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

Maritime Labour Convention, 2006 (MLC, 2006) - Tunisia (Ratification: 2017)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2018 entered into force for Tunisia on 5 April 2017 (date of ratification of the MLC, 2006) and 26 December 2020, respectively. It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Tunisia during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article 1 of the Convention. General questions on application. Implementing measures. The Committee notes the information provided by the Government on the legislative texts relating to the application of the Convention. It notes in particular that the Maritime Labour Code is being revised to align it with the provisions of the Convention. It notes that the other legislative texts provided by the Government give only very partial effect to the provisions of the Convention. The Committee requests the Government to take the necessary measures to implement the Convention, taking into account its comments presented below. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 143 of the Maritime Labour Code provides that no seafarers may be admitted to work on board a vessel unless they are at least 15 years of age. The Committee recalls, in this regard, that Standard A1.1, paragraph 1 prohibits the employment, engagement or work of seafarers under the age of 16. The Committee requests the Government to adopt the necessary measures to bring its legislation into conformity with these provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s reference to section 145 of the Maritime Labour Code, according to which no underage engine-room seafarers shall be employed in the compartments for more than four hours per day, nor where high temperature may be harmful to their health. They cannot be employed to work in stokeholds or tanks. The Committee notes that this provision prohibits a single category of work that is likely to jeopardize the safety and health of seafarers under the age of 18. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether there is a list of the types of work in question and, if so, to indicate whether it has been adopted after consultation with the shipowners’ and seafarers’ organizations.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s reference to Act No. 2008-44 of 21 July 2008 regarding maritime occupations allowing for the establishment of ship management associations by the public or private sector. It also notes the Government’s statement that these associations can provide services related to the management of seafarers on behalf of the shipowner (recruitment, placement, crew changes, organization of seafarer voyages, various seafarer services). In the absence of specific measures, the Committee requests the Government to indicate the measures adopted or being prepared to ensure that the recruitment and placement of seafarers carried out by the management associations comply with the requirements of Regulation 1.4 and the Code, including with regard to asystem of protection to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them (Standard A1.4, paragraph 5(c)(vi)).

Regulation 1.4, paragraph 3 and Standard A1.4, paragraph 9. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that when shipowners use recruitment or placement services operating in countries that have not ratified the Convention, the maritime authority makes available to the seafarers employed a list of the rights and obligations set out in the MLC, 2006 with a view to making them aware of their relationship with shipowners and seafarer recruitment and recruitment services in accordance with this Regulation of the Convention. The Committee recalls that the Government must require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which the Convention does not apply, ensure that those services meet the requirements of this Standard. The Committee therefore requests the Government to indicate the measures adopted to implement Regulation 1.4, paragraph 3 and Standard A1.4, paragraph 9.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes that section 26 of the Maritime Labour Code provides that the minimum notice period to be given in the case of termination of the seafarers’ employment agreement must be the same for the seafarer and the shipowner. However, this provision does not set out a minimum notice period for the termination of a seafarers’ employment agreement, as required by Standard A2.1, paragraph 5. In addition, the Committee notes the Government’s indication that this provision is subject to amendment in order to meet the requirements of the Convention. The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention and to provide it with a copy of any new legislation as soon as it is adopted.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that, with regard to the requirement of a shorter notice period for urgent reasons, the Government refers to sections 31 and 32 of the Maritime Labour Code which provides that the employment agreement concluded for a determined period terminates at the end of the term for which it was concluded. The Committee requests the Government to indicate how, in accordance with Standard A2.1, paragraph 6, account has been taken of the need for seafarers to terminate the employment agreement on shorter notice or without notice for compassionate or other urgent reasons, without penalty.

