Notice, the Committee requested the Government to clarify whether a Merchant Shipping Notice on crew accommodation has been adopted and, if so, to indicate how it meets the requirements of the Convention. The Committee notes the Government’s indication that no such document has been adopted yet. The Committee requests the Government to provide information on any development in this regard.
Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering. Organization and equipment. Noting that section 14(b), Part IV, of the Merchant Shipping (MLC) Regulations, 2015, provides that the catering department is organized and equipped, in accordance with the requirements set out in Merchant Shipping Notice, the Committee requested the Government to clarify whether a Merchant Shipping Notice regarding the catering department has been adopted and, if so, to indicate how it meets the requirements of the Convention. The Committee notes the Government’s indication that no such document has been adopted yet. The Committee requests the Government to keep it informed on any development in this regard.
Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training. Noting that sections 17(1) and 19, Part IV, of the Merchant Shipping (MLC) Regulations, 2015, refer to the requirements set out in Merchant Shipping Notice for the training of catering staff as well as for the examination for ship’s cook, the Committee requested the Government to clarify whether such Merchant Shipping Notices have been adopted and, if so, to indicate how they meet the requirements of the Convention. The Committee notes the Government’s indication that no such documents have been adopted yet. The Committee requests the Government to provide information on any development in this regard.
Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee previously noted that section 16(3), Part III of the Merchant Shipping (MLC) Regulations, 2015, provides that the Administration may grant dispensation permitting a non-fully qualified cook to serve on board in accordance with the requirements of the Merchant Shipping Notice. Recalling that pursuant to Standard A3.2, paragraph 6, in circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, the Committee requested the Government to clarify whether a Merchant Shipping Notice has been adopted regarding the issuance of such dispensations, and if so, to indicate how it meets the requirements of the Convention. The Committee requests the Government to indicate if such dispensations have been issued and to provide updated information on the development of such Merchant Shipping Notice.
Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee requested, in its previous comment, the Government to provide information on how it ensures that the medical care, dental care and protective measures provided to seafarers during their time on board is as comparable as possible to that which are generally available to workers ashore. The Committee notes the Government’s indication that this requirement is implemented by Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 14(5) which provide that “every ship shall comply with Standard A4.1, paragraph 4 subparagraphs (a) to (c) of the Convention.” However, no information is provided by the Government as to the specific measures in place to ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. Recalling that Standard A4.1, paragraph 1(b) is not self-executing as this provision requires the adoption of measures to ensure that seafarers are given health protection and medical care, the Committee requests the Government to adopt the necessary measures to give effect to this requirement of the Convention and to provide information on any development in this regard.
Regulation 4.1 and Standard A4.1, paragraphs 3 and 4(a) and (c). Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee previously requested the Government to indicate how effect was given to Standard A4.1, paragraphs 3 and 4(a) and (c) of the Convention. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority appoints Recognized Organizations which are inclusive of qualified personnel to carry out survey on the Authority’s behalf to ensure compliance with the MLC, 2006, provisions mentioned above. With respect to the level of approved training required for the seafarer in charge of providing medical care, the Committee notes that the Government refers to Part V, section 25(7) of the Merchant Shipping (MLC) Regulations, 2015, which requires that the level of approved training shall be as per the MLC, 2006 and which meets the requirements of the STCW Convention as amended. While noting this information, the Committee observes that the provisions of the Merchant Shipping (MLC) Regulations, 2015, prescribe the requirements for on-board hospital, and medical care facilities and equipment and training in general terms. The Committee accordingly requests the Government to give effect to the requirements of Standard A4.1, paragraphs 3 and 4(a) and (c).
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. 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. In this regard, the Committee notes with interest the Government’s indication that Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 2, section 10(3) and Part VI, section 28(2) comply with the new provisions of the Convention. The Committee takes note of this information.
Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee previously requested the Government to clarify whether the Administration has established guidance as contemplated in section 16(4), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, and to report on the consultative processes for the elaboration and review of national guidelines on health and safety protection and accident prevention. Noting that the standards prescribed in section 16(4) are based on the ILO code of practice on Accident prevention on board ship at sea and in port, 1996 and the “Code of Safe Working Practices for Merchant Seafarers” adopted by the Maritime and Coastguard Agency of the United Kingdom, the Committee also invited the Government to give due consideration to the more recent guidelines adopted by ILO in 2015, the Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006. The Committee notes the Government’s indication that it has not yet adopted guidance on occupational safety and health on board ships that fly its flag. The Committee requests the Government to keep it informed on any development in this respect.
Regulation 4.3 and Standard A4.3, paragraph 1(a). Health and safety protection and accident prevention. Policies and programmes. Training of seafarers. The Committee previously requested the Government to provide information on how it gives effect to the requirement of Standard A4.3, paragraph 1(a), as regards occupational safety and health policies and programmes be adopted and effectively implemented and promoted on ships that fly the Member’s flag, including through the training and instruction of seafarers. The Committee notes the Government’s indication that as per the STCW Convention, there is a mandatory requirement for a seafarer to have a certificate of personal safety and social responsibilities (PSSR) to work on board a ship and that the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 1, section 3, give effect to this provision of the Convention. The Committee takes note of this information, which addresses its previous request.
Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Obligations of the seafarers. Observing that section 16, Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, specifies the obligations of the shipowners but not the obligations of the seafarers with regard to occupational safety and health on board, the Committee requested the Government to provide information on how it ensures that these obligations are clearly specified in national legislation, as provided for under Standard A4.3, paragraph 2(b). The Committee notes the Government’s indication that the obligations provided for in the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 16 set out the obligations of the shipowners, which in turn set the standard for the obligations expected of the seafarers. The Committee takes note of this information.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to its previous request to provide updated information regarding the construction of the new welfare centre, the Committee notes the Government’s indication that, considering Seychelles’ current economic environment such plans for the construction of a shore-based facility have not been submitted yet due to budget cuts. The Committee requests the Government to provide information on any development in this regard.
Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. Noting that, at the time of ratification, the Government has specified sickness benefit; employment injury benefit; and invalidity benefit as the branches of social security for which protection is provided, the Committee previously requested the Government to indicate the steps taken to extend social security protection to all the branches listed in Standard A4.5, paragraph 1. The Committee notes the Government’s indication that Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 14(7) extends social security protection for Seychellois seafarers to all the branches listed in Standard A4.5, paragraph 1. The Committee takes note of this information which addresses its previous request.
Regulation 4.5 and Standard A4.5, paragraphs 3 and 8. Social security. Protection for seafarers ordinarily resident in its territory. Noting that section 14(7), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, and section 3, Part II of the Social Security Act both limit the entitlement to social security benefits to Seychellois citizens, the Committee requested the Government to provide information on how it ensures that seafarers who are not nationals but reside in the Seychelles are entitled to social security protection, as provided for in Standard A4.5, paragraph 3. The Committee notes the Government’s indication that non-national seafarers are not yet entitled to social security protection. Recalling that ratifying Members shall take steps to provide social security protection to all seafarers ordinarily resident in its territory, the Committee requests the Government to take the necessary measures to ensure that foreign seafarers residing in Seychelles have access to social security protection.
Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. In reply to its previous request, the Committee notes the Government’s indication that the Merchant Shipping (MLC) Regulations, 2015, section 8, provides that “every ship of Seychelles shall carry a copy of the Convention and a copy of these regulations which shall be available to all seafarers working on the ship.” The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee previously requested the Government to indicate how it ensures compliance with the requirement of Standard A5.1.2, paragraph 4, foreseeing that the list of authorized recognized organizations shall specify the functions that the recognized organizations have been authorized to carry out. The Committee notes the Government’s indication that the Merchant Shipping (Appointment of Surveyors) Regulations, 1995, provide for the functions of the recognized classification society, and that the Seychelles Maritime Safety Authority plans to amend the above-mentioned regulations to reflect the current needs of the maritime industry in Seychelles. The Committee observes that the Government has submitted an example of authorizations given to recognized organizations. The Committee requests the Government to keep it informed on any development in this regard.
Regulation 5.1.3, paragraph 6. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Public record of certificates. The Committee previously requested the Government to indicate how it ensures compliance with the requirement of Regulation 5.1.3, paragraph 6. The Committee notes the Government’s indication that it ensures compliance through an internal procedure that Seychelles Maritime Safety Authority has set up, under which a member of the public may request any information pertaining to MLC Certificates and contact the Authority which shall grant access to this information within 48 hours of the request being made. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. In its previous comment, the Committee requested the Government to consider amending the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and, to the extent necessary, concise information on the main content of the national requirements. The Committee recalls that the amendments to the Code approved by the International Labour Conference in 2014 have come into force and that these require additional information to be mentioned in the DMLC, Parts I and II. The Committee observes that the DMLC, Part I submitted by the Government does not take into account the additional information required with respect to Regulations 2.5 and 4.2. The Committee also notes that the DMLC, Part I does not contain specific references to the national legislative instruments implementing the different requirements of the Convention. The Committee once again requests the Government to amend the DMLC to ensure the full application of Standard A5.1.3, paragraph 10, in such a manner as to include all elements needed to ensure the validity of the DMLC, Part I, and to provide an updated example of the DMLC, Part I.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee previously requested the Government to report on how it ensures compliance with the requirement of Standard A5.1.3, paragraphs 12 and 13 that a current valid Maritime Labour Certificate and a DMLC with an English-language translation are posted in a conspicuous location on board. The Committee notes the Government’s indication that compliance is ensured through the provisions of the Merchant Shipping (MLC) Regulations, 2015, sections 32 and 33, and Schedule, Part 5, section 18. While noting that a current valid Maritime Labour Certificate and a DMLC are made available to inspectors, the Committee however notes that there is no clear indication as to whether these documents are posted in a conspicuous place on board where they are available to the seafarers. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 2 and 3. