Placing of Seamen Convention, 1920 (No. 9) - Uruguay (RATIFICATION: 1933)

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The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite Group on International Standards. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best dealt with in a single set of comments, which is set out below.

Placing of Seamen Convention, 1920 (No. 9)

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee requested information on the law and practice pertaining to the operation of employment agencies for seafarers. It notes that the Government reports in this connection that the Register of Merchant Marine Personnel is responsible for placing seafarers free of charge, in accordance with Decree No. 463/968 of 23 July 1968.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 14(2) of the Convention. Certificate as to the quality of the seafarer’s work. The Committee requested the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under the agreement. The Committee notes that the Government refers to Maritime Provision No. 16 of 25 October 1982 on seamen’s articles of agreement, which recalls that under Uruguayan law ratified international treaties are transposed into national provisions that are fully applied and take precedence over any provisions of domestic law that may afford lesser benefits or guarantees. The Committee concludes that Article 14(2) of the Convention, establishing that “the seaman shall at all times have the right … to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement”, is part of Uruguayan law and that there is therefore no need to adopt other domestic provisions in order for it to apply.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2–4 of the Convention. Issuance of a seafarer’s identity document. In earlier comments, the Committee noted Maritime Provision No. 38 of 14 March 1988, which regulates the issuance of seafarers’ identity documents in accordance with the requirements of the Convention. While observing that the Government indicates that the Maritime Authority does not grant identity documents to seafarers, the Committee requests the Government to indicate the measures which it envisages to adopt in order to ensure that identity documents are issued in conformity with the requirements of Maritime Provision No. 38.

Article 5(2). Readmission to a territory. The Committee requested the Government to specify the provisions ensuring that a seafarer, holder of a seafarer’s identity document issued by the Uruguayan authorities, will be readmitted in Uruguay during a period of at least one year after the date of expiry indicated in that document. Observing that the Government has not provided information on this issue, the Committee requests it to specify how effect is given to Article 5(2) of the Convention.

Article 6. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. The Committee requested the Government to indicate the provisions ensuring the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country. The Committee notes the information supplied by the Government to the effect that the documents certifying identity as a crew member are the crew member’s book, a passport identifying the holder as a seafarer or documentation showing the holder to be fit to serve on board. The Committee nonetheless observes that the Government specifies no provision guaranteeing the right of entry of seafarers holding seafarers’ identity documents issued by other countries. Consequently, the Committee requests the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(1)–(3) of the Convention. Statistics of occupational accidents. The Committee requested the Government to provide recent statistics of occupational accidents in the maritime sector. It notes the information supplied by the Government to the effect that there are no specific statistics for all types of accidents. Recalling that according to the Convention, statistics must record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship and of the area where the accident occurred, the Committee requests the Government to take the necessary steps to compile statistics that meet the requirements of the Convention.

Article 3. Research. The Committee requested the Government to send information on the research under way into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on the subject. The Committee notes that according to the Government, the Maritime Authority is not engaged in research into general trends in occupational accidents. Pointing out that according to the Convention research shall be undertaken into general trends and into such hazards as are brought out by statistics, the Committee requests the Government to take the necessary measures to give effect to Article 3 of the Convention.

Article 4(3)(h). Prevention of accidents. Dangerous cargo. The Committee requested the Government to indicate whether there are specific provisions on measures for the prevention of accidents that are peculiar to maritime employment that cover dangerous cargo. The Committee takes note of Maritime Provisions Nos 51 of 16 December 1996, 55 of 24 June 1997, 85 of 12 June 2002, 101 of 13 June 2005, 102 of 5 June 2005, 123 of 21 August 2009 and 153 of 12 October 2014, sent by the Government, and observes that they contain specific provisions on the prevention of accidents on board ships transporting dangerous cargo. The Committee further observes that Decree No. 158/985 of 25 April 1985 approves the Dangerous Goods Operations and Transport Regulations, which contain provisions on measures to prevent accidents caused by dangerous cargo. Lastly, the Committee notes the information from the Government to the effect that the International Maritime Dangerous Goods (IMDG) Code, and the International Safety Management (ISM) Code of the International Maritime Organization have been incorporated in Uruguay’s statutory law.

