Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention du travail maritime, 2006 (MLC, 2006) - Honduras (Ratification: 2016)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the Honduran National Business Council (COHEP) and the International Organisation of Employers (IOE), received on 1 September 2018, and the comments of the Government in reply to those observations. The Committee also notes the observations of the Seafarers’ Union of Honduras (SIPROMARH) and the Specialized Seafarers’ Union of Honduras (SIMAEH) communicated with the Government’s report. The Committee notes that the amendments to the Code, approved by the International Labour Conference in 2014, entered into force for Honduras on 18 January 2017. It further notes that the Government’s report was received after the entry into force of those amendments. 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.

Article II, paragraphs 1(f) and 2. Scope of application. Seafarers. The Committee notes that section 264 of the Labour Code (decree No. 189 of 1959) sets out that “the provisions of this Code govern relations between employers and workers on vessels engaged in coastal trade and seafarers of ships used exclusively in international traffic. A seafarer is considered any person who provides a services in any capacity on board a ship, except for: (1) master; (2) pilot; (3) officers; (4) doctor; (5) hospital and clinic staff; (6) persons working solely by a share of profits or earnings; (7) persons whose work is only related to loading and who are not actually at the service of the shipowner or the master; and (8) port workers who travel between ports. The relations between employers and workers, on ships used for international or domestic traffic, not regulated by this Code, are governed by the provisions of the Organic Act on the Merchant Navy and the Commercial Code”. The Committee also notes that section 220 of the Labour Code sets out that: “A ship’s crew shall consist of: the master, deck officers and engineers, pursers and accountants, sailors and any person who provides a service in any capacity on board a ship, except (a) persons working chiefly on their own account; (b) persons whose work is only related to loading and who are not actually at the service of the shipowner or the master; (c) port workers who travel between ports; and (d) apprentices under contract and pupils receiving grants”. The Committee notes that, in accordance with the above mentioned provisions, the concepts of crew and seafarers are not consistent and there are categories of persons who, while they are considered part of the crew, are not considered seafarers, for example, masters.

The Committee recalls that, in conformity with Article II, paragraphs 1(f) and 2, of the Convention, the term seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. It also recalls that – except as expressly provided otherwise – the Convention applies to all seafarers, including seafarers who perform tasks on board without being part of the crew. Under Article II, paragraph 3, each Member shall determine, in consultation with the shipowners’ and seafarers’ organizations concerned, the exclusion from the scope of application of the Convention categories of persons in respect of whom there is doubt concerning their status as seafarers. The Resolution adopted at the 94th Session of the International Labour Conference (Resolution VII) concerning information on occupational groups provides information on the possible doubts and on criteria to guide the competent authority.

The Committee notes that section 264 of the Labour Code excludes from the definition of seafarer persons, such as the master, officers, doctor, hospital and clinic staff, whose status as a seafarer does not raise doubts for the purposes of the Convention. It also notes that it is not clear from the above provisions whether apprentices, who are not part of the crew, are regarded as seafarers. The Committee highlights in this respect that it considers that the on-board seafarer training implies, by definition, the fact of working on-board and that, therefore, the status as seafarers of apprentices or cadets does not raise doubts for the purposes of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that the measures in application of the Convention are implemented in respect of all seafarers covered by the Convention and to provide information on progress made in this respect.