Regulation 2.1 and Standard A2.1, paragraph 1(d). Seafarers’ employment agreement. Clear information on the conditions of employment. The Committee notes the Government’s reference to section 27 of the Maritime Labour Code, which contains the essential elements to be included in the seafarers’ employment agreement. Recalling that the protection given by Standard A2.1, paragraph 1(d) must be prescribed by legislation, the Committee requests the Government to indicate the legislative or regulatory measures taken or envisaged to ensure that seafarers recruited on ships that fly the Tunisian flag may easily obtain clear information as to the conditions of their employment on board.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s indication that a document mentioning the record of employment on board the ship for each function is being prepared by the maritime authority that currently reviews the Maritime Code that will take this provision of the Convention into account. The Committee requests the Government to indicate the measures adopted to give effect to Standard A2.1, paragraphs 1(e) and 3 and to communicate a copy to it of any new legislation as soon as it is adopted.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7).The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee notes the Government’s indication that section 79 of the Maritime Labour Code provides that the payment of wages must be mentioned in the crew registry and the seafarers’ book signed by the latter. A payslip must be included, prepared under the conditions set out by the legislation in force. Noting that the Government does not provide any details on the national legislation in force, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.2, paragraph 2, according to which seafarers must be given a monthly account of the payments due and the amounts paid to them.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes the Government’s indication that if payment is made abroad, it may be made in the currency of the country, at the current exchange rate, under the supervision of the maritime authority, in accordance with the relevant legislation in force. The Committee notes that the Government does not indicate the provisions guaranteeing that any charges to the seafarers for transmitting their earnings to their families must be reasonable in amount. The Committee requests the Government to indicate the measures taken or envisaged to give effect toStandard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the Government’s reference to section 5 of Decree No. 74-1001 of 16 November 1974, concerning the regulation of work on board, the determination of minimum staffing levels and the distribution of personnel assigned to the service of the vessel, according to which, with the exception of vessels of less than 500 gross tonnage and engaged in voyages of less than 24 hours’ duration, watchkeeping duties for officers and crew members must not exceed five consecutive hours. In this case, they must be afforded uninterrupted rest of at least six hours. The Committee requests the Government to indicate the manner in which it ensures that the hours of rest for seafarers working on vessels of less than 500 gross tonnage may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that sections 8, 9, 10 and 12 of Decree No. 74-1001 provide for cases where seafarers are called upon to interrupt their hours of rest in order to deal with urgent situations, in particular with a view to ensuring the safety of the proper operation of the vessel, as well as providing assistance at sea, such as in unforeseeable exceptional circumstances that place human life at sea, the safety of the vessel or its cargo in imminent danger, as well as assistance of any vessel in danger. The Committee recalls that the Convention provides that in these circumstances compensatory rest is granted to seafarers (Standard A2.3, paragraph 14). The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this provision of the Convention.

Regulation 2.4 and Standard A2.4, paragraphs 1-3. Entitlement to leave. Method of calculation. Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Possible exceptions to the prohibition to forgo paid annual leave. Maximum period of service on board. The Committee notes section 112(1) of the Maritime Labour Code, according to which seafarers are entitled, after 12 months of continuous service, to annual paid leave at the shipowner’s expense of one and a half working days per month of service. It also notes that this Code is being revised to give full effect to the requirements of the Convention. The Committee recalls that, in accordance with Standard A2.4, paragraphs 1 and 2, each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers, and that subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee also recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board must be “less than 12 months”. In this regard, it points out 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, 11 months. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.4, paragraphs 1 and 2 and Standard A2.5.1, paragraph 2(b).

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that ships’ masters may authorize seafarers to take shore leave when the ship is stopped at a Tunisian or foreign port, depending on the requirements of safety on board the ship and its trade operations. This practice is tolerated by the maritime authority for the well-being of the seafarers. In the absence of information on the corresponding measures adopted to ensure conformity with this requirement, the Committee requests the Government to indicate the manner in which it gives effect to Regulation 2.4, paragraph 2.

