Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Nicaragua (Ratification: 2013)

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 Nicaragua previously ratified six maritime labour Conventions which have been denounced following the entry into force of the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Nicaragua on 18 January 2017 and 8 January 2019, respectively. Following a first review of the information available, the Committee draws the Government’s attention to the following main issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I of the Convention. General questions. Implementing measures. The Committee notes the Government’s indication that no ship is currently flying its national flag. The Committee notes in general terms that the Government has not yet adopted a legislative framework regulating the matters addressed in the Convention. The Committee recalls that as established in Regulation 5.3, paragraph 1 on labour-supplying responsibilities, without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention. The Committee therefore requests the Government to take the necessary measures to give effect to the provisions of the Convention. The Committee also requests the Government to provide information on any developments in the composition of the national fleet that have an impact on the application of the Convention.

Article II. Definitions and scope of application. The Committee notes the Government’s indication that section 4(6) of Executive Decree No. 03-2009, Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978/1995, defines “seafarer” as any person educated and/or trained to perform a function or duty on board a ship who holds a certificate issued by a training centre duly accredited by a competent authority and duly recognized, registered and documented by the Maritime Authority. The Committee also notes that section 161 of the Labour Code defines “seafarers” as all persons who, by virtue of an employment contract or relationship, perform any function on board a fishing, cargo, passenger, tourism, exploration or research vessel in marine waters, with the exception of the ship’s master and officers. The Committee recalls that under Article II, paragraph 1(f) of the Convention, the terms “seafarer” or “mariner” mean any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. Noting that the Labour Code excludes the ship’s master and officers from the definition of seafarer, the Committee requests the Government to indicate the measures adopted or envisaged to amend its legislation in order to bring it into conformity with the Convention.

Articles VII and XIII. Consultations. Special Tripartite Committee. The Committee notes the Government’s indication that there are no shipowners’ or seafarers’ organizations in Nicaragua. The Committee recalls that, under Article VII of the Convention, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultations with such organizations may only be decided by that Member after consultation with the Special Tripartite Committee, in accordance with the provisions of Article VIII of the Convention. The Committee requests the Government to make use, in the future, of the mechanism provided for under Article VII of the Convention, in the context of the adoption of the necessary legislative framework to give effect to the provisions of the Convention.

Standard A1.2, paragraph 5. Medical examinations. Right of appeal. The Committee notes that the Government refers, with regard to medical examinations, to section 4 of the Inter-ministerial Decision on Minimum Measures for the Protection of Maritime Labour, section 18 of the Ministerial Decision on Industrial Hygiene in the Workplace and sections 66 and 67 of the Technical Standard relating to Health and Safety Applicable to Work at Sea in Nicaragua. The Committee notes that the legislation concerned does not refer to the right to appeal a medical examination. Recalling that, in accordance with the Convention, seafarers who have been refused a certificate or who have had a limitation imposed on their ability to work, in particular with respect to time, field of work or trading area, shall be given the opportunity to have a further medical examination by another independent medical practitioner or by an independent medical referee, the Committee requests the Government to indicate how it ensures compliance with Standard A1.2, paragraph 5.

Standard A1.2, paragraph 7. Validity of the medical certificate. The Committee notes that section 161 of the Labour Code provides, inter alia, that the seafarers’ medical certificate shall be valid for a maximum period of two years from the date of issuance. The Committee notes, however, that the Labour Code does not contain provisions with respect to seafarers under the age of 18, in which case the maximum period of validity should be a year. The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Standard A1.2, paragraph 10. Medical certificate in English. The Committee notes the Government’s indication that the Ministry of Health issues medical certificates in Spanish only, in conformity with the Political Constitution of Nicaragua. In this respect, the Committee recalls that medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English. The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Regulation 1.4. Recruitment and placement. The Committee notes the Government’s indication that in Nicaragua there is no private or public recruitment and placement service provision for seafarers. The Committee also notes the Government’s indication that there are 1,571 seafarers – 113 women and 1,458 men – who are nationals or residents or who are domiciled in another manner in the country. The Committee requests the Government to indicate the manner in which seafarers are recruited in the country.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. Given the absence of information in this respect, the Committee recalls that, pursuant to the Convention, each Member shall : (1) have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory (Regulation 2.8, paragraph 1); (2) have national policies that encourage career and skill development and employment opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce (Standard A2.8, paragraph 1); and (3) after consulting the shipowners’ and seafarers’ organizations concerned, establish clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training (Standard A2.8, paragraph 3). The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in conformity with Standard A4.5, paragraphs 2 and 10, the Government specifies the following branches of social security: medical care, sickness benefit, old-age benefit and employment injury benefit. The Committee notes the Government’s reference to Decree No. 974, the Organic Act on Social Security, and Decree No. 975, the Regulations on the Organic Act on Social Security. These standards establish the corresponding legislation on social security not only for maritime labour but for all occupations in general, with regard to: invalidity, old age, survivors, occupational hazards (occupational accident and illness), family benefits, social services, sickness benefits and maternity. The Government also indicates that the voluntary social security scheme applies to the dependants of seafarers. The Committee requests the Government to confirm that the protection mentioned applies to seafarers working on ships flying the flag of other countries no less favourably than for shoreworkers, in conformity with Standard A4.5.

Regulation 5.2 and the Code. Port State responsibilities. Given the absence of information in this respect, the Committee requests the Government to provide detailed information on the manner in which effect is given to Regulation 5.2 and the Code.