Article II, paragraph 1(a) and VII. Competent authority and consultations. The Committee notes that the COHEP and the IOE indicate that, under the Organic Act on the Merchant Navy, the General Directorate of the Merchant Navy is responsible for ensuring compliance with the Constitution and international agreements. The organizations indicate, however, that the Ministry of Labour and Social Security signed a framework contract on the minimum terms and conditions for the Honduran seafarers’ work, which was not agreed to by the social actors in the sector or the Merchant Navy. The organizations refer to certain observations transmitted to the Ministry of Labour and Social Security prior to the signing of the agreement. The Committee notes the Government’s indication, in reply to those observations, that both the General Directorate of the Merchant Navy and Ministry of Labour and Social Security are competent to ensure compliance with the Convention. The competence of the Secretariat of State is based on the Labour Code and in the Regulations on organization, operations and competences of the Executive Power. The Government specifies that the Secretariat of State has not signed any agreement and that the document cited by COHEP and the OIE is a draft. With respect to the alleged lack of consensus relating to that document, the Government indicates that the processes and dates on which the draft was communicated to the sectors for consultation are recorded; it also indicates that the observations of COHEP were not sent in time and that the worker sector did not send comments. The Government adds that all relevant contributions will be considered in the revision and finalization stages of the agreement. Recalling the importance of consultations with the representative organizations of ship owners and seafarers within the framework of the MLC, 2006, the Committee encourages the Government to continue holding consultations with a view to giving full effect to the Convention.

Article V. Implementation and enforcement responsibilities. Responsibility of the flag State. The Committee notes the Government’s indication that all national seafarers work on board foreign flag ships. It also notes that the Government provides conflicting information on the number of national ships covered by the Convention. The Committee recalls that, under Article V, paragraphs 1 and 2 of the Convention, each Member shall implement and enforce laws or regulations or other measures that it has adopted to fulfil its commitments under this Convention with respect to ships and seafarers under its jurisdiction and shall effectively exercise its jurisdiction and control over ships that fly its flag. The Committee also recalls that the Convention sets out two important exceptions to the rule of the flag state that provide for the responsibility of the Member in relation to labour supply: the obligation to exercise its jurisdiction and control over seafarer recruitment and placement services established in its territory; and the obligation to adopt the necessary measures to ensure that all seafarers ordinarily resident in its territory receive protection in at least three branches of social security. The Committee requests the Government to provide clear and updated data on the number of ships that fly its flag.

Sanctions. The Committee notes that, according to the information provided by the Government, the existing national provisions to prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures adequate to discourage such violations, are included in sections 116 et seq. of the Organic Act on the Merchant Navy. The Committee notes, however, that this Act does not include specific provisions in application of the MLC, 2006, except for certain provisions on the inspection of ships. The Committee also notes that, while sections 220 et seq. of the Labour Code regulate sea work on waterways, the only sanction relating to maritime work is in section 241 regulating the infringement of non-compliance with the percentage of Honduran seafarers who must be on board ships flying the Honduran flag. The Committee requests the Government to provide details on the applicable legislative provisions prohibiting violations of the requirements of the Convention and establishing sanctions to discourage such violations, in conformity with Article V(6).

Regulation 1.1. Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 239 of the Labour Code prohibits work for any person under the age of 16, who shall not provide services on board any ship, except for apprentices of accredited school ships, supervised by the Ministry of Education. The Committee recalls that apprentices are considered seafarers for the purpose of the Convention (see Article II). The Committee also recalls that, in accordance with Standard A1.1, the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited, and that there are no exceptions permitted under the Convention in this respect. The Committee requests the Government to take the necessary measures to ensure, without exception whatsoever, that employment of any person under the age of 16 is prohibited on board ships flying its flag.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that Honduran legislation prohibits workers between the ages of 14 and 18 from performing night work or overtime. The Government also indicates that there may be exceptions to seafarers’ night work in cases of watchkeepers and/or emergencies on board. The Committee notes, however, that in accordance with section 129 of the Labour Code “night work and overtime is prohibited for minors under 16 years of age”. The Committee recalls that under Standard A1.1, paragraph 2, night work of seafarers under the age of 18 is prohibited. It also recalls that exceptions to the restriction on night work may only be made in the cases provided for under paragraph 3 of that Standard. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with these requirements of the Convention, specifying the definition of the term “night” for the purposes of Standard A1.1, paragraph 2.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s information that hazardous work is prohibited for minors under 18 years of age in accordance with Agreement No. STSS-441-16, which provides for the reform of the regulation on child labour. The Committee notes that this regulation includes a list of hazardous work prohibited to minors under 18 years of age. However, it notes that this list does not take into account the particularities of work on ships. The Committee recalls that Standard A1.1, paragraph 4 sets out the prohibition of employment or engagement of seafarers under the age of 18 in work likely to jeopardize their health or safety. This work shall be determined by national laws or by the competent authority, after consultation with the with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to adopt a list of types of hazardous work in conformity with these requirements of the Convention.