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. Noting that the Government does not provide specific information on the qualifications for flag State inspectors, the Committee requested the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 2 and 3. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority appoints Recognized Organizations which are inclusive of qualified personnel to carry out survey on the Authority’s behalf to ensure compliance with the MLC Convention provisions. The Committee takes note of this information.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 2, 3, and 7. Terms of reference and status of flag State inspectors. The Committee previously requested the Government to provide an example of an agreement concluded with a flag State inspector containing adequate provisions to ensure that the inspectors have the terms of reference and status necessary to perform their duties and that clear guidelines are issued to them as to the tasks to be performed as provided for under Standard A5.1.4, paragraphs 2, 3 and 7. The Committee takes note of the example of an agreement provided by the Government, which addresses its previous request.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 10, and 11. Independence of inspectors and confidentiality of the sources of grievance. The Committee requested the Government to provide further information on how it ensures compliance with the requirements of the Convention as it relates to the impartiality of the flag State inspectors and their duty to keep confidential the sources of any grievance and complaints, as provided for under Standard A5.1.4, paragraphs 3, 6, 10, and 11. The Committee notes that the Government refers to the example of an agreement concluded with a flag State inspector which contains a confidentiality clause. The Committee notes that there does not seem to be any other national provision on the independence of inspectors, nor on their duty of confidentiality. Noting the Government’s indication that Seychelles Maritime Safety Authority is in the process of drafting a regulation which will regulate recognized classification society, which will be inclusive of obligations, duties, rights and responsibilities of the appointed recognized organizations, the Committee requests the Government to indicate the progress made in this regard and to indicate any measures taken to give effect to this requirement of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. While noting that Part 5, section 18(3), of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, meets the requirement of Standard A5.1.4, paragraph 4, to impose a flag state inspection at the interval required by Standard A5.1.3 for ships for which this standard applies, the Committee requested the Government to provide information on how it ensures that the intervals between the inspections of ships that do not require a Maritime Labour Certificate do not exceed three years. The Committee notes the Government’s indication that all vessels that do not require a MLC Certificate are surveyed annually in order to verify their seaworthiness and condition. The Committee takes note of this information and requests the Government to specify the relevant national provisions that require ships to be surveyed annually and to indicate if the working and living conditions are inspected in accordance with the requirements of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 12, 13 and 14. Records of inspections by flag State inspectors. In its previous comment, the Committee requested the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 12, 13, and 14, regarding the issuance, submission and recording of the flag State inspection reports. Noting the Government’s indication that Seychelles Maritime Safety Authority is in the process of drafting a regulation which will regulate recognized classification society, which will be inclusive of obligations, duties, rights and responsibilities of the appointed recognized organizations, the Committee requests the Government to provide information on any developments in this respect.
Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. Observing that under section 204 of the Merchant Shipping Act, Part XII, Shipping Casualties, the Minister may initiate a preliminary investigation only where a marine casualty led to a loss of life, the Committee requested the Government to indicate how it ensures that official inquiries are held into serious marine casualties that led to injuries and loss of life and that the final reports of inquiry are made public. The Committee notes the Government’s indication that it requests marine accident cases to be referred to the Marine Accident Investigation Board to conduct investigations and to provide a report of inquiry. The Committee notes this information and requests the Government to clarify whether investigations are also initiated in cases of serious marine casualties that led to injuries where there was no loss of life and whether any report of inquiry into injuries or loss of life is made public.
Regulation 5.2.1, paragraph 2. Port State responsibilities. Inspections in port. Prima facie evidence of compliance. The Committee previously requested the Government to report on how it ensures that the Maritime Labour Certificate and the DMLC are accepted as prima facie evidence of compliance in the context of port State control inspections. The Committee notes the Government’s indication that the requirement of Merchant Shipping (MLC) Regulations, 2015, Part 5, section 20, which provides for action taken as a result of an inspection in accordance with Standard A5.2.1, paragraphs 1 to 6, ensures that the Maritime Labour Certificate and the DMLC are accepted as prima facie evidence of compliance in reference to PSC inspections. The Committee takes note of this information, which addresses its previous request.
Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. Onshore seafarer complaint-handling procedures. Confidentiality of the complaints. Noting that section 20(7), Part 5, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, does not foresee that the source of a complaint filed on board a ship in a port of Seychelles shall remain confidential, the Committee requested the Government to provide information on how it safeguards the confidentiality of the complaints made by seafarers. The Committee notes the Government’s indication that on board complaints procedures used on vessels which are Seychelles Flag contain confidentiality clauses. The Committee further notes that the Government has submitted a copy of the procedure for lodging a grievance which states that all documents submitted through the procedure will be kept confidential. While noting this information, the Committee observes that this procedure seems to only be open to seafarers on board Seychelles flagged ships. The Committee requests the Government to take the necessary measures to ensure confidentiality of the complaints made by seafarers working on board all ships calling at Seychelles ports.

