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Comments adopted by the CEACR: Saint Vincent and the Grenadines

Adopted by the CEACR in 2021

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

Articles 1 and 2 of the Convention. Horizontal and vertical occupational segregation and gender pay gap. Referring to the comments it made in 2020 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee points out that, in its 2015 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the clear horizontal segregation of the labour market and the concentration of women in low-income occupational categories; and (2) the lack of a comprehensive and integrated strategy to address ideological and structural barriers that discourage girls from participating in non-traditional academic and technical-vocational subjects (CEDAW/C/VCT/CO/4-8, 28 July 2015, paragraphs 28(c) and 30). Similarly, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee (CCPR) expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 14). Noting that horizontal and vertical occupational segregation contribute for a large part to the gender pay gap, the Committee requests the Government to provide information on the measures taken to: (i) combat traditional gender stereotypes and norms on sex-appropriate roles in society as well as in employment and occupation; and (ii) encourage girls and women to enrol in traditionally “male” fields of study or vocational training, and the results achieved, in terms of the number of girls and women enrolled in those fields.
Article 2(2)(b). Determination of wages. Promotional measures. The Committee notes that, as it did in its last report (2015), the Government indicates once again that it will take proactive measures on the next revision of the Wages Regulations Orders to ensure that wage councils would fix wages in a manner that promotes the principle of the Convention. The Committee notes, however, that the Government gives no indication on the measures taken since 2015 nor envisaged for the next revision. The Committee recalls that, previously it had taken note of the Government’s indication that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women would soon resume. In this regard, the Committee notes the assurance of the Government that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women is ongoing with a view to promote vigorously the principle of the Convention. It also notes the information provided by the Government on the promotional measures taken regarding minimum wages (information on the Department of Labour’s website and radio programmes) but would like to underline that, although minimum wages are an important tool to implement the principle of equal remuneration for work of equal value, they are neither equivalent nor sufficient to ensure full implementation. The Committee requests the Government to provide information regarding the latest revision of the Wages Regulations Orders and the measures taken on this occasion to ensure that wage councils do promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests information on the measures taken, in collaboration with the Gender Affairs Division and the National Council of Women or otherwise, to promote a better understanding of the principle of the Convention among the social partners, public officials (including labour inspectors and judges), other legal professionals and the public in general.
Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide information on how it promotes the principle of equal remuneration for men and women for work of equal value and to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector. It notes the Government’s statement that it is unable to provide the requested information without further explanation. The Committee reiterates its requests to the Government to provide information on measures taken or envisaged to ensure objective job evaluation in the public sector and promote it in the private sector. It also wishes to remind the Government that it may avail itself of the technical assistance of the Office in this regard.
Enforcement. The Committee notes the Government’s “overall satisfaction that workers in general have knowledge of the minimum wages within their respective sectors” and that the complaints and dispute resolution mechanisms are easily accessible. Once again, the Committee wishes to emphasize that the principle of the Convention is not limited to minimum wages but concerns equal remuneration for work of equal value. In addition, it recalls that the absence of complaints on pay inequalities between men and women for work of equal value does not mean that there are no such inequalities in practice but may result from a lack of knowledge among workers, as well as law enforcers, of the principle of equal remuneration for men and women workers for work of equal value as enshrined in the Convention. The Committee requests the Government: (i) to provide examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and of the dispute resolution machinery in place; (ii) to improve the capacity of labour inspectors to promote and enforce this principle, as well as to identify cases of discrimination; and (iii) to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies granted, as well as information on any judicial decisions relating to the application of the Convention.
Statistics. The Committee notes the Government’s indication, in its report, that 5,000 of the 7,000 or so civil servants are women but that the statistical data on occupations is not disaggregated by sex. Nevertheless, the Government provides sex-specific information for the top three classification levels of the public service (grades A1, A2 and A3) for the 2021 fiscal year, which shows that, out of 59 filled positions, 36 (i.e. 61 per cent) are occupied by women. For the private sector, however, this information is not available. The Committee recalls once again that, in its 2012 General Survey on the fundamental Conventions (paragraph 888), it stressed that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women and that, if such information is not yet available, Governments should supply all the information that is currently available and continue to work towards the compilation of full statistical information. In this regard, it notes that in its 2015 concluding observations, the CEDAW also called upon the Government to implement systems of collection, analysis and dissemination of data disaggregated by sex (among others) and encouraged it to develop gender-sensitive indicators that could be used in the formulation, implementation, monitoring, evaluation and, when necessary, review of gender equality policies (CEDAW/C/VCT/CO/4-8, paragraph 47). Recalling that technical assistance was provided by the ILO to the country as from 2011 to strengthen its labour market information system as a pilot project to develop labour market information systems in all the countries of the Organization of Eastern Caribbean States (OECS), the Committee requests the Government to indicate the steps taken or envisaged as a follow up to enhance the collection of statistical data on salary levels and occupations, disaggregated by sex, both in the public and the private sectors. In the meantime, it encourages the Government to continue to provide any statistical information available, especially disaggregated by sex for higher-level positions.

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

Article 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been indicating to the Government that section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work”, is not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s statement, in its report, that “the matter to amend section 3(1) of the Equal Pay Act is still awaiting Cabinet’s action”. In this regard, it notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2015 concluding observations, also noted with concern that the Equal Pay Act was not in conformity with the principle of equal remuneration for men and women for work of equal value (CEDAW/C/VCT/CO/4–8, 28 July 2015, paragraphs 32 and 33). The Committee urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Co-operative Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable with imprisonment (involving an obligation to perform compulsory prison labour). It expressed the hope that the Government would take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, so as to bring these provisions into conformity with the Convention and the indicated practice.