Regulation 1.2 and Standard 1.2, paragraph 1. Medical certificate. The Committee notes the Government’s reference to Agreement No. 016-2012, of 19 April of the General Directorate of the Merchant Navy which, in application of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) sets out that all seafarers who opt for certification or endorsement shall be subject to a medical examination which certifies their physical aptitude for the proper performance of their duties at sea; and the requirement to present that medical certificate in order to obtain such a certification. Referring to its comments on Article II, the Committee requests the Government to clarify whether the above Agreement is applied to all seafarers covered by the Convention, including seafarers who do not form part of the ship’s crew and whose work is not directly related to navigation.

Regulation 1.3, paragraph 2. Personal safety training on board. The Committee notes the Government’s indication that under customary law all seafarers must successfully complete personal safety training on board. The Committee also notes that Agreement No. 005-2016, of 17 March (Regulation on the minimum maritime safety requirements for seafarers on board ships sailing in Honduras waters) refers to a basic maritime safety course. The Committee notes that the above Agreement covers only national seafarers who carry out activities in international waters and does not apply to all seafarers covered by the Convention. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 1.3, paragraph 2 with respect to all seafarers covered by the Convention.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee notes the Government’s indication that all national seafarers work for foreign flag ships and that Regulation A1.4 is applied by means of Agreement No. 11-2017 of the General Directorate of the Merchant Navy which includes the Regulations on recruitment and placement of seafarers (Agreement No. 11-2017). The Committee notes that these Regulations reproduce a large part of Standard A1.4. The Agreement refers to legislative decree No. 932 of 7 May 1980 – the Act on seafarers’ recruitment – under which only sea and waterway trade union organizations, and other non-profit making institutions, duly recognized and authorized by the State, may be used as intermediaries in the management of seafarers’ recruitment, subject to the provisions of this Act, the Labour Code and other applicable Acts, regulations and international agreements. The Committee notes that, in accordance with section 12 of the Act on seafarers’ recruitment, the placement offices of the General Directorate of Employment, under the Ministry of Labour and Social Security, will continue their recruitment activities, under the corresponding legal and regulatory provisions. The Agreement also refers to “Plan 20/20” and the need to regulate the recruitment and placement services of seafarers, given that many seafarers seek employment in ships that fly flags other than those of their own countries. The Agreement further provides for the parallel and complementary competence of the Maritime Authority and the Secretary of State in the supervision of public and private recruitment and placement services.