Article 4(3)(h). Prevention of accidents. Ballast. The Committee asked the Government to indicate the provisions that address the prevention of accidents in the handling of ballast. It takes note of the Maritime Provisions sent by the Government and observes that Maritime Provision No. 109 ALFA of 7 November 2006 refers to the safety of crew members and persons involved in the exchange of ballast water. However, this provision does not include measures for the prevention of accidents caused by ballast. The Committee accordingly requests the Government to indicate whether any other provisions give effect to Article 4(3)(h) of the Convention.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee pointed out to the Government that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains recommendations, which are not binding, to improve safety and health on board ships inter alia through the use of protective equipment. The Committee points out that according to the Convention, provisions on accident prevention must specify clearly the obligation of shipowners, seafarers and others concerned to comply with them. The Committee requests the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention, particularly those covering protective equipment.

Article 8. Programmes for the prevention of occupational accidents. The Committee requested the Government to indicate whether a committee had been set up in the maritime sector to formulate, implement and periodically review the national safety and health policy, as prescribed by Decree No. 291/007 of 13 August 2007. While noting the information supplied by the Government to the effect that since 2013 a sectoral committee has been in operation with a mandate to draft a standard for the prevention of occupational risks in the ports sector, the Committee observes that the abovementioned committee does not include representatives of shipowners and seafarers, and does not address the subject of on-board personnel. Recalling that the Convention requires the establishment of national or local joint accident prevention committees or ad hoc working parties on which both shipowners’ and seafarers’ organizations are represented, the Committee requests the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice.

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Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee has been requesting the Government for several years to clarify the state of law and practice concerning the operation of public employment offices for seafarers. In successive reports, the Government has failed to provide clear information on the organization and functioning of the Office for the recruitment of seafarers which appears to have replaced the Register of Personnel of the Merchant Marine which was established by Decree No. 463/968 of 23 July 1968. In addition, the Government has not been in a position to indicate whether the bipartite advisory committee, established by Decree No. 600/77, has been set up in practice and whether it is currently in operation. The Committee is therefore obliged once again to request the Government to provide full particulars on the existing system of public employment offices for seafarers, including copies of any relevant legislative or regulatory texts not previously communicated to the Office.

Article 10. Employment information. The Committee requests the Government to provide up-to-date information on seafarers’ unemployment and the work of the Office for the recruitment of seafarers, including for instance the number of job applications received and vacancies notified and the number of persons placed in employment.

Finally, the Committee takes this opportunity to recall that at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 9 is an outdated instrument and invited the States parties to this Convention to consider ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), (GB.283/LILS/WP/PRS/1/2, paragraph 12). However, most of the provisions of Convention No. 179 have since been incorporated and further expanded in Regulation 1.4, Standard A1.4 and Guideline B1.4 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Conventions Nos 9 and 179, as well as 66 other international maritime labour instruments. The Committee therefore hopes that the Government will ratify the MLC, 2006, in the very near future and requests the Government to keep the Office informed of any decisions taken in this respect.

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The Committee notes the information provided by the Government. It draws the Government’s attention to the following points.

Article 4 of the Convention. The Government refers, with regard to employment offices for seafarers, to the Register of Personnel of the Merchant Marine established by Decree No. 463/968 of 23 July 1968. However, according to the observations made by the Single National Union of Seafarers and Allied Workers (SUNTMA), this Register has been abolished since 1973 and the period of dictatorship. It was successively replaced by an employment office (in the 1990s) and more recently by an office for the recruitment of seafarers, which has unfortunately never been operational. The Committee recalls that, under the terms of the Convention, each Member agrees that “there shall be organised and maintained an efficient and adequate system of public employment offices”, which may be organized either by representative associations of shipowners and seafarers jointly under the control of a central authority, or by the State itself. It requests the Government to provide information in its next report on the organization and maintenance of employment offices for seafarers.