The Committee notes with interest that the Co-operative Societies Act No. 12 of 2012 repeals the former Co-operative Societies Act. According to section 23 of the Act of 2012, the grounds for refusing, suspending or cancelling the registration of societies involve mainly the breach of any registration requirement or failure to comply with the requirements (prescribed under sections 10 to 21) of this Act, its regulations or by-laws and do not refer to “incompatibility with the peace, good order or welfare of Saint Vincent and the Grenadines”.
2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform compulsory prison labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention, such as:
  • – sections 3(1) and 17(2) of the Public Order Act for wearing in any public meeting, without the permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object.
  • – sections 15 and 17(2) of the Act for the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace.
However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that it had drawn the competent authority’s attention to formally repeal section 3(1) of the Public Order Act. It also noted the Government’s statement that section 15 of the Act was still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. The Committee requested the Government to provide information on the application of section 15 in practice, as well as the measures taken to formally repeal section 3(1) of the Public Order Act.
The Committee notes the Government’s information in its report that there has been no response form the Competent Authority to whom the matter regarding the amendment or repeal of the Public Order Act has been referred. The Government states that it will continue to pursue this matter. The Government further indicates that no matters related to section 15 had been brought before the court. Referring to paragraph 306 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to continue to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the comments the Committee made on the application of the Equal Remuneration Convention, 1951 (No. 100). In view of this, the Committee is bound to repeat its previous comment and asks the Government to reply to its requests in its next report.
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement in its report that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, a copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in the near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed, and compensation awarded.
Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it asked the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, as compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes, and to remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to doing so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps have been taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.
Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants which constitutes one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).
Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which is also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

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

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the Committee’s comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee is therefore bound to repeat its previous comment.
Article 1 of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that Article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that Article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and has recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). Referring to its previous comments, in which it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement in its report that no further action has been taken in this regard. With regard to section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status.
The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies have recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26).
In light of the persistent lack of progress in the drafting of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure the adoption of an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Articles 2 and 3(a). National equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in the near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof (General Survey, 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Implementation of an active employment policy. The Committee notes the Government’s first report on the application of the Convention. It notes that in the 2011 Budget Address, the Prime Minister made various relevant statements declaring the country employment policy which is integrated into its development strategies for the agriculture and tourism sectors, poverty eradication strategies, youth policies and education and training policies. The Government indicates that poverty eradication strategies aim at strengthening labour markets to ensure productivity and competitiveness, supporting education and training to increase the participation of women and school leavers in the labour market and developing enterprises in the agriculture and tourism sectors. The Committee further notes that the global economic crisis has had damaging effects on the socio-economic conditions of the country. Growth continues to be affected by the global slowdown through its impact on tourism and foreign direct investment (FDI). Weather-induced shocks between 2010 and 2011 have added to macroeconomic weaknesses. While expected to decline by 0.4 per cent in 2011, the economy is projected to grow by 2 per cent in 2012, supported by a rebound in agriculture and construction activities and a modest recovery in tourism and FDI flows. According to the 2008 Country Poverty Assessment (CPA) survey, the labour force participation rate was 64.6 per cent and the employment rate was 52.5 per cent. The unemployment rate stood at 18.8 per cent. The Committee invites the Government to provide in its next report information on the impact of its active employment policy in terms of achieving full, productive and freely chosen employment (Article 1 of the Convention). It also requests the Government to provide information on how employment policy measures are kept under periodical review within the framework of a coordinated economic and social policy (Article 2). The Committee would also appreciate receiving information on the impact of the employment policy measures on poverty reduction.
Article 2. Collection and use of employment data. The Government indicates that data concerning the labour force is usually obtained through a national census and the labour force survey. It further indicates that no statistical information is available concerning the implementation of the Convention. The Committee notes that the Government embarked on a project aimed at enhancing the capacity of production and use of labour market information produced by the Government, trade unions and employers’ organizations, as well as at creating a labour market information system (LMIS). This project is jointly implemented by the Department of Labour (DoL) of Saint Vincent and the Grenadines, the Secretariat of the Organization of Eastern Caribbean States (OECS) and the ILO. In its 2010 General Survey concerning employment instruments, the Committee stressed the importance of compiling and analysing statistical data and trends as a basis for deciding measures of employment policy. The Committee intends to follow up on progress made for the development of labour market information systems, for the purposes of ensuring that policy-makers have up-to-date and accurate information to guide their decisions (paragraphs 69–70 of the 2010 General Survey). The Committee invites the Government to report on the progress made in developing a labour market information system. It also requests the Government to indicate how labour market information is used as a basis for employment policy decision-making (Article 2).
Article 3. Consultation with the social partners. The Government indicates that it will give due consideration to consultations with social partners on employment policies. The Committee refers to its 2010 General Survey, where it noted that Convention No. 122 requires governments to consult the representatives of the persons affected by the measures with a view to taking fully into account their experience and views in developing the employment policy. In this regard, the consultations should also be used as a mechanism to enlist the support of the persons affected for the implementation of the policy adopted (paragraph 77 of the 2010 General Survey). The Committee invites the Government to provide information in its next report on the manner in which representatives of the persons affected are consulted concerning the development, implementation and review of employment policies. Please also indicate whether formal consultative procedures have been established for this purpose.
Sectoral development measures. The Government indicates that the employment impact of the agricultural policies is pursued through a mix of measures that aim at boosting the rural sector through diversification, expansion of production and the enhancement of productivity and competitiveness. These measures include: training in production technologies, agri-business management and good agricultural practices. The Government also indicates that the Public Sector Investment Programme is planned to create jobs in the rural and tourism sectors and that the Hospitality Institute provides for training in the tourism and maritime sectors. The Committee invites the Government to provide information on the impact of the measures taken to promote productive employment and improve the quantity and quality of employment opportunities in the abovementioned sectors.