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee takes due note of the adoption of the Prohibition of Trafficking in Persons Act, 2014, section 3(1) of which prescribes penalties for trafficking in persons for both labour and sexual exploitation, of up to 14 years of imprisonment and a fine. The Committee notes the Government’s reference in its report to the training of officials of the Ministry of Employment, Immigration and Civil Status on trafficking in persons, and monthly meetings chaired by that Ministry to consider, among other labour law violations, potential cases of trafficking in persons. The Committee also notes the Government’s reference, in its report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) to the conviction of a person under the Prohibition of Trafficking in Persons Act. The Committee requests the Government to continue to provide information on any measures taken to prevent and combat trafficking in persons, including the training provided to the competent authorities in that area. The Committee also requests the Government to provide information on the application in practice of section 3(1) of the Prohibition of Trafficking in Persons Act, including the number of investigations, prosecutions and convictions, and to specify the penalties imposed.
2. Institutional framework and measures to combat trafficking in persons. The Committee welcomes the establishment of the National Coordinating Committee on Action Against Trafficking in Persons as foreseen under the Prohibition of Trafficking in Persons Act. It notes that, pursuant to section 21 of this Act, the National Coordinating Committee is composed of representatives of several ministries, law enforcement bodies and non-governmental organizations working in the area of trafficking in persons. The Committee further notes that, in accordance with section 22 of the Act, the National Coordinating Committee is responsible for the formulation of policies, strategies and other measures, including with regard to the implementation of the National Action Plan on trafficking in persons, the preparation of annual reports on progress in the national response to trafficking in persons and the provision of assistance to victims of that crime. The Committee notes from the 2018 report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the review of the first National Strategic Framework and Action Plan to combat trafficking in persons (2014–2016) is pending (CEDAW/C/SYC/6, paragraph 160). The Committee requests the Government to provide information on any measures adopted by the National Coordinating Committee, particularly with regard to the implementation of the National Strategic Framework and Action Plan to combat trafficking in persons (2014–2016), and on any progress made regarding the adoption of the new national action plan, and to provide a copy of that plan, once adopted.
3. Assistance and protection for victims. The Committee notes that the Prohibition of Trafficking in Persons Act contains several provisions for the protection and assistance for victims of trafficking, including the referral of presumed victims of trafficking to care or shelter facilities (section 10); the possibility to order witness protection by the Court (section 11); the possibility to make special arrangements to protect the privacy of presumed victims of trafficking, or to protect vulnerable witnesses during court proceedings (sections 13 and 14); the possibility to stay orders of deportation for 30 days or to issue residence permits for the duration of court proceedings (sections 15 and 16); the guarantee that victims of trafficking bear no responsibility under immigration law (section 17); and the possibility of the courts to grant victims of trafficking compensation (section 18). Part V of the Prohibition of Trafficking in Persons Act provides for the establishment of a dedicated Trafficking in Persons Fund, including for the provision of services to victims and the payment of compensation to victims under section 18 of the Act. The Committee also notes that under section 22(3) of the Act, the National Coordinating Committee is responsible for developing a strategy for the provision of services to the presumed victims of trafficking and victims of trafficking, including medical services, adequate shelter and basic needs, counselling and other psychological support, legal advice and assistance, assistance of an interpreter or translator, repatriation and social integration. The Committee requests the Government to provide information on the application in practice of the Prohibition of Trafficking in Persons Act regarding the protection of victims, including the number of victims identified, the types of assistance and services provided to them and the number of those who have benefited thereof.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the General Employer Trade Unions of Seychelles (GETUS) received with the Government’s report.