Regulation 2.5, paragraph 1 and Standard A2.5.1, paragraphs 1 and 2. Repatriation. Circumstances. The Committee notes that section 110 of the Maritime Labour Code specifies the conditions under which a seafarer has the right to repatriation. The Committee notes, however, that this provision does not include all the cases provided for in the Convention. It also notes that the maximum duration of the service period on board at the end of which seafarers have the right to repatriation has not been established in the legislation. The Committee therefore requests the Government to indicate the measures taken to give full effect to Standard A2.5.1, paragraphs 1 and 2 of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s reference to section 110(6) of the Maritime Labour Code, according to which the cost of repatriation of a seafarer who is landed during the voyage, after termination of the agreement upon mutual request of the parties, is settled by agreement of the parties under the supervision of the maritime authority. The Committee recalls that the Convention stipulates that the cost of repatriation is at the expense of the shipowner, except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of his or her employment obligation (Standard A2.5.1, paragraph 3). The Committee recalls that the requirement to repatriate the seafarer remains even if the seafarers’ employment agreement is terminated upon mutual request of the two parties. The Committee also recalls that the only case in which this entitlement may lapse in accordance with the Convention is provided for by Guideline B2.5.1, paragraph 8, namely if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements. Noting that section 110(6) of the Maritime Labour Code is not in conformity with the Convention, the Committee requests the Government to adopt the necessary measures to ensure that any national legislation provisions that deprive seafarers of their right to repatriation is limited to the circumstances authorized by the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that national legislation does not specify the conditions under which a seafarer is considered to have been abandoned. The Committee recalls that for the purpose of Standard A2.5.2, paragraph 2, a seafarer shall be deemed to have been abandoned where the shipowner fails to cover the cost of the seafarer’s repatriation, has left the seafarer without the necessary maintenance and support, or has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months. In these circumstances, the financial security system shall cover outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or the national law of the flag State, limited to four months, as well as essential needs of the abandoned seafarer and all expenses reasonably incurred, including the cost of repatriation until arrival at the seafarer’s home, pursuant to Standard A2.5.2, paragraphs 9 and 10.The Committee therefore requests the Government to take the necessary measures to ensure that the seafarers receive the assistance provided under the financial security system in all circumstances provided for by Standard A2.5.2, paragraph 2, and until arrival at home, as required by Standard A2.5.2, paragraphs 9 and 10.

Regulation 2.5 and Standard A2.5.2, paragraphs 6 and 7. Repatriation. Financial security. Documentary evidence. The Committee notes the Government’s indication that the maritime authority has required national shipowners to provide a certificate or other documentary evidence of financial security in accordance with the provisions of Regulation 5.1.3, specifying that this document must be kept on board and brought to the attention of the seafarers. However, the Government does not indicate the corresponding legislation. The Committee notes this information and requests the Government to transmit an example model of the documentary evidence that must be accepted or issued with regard to the financial security to be provided by the shipowner that must contain the information required in Annex A2-I of the Convention (Standard A2.5.2, paragraphs 6 and 7).