Women’s employment. The Government indicates that active labour market measures implemented in the framework of poverty eradication strategies include supporting mothers’ attendance to education and training courses to increase their participation in the labour market. The Committee notes that according to the 2008 CPA survey, the labour force participation rate among women was lower than among men (56.4 per cent against 74.3 per cent). The employment rate for women was 41.6 per cent compared to 65.2 per cent for men and their unemployment rate stood at 26.2 per cent against 12.2 per cent for men. The Committee invites the Government to provide information on the impact of education and training measures and other measures designed to increase the employment participation rate of women in the open labour market.
Youth employment. The Government indicates that it plans to enhance a training programme for young school leavers, the Youth Empowerment Service (YES), through expanding its services, building an entrepreneurial culture and a better attitude towards work and promoting the involvement of private sector businesses in the YES programme through tax incentives. The Committee notes that according to the 2008 CPA survey, the labour force participation rate among young persons between 15 and 24 years was 52.4 per cent. The employment rate of young persons was as low as 34.7 per cent, while the unemployment rate stood at 33.8 per cent. The Committee invites the Government to supply in its next report disaggregated data on young persons obtaining lasting employment following their participation in the YES programme and other training activities.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed. It also noted the Government’s information that a recommendation had been made to the relevant authority to undertake legislative measures to ensure that the protection afforded by the Convention is applied to children working in all sectors.
The Committee notes the Government’s information in its report that there have been no new developments following the recommendation for legislative action. Recalling that the Convention applies to all types of work or employment, the Committee urges the Government to strengthen its efforts to ensure that the protections provided under the EWYPC Act are extended to all types of work by children, including in an industrial undertaking or ship in which only members of the same family are employed. It requests the Government to provide information on any measures taken or envisaged in this regard.
Article 2(3). Compulsory education. The Committee had previously noted that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years which is higher than the minimum age for admission to employment (14 years). It had also noted the Government’s statement that it has been considering revising and raising the minimum age to employment or work and that it is awaiting a decision from the relevant authority and the Department of Labour in this regard.
The Committee notes the Government’s information that no legislative measures have been taken to raise the minimum age for work or employment. It also states that the practice that all children of compulsory school age are expected to be in an educational institution is widely observed and respected nationally. However, it is still awaiting appropriate action from the competent authority. The Committee notes from the 2015 report entitled “ Overview of the Labour Market of Saint Vincent and the Grenadines” prepared by the Statistical Office, Economic Planning and Sustainable Development Division of the Ministry of Finance and Economic Planning, Sustainable Development and Information Technology, that 76.0 per cent of the household population in St. Vincent and the Grenadines were aged 15 years and over, of which almost two-thirds participated in the labour market, indicating that they were either working, or actively looking for work. In this regard, the Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to raise the minimum age for employment or work to 16 years, in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In this regard, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests the Government to provide information on any progress made in this regard.
Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 6. Vocational training and apprenticeship. The Committee had previously noted that section 3(1) of the EWYPC Act provides for exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority. The Government indicated that there were no provisions regulating apprenticeship programmes. The Committee however noted that subsection (3) of the Schedule to the Wages Regulation (Industrial Workers) Order of 2008 addresses the minimum wage paid to an apprentice. It requested the Government to take the necessary measures to regulate apprenticeship.
The Government refers to the proposed consultations, which would address this issue. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the consultations with stakeholders will regulate apprenticeship programmes and establish the minimum age for entry into apprenticeships, the types of work in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed. It requests the Government to provide information on any progress made in this regard.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(a) and 7(2)(a) and (b). Worst forms of child labour and effective and time-bound measures. Sale and trafficking of children, preventing the engagement of children in the worst forms of child labour and providing the necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the Government’s information regarding the establishment of (i) a National Task Force against Trafficking in Persons at the ministerial level chaired by the Prime Minister; (ii) an Anti-Trafficking in Persons Unit (ATIPU) to educate the general public and to investigate possible cases of human trafficking; and (iii) a crisis centre for providing appropriate accommodation and assistance to victims of trafficking. It requested the Government to provide information on the number of child victims of trafficking under the age of 18 years who had been rehabilitated in the crisis centre as well as on the impact of the measures taken by the national task force and the ATIPU in terms of the number of children who were prevented or withdrawn from trafficking and then rehabilitated.
The Committee notes an absence of information in the Government’s report. It, however, notes from the Government’s Replies to the List of Issues presented by the Human Rights Committee of March 2019 that the ATIPU, since its establishment in 2012, has investigated over 15 suspected cases of trafficking in persons, and over 20,000 students and 3,000 teachers have been sensitized about trafficking in persons. This report also indicates that a National Action Plan to Combat Human Trafficking (NAP) 2016-2020 and a Memorandum of Understanding to Combat Human Trafficking between the ATIPU and various ministries and government departments are in force (CCPR/C/VCT/Q/2/Add.1, paragraphs 89, 91, 93 and 97). Furthermore, according to the information from the official website of the Police Force of the Royal St. Vincent and the Grenadines in July 2021, the Criminal Justice Reform project funded by the Governments of the United States of America and the United Kingdom, handed over to the ATIPU, 30 e-learning programmes to combat human trafficking which include modules covering awareness issues around human trafficking, insight into what human trafficking entails, general indicators for human trafficking and resources available to support professionals and victims. The Committee, however, notes that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2017 expressed concern that (i) the State party remains a country of origin, transit and destination for trafficking in persons, including children, for the purpose of sexual exploitation and forced labour, primarily in agriculture; (ii) at the weak implementation of the Prevention of Trafficking in Persons Act, 2011 resulting in very few victims of trafficking being identified and very few perpetrators of trafficking being investigated, prosecuted and convicted; and that (iii) the protection and specialized services for child victims of trafficking anticipated in the Act have not yet been provided (CRC/C/VCT/CO/2-3, para 62). The Committee therefore requests the Government to strengthen its efforts to ensure that cases of trafficking in children, both for labour and sexual exploitation, are identified, proper investigations and prosecutions are carried out and to provide information on the penalties applied. It also requests the Government to provide information on the activities undertaken by the ATIPU as well as the measures taken within the framework of the NAP 2016-2020 to combat trafficking in children and on the measures taken to provide protection, rehabilitation and social integration assistance to children withdrawn from trafficking.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s information that as a result of the expanded national education system, the incidence of street children had been significantly reduced.