The Committee notes the Government’s indication that there are nine seafarers’ unions that act as private recruitment and placement services. It also notes the Government’s indication that currently the State of Honduras does not provide public recruitment and placement services for seafarers. The Committee recalls that, while Standard 1.4, paragraph 3, of the Convention permits seafarers’ and shipowners’ organizations in the territory of the Member to supply private recruitment and placement services subject to paragraph 2 of the same Standard, those organizations, may only provide the service of supplying “seafarers who are nationals of that Member to ships which fly its flag”. Therefore, under the Convention, those organizations are not authorized to place national seafarers on board ships flying a foreign flag. The Committee requests the Government to adopt measures to bring its legislation into conformity with the requirements under Standard A1.4 and of the Code.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. Compensation insurance. The Committee notes the Government’s indication that the protection system established for the compensation of seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service to meet its obligations with them is the subject of discussion with the social partners. The Committee notes that section 8 of Agreement No. 11-2017 regulates this eventuality and provides that insurance must, as a minimum, cover the event of death, sickness, accidents and repatriation. The Committee recalls that the scope of the requirement relating to the system of compensation through insurance envisaged under Standard A1.4, paragraph 5(c)(vi) is not limited to the requirements within the framework of the financial security system which should be stipulated in accordance with the 2014 amendments (Standards A2.5.2, A4.2.1 and A4.2.2), but rather is broader and covers all monetary loss seafarers 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. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice periods for the early termination of a seafarers’ employment agreement. The Committee notes the Government’s indication, without referring to the applicable legislation, that, in accordance with the seafarers’ employment agreements (AEGM), the minimum notice period for early termination is 15 days. The Government adds that the period may change according to each collective agreement signed by workers with each enterprise. Notwithstanding, the Committee notes that the reading of sections 116, 222, 226 and 250 of the Labour Code reveals the possibility of terminating an employment contract with a notice period shorter than 15 days. The Committee recalls that Standard A2.1, paragraph 5, requires the adoption of laws or regulations which establish minimum notice periods not shorter than seven days. The Committee requests the Government to indicate the legislation which gives effect to Standard A2.1, paragraph 5. It also requests the Government to provide information on the application of Standard A2.1, paragraph 6, specifying the manner in which the need to terminate the employment agreement on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, indicating the applicable legislation or collective agreements.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Seafarers’ right to examine the employment agreement and seek advice before signing. The Committee notes the Government’s indication that in this respect the Act on seafarers’ recruitment applies. The Committee nevertheless notes that this Act does not require that seafarers are given the opportunity to examine the employment agreement and seek advice on it before signing it, in accordance with the provisions of Standard A2.1, paragraph 1(b). The Committee therefore requests the Government to provide information on the legislative measures adopted to give effect to Standard A2.1 paragraph 1(b).