Regulation 2.5 and Standard A2.5.2, paragraph 11. Repatriation. Financial security.Termination. The Committee notes the Government’s indication that the requirement set out by this provision of the Convention will be taken into account during the revision of the Maritime Labour Code. It reminds the Government that Standard A2.5.2, paragraph 11 provides that the national legislation must require that the financial security shall not cease before the end of its period of validity unless the financial security provider has given prior notification of at least 30 days to the competent authority of the flag State. The Committee requests the Government to proceed with the revision of the Maritime Labour Code without further delay in order to bring it into conformity with the requirements of Standard A.2.5.2, paragraph 11.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes the Government’s reference to section 23 of Decree No. 741001 according to which the catering staff work in teams composed of a sufficient number of persons so as to ensure, with the necessary care and requisite sanitation, catering services for all persons on board, and accommodation services for all officers and passengers. It also notes the Government’s indication that section 99 of the Maritime Labour Code will be amended during the revision of the Code to bring it into conformity with the requirements of Regulation3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to proceed to the revision of the Maritime Labour Code without further delay in order to bring it into conformity with Standard A2.7, paragraph 3 and Regulation 3.2 and the Code.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that section 106 of the Maritime Labour Code requires that the shipowner must provide the seafarer on board the ship with appropriately equipped accommodation, with lighting and ventilation, in proportion to the number of occupants and reserved exclusively for their use. A decree establishes the conditions which the facilities must meet. The Committee notes that the legislation referred to by the Government gives only partial effect to the requirements of StandardA3.1.In the absence of information concerning the application of several provisions of Standard A3.1, the Committee requests the Government to indicate how the following requirements are applied: characteristics of accommodation (paragraph 6(a)-(f)); availability of one sleeping room per seafarer (paragraph 9(a)); minimum inside dimensions of a berth (paragraph 9(e)); minimum surface area of single berth seafarers’ sleeping rooms (paragraph 9(f)); minimum surface area of seafarers’ sleeping rooms on passenger ships and special purpose ships (paragraph 9(i)); minimum surface area of seafarers’ sleeping rooms on ships other than passenger ships and special purpose ships (paragraph 9(k)); minimum surface area of sleeping rooms for seafarers performing the duties of ships’ officers on passenger ships and special purpose ships (paragraph 9(l)); availability of an adjoining room to their sleeping room (paragraph 9(m)); availability a clothes locker of a minimum of 475 litres (paragraph 9(n)); location of mess rooms (paragraph 10(a));separate sanitary facilities (paragraph 11(a));and on-board hospital (paragraph 12).

Regulation 3.1 and Standard A3.1, paragraph 6(h). Accommodation and recreational facilities. Health and safety protection and accident prevention. The Committee notes that Tunisia has not ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92) or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which have been revised by the MLC, 2006. The Committee also notes that, with regard to the application of Standard A3.1, paragraph 6(h) (preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors), the Government mentions that the SOLAS Convention gives effect to this provision of the Convention. The Committee once again recalls, however, that Standard A3.1, paragraph 6(h) is of a broader scope in so far as it mentions the prevention of the risk of exposure to hazardous levels of noise and vibration and other ambient factors, as well as chemicals. The Committee requests the Government to provide information on the way in which it ensures that the requirements of Standard A3.1, paragraph 6(h), concerning noise and vibrations, are implemented and to specify the regulations that are adopted to this end.

Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee notes the reference to the SOLAS Convention, which does not give effect to Standard A3.1, paragraph 7 of the Convention. The Committee recalls that this provision stipulates that sleeping rooms and mess rooms shall be adequately ventilated, and that all ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room. It also stipulates that all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation. The Committee therefore requests the Government to indicate the measures taken to give effect to Standard A3.1, paragraph 7.

Regulation 3.1 and Standard A3.1, paragraph 8. Accommodation and recreational facilities. Lighting. The Committee notes the Government’s reference to the SOLAS Convention. It recalls that Standard A3.1, paragraph 8, provides that, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the sleeping rooms and mess rooms are lit by natural light and provided with adequate artificial light.

Regulation 3.2 and the Code. Food and Catering. The Committee notes the Government’s reference to sections 99 to 105 of the Maritime Labour Code, which prescribe that seafarers on board ships other than those on coastal navigation are entitled to food for the duration of their registration as crew (section 99). Section 100 of the same Code provides that the food provided to seafarers must be nutritious, of sufficient quantity, of good quality and appropriate to the nature of the voyage undertaken. The Committee notes however that this provision does not specify whether the shipowner is bound to provide free drinking water to the seafarers on board, in accordance with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to these provisions of the Convention.

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 sections 91 to 98 of the Maritime Labour Code which do not give full effect to this provision of the Convention. The Committee requests the Government to provide information on the way in which it ensuresthat seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, as required by Standard A4.1, paragraph 1(b).