The Committee notes that the CRC, in its concluding observations of March 2017, recommended the Government to update and collect disintegrated data on children in street situations and based on its outcome to develop a national strategy for recovering and reintegrating children in such situations and to provide support to their families and communities in order to prevent children from living and working in the street (CRC/C/VCT/CO/2-3, para 61). Recalling that children who live and work on the street are particularly at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard.
Application of the Convention in practice. The Committee notes that the CRC, in its concluding observations of March 2017, expressed concern that some children reportedly engage in hazardous work, including in the agricultural sector, the commercial sex industry and the illicit trade in drugs (CRC/C/VCT/CO/2-3, para. 59). The Committee therefore once again requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in the worst forms of child labour are made available. It requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by age and gender.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(d) and 4(1). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), did not contain a general prohibition on the employment of children below 18 years of age in hazardous work, other than the prohibition on night work in any industrial undertaking (section 3(2)) nor a determination of hazardous types of work prohibited to children under 18 years of age. It also noted the Government’s indication that consultations with stakeholders to address the issues related to hazardous work by children would be commenced shortly and a draft report would be prepared by the end of 2013.
The Committee notes the Government’s information in its report that there has been no new development on this matter. It notes from the Government’s report of 2021 under the Minimum Age Convention, 1973 (No.138) that the proposed consultations with the relevant stakeholders to address the issues related to hazardous work by children did not materialize due to budgetary constraints and lack of sufficient staff in the Department of Labour. The Government further states that these consultations are still on the agenda and further developments will be communicated in due course. Noting that the Government has been referring to the consultations with the stakeholders since 2013, the Committee once again expresses the firm hope that the consultations with the stakeholders including the social partners will be held in the near future and legislation relating to the prohibition on hazardous work by children under 18 years of age as well as a regulation determining the types of hazardous work prohibited to children under the age of 18 years will be adopted soon. The Committee requests the Government to provide information on any developments made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Adopted by the CEACR in 2020

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

In order to provide a comprehensive view of issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Transportation facilities. Following its previous comment, the Committee notes the Government’s indication that every labour officer receives a travel allowance, which is payable only if the officer is also the registered owner of the vehicle used. In this regard, the Committee takes note of the Schedule of Traveling Allowance, the Mileage Claim Form and the Certificate for Transport Allowance transmitted by the Government with its report. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and cases of occupational disease. The Committee previously noted that the Occupational Safety and Health Bill, once adopted, would give effect to Article 14 of Convention No. 81 by providing for the notification of the labour inspectorate of industrial accidents and cases of occupational diseases.
The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Act, 2017 has been passed by the Parliament but remains unenforced since it has not yet been proclaimed. The Committee requests the Government to pursue its efforts to ensure the notification of the labour inspectorate of occupational accidents and cases of occupational diseases, and to provide a copy of the OSH Act, once proclaimed.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comments, the Committee noted that technical assistance was provided by the Office for the implementation of the Labour Market Information System (LMIS), which contains statistics on labour inspection and was intended to be used to record and generate reports on labour inspections. The Committee notes the Government’s indication that it is still not in a position to publish the annual labour inspection reports as was envisaged through the establishment of the LMIS, which remains functional at best. The Committee notes that the shortage of human resources at the Department of Labour creates a significant challenge for the Government to regularly and accurately enter data into the system. Taking note of the difficulties identified by the Government, the Committee requests the Government to provide information on the measures it is taking to address these difficulties. It requests the Government to strengthen its efforts to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, containing the information on all the matters listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

C102 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report.
Part II (Medical care) of the Convention. Provision of medical care, types of benefits, and cost-sharing. (i) Articles 7 and 10. Morbid condition. The Committee requests the Government to provide information on the application of Articles 7 and 10 of the Convention. In particular, the Committee requests the Government to indicate whether the medical benefits listed in Article 10(1)(a) are provided to the persons protected in case of morbid condition. The Committee further requests the Government to indicate whether and to what extent beneficiaries or insured persons are required to share in the cost of the medical care benefits received in case of a morbid condition, and, if cost-sharing is required, to provide information on any measure ensuring that cost-sharing does not involve hardship for persons protected, in application of Article 10(2) of the Convention. The Committee also requests the Government to state in detail the measures taken to give effect to Article 10(3) and (4).
(ii) Article 10(1)(b), in conjunction with Article 49, Part VIII (Maternity benefits). Maternity medical care benefits. The Committee requests the Government to indicate whether the maternity medical care benefits listed in Articles 10(1)(b) and 49 of the Convention are provided to insured women and to the wives of insured men during pregnancy, confinement and their consequences, and to provide a copy of the relevant legislation. The Committee further requests the Government to indicate whether beneficiaries or insured persons are required to share in the cost of maternity medical care benefits.