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 in this respect that, upon employment, the seafarer receives a copy of his employment agreement which includes a record of employment on board. The Committee recalls, however, that the record of employment and the employment agreement cover different purposes and forms. The Committee also recalls that, in conformity with Standard A2.1, paragraph 3, the form of the document containing the record of employment, the particulars to be recorded and the manner in which such particulars are to be entered, shall be determined by national law. The Committee requests the Government to indicate the measures adopted to give effect to Standard A2.1, paragraph 1(e) and 3 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes the Government’s reference to Agreement No. 44-2012 of the General Directorate of the Merchant Navy on hours of rest and watchkeeping by seafarers, which incorporates the STCW into national law. The Committee notes that this Agreement only partially gives effect to Regulation 2.3 as, for example, while a minimum is fixed of ten hours of rest in any 24-hour period, there is no requirement for a minimum of 77 hours of rest in any seven-day period, nor is it stipulated that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraphs 5 and 6). The Committee requests the Government to indicate which other measures have been taken or are envisaged to give full effect to the requirements under Regulation 2.3 and the Code.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours for seafarers. In the absence of information in this respect, the Committee requests the Government to provide detailed information on the manner in which Standard A2.3, paragraph 3 of the Convention is applied, including with respect to seafarers under the age of 18.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication that seafarers can request records of hours of work from the human resources office on board each ship. The Committee recalls that Standard A2.3, paragraph 12, requires that all seafarers receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to paid annual leave. Minimum standards and method of calculation. The Committee notes the Government’s indication that the period of paid annual leave is determined by the shipping company in question and ranges from one to two months. The Committee also notes the Government’s indication that there is no specific standard applicable to seafarers in relation to the method of calculation of leave and refers to the provisions of the Labour Code according to which the period of paid leave is calculated based on the length of service. The Committee recalls that, in line 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 requests the Government to indicate the measures taken to give full effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. Circumstances. The Committee notes the Government’s indication that under section 222 of the Labour Code, the circumstances under which seafarers are entitled to repatriation shall be agreed in the employment agreement, specifying the port to which the seafarer shall be returned or, failing that, his place of embarkation. Section 223 provides that it shall always be the obligation of the employer to return the seafarer to the place or port for all types of agreement established in the above section, before concluding the agreement. Section 231 provides for repatriation in the case of non-culpable accidents. The Committee also notes the observations of SIPROMARH according to which all its members are entitled to repatriation, at no cost, in cases of termination of the employment agreement for any reason (dismissal, mutually agreed termination, seafarer’s and/or shipowner’s will), and in the case of leave for sickness or accident and on compassionate grounds for a sick family member. This right is guaranteed through the shipowner’s insurance policies for seafarers, and through insurance with SIPROMARH for these cases. The Committee recalls that Standard A2.5.1, paragraph 2, sets out that each Member shall ensure that there are provisions in its laws and regulations or other measures or in collective bargaining agreements that cover: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements. The Committee requests the Government to provide detailed information with respect to the measures adopted to give effect to Standard A2.5.1, paragraph 2, for all seafarers covered by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment to recover repatriation costs from seafarers. The Committee notes the Government’s indication that, under section 223 of the Labour Code, a prison sentence imposed on a worker for committing a crime on foreign territory, and other analogous situations which result in the absolute impossibility of compliance, do not give rise to the obligation to repatriate the seafarer. The Committee also notes that the SIMAEH indicates that seafarers must assume the costs of their repatriation where they have been incurred in the context of serious default of their employment obligations. The Committee recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements 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 the seafarer’s employment obligations. Recalling the fundamental importance of the right to repatriation, the Committee requests the Government to indicate the measures taken to ensure that all provisions in national law which deprive seafarers of this right are limited to the circumstances permitted in the Convention. The Committee also recalls that, while shipowners may recover the cost of repatriation in the limited circumstances defined in Standard A2.5.1, paragraph 3, this does not exempt shipowners from the obligation to pay for repatriation in the first instance. The Committee requests the Government to provide information on the manner in which it is ensured that shipowners pay for the repatriation in all cases in which seafarers are entitled to this right. It also requests information on the applicable provisions setting out the procedure under which it is determined that the seafarer is guilty of “serious default” of his employment obligations (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that section 8 of Agreement No. 11-2017 sets out that the recruitment and placement services must establish a system of protection by way of insurance or an equivalent appropriate measure, providing compensation for all monetary loss seafarers 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. To this end, the recruitment services must ensure that seafarers are protected by means of minimum coverage insurance, as set out in the MLC, 2006. Insurance must, as a minimum, cover: (a) the event of death, (b) sickness, (c) accidents and (d) repatriation. Such insurance shall be taken out by the recruitment agency with a national or international insurance provider with operations authorized by the National Banking and Insurance Commission of Honduras. In addition this insurance provider shall have an assistance network and/or representation at the international level. While noting this information, the Committee recalls that, in addition to the system of protection required for recruitment and placement agencies within the framework of Standard 1.4, Standard A2.5.2 requires financial security to be provided by the shipowner. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s indication that Agreement No. 032-2012 DGMM on minimum safe manning levels gives effect to Regulation 2.7 of the Convention. While taking this information into account, the Committee requests the Government to specify how effect is given to Regulation 2.7, paragraph 3, which requires that when determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee also requests the Government to provide information on any machinery established by the flag State for the investigation and settlement of complaints or disputes concerning the manning levels on a ship (Guideline B2.7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that there is no national provision to guarantee that all ships have decent food and catering services for seafarers on board. It also notes that section 255 of the Labour Code sets out that the obligation of employers to provide comfortable and sanitary accommodation to seafarers on board. The Committee recalls that Standard A3.1, paragraph 1, requires each Member to adopt laws and regulations requiring that ships that fly its flag: (a) meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard (the minimum standards are laid down in paragraphs 6 to 17 of Standard A3.1); and (b) are inspected to ensure initial and ongoing compliance with those standards (frequent inspections should be carried out by or under the authority of the master, as required under paragraph 18 of Standard A3.1). The Committee requests the Government to indicate the legislative measures adopted to give effect to the requirements detailed in Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the Government’s indication that Conventions ratified by Honduras are incorporated into the national legislation and therefore the requirements in Standard A3.2, paragraphs 1 and 2, are enforced in accordance with the MLC, 2006. While noting the information provided by the Government, the Committee recalls that Regulation 3.2 constitutes a framework of general principles on food and catering and requires the adoption of laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag (Standard A3.2, paragraph 1). The Committee requests the Government to indicate the measures taken to give full effect to the requirements set out in Standard A3.2, paragraphs 1 and 2.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Food and catering. Training. The Committee notes the Government’s indication that ships’ cooks are required to complete a training course accredited by the competent authority and that they are trained by the Occupational Training Institute (INFOP). The Committee requests the Government to provide details on the content of the training course in line with Standard A3.2, paragraph 4, and to specify the manner in which account is taken of Guideline B3.2.2 (requirements for work as a ship’s cook).