Articles 7, 10, 11 and 16 of the Convention. Coverage and resources of the labour inspection system and training for labour inspectors. Following its previous comments, the Committee notes the observations of the GETUS proposing measures to increase local capacity to carry out inspection activities in order to increase the number of workplaces inspected and to ensure compliance. The Committee also notes the information provided by the Government in its report that the Employment Department continues to allocate resources to labour inspection. There is a specific programme for labour protection under the Department’s yearly budget, which covers the Labour Monitoring and Compliance Section, as well as the Industrial Relations Section. In addition, three labour inspectors have received trainings from the International Training Center of the ILO, and another is participating in a degree programme in occupational safety and health. The Committee further notes that, according to the Decent Work Country Programme 2019–2023, the Labour Monitoring and Compliance Section requires further capacity to maximize its effectiveness in its future labour inspections. With respect to the Committee’s previous request concerning the nature and extent of inspection activities within the International Trade Zone (ITZ), the Committee notes that, according to the 2018 Annual Report of the Financial Services Authority (FSA), the Licensing Unit of the ITZ Section under the FSA carries out regular visits at the premises of the ITZ licensed companies regarding employment matters, and deals with complaints or enquiries in this regard. The Government indicates that such inspections are normally carried out by two officers from the FSA and a representative from the Employment Department. It also indicates that there are 25 companies licensed to operate in the International Trade Zone, adding information on the nature and number of inspections carried out. The Committee requests the Government to continue its efforts to ensure that adequate resources are allocated to the labour inspection system in conformity with Articles 10 and 11 of the Convention. It requests the Government to provide information on the measures taken and the results achieved in this respect, particularly within the framework of the DWCP 2019–2023. In this regard, the Committee requests the Government to provide information on the number of inspectors in the Labour Monitoring and Compliance Section of the Employment Department. Taking due note of the training undertaken by inspectors, the Committee requests the Government to continue to provide information on the training received, including the frequency, duration, subject matter covered, and number of participants. Lastly, it requests that the Government provide information on the number of workers in the Seychelles International Trade Zone, and to continue to provide information on the number of inspections carried out in the ITZ, indicating the specific manner in which inspectors from the Employment Department participate in such inspections including their assigned duties or responsibilities.
Article 14. Notification of industrial accidents and cases of occupational disease. Following its previous comments, the Committee notes the observations of the GETUS that, with a view to ensuring the reporting of occupational accidents and diseases, there is a need to have a clear regulation and enforcement by the Labour Monitoring and Compliance Section, with the application of penalties in the case of non-compliance.
The Committee notes the Government’s statement that labour inspectors continue to sensitize the employers during inspection activities on the requirement to notify the labour inspectorate of any occupational accidents. In 2018, 71 occupational accidents were reported. However, occupational diseases are not currently being recorded. The Government states that the major challenges are diagnosing a disease as occupationally related, and that there is a need to improve the capacity of the Occupational Safety Clinic of the Ministry of Health as they are crucial in diagnosing occupational diseases based on an employee’s medical history. The Government also indicates that notification of occupational accidents and diseases are main priorities under the Occupational Safety and Health (OSH) policy developed in 2017 and that the OSH Decree is currently being reviewed, which is an opportunity to ensure the compliance with the Convention. It is also a priority in the periodical reconstitution of the Occupational Safety Board to strengthen and harmonize the recording system of occupational accidents and diseases. The Committee requests the Government to take the necessary measures to ensure the notification to the labour inspectorate of both occupational accidents and diseases, as required by Article 14 of the Convention, and to provide a copy of any regulations or guidelines adopted in this respect. It also requests the Government to continue to provide statistics regarding occupational accidents and diseases. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Article 15(c). Confidentiality of complaints. The Committee previously noted the Government’s indication that it would consider including a provision on confidentiality of the source of any complaint in the review of the OSH Decree. In this respect, the Committee notes the Government’s indication that the review of the OSH Decree is ongoing. The Government indicates that, in the absence of a specific provision on confidentiality, new labour inspectors are briefed during in-house trainings on the importance of keeping sources of complaints confidential and on how to proceed with an inspection upon the receipt of a complaint. The Government further indicates that anonymous complaints can be considered for investigation based on the nature of the complaint. Additionally, upon recruitment, all officers of the Employment Department, including labour inspectors, sign a confidentiality declaration to ensure that information they come across during their employment is not divulged to any third party. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and also that inspectors give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in conformity with Article 15(c) of the Convention. The Committee also requests the Government to consider including a provision on confidentiality of the source of any complaint during the review of the OSH Decree. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Articles 17 and 18. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. The Committee notes the Government’s indication in its report that between 2014 and 2019, no penalties have been imposed on any employers or other individual for the violation of OSH legislation. Three cases, related to occupational accidents, were referred to the Magistrate Court for violations, but these cases were then dismissed or resulted in acquittal. The Committee requests the Government to provide further information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors, including specific information on the OSH cases previously referred to the Magistrate Court and the reasons for their dismissal or acquittal. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.
Articles 20 and 21. Publication and communication to the ILO of an annual general report on the work of the inspection services. Following its previous comments, the Committee notes the Government’s indication that the Employment Department forwarded its annual general reports on the work of the inspection services for the year of 2016, 2017 and 2018 to the Office. The Government also states that the Ministry is reviewing the labour market information system (LMIS), which is currently in its second phase. The first modules being reviewed in this phase are data collection tools, forms and checklists used by the labour inspection. It is anticipated that more data will be collected with the revised forms for statistical production. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee firmly hoped that section 153 of the Merchant Shipping Act as amended in 2015, would be reviewed in light of the Convention, with a view to ensuring that no sanction involving an obligation to perform work may be imposed as a disciplinary measure applicable to seafarers. The Committee notes that the Merchant Shipping Act has been amended by the Merchant Shipping (Amendment) Act, 2019 (Act 3 of 2020). The Committee notes with satisfaction that the penalties established for the infringement of section 153 (persistent and wilful neglect of duty, disobedience of lawful commands or impeding of the navigation of the ship) are now limited to fines.