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. Services provided free of charge. The Committee notes the Government’s reference to section 94 of the Maritime Labour Code according to which the seafarer is left ashore when the ship’s doctor or any other doctor designated by the maritime authority recognizes the need. The seafarer shall be hospitalized if his or her condition so requires. If the seafarer is landed in a foreign port, the maritime authority may require the deposit by the master, in a fund assigned to him or her, subject to subsequent regularization of the sum presumed necessary for the treatment of the seafarer and his or her repatriation. The Committee recalls that pursuant to Standard A4.1, paragraph 1(c) seafarers have the right to visit a qualified medical doctor or dentist in ports of call, where practicable and that medical care is provided free of charge to seafarers landed in a foreign port (Standard A4.1, paragraph 1(d)). The Committee requests the Government to indicate how effect is given to these provisions of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication that the medical chest, medical equipment and medical guide, the nature, quantity, validity and conservation of medicines are kept under the responsibility of the designated officer and inspected during each inspection. Recalling that, pursuant to Standard A4.1, paragraph 4(a), the requirements concerning the medicine chest, medical equipment and medical guide must be provided for in national legislation, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes the Government’s indication that ships flying the Tunisian flag and making international voyages must have the possibility of carrying out medical consultations by radio or satellite (GMDSM). A list of these service providers on the routes of the voyages is kept on board. It specifies that this is a requirement under the SOLAS Convention. The Committee requests the Government to provide information on the measures adopted to give full effect to Standard A4.1, paragraph 4(d).

Regulation 4.2 and Standard A4.2.1, paragraph 1(b). Shipowners’ liability. Death or long-term disability. The Committee notes section 93 of the Maritime Labour Code, which provides that the shipowner must cover the cost of medical treatment and provision of medicines and other therapeutic means of sufficient quality and quantity when the seafarer is ill or injured. However, the Government does not provide information on the shipowner’s obligation to provide financial coverage to assure compensation in the event of death of long-term disability due to an occupational injury, illness or hazard as set out in national law, the seafarers’ employment agreement or collective agreement. The Committee requests the Government to indicate how effect is given to Standard A4.2.1, paragraph 1(b).

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee notes section 92 of the Maritime Labour Code, which provides that the shipowner must assist any seafarer who falls ill or is injured during the period of the employment agreement. The assistance includes medical treatment and the provision of medicines and other therapeutic means of sufficient quality and quantity, as well as food, accommodation and transportation necessary for the care. This obligation ends either when the seafarer recovers or the permanent nature of his or her illness or injury is established, or when he or she is taken into care by a social security body. The Committee also notes that section 95 provides that from the time the seafarer is landed, compensation equal to his or her full wages is paid for the first two months and 50 per cent of the wage is paid for the following two months. The Committee recalls that national legislation may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.The Committee requests the Government to indicate the laws and regulations adopted or envisaged to give full effect to Standard A4.2.1, paragraphs 2 and 4.

Regulation 4.2 and Standard A4.2.1, paragraph 1(b) and 8, and Standard A4.2.2, paragraph 2. Shipowners’ liability. Death or long-term disability. Financial security. Form and consultation. The Committee notes the Government’s reference to section 91 of the Maritime Labour Code and to Act No. 94-28 of 21 February 1994 on the compensation scheme for damages resulting from occupational injuries and accidents, as amended by Act No. 95-103 of 27 November 1995. It notes that this Act appears to be general in scope and not specific to the shipowner’s liability to take out financial coverage for the financial consequences of illness, injury or death occurring in relation with their job. The Committee also notes the Government’s indication that in the framework of the implementation of the Convention, the maritime authority requires shipowners operating vessels flying the Tunisian flag to provide a financial security that meets the minimum requirements set out. The Government specifies that currently, each shipowner provides this financial security and a copy is brought to the attention of the seafarers and posted on board. Lastly, it indicates that the national regulations will be updated to introduce this new requirement. The Committee requests the Government to provide information on the new legislation giving effect to Standard A4.2.1, paragraph 8 and to communicate a copy of it as soon as it has been adopted. It also requests it to specify whether the form of the financial security scheme has been determined further to consultation with the seafarers concerned, as prescribed in Standard A4.2.2, paragraph 2.