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Inspections. The Committee notes the Government’s indication that documented inspections regarding food and catering are conducted each time a ship docks. The Committee recalls that, in accordance with Standard A3.2, paragraph 7, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to: (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and, (c) galley and other equipment for the preparation and service of meals. The Committee requests the Government to indicate the applicable legislative measures and to specify who carries out inspections and the matters which must be subject to inspection.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Minimum age to work as a cook. In the absence of provisions regulating this matter, the Committee requests the Government to indicate the measures taken to ensure that no seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook on board ships that fly the Honduran flag.

Regulation 4.1 and Standard A4.1. Medical care on board and ashore. The Committee notes the Government’s indication that Honduran seafarers work on ships with foreign flags, and its information regarding health protection for these workers. However, the Government, referring to the provisions of the Labour Code and the employment agreements of seafarers also indicates that the shipowner is obliged to provide medical assistance to seafarers who are working; in the event the worker is not insured, the employer is obliged to pay his medical assistance and other fees. The Committee notes that section 231 of the Labour Code sets out that “the worker who suffers from any sickness unrelated to work and not intentionally acquired during the voyage shall have the right to receive assistance at his employer’s expense, both on board and onshore, with full pay. ... Cases covered by the Social Security Act or by the provisions on occupational risks shall be governed in accordance with those provisions.” The Committee recalls that in accordance with Regulation 4.1 and Standard A4.1, paragraph 1, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers (Regulation 4.1 and Standard A4.1, paragraph 1(d)). In accordance with Standard A4.1, paragraph 4, national laws and regulations shall as a minimum provide for the following requirements: all ships shall carry a medicine chest, medical equipment and a medical guide in line with criteria prescribed in law (Standard A4.1, paragraph 4(a)); ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor (Standard A4.1, paragraph 4(b)); ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical care or at least one seafarer on board competent to provide medical first aid (Standard A4.1, paragraph 4(c)); the competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea is available 24 hours a day and that it is free of charge to all ships irrespective of the flag that they fly (Standard A4.1, paragraph 4(d)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4 with respect to seafarers who work on board ships that fly the Honduran flag.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes the Government’s indication that the Convention is regarded as part of national law and that agreements between shipowners and seafarers constitute binding provisions, hence shipowners are obliged to assume the costs in the circumstances mentioned in the Convention. The Government also indicates that the shipowner pays insurance for each seafarer on board but that there is no national provision that determines the period of time for which the shipowner shall pay the medical fees for disease or injury of a seafarer. The Government also indicates that the circumstances covered in the Social Security Act or in the provisions on occupational risks are general and not specific to the maritime sector. The Committee notes in particular that section 439 of the Labour Code provides for several cases in which the employer is exempt from all liability for occupational risks. The Committee requests the Government to specify whether the Labour Code provisions apply to seafarers covered by the Convention, detailing the manner in which this legislation gives effect to the requirements of Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes that section 8 of Agreement 11-2017 sets out that the recruitment and placement services must establish a protection system, by way of insurance or an equivalent appropriate measure, providing compensation for all monetary loss seafarers 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. In this connection, the recruitment services must ensure that the seafarers are protected by means of, among others, minimum coverage insurance in the event of death, sickness or accidents provided for in the Convention. While noting this information, the Committee recalls that, in addition to the system of protection required from the recruitment and placement services in accordance with Regulation 1.4, under Standards A4.2.1 and A4.2.2, require financial security to be provided by the shipowner.