The Committee is raising other matters in a request addressed directly to Government.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(d). Sanctions for participation in strikes. In its previous comments, the Committee requested that the Government take the necessary measures to amend sections 52(4) and 56(1) of the Industrial Relations Act 1991 (IRA) to ensure that no sentences of imprisonment involving compulsory labour can be imposed for the peaceful participation in strikes. Section 56(1) of the IRA provides that participation in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour, in accordance with section 28(1) of the Prison Act 1991). Section 52(4) of the IRA provides that the competent Minister is allowed to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, among other things, the “public order or the national economy”. In this respect, the Committee noted the Government’s indication that, in view of the Committee’s comments, it had been proposed to the national tripartite constituents in February and July 2016, as part of the ongoing review of the IRA, for offences related to strikes to be liable to a fine, and not imprisonment. It also noted that section 56(1) of the IRA had not been applied in practice.
The Committee notes the Government’s reference, in its report, to proposals for other amendments to the IRA in February 2016, namely to restrict the situations where a strike can be declared unlawful by the minister under section 52(4) of the IRA to cases of acute national crisis. The Committee notes, however, that the Government has not provided any new information on progress made after 2016 with the amendment of section 56(1) of the IRA aimed at substituting sanctions of imprisonment with fines for offences relating to the participation in strikes. It further notes the Government’s indications that there have been no court decisions handed down relating to sections 52(4) and 56 of the IRA. The Committee therefore reiterates its previous indications that, under the current legislation, a strike could be declared unlawful, even if conducted peacefully, and that a sanction of imprisonment involving compulsory labour could be imposed on a person peacefully participating in such a strike. The Committee once again requests the Government to take the necessary measures to amend or repeal sections 52(4) and 56(1) of the IRA, so as to ensure that no sanction of imprisonment involving compulsory labour could be imposed as a punishment for peaceful participation in strikes, for instance by limiting such sanctions to fines. In this regard, the Committee also refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations made by the General Employer Trade Union of Seychelles (GETUS) received on 5 September 2019.
Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its comments under Articles 3(d) and 4(1) of the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 3(3). Hazardous work as from 16 years. In its previous comments, the Committee noted that pursuant to section 22(4) of the Conditions of Employment Regulations, the competent officer may, exceptionally, grant special written permission for the employment of children aged 15 to 17 years in the circumstances listed in section 22(1) and (2), and requested the Government to amend the legislation to bring it into conformity with the requirements of Article 3 of the Convention.
The Committee notes the Government’s reiterated reference to proposed legislative amendments to authorize only children from 16 years and above to take up hazardous work on condition that the health, safety and morals of such children are protected. It also notes the Government’s indication that the necessary measures to have these proposals adopted are expected in the near future. In this respect, the Committee notes the observations made by the GETUS according to which hazardous types of work should be prohibited for children under 18 years in all circumstances. The Committee recalls that, by virtue of Article 3(3) of the Convention, only persons from the age of 16 years may be authorized to take up employment or to perform work referred to under Article 3(1), after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. In light of the fact that the Committee has been raising this issue since 2004, the Committee urges the Government to take the necessary measures to ensure that the necessary legislative amendments are adopted in the very near future.
Article 7(1) and (3). Minimum age for light work and determination of light work activities. In its previous comments, the Committee noted that under section 21 of the Conditions of Employment Regulations, children under 15 years of age are prohibited from engaging in any kind of work, including in light work. It further noted that proposals to include provisions permitting the employment of children between 13 and 15 years of age in light work would be considered upon further discussion. In this respect, the Committee recalled that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children 13–15 years of age. In addition, the number of hours during which, and the conditions in which, light work activities may be undertaken must be prescribed.
The Committee notes the Government’s indication, in response to its request, that the introduction of light work for children aged 13 and 14 years will be subject to the conditions as approved by the competent officer, will only be permitted during school holidays and that a list of accepted light work activities will be developed. In this respect, the Committee also notes the Government’s reference to relevant provisions in the 2017 Employment Bill. In light of the fact that the Committee has been raising this issue since 2004, the Committee expresses the firm hope that the draft Bill containing provisions permitting the employment of children between 13 and 15 years of age in light work will be adopted in the near future. It also requests the Government to ensure that the draft Bill contains provisions regulating light work in conformity with Article 7(3) of the Convention.