Part VI (Employment Injury Benefits), Article 35. Re-establishment of victims of employment injury in suitable work and vocational rehabilitation. The Committee notes the indication by the Government that no measures have yet been taken to give effect to Article 35 of the Convention, which requires that departments administering the medical care co-operate with the general vocational rehabilitation services, with a view to the re-establishment of disabled persons in suitable work. The Committee requests the Government to report on any measures taken or envisaged to give effect to Article 35 of the Convention.
Part VIII (Maternity Benefit), Articles 50 and 51. Maternity cash benefit. Application in practice. The Committee notes the information provided by the Government concerning the conditions for entitlement to maternity benefits. It notes, in particular, that women employees who have paid 30 weekly contributions into the National Insurance Services (NIS), including at least 20 weekly contributions immediately preceding the week of confinement, are entitled to a maternity benefit, in accordance with Regulation 19 of the National Insurance (Benefits) Regulations, 1994, as amended. The maternity benefit corresponds to 65 per cent of the woman’s insurable earnings (or credits) in the last 30 weeks (Regulation 22). The Committee also notes that insured women who have at least 20 weeks of paid contributions in the 30 weeks immediately preceding the week of childbirth, and the wives or partners of insured men with the same contributory period, are entitled to a maternity grant, which is a single payment of 660 dollars upon the birth of a child (Regulation 2 and Regulation 23, as amended). As regards the application of the provisions in practice, the Committee notes from the statistical information provided by the Government that, while 17,487 women were in insured employment in 2016, no maternity benefits have been paid from 2012 to 2016, while 584 maternity grants have been paid in 2016 only. The Committee requests the Government to provide information on the reasons that may explain the lack of payment of any maternity benefits during the period 2012–2016.

C129 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Additional functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. With regard to its previous comment regarding the limited staff available at the Department of Labour to discharge of the duties of the inspectorate, the Committee notes the Government’s indication in its report that the situation remains the same due to national budgetary constraints and the relatively high rate of turnover for labour officers during the last five years. The Committee further notes that there are currently five officers who act as labour inspectors, but that they also perform other duties beside inspections. However, the Government states that a number of occupational safety and health (OSH) inspectors will be recruited following the promulgation of the OSH Act.
The Committee notes that 41 inspection visits were conducted in 2019 and 12 more visits between January and August 2020. In 2019, these inspection visits were conducted in shops, workplaces of professionals, hotels, industrial workplaces, in the workplaces of domestic workers and security workers. No inspection visits were conducted in the agricultural sector that year. It notes in this respect the Government’s indication that there has been a significant decline in the number of workers in the agricultural sector over the last 15 years.
The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Taking note of the national budgetary constraints, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on the number of labour inspectors (including OSH inspectors) and the number of inspection visits undertaken, including the number of inspection visits undertaken in the agricultural sector. It once again requests the Government to provide information on the results of those inspections, such as the number of violations detected and penalties imposed. Lastly, the Committee requests the Government to specify all the other functions carried out by the officials entrusted with labour inspection functions and to provide information on the amount of time spent by those officials on such other functions.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that no training has been provided to labour inspectors since 2011 and that the majority of officers who have been trained are no longer employed by the Department of Labour. The Government states that new officers were transferred from other government Ministries or Departments and received only on-the-job training from the more experienced officers remaining in the Department. The Committee requests the Government to intensify its efforts to ensure that all labour inspectors receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.
The Committee is raising other matters in a request addressed directly to the Government.

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Tripartite consultations required by the Convention. The Government indicates that tripartite consultations are carried out within the National Tripartite Committee (NTC), which is composed of representatives of the Government and employers’ and workers’ organizations, as well as representatives of the Saint Vincent and the Grenadines Chamber of Commerce and the Hotel and Tourism Association. Consultations within the NTC are carried out in accordance with the guidelines set out in its terms of reference. The Government indicates that no consultations have been held to date in relation to the provisions set out in Article 5 of the Convention. The Committee invites the Government to provide in its next report detailed information on the procedures to ensure effective consultations within the National Tripartite Committee on the matters relating to international labour standards covered by the Convention (Article 2 of the Convention).
Replies to questionnaires, submissions to the House of Assembly and reports to be made to the ILO. The Committee notes that 22 Conventions are in force for Saint Vincent and the Grenadines including the eight fundamental and the four governance Conventions. The Committee further notes that the submission to the House of Assembly is pending with respect to 28 instruments adopted by the Conference between June 1995 and June 2015. The Committee requests the Government to provide in its next report information on tripartite consultations held on questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)), on the submission to the House of Assembly of the instruments adopted by the Conference (Article 5(1)(b)) and on the preparation of reports on the application of ratified Conventions (Article 5(1)(d)).
Operation of the consultative procedures. The Government indicates that no annual reports have been issued, nor have there been any consultations on this matter. The Committee requests the Government to provide information on consultations that may have taken place on Article 6 of the Convention (the working of the procedures provided for in the Convention), and the outcome of such consultations.

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified three maritime Conventions, which have been denounced following the entry into force of the MLC, 2006 for Saint Vincent and the Grenadines. It notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for the country respectively on 18 January 2017 and 8 January 2019. The Committee further notes the supplementary information provided by the Government on 30 September 2019. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
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, respectively, 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 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that the Convention is implemented by the Shipping Act of 2004, by the Shipping (Maritime Labour Convention) Regulations of 2017 (hereinafter the SVG Regulations) and by circulars adopted by the Saint Vincent and the Grenadines Maritime Administration (SVG MARAD). The Committee notes that the Government has provided a copy of the Maritime Labour Certificate and a copy of the Declaration of Maritime Labour Compliance (DMLC) Part I and Part II. The Committee requests the Government to provide an example or examples of Part II of the DMLC, which have been prepared by a shipowner and have been accepted by the competent authority.