Regulation 4.2, Standard A4.2.1, paragraphs 9, 10 and 12. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that the financial security contains the requirements set out by Standard A4.2.1, paragraphs 9, 10 and 12. The Committee therefore requests the Government to indicate the national provisions applicable. It also requests the Government to provide a copy of a model certificate or any other documentary evidence of the financial security containing the information required in Annex A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s reference to sections 141 to 150 of the Maritime Labour Code. The Committee notes that these sections do not address the issue regarding the protection of underage seafarers. The Committee therefore requests the Government to provide detailed information on: (i) any national regulations and other measures adopted and theirregular review in consultation with the representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1 to 3; (ii) the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health aimed at protecting the seafarers who live, work and are trained on board ships flying its flag, and to provide a copy of these guidelines once they are available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement to establish a ship’s safety committee – comprising a seafarers’ representative – on all ships on which there are five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigations and statistics on occupational accidents, injuries and diseases, in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there are no welfare facilities in the Tunisian maritime trade ports. The study undertaken by the Department for the Merchant Navy and Docks concerning the development of a dock steering plan up to 2040 will take account of the requirements of the Convention. The Committee requests the Government to indicate the measures envisaged to promote the development of welfare facilities in suitable docks in Tunisia, as well as the establishment of welfare boards, as set out by Standard A4.4, paragraphs 2 and 3 of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification of the Convention, Tunisia declared that the protection provided by StandardA4.5, paragraphs 1, 2 and 10 covered the following branches: medical care, sickness benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit and invalidity and survivors’ benefit. The Committee notes, however, that except for the general reference to its national health system, the Government does not communicate information on the relevant national legislation. The Committee therefore requests the Government to provide clarification regarding the national policies and legislation applicable to the compensation provided to seafarers ordinarily resident in its territory, in the above-mentioned branches. In addition, the Committee notes the Government’s indication that Tunisia has signed bilateral agreements on social security with 23 countries by adopting measures to provide social benefits to seafarers who do not reside in the national territory but who work on ships flying its flag and who do not have sufficient social coverage. The Committee requests the Government to indicate whether there are seafarers who do not reside in the national territory but who work on ships flying its flag who are not covered by the existing bilateral agreements (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee notes the Government’s indication that the maritime authority has initiated the establishment of a system for inspection and certification of maritime labour conditions, in accordance with the provisions of the Convention. This will involve the qualification and training of specialized inspectors, as well as the management of their occupations. The Government specifies that the applicable national provisions are being drawn up by the departments concerned. The Committee requests the Government to provide information on the progress achieved in the implementation of an effective system for the inspection and certification as required by the Convention.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s indication that national regulations will be put in place to introduce the new requirements of the Convention. While noting this information, the Committee requests the Government to indicate the provisions giving effect to: Regulation 5.1.3 and Standard A5.1.3 concerning cases where a maritime labour certificate is required, the maximum period of issuance (Standard A5.1.3, paragraph (1), the scope of the previous inspection, the requirements relating to an intermediate inspection (Standard A5.1.3, paragraph 2), the provisions concerning the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); the cases in which a maritime labour certificate may be issued on an interim basis and its maximum period of issuance, the scope of the previous inspection (Standard A5.1.3, paragraphs 5 to 8); the circumstances in which a maritime labour certificate is no longer valid (Standard A5.1.3, paragraphs 14 and 15) and in which it must be withdrawn (Standard A5.1.3, paragraphs 16 and 17); and the requirements relating to the posting on board the ship of the maritime labour certificate and declaration of maritime labour compliance (DCTM) and their availability for consultation (Standard 5.1.3, paragraph 6 and Standard A5.1.3, paragraphs 12 and 13).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s reference to sections 34, 36 and 37 of the Code of the Administrative Police of Maritime Navigation. The Committee notes the sections concerning “departure inspections”, namely an inspection of Tunisian vessels to monitor the safety of the navigation and not an inspection in conformity with the requirements of the Convention. The Committee recalls that, in accordance with Standard A5.1.4 and the Code, each Member shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions as set out in the DCTM, where applicable, are being followed, and that the requirements of this Convention are met. The inspections shall cover all vessels covered by the Convention and shall take place at least once every three years. The Committee requests the Government to indicate the measures taken to give effect to the requirements of Regulation 5.1.4 and Standard A5.1.4, specifying in particular how it ensures that the inspectors have the training, competence, terms of reference, powers, status and independence necessary so as to enable them to carry out their functions (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17), and to indicate the procedures followed to receive and treat complaints with full confidentiality of the source of the complaint (Standard A5.1.4, paragraphs 5 and 10).