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments on access of children to education, the Committee notes the Government’s reference to a number of measures to decrease the dropout rates and reduce the number of out-of-school children, including: (i) the strengthening of the existing rehabilitation programmes to support children aimed at preventing dropouts; (ii) the discussion of alternative routes for out-of school students, such as with the Seychelles Institute of Distance and Open Learning; and (iii) several measures to enhance the offer and quality of the vocational training provided. The Committee also notes that the 2017 report submitted by the Government to the Committee on the Rights of the Child (CRC) refers to a reduction in dropouts due to the implementation of the Vocational Education and Training Programme “phase 1” for students with academic difficulties, which combines school and vocational training in the last two years of secondary education (CRC/C/SYC/5-6, paragraph 154). That report also refers to the creation of the position of attendance officer in 2015 to ensure that absent students are brought back to school (paragraph 155), and the gradual enrolment of girls in vocational education centres, including those centres teaching traditionally male-dominated professions (paragraph 156). The Committee also notes from the statistics provided on the website of the United Nations Educational, Scientific and Cultural Organization (UNESCO) that in 2018, the net enrolment rate of children in primary education was 92.21 per cent and that this rate in secondary education was 80.06 per cent. Taking due note of the measures taken by the Government, and recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to take measures aimed at increasing the school enrolment and attendance rates and reducing the dropout rates and number of out-of-school children. The Committee further requests the Government to provide information on the enrolment of girls in the vocational education centres, indicating the number of girls enrolled and their age.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. In its previous comments, the Committee referred to a number of measures for the rehabilitation of victims of trafficking and commercial sexual exploitation including: (i) the collaboration between ministries and other child protection actors for early identification of children at risk of sexual exploitation; (ii) the launching of a Standards Operating and Referral Mechanism for guidance in identifying and prosecuting perpetrators applying a victim-centred approach; and (iii) the provision of psychosocial support for victims of sexual exploitation.
The Committee notes the Government’s indication, in response to its request, that no victims of commercial sexual exploitation were identified. The Committee notes that section 10(6) of the Prohibition of Trafficking in Persons Act provides for the provision of shelters for victims of trafficking (clause b) and the provision of care and the placement in a safe and secure place if the victim of trafficking is a child (clause a). In this respect, the Committee notes the Government’s indication that the provision of appropriate shelters for victims of trafficking in persons is still in the discussion stage, and that child victims are to be taken into care, especially if abuse is happening in the home of the child. The Committee requests the Government to continue to provide information on the measures taken for the identification, rehabilitation and reintegration of child victims of trafficking and commercial sexual exploitation, including the placement of children into care. It also requests the Government to provide information on the number of child victims who have been effectively rehabilitated and socially integrated. The Committee further requests the Government to indicate any measures taken aimed at enhancing the capacity of public officials, including the police, prosecutors and the judiciary, to identify and combat commercial sexual exploitation of children.

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations made by the Seychelles Federation of Workers’ Unions (SFWU) received on 6 September 2019.
Articles 3 and 7(1) of the Convention. Worst forms of child labour, penalties and application in practice. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously expressed its deep concern at children under 18 years of age being potentially engaged in prostitution, particularly sex tourism, based on the indications in the 2014 mission report of the United Nations Special Rapporteur on trafficking in persons, especially women and children (A/HRC/26/37/Add.7, paragraphs 10 and 11). That report also referred to a number of factors hampering the effective and swift investigation and prosecution of trafficking cases, including the lack of comprehensive understanding of the relevant penal provisions by police officials (paragraphs 46 and 47).
The Committee notes the Government’s indication in its report, in response to the Committee’s request that four alleged cases of child prostitution were reported, one of which is under examination and three of which were transmitted for prosecution and subsequently brought to the Supreme Court. The Government adds that in some alleged cases of child prostitution, the supposed victims refuse to have the police investigate the matter. In this respect, the Committee also notes that the 2018 concluding observations of the United Nations Committee on the Rights of the Child (CRC) refer to the vulnerability of children to commercial sexual exploitation, internal sexual trafficking in the context of the flourishing tourism industry, and reported cases of forced prostitution by family members to sustain the family income (CRC/C/SYC/CO/5-6, paragraph 24). It further notes that the CRC recommends, among other things, that: (i) research be undertaken on the nature and extent of the commercial sexual exploitation of children; (ii) specific training be provided to judiciary and law enforcement officials; and (iii) accessible, confidential and child-friendly channels for the reporting of such violations be provided (paragraph 25). The Committee notes that the Government has not provided the requested information in its report on the progress made with the data collection on children involved in the worst forms of child labour. In light of the above, the Committee urges the Government to take the necessary measures to ensure that persons suspected of using, procuring, or offering children for prostitution are identified, and that thorough investigations and prosecutions are carried out in this respect, and to provide statistical information on the number and nature of violations reported, investigations and prosecutions undertaken. In this respect, the Committee asks the Government to provide information on the outcome of the four reported cases of child prostitution, three of which have been transmitted for prosecution and brought to the Supreme Court, including convictions and criminal penalties imposed. The Committee also once again requests the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, particularly in commercial sexual exploitation, are available.