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. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraphs 1 to 4. Health and safety protection and accident prevention. National requirements and guidelines. The Committee notes the Government’s indication that Title V, chapter 1 of the Labour Code concerns occupational safety and health and is applicable to all workers irrespective of the branch and economic activity. The Government states, however, that as no provision therein relates specifically to the maritime sector, this legislation will be adapted to that sector. The Committee recalls that Regulation 4.3, paragraph 3, requires the adoption of legislation and other measures that address matters specified therein and respect the requirements detailed in Standard A4.3, paragraphs 1 to 4. The Committee also recalls that Regulation 4.3, paragraph 2, requires each Member to develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations. The Committee requests the Government to indicate any measures adopted to bring the maritime sector into line with the Labour Code with respect to occupational health and safety, specifying the manner in which effect is given to the requirements of Standard A4.3, paragraphs 1 to 4, and providing information on the adoption of national guidelines for the management of occupational safety and health on board.

Regulation 4.3 and Standard A4.3, paragraphs 5, 6 and 8. Health and safety protection and accident prevention. Reporting of accidents and diseases. The Committee notes the Government’s indication that the seafarers’ unions report occupational accidents, injuries and diseases to the Ministry of Labour and Social Security. The Committee requests the Government to provide further details, in the light of Standard A4.3, paragraphs 5 and 6, on the manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published; and on the manner in which those statistics are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.

Regulation 4.5 and the Code. Social security. The Committee notes that, in conformity with Standard A4.5, paragraphs 2 and 10, the Government specifies the following social security branches: medical care, sickness benefit and maternity benefit. The Committee notes that the branches specified at the time of ratification are not consistent with the three minimum branches that must be included in accordance with Guideline B4.5, paragraph 1 (medical care, sickness benefit and employment injury benefit). The Committee requests the Government to indicate the manner in which due consideration has been given to this provision within the framework of Standard 4.5. It also requests the Government to specify measures adopted or envisaged to progressively extend social security protection to seafarers in other branches (Regulation 4.5, paragraph 2 and Standard A4.5, paragraph 11).

The Committee notes that the applicable social security regulation is the Social Security Act (Decree No. 140 of 19 May 1959) which covers risks relating to sickness, maternity, occupational accident and disease, invalidity, old age, survivors and involuntary redundancy. Employees of private and public enterprises are subject to mandatory social security, namely private and public sector workers in autonomous, semi-autonomous and decentralized institutions, persons over the age of 18 and under the age of retirement. The Committee notes that the Social Security Act provides for some exceptions with respect to certain categories of workers. The Committee requests the Government to indicate the manner in which Regulation 4.5 is enforced for seafarers under the age of 18. The Committee also requests the Government to confirm whether all seafarers covered by the Convention ordinarily resident in Honduras, including non-nationals, are covered by the national social security scheme in a way no less favourable than that enjoyed by shoreworkers.

The Committee notes the Government’s indication that, through the Honduran Social Security Institute, agreements have been signed with enterprises hiring personnel for work at sea, ensuring coverage on an equal footing with all workers covered under the general scheme. The Committee requests the Government to provide detailed information on the above agreements and to provide a copy of them.