Article II. Definitions and scope of application. Seafarers. Ships. The Committee notes that section 2.3 of Circular No. MLC 002 - rev.1 on Procedures for Maritime Labour Convention Certification (Circular MLC No. 002) provides that “a Seafarer is any person who is employed or engaged or works in any capacity on-board a ship to which the MLC, 2006 applies”. It also notes that section 2 of the Shipping Act of 2004 defines “seafarer” as every person (except masters and pilots) employed or engaged in any capacity on board any ship. The Committee recalls that under Article II, paragraph 1(f) of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, including masters. The Committee requests the Government to indicate the measures taken to harmonize its legislation to ensure that the protection afforded by the Convention is guaranteed to all seafarers within its scope of application, including masters. The Committee also notes the Government’s indication that no case of doubt has arisen as to whether any category of persons are to be regarded as seafarers. However, the Committee notes that Section 2.3.2 of the Circular N° MLC 002 provides a non-exhaustive list of exclusions concerning persons whose work is not part of the routine operation of the ship. The Committee notes in particular that, according to section 2.3.4 of this Circular, non-marine personnel employed under outsourced service agreements are not considered as seafarers. Referring to the above-mentioned definition of seafarer, the Committee requests the Government to provide detailed explanations concerning the categories of persons who fall within the definition of non-marine personnel. It further requests the Government to provide updated information on any further determination concerning the definitions of “seafarer” and “ships” made by the competent authority.
Article VII. Consultations. The Committee notes the Government’s indication that representative organizations of seafarers have not yet been established despite numerous efforts and many meetings convened with some seafarers. The Committee recalls that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, in cases where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a seafarers’ organization is established in the country, the Committee requests the Government to have recourse to the consultative arrangement provided for in Article VII.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that Title 1, paragraph 1 (d) of Schedule of the SVG Regulations provides that no seafarer under the age of 18 years shall work at night except in accordance with paragraph 8(c).Under this provision, seafarers under the age of 18 years are allowed to work at night if they are trained and certified as competent by any appropriate industry body in the area of work. The Committee recalls that, according to Standard A1.1, paragraph 3, the competent authority may authorize exceptions to the prohibition of night work of seafarers under the age of 18 years only when the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired or when the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and 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 indicate the measures taken or envisaged 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 notes the Government’s reference to Title 1, paragraph (1)(c) of the Schedule of the SVG Regulations according to which a seafarer under the age of 18 shall not be employed, engaged or work on-board a ship following the types of work listed under Guideline B4.3.10 (a-l) of the Convention. However, the Committee notes that such dangerous activities could be performed by seafarers under 18 years of age if they are recognized as “trained and certified as competent by an appropriate industry body in an area of work”. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers 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 indicate how it gives effect to Standard A1.1, paragraph 4, giving due consideration to Guideline B4.3.10.
Regulation 1.2 and Standard A1.2, paragraphs 5 and 6. Medical certificate. Right to have a further examination. Nature of medical examination. The Committee notes the Government’s indication that the Schedule of the SVG Regulations reproduces the requirements of Standard A1.2, paragraphs 3 to 10 of the Convention. The Committee observes however that the said Schedule does not specify the nature of the medical examination nor the right to a further examination provided for under Standard A1.2, paragraphs 5 and 6 of the Convention. The Committee requests the Government to indicate how it gives effect to these requirements of the Convention.
Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s reference to paragraph 5(b) of the Schedule of SVG Regulations, which provides that “a collective agreement may form all or part of the SEA provided that, if it does, a copy is available on-board in English”. The Committee however notes that these provisions do not explicitly provide that it shall be ensured that clear information as to the conditions of employment of seafarers, including the ship’s master, can be easily obtained, in accordance with Standard A2.1, paragraph 1(d). The Committee therefore requests the Government to provide information on how it implements the requirement that seafarers shall have easy access to information on board ship about their conditions of employment, including to collective bargaining agreements. The Committee notes the additional information provided by the Government according to which no standard SVG Form currently exists for SEA or collective bargaining agreements and shipowners should ensure that a SEA follows Standard A2.1 Paragraph 4(a) to (j) in accordance with Paragraph 5 (d), Title 2 of the Schedule of the SVG Regulations. Furthermore, paragraph (d) of Title 5 of the Schedule of the SVG Regulations contains the elements provided for under Standard A2.1, paragraph 4. The Committee requests the Government to provide an example of a SEA. The Committee further notes paragraph 5(e) of the Schedule of the SVG Regulations, which provides that in lieu of ‘birthplace’ specified under Standard A2.1, paragraph 4(a) of the Convention, the SEA may contain ‘nationality’ as substantially equivalent measures in accordance with Article VI of the Convention. Referring to Article VI, paragraph 3 of the Convention, the Committee recalls that explanations are required where a national implementing measure differs from the requirements of Part A of the Code. In particular, the Committee needs information on the reason why the Member was not in a position to implement the requirement in Part A of the Code, as well as (unless obvious) on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in Article VI, paragraph 4.  Accordingly, the Committee requests the Government to provide information with respect to the substantial equivalence it has adopted.
Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the Government has adopted a system of hours of rest. The Committee notes that the Paragraph 7 (b) Title 2 of the Schedule of the SVG Regulations provides that every seafarer shall be entitled to minimum hours of rest, of no less than 10 hours in any 24 hour period and 77 hours in any seven day period. It observes that national legislation does not include measures that have been adopted for seafarers under the age of 18 as required under the Convention. Recalling the requirements of Standard A1.1, paragraph 2, which prohibits night work of seafarers under the age of 18, the Committee requests the Government to explain how it has given due consideration to Guideline B2.3.1 of the Convention. The Committee also notes that records of seafarers daily rest hours shall be maintained in the published IMO/ILO format. Every seafarer shall receive the hours of rest specified in Standard A2.3, which shall be endorsed by the master or a person authorized by the master and by the seafarer. The Committee notes that, as a substantially equivalent measure, the Competent Authority accepts that the records may be in an electronic format, provided that each seafarer: has access to it, can obtain a printed copy, and is able (as well as the Master) to endorse his/her record electronically and the records are in a format recognizably similar to the IMO/ILO format, protected against tampering and available readily to auditors, inspectors and PSC officers. It further notes that Title 2, paragraph 7(f) of the Schedule of the SVG Regulations provides for exceptions to the requirements of subparagraphs (b) and (c) of these Regulations, i.e. hours of rest could be divided into more than two periods in case of emergency or other overriding operational condition, provided that on conclusion of the situation, the seafarer involved receives suitable compensatory rest. The Committee observes that such exception goes beyond the requirement provided for under Standard A2.3, paragraph 14 of the Convention. The cases covered by this provision are provided for by paragraph 7 (j) of the said Regulations. In this respect, the Committee recalls that subject to Standard A2.3, paragraph 14, hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, or that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraph 6). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.3, paragraphs 6 and 14.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that Title 2, paragraph 9(b) and (c) of the Schedule of the SVG Regulations reproduces the requirements set out under this provision of the Convention. However, it observes that sub-paragraph (c) provides that the maximum duration of service on board ship shall not exceed twelve months. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum period of service on board shall be less than 12 months. In this regard, it observes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 3.1 and Standard A3.1, paragraph 6(c), (d), (e). Accommodation and recreational facilities. General requirements. Location of sleeping rooms. The Committee notes that, in relation to possible exceptions with respect to the location of sleeping rooms, the Government refers to Title 3, paragraph 12(g) of the Schedule of the SVG Regulations which concerns the exemptions provided for ships of less than 200 gross tonnage. The Committee observes that Standard A3.1, paragraph 20, allows for the possibility to exempt ships of less than 200 gross tonnage in relation to a limited number of requirements which do not include Standard A3.1, paragraph 6 (c) and (d). Accordingly, the Committee requests the Government to indicate how it ensures that any exemptions granted in application of Title 3, paragraph 12(g) of the Schedule of the SVG Regulations are limited to those permitted by Standard A3.1, paragraph 20.
Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee notes the Government’s reference to Title 4, paragraphs 14 and 16(b) of the Schedule of the SVG Regulations, which are not relevant in the context of the implementation of these provisions of the Convention. The Committee recalls that according to Regulation 4.1 and Standard A4.1, paragraphs 1(b) and 4 (d), every Member shall ensure that seafarers on board ships flying its flag 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, as well as to maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage. The Committee accordingly requests the Government to indicate the measures giving effect to Regulation 4.1 and Standard A4.1, paragraph 1(b).
Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government’s reference to Title 4, paragraph 14 of the Schedule of the SVG Regulations contains no relevant provisions giving effect to this provision of the Convention. The Committee recalls that Regulation 4.1, paragraph 3, refers to a port or a coastal State obligation and provides that each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee accordingly requests the Government to provide information on how it ensures implementation of this provision of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum Requirements. Medical advice by radio or satellite. The Committee notes the Government’s reference to Title 4, paragraph 15(h) of the Schedule of the SVG Regulations, which concerns the shipowner liability under Standard A4.2.1 and which is not relevant in the context of the implementation of this provision of the Convention. The Committee recalls that Standard A4.1, paragraph 4(d) provides for the adoption of laws and regulations requiring the competent authority to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to provide information on the measures adopted to comply with this requirement of the Convention.
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 meets certain minimum requirements. In this regard, it notes that the additional documentation provided by the Government in 2019 contains a sample financial security certificate. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.
Regulation 4.2, Standard A4.2.2, paragraph 3. Effective arrangements to receive, deal with and impartially settle contractual claims. The Committee notes the Government’s indication that national legislation contains no effective arrangements in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures. The Committee requests the Government to indicate how it ensures compliance with this provision of the Convention.
Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes the Government’s reference to paragraph 16(e) of Title 4 of the Schedule of the SVG Regulations, which provides that every SVG ship shall carry on-board an up-to-date copy of the ILO code of practice entitled Accident prevention on board ship at sea and in port, which may be in paper or electronic format provided that all seafarers have access at any time to its content appropriate to their roles on-board. The Committee also notes that Title 4, paragraph 16(e) of the Schedule of the SVG Regulations provides that the standards and practices required for occupational health, risk analysis, safe working practices and measures to reduce the risk of exposure to harmful levels of ambient factors and chemicals and the risk of injury or disease shall be those set out in the above mentioned ILO Code and such other guidance as the Administration may publish from time to time. The Committee recalls that pursuant to Regulation 4.3, paragraphs 2 and 3, each Member shall, after consultations with representatives of the shipowners’ and seafarers’ organizations, develop and regularly review national guidelines for the management of occupational safety and health on board ships that fly its flag. The Committee accordingly requests the Government to inform how it gives full effect to these provisions of the Convention, to provide any guidance published by the Administration and to report on the consultative processes for the elaboration and review of national guidelines on health and safety protection and accident prevention.
Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Seafarers under the age of 18. The Committee notes that the Government refers to Title 4, paragraph 16 (a), (b), (c) and (d) of the Schedule of the SVG Regulations. However, it observes that these provisions contain no information on the measures taken to protect seafarers under the age of 18. The Committee recalls that, according to Standard A.4.3, paragraph 2(b), laws and regulations and other measures to be adopted by each Member, shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18. The Committee requests the Government to indicate how it ensures compliance with Standard A.4.3, paragraph 2(b).
Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of laws and regulations. The Committee notes the Government’s indication that no information is available on this issue. The Committee accordingly requests the Government to provide, in its next report, updated information on the involvement of shipowners’ and seafarers’ organizations in the regular review of laws and regulations, as required under Standard A4.3, paragraph 3.
Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee notes the Government’s reference to paragraph 16(h) of the SVG Regulations, which deals with the establishment of a safety committee on-board ship. The Committee recalls that pursuant to Standard A4.3, paragraph 8, the competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. The Committee requests the Government to indicate the measures taken to implement this provision of the Convention.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no information is available on this issue. The Committee requests the Government to provide information on the evaluation of needs for seafarers’ welfare facilities in ports in Saint Vincent and the Grenadines, in accordance with the requirements of Standard A4.4, paragraphs 2 and 3. In particular, it requests the Government to indicate whether the possibility of establishing a welfare board has been envisaged with a view to ensuring that welfare facilities and services are appropriate to the needs of seafarers. The Committee also requests the Government to provide information on the system for financing welfare facilities and services.
Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Saint Vincent and the Grenadines: sickness benefit; unemployment benefit; maternity benefit and survivors’ benefit. In this connection, the Committee notes Government’s indication that a draft proposal is being prepared to amend the National Insurance Act, which would allow seafarers who are nationals or ordinary residents to receive social security protection. The proposal is still awaiting formal approval by the Government and no information is available in the time being on the application of Regulation 4.5. Furthermore, the Committee recalls that the Convention requires in particular that all seafarers ordinarily resident in Saint Vincent and the Grenadines are entitled to benefits from social security protection in the three branches specified no less favourable than that enjoyed by shore workers (Regulation 4.5, paragraph 3). The Committee requests the Government to indicate the measures taken to amend the National Insurance Act to ensure that seafarers ordinarily resident in its territory are provided with social security benefits that are no less favourable than those provided to shore workers resident in Saint Vincent and the Grenadines. It further requests the Government to provide a copy of the text once it has been adopted. The Government is also requested to provide information any bilateral or multilateral arrangements in which Saint Vincent and the Grenadines participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).
Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes that the reference made by the Government to Title 5, paragraph 17 of the Schedule of the SVG Regulations regarding the relevant provision implementing its obligation to review the competence and independence of recognized organizations contains no information on the application of this provision of the Convention. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC). Documents on board. The Committee notes the Government’s reference to Title 5, paragraph 18(a) of the Schedule of the SVG Regulations. However, the Committee observes that no requirements under the said paragraph provide that the Maritime Labour Certificate and the DMLC shall be accompanied by an English-language translation where it is not in English and a copy of these documents shall be posted in a conspicuous place on board where it is available to the seafarers. Furthermore, as required under Standard A5.1.3, paragraph 12, a copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives. The Committee therefore requests the Government to indicate how effect is given to this provision of the Convention.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indications that Flag State Inspectors are expected to have at least ten years relevant experience and professional qualifications in Maritime Administration & Management, Naval Architecture or Marine Engineering. It also notes that no measures have been adopted to guarantee that (i) inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences; (ii) the source of any grievance or complaint is treated as confidential; and (iii) compensation is payable for any loss or damage suffered as a result of the wrongful exercise of inspectors’ powers. The Committee requests the Government to indicate how effect is given to Standard A5.1.4, paragraphs 3, 6, 10, 11, 16 and 17.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes that the Government’s report is silent on this issue. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes the Government’s indication that, according to Title 5, paragraph 19 of the Schedule of the SVG Regulations, the recognized organization shall provide an inspection report to the Administration, whether or not the ship is certified. The Committee recalls that one copy of the report shall be furnished to the master of the ship and another copy shall be posted on the ship’s noticeboard for the information of the seafarers and, upon, request sent to their representatives, as required under Standard A5.1.4, paragraph 12. Noting that the Government has provided no information in this respect, the Committee requests the Government to indicate how effect is given to this requirement of the Convention.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaints Procedures. The Committee notes the Government's indication that the competent authority has not developed a model for a fair and expeditious and well-documented on-board complaint procedure for ships that fly Saint Vincent and the Grenadines’ flag. However, it observes that Section 6 of Circular MLC No. 002 provides that it is a mandatory requirement for shipowners to establish on-board procedures for the fair, effective and prompt handling of the seafarers' complaints alleging breaches of the requirements of the Convention and of seafarers' rights in accordance with the national requirements. Furthermore, Title 5, paragraph 19(e) of the Schedule of the SVG Regulations foresees that, in addition to the complaints procedure, every seafarer shall be provided with the name of the person or persons on-board who can, on a confidential basis, provide him with impartial advice on the complaint or otherwise assist him. The Committee notes that, according to paragraph 19(f), the Administration accepts “the identity of a position on-board” as a substantial equivalent to the requirements of paragraph 19(e). The Committee recalls that Title 5, paragraph 2 of the Convention may not be implemented through substantially equivalent provisions. The Committee therefore requests the Government to amend paragraph 19(f) of Title 5 of the SVG Regulations and adopt the necessary measures to be in full compliance with Regulation 5.1.5 and the Code.
Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. The Committee notes that Title 5, paragraph 16(g) of the Schedule of the SVG Regulations provides that all accidents, injuries and diseases occurring on-board any Saint Vincent and the Grenadines ship shall be reported to the Administration at the earliest possible opportunity following the occurrence, in accordance with requirements published by the Administration. It also notes the Government’s indication that the reports on marine causalities are not normally made public. The Committee recalls that, in accordance with Regulation 5.1.6 of the Convention, an official inquiry into any serious casualty shall be held in all cases and that the final report of the inquiry shall normally be made public. Noting that reports on all accidents are communicated to the Administration but not normally made public, the Committee requests the Government to clarify whether reports concerning serious marine casualties are normally made public as required under this provision of the Convention.
[The Government is asked to reply in full to the present comments in 2023.]
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