Articles 3(d) and 4(1). Worst forms of child labour. Hazardous work and determination of hazardous work. Following up on its previous requests made in this respect, the Committee notes the Government’s reiterated indication that proposals to include the draft list of hazardous types of work in the Conditions of Employment Regulations have been made and that the necessary measures to have them adopted are expected in the very near future. In this respect, the Committee also notes the observations made by the SFWU that there is a need for the Government to continue with its commitment to reviewing certain provisions of national laws to bring it into conformity with the provisions of the child labour Conventions. In light of the fact that the Committee has been raising this issue since 2004, the Committee urges the Government to follow up on its reiterated commitment and take the necessary measures to ensure that the Conditions of Employment Regulations are amended and that the draft list of hazardous types of work as prohibited for children under 18 years of age is adopted in the very near future.
The Committee is raising other matters in a request addressed directly to the Government.

Adopted by the CEACR in 2019

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 5 of the Convention. National policy concerning nursing services and nursing personnel. Consultations. The Committee notes with interest the detailed information supplied in the Government’s report and annexes. The Government indicates that the National Health Policy 2016-2020 adopted in 2015, positions health at the centre of national development. The National Health Strategic Plan 2016–20 establishes milestones and sets appropriate goals to guide and optimize investment in health. The Committee notes the new Policy on Employment of Part-Time for Nursing and Midwifery Staff launched in August 2017 which, according to the Government, is guided by the Nursing Personnel Convention, 1977 (No. 149), and its Recommendation. In response to the Committee’s previous comments, the Government refers to a series of measures taken to improve the quality of nursing care. It indicates that the Consultative Forum of the Nurses Association of the Republic of Seychelles (NARS), held in February 2017, focused on the quality of nursing care, opportunities for nurses in the twenty-first century, the image of nursing and the socio-economic welfare of nurses and midwives. The Government adds that the Nursing and Midwifery Practise Committee was established in 2017 to develop and review standard operating procedures and guidelines for nursing practises. The nursing administration has established nursing and program performance indicators to assist in assessing the quality of nursing practices. The Committee notes that exit interviews on patient satisfaction with nursing care in hospitals were undertaken in June 2018 and that the surveys will be conducted every two years to assess progress made and identify gaps. The Government also reports on a wide range of measures taken to address human resource shortages in healthcare. In this respect, the Committee notes that the revised Scheme of Service for Nurses delivered in May 2017 after consultation with the relevant stakeholders including the NARS, has not yet been validated by the Ministry of Health. In 2017, intensive discussions were also held regarding the basic salary and related allowances and a series of regulations on Nurses Gratuity was approved by the Department of Public Administration for the nurses. The Committee takes note of the ongoing review of the Nurses and Midwives Act, 1985, which aims, inter alia, to reflect changes in the nursing and midwifery professions in the Seychelles. It also notes that, although the Employment Act does not set out specific provisions concerning the employment of nurses, the Nurses and Midwives Act, 1985, refers to the Code of Practice for general nurses which specifies the requirements for practicing nursing. Despite the fact that the number of health workers in relation to the population is high, more specialization and research is needed to achieve better health outcomes with the human resources already available. The Committee notes the Government’s indication that the nursing education and training has improved following training and professional development initiatives. In this context, it notes the Nursing Programme of the nursing faculty, as well as the National Institute of Health and Social Studies’ (NIHSS) Quality Assurance Policy and the Access Programme for Health Care, implemented in 2017 by the NIHSS to address issues such as the preparedness of learners applying for admission and the demand for health professionals. The Government refers to the main challenges, which include task shifting at all levels of the health system, the brunt of which was borne by the nurses, the lack of a database collection system and a national workforce database which makes planning for nurses and midwives more difficult, and the absence of an overall health research agenda on national health needs. The Committee also notes the lack of financial and human resources of the Nurses and Midwives Council which has consequences for its management, as well as the Government’s request for the ILO’s legal assistance in implementing the Council’s mandate. The Committee requests the Government to continue to provide information on measures taken or envisaged to improve the quality of nursing care and to address human resource shortages in healthcare indicating the measures taken in relation to education and training, as well as in relation to employment and working conditions, with the aim of attracting men and women to the profession and retaining them in it. It also requests the Government to provide up-to date information on the validation and implementation of the revised Scheme of Service and the outcome of the review of the Nurses and Midwives Act, 1985. It also requests the Government to submit up-to-date information concerning the current situation regarding overseas migration of nurses and any measures undertaken to address this issue. In addition, the Committee requests the Government to continue to provide information on nursing personnel in the planning of nursing services and decisions concerning them.
Part V of the report form. Application in practice. The Committee takes note of the statistics regarding the nursing personnel provided by the Government. The Committee requests the Government to continue to provide detailed information, disaggregated by age, sex and region, concerning the situation of nursing personnel in the country, including the number of students graduating nursing colleges every year and the number of institutions offering nursing education and training, the number of nursing personnel by sectors of activity, levels of training and functions and their ratio to the population, as well as the number of those who leave the profession each year.
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