Regulations 5.1.1 and 5.1.4, and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that the General Directorate of the Merchant Navy includes qualified staff to carry out inspection and certification activities, which are conducted by the port State, thereby ensuring adequate conditions of work for seafarers. The Government mentions that the applicable legislation in this respect is the Inspection Regulation recognizing and issuing maritime safety certificates to ships registered in Honduras (Agreement No. 000836-B, of 8 November 1995) (Inspection Regulation). The Committee notes that section 258 of the Labour Code provides for inspections of merchant vessels, as they relate to safety conditions, to be carried out exclusively by inspectors in the marine branch, whereas labour inspectors are confined to supervision when ships are in port, in accordance with marine regulations. The Section 92, paragraph 5, of the Organic Act on the Merchant Navy provides that the General Directorate of the Merchant Navy is competent to conduct visits of national and foreign ships, jointly with the competent authorities and to verify compliance with the standards of the International Maritime Organization (IMO) and the ILO, applicable to ships and seafarers. The Committee notes, however, that the Inspection Regulation referred to by the Government regulates exclusively the inspection and certification system in relation to maritime safety and does not appear to be applicable to inspection and certification provided for under the MLC, 2006. The Committee recalls that Standard A5.1.4 sets out requirements regulating: qualifications and training for inspectors of the flag State (Standard A5.1.4, paragraph 3); requirements for the inspectors’ independence (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17); intervals between inspections (Standard A5.1.4, paragraph 4); procedures for receiving and investigating complaints, as well as for ensuring the confidentiality of the source of complaints (Standard A5.1.4, paragraphs 5, 10 and 11(b)); requirements for inspection reports (Standard A5.1.4, paragraph 12); cases in which a ship may be prohibited from leaving port (Standard A5.1.4, paragraph 7(c)); and the obligation to pay compensation for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to indicate measures adopted to establish an effective and coordinated system of inspection of the conditions for seafarers on board ships that fly its flag in conformity with Regulations 5.1.1 and 5.1.4.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 9 of the Inspection Regulation provides that the General Directorate of the Merchant Navy shall authorize, through an agreement, specialized entities of recognized international prestige and honorability to carry out on its behalf inspections of ships flying the Honduran flag and shall also empower them to issue certificates referring to section 4 of this Regulation. The Committee notes the Government’s reference to a Code setting out the procedure for annual review and authorization of the recognized organizations, which is not made available. The Government adds that the recognized organizations are empowered to order inspections and the rectification of irregularities on board ships when requested by a port State under the delegation agreement signed by the Administration. The Committee requests the Government to provide the text containing the provisions which empower the recognized authorities to perform the functions of inspection and certification with respect to the MLC, 2006, as well as information on the requirements for the recognition and authorization of these organizations as they relate to their competence and independence (Standard A5.1.2, paragraph 2). It also requests the Government to communicate the list of recognized organizations that are empowered to inspect and certify compliance with the MLC, 2006 and a copy of a delegation agreement of the recognized organizations.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes that the copy of the Declaration of Maritime Labour Compliance (DMLC), Part I, communicated by the Government is only an example, which is not in conformity with the model provided for in the MLC, 2006. It also notes that DMLC, Part I, refers to legislation that has not yet been adopted. The Committee recalls that, in line with Standard A5.1.3, paragraph 10, Part I of DMLC shall be drawn up by the competent authority which shall: (i) identify the list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3. The Committee requests the Government to provide a copy of the final version of the DMLC, Part I, which has been issued by the competent authority in conformity with the Convention. The Committee also notes that the DMLC, Part II, provided by the Government is blank and not completed by a shipowner nor approved by the competent authority, as provided by Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to communicate one or more examples of an approved DMLC, Part II, giving effect to paragraph 10(b) of Standard A5.1.3. It also requests the Government to provide a copy of a maritime labour certificate and a provisional maritime labour certificate issued in conformity with Standard A5.1.3.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s reference to the Viña del Mar Latin American Agreement, a memorandum of understanding concerning the port State, the application of which is not relevant with respect to this requirement of the Convention. The Committee recalls that Regulation 5.1.5 sets out that each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention. The Committee requests the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements in Regulation 5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s reference to the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), published on the IMO website, which does not appear to be binding. The Committee recalls that Regulation 5.1.6 sets forth the obligation of each Member to hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that the Government has not provided information on this Regulation. The Committee therefore requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2.

[The Government is asked to reply in full to the present comments in 2021.]