Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Nicaragua on 26 December 2020.

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 have 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 Nicaragua 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 I of the Convention. General questions. Implementing measures. The Committee notes that, in response to its previous comments, the Government reiterates that no commercial ships to which the Convention is applicable fly its flag. The Committee recalls that, according to the information provided by the Government, a seafarers’ employment agency is operating in the country and there are 1571 seafarers who are nationals of Nicaragua or resident in the country. The Committee reiterates that Member States are responsible for ensuring the application of the provisions of the Convention concerning the recruitment and placement of seafarers and the social protection of seafarers who are its nationals or are resident or otherwise domiciled in its territory (Regulation 5.3, paragraph 1).The Committee requests the Government to take the necessary measures to give effect to Regulation 5.3, paragraph 1, taking into account its comments relating to Regulation 4.5.

Article II, paragraphs 1(f) and 2, of the Convention. Definitions and scope of application. Seafarers. The Committee notes that, in response to its previous comments concerning the exclusion of certain categories of persons from the definition of seafarer, the Government indicates, with reference to fishing, that the master or officer exercises the function of representative of the employer in accordance with section 162 of the Labour Code. While noting this information, the Committee recalls that the master must be considered a seafarer and enjoy the protection envisaged in all the provisions giving effect to the Convention, without any exceptions. The Committee once again requests the Government to take the necessary measures to bring the legislation into conformity with the Convention so that the master and officers are considered to be seafarers.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that, in reply to its previous comments on the application of Standard A1.2, paragraphs 5, 7(a) and 10, the Government indicates that it is in the process of revising the legal provisions on occupational medical examinations and that the Committee’s comments will be considered in this context. The Government adds that, in specific cases, and at the request of the party, the medical certificate in Spanish and/or English may be extended, for which purpose an official format for a medical certificate could be created for work at sea. In this regard, the Committee recalls that, in accordance with Standard A1.2, paragraph 10, the medical certificates for seafarers working on ships ordinarily engaged in international voyages must as a minimum be provided in English. With reference to its previous comments, the Committee requests the Government to indicate the measures adopted to comply with Standard A1.2, paragraphs 5, 7(a) and 10.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that, in response to its previous comments, the Government indicates that the measures for the implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), there are two registered seafarers’ training centres which are supervised by the Ministry of Transport and Infrastructure. There is also a programme of employment intermediation and vocational skills designed for jobseekers in all sectors in the country, including maritime workers. The Committee requests the Government to provide detailed information on the measures adopted in relation to the national policies to promote employment in the maritime sector and to improve employment opportunities for seafarers domiciled in its territory.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in response to its previous comments, the Government refers to Decree No. 975 issuing regulations under the Basic Social Security Act, and to the operation of optional insurance schemes. The Committee notes that section 5 of Decree No. 975 issuing the Basic Social Security Act specifies those who are covered by compulsory insurance. The Committee requests the Government to clarify whether social security protection in the specified branches covers all seafarers ordinarily resident in Nicaragua, including those working on ships flying foreign flags, and is no less favourable than that enjoyed by shoreworkers resident in its territory (Standard A4.5, paragraph 3) and to indicate the respective legislative provisions.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that, in response to its previous comments, the Government indicates that port State inspections are carried out in accordance with the powers granted by Act No. 399 of 2001, the Water Transport Act and its regulations, and the provisions of International Maritime Organization conventions. The General Directorate of Water Transport (DGTA) has inspectors qualified to discharge these duties. The Committee requests the Government to provide a copy of the national guidance distributed to inspectors in accordance with Standard A5.2.1, paragraph 7, and to provide statistics on:(i) the number of foreign ships inspected in ports in accordance with the MLC, 2006; (ii) the number of more detailed inspections carried out in accordance with Standard A5.2.1, paragraph 1; (iii) the number of cases in which significant deficiencies have been detected; and (iv) the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006 (including seafarers’ rights).The Committee also requests the Government to indicate the measures adopted to establish onshore seafarer complaint-handling procedures, in accordance with Regulation 5.2.2 and the Code.

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