Regulation 5.1.4 and Standard A5.1.4, paragraph 7(c). Flag State responsibilities. Powers of inspectors. The Committee notes the Government’s reference to section 36 of the Code of the Maritime Navigation Administrative Police according to which the maritime authority may prohibit or suspend until the fulfilment of its requirements, the departure of any vessel which, owing to its state of disrepair, its lack of stability, the condition of its cargo or for any other reason provided for in the above Code or the regulations in force, would appear to it to be unseaworthy without risk to the crew or other persons on board. The Committee notes that the grounds for prohibiting the departure of a vessel under section 36 above do not cover those provided for by the Convention. Recalling the content of Standard A5.1.4, paragraph 7(c), the Committee requests the Government to provide detailed information on the measures taken or envisaged to apply this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Compensation in case of wrongful exercise of the inspectors’ powers. With regard to compensation for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers, as provided for under Standard A5.1.4, paragraph 16, the Committee notes the Government’s reference to the provisions of the Code of Obligations and Agreements, which are of a general scope. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Regulation 5.1.5 and Standard A5.1.5, paragraph 3. Flag State responsibilities. On-board complaint procedures. Victimization. The Committee notes the Government’s indication that the prohibition of victimization of seafarers having filed a complaint on board will be taken into account during the process to bring the national regulations into conformity with the Convention. The Committee requests the Government to adopt the necessary measures to prohibit or punish any form of victimization of a seafarer for having lodged a complaint (Regulation 5.1.5, paragraph 3).

Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. The Committee notes section 23 of the Maritime Disciplinary and Criminal Code, promulgated by Act No. 77-28 of 30 March 1977, according to which the maritime authority must carry out, further to each maritime incident or accident, an investigation to identify the causes and consequences and to make the necessary recommendations. This investigation is conducted in accordance with the procedures set out in the IMO Casualty Investigation Code. The Committee also notes that, in accordance with Decree No. 2014-410 of 16 January 2014, the Ministry of Transport has established an investigations and accidents unit that may be referred to by the Minister of Transport to conduct investigations into accidents on board ships. The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry must be held into any serious marine casualty and the final report of that inquiry shall normally be made public. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. The Committee notes that Tunisia has acceded to the Memorandum of Understanding of Mediterranean countries on port state control in the Mediterranean. It also notes the Government’s indication that the maritime authority inspectors refer to the guidelines drawn up by the ILO for the control of foreign ships calling in Tunisian ports. The Committee notes that the Government has not provided detailed information on how effect is given to the requirements of Regulation 5.2.1 and Standard A5.2.1, in particular on the instructions given to authorized officers as to the nature of the circumstances that justify the detention of a ship (Standard A5.2.1, paragraph 6). While noting that the maritime authority is developing procedures for the performance evaluation of its ship inspection system, within the framework of the implementation of the Convention, the Committee requests the Government to provide the above-mentioned information.

[The Government is asked to reply in full to the present comments in 2025.]