Article 5. As the Government indicated in previous reports that the bipartite advisory committee for seafarers, established by Decree No. 600/77, had not yet been set up in practice, the Committee has been requesting information for several years on the effect given to this Article in practice. Once again in its report the Government confines itself to enumerating the existing legislative provisions, without replying directly to the issue raised. The Committee recalls that, under the terms of the Convention, external advisory committees for the supervision and the provision of advice concerning free public employment offices have to be constituted. It therefore requests the Government to provide information on the constitution of such committees in its next report and, in particular, to indicate whether or not the bipartite advisory committee created by Decree No. 600/77 has been set up in practice.

Article 7. Under the terms of the Convention, the contract of engagement of seafarers has to include the necessary guarantees for protecting all parties concerned. Moreover, seafarers must be able to examine the contract before and after signing. However, according to the SUNTMA, certain maritime enterprises recruit non-unionized personnel and impose contracts without allowing them to examine the content or, even less so, to negotiate modifications. The Committee requests the Government to provide information on the measures taken to ensure the protection of the contracting parties in its next report.

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1. In response to comments the Committee has been making for many years, the Government states in its report for the period ending in June 2002 that section 2 of Decree No. 600 of 1977 establishes the bipartite advisory committee for seafarers referred to in Article 5 of the Convention. The Government has also been stating for many years, however, that  the committees provided for in that Article of the Convention "are not currently in operation". Consequently, the Committee again asks the Government to provide all the practical information required by the report form on the Convention pertaining to Articles 4 and 5 of the Convention, including available statistical or other information pertaining to unemployment among seafarers and the work of its seafarers’ employment agencies (Article 10, paragraph 1, of the Convention).

2. In reply to the Committee’s direct request of 1998, the Government observes that Uruguay has not ratified Convention No. 179. The Committee points out in this connection that the Governing Body invited States parties to Convention No. 9 to consider ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which would mean immediately denouncing Convention No. 9 (see paragraphs 47-51 of document GB.273/LILS/4(Rev.1), November 1998). The Committee would be grateful if, in its next report, the Government would provide additional information on any consultations held for this purpose.

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With reference to its previous comments over a number of years with regard to Articles 4 and 5 of the Convention, the Committee notes the information provided by the Government in its report. The Government refers to the establishment of an administrative committee responsible for the administration and supervision of registers of seafarers in the merchant marine, and to the establishment of a bipartite advisory committee consisting of two representatives of the shipowners and two representatives of the seamen. The Committee has also taken note of the fact that the draft Decree to reorganize the Registration Service for Seafarers in the Merchant Marine has not been approved. The Committee hopes that the Government will provide, in its future reports, copies of any texts adopted to implement the Convention and that it will also supply general information on the practical application of the Convention.

The Committee also draws the attention of the Government to the new instruments adopted by the International Labour Conference relating to the subject-matter of this Convention, namely, the Recruitment and Placement of Seafarers Convention (No. 179) and Recommendation (No. 186), adopted in 1996.

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Articles 4 and 5 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes that a tripartite administrative committee ("Comisiòn Administradora" provided for in Decree No. 463/968 and referred to in the Government's previous reports) has not yet been established in practice. The Government indicates, however, that advisory committees provided for in Article 5 are in the process of being constituted. The Committee notes the detailed description of a draft text concerning the reorganization of the Registration Service for Seafarers in the Merchant Marine which has been sent for consultation to the organizations concerned, including those representing shipowners and seafarers. It is stated in the description of the draft that the purpose of the reorganization is to ameliorate the functioning of the Registration Service for Seafarers and to bring it into conformity with the requirements of the Convention. The Committee expresses the hope that the draft text referred to above will be adopted in the near future and that full effect will be given to these Articles of the Convention. It asks the Government to supply a copy of the text as soon as it is adopted and to provide, in its next report, information on the organization and functioning of the system of employment offices for finding employment for seamen without charge and on measures taken with regard to the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by the provisions of these Articles.

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Articles 4 and 5 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the agreement reached in the tripartite meeting with the participation of representatives of the National Naval Prefecture, the Chamber of the Merchant Marine and the Inter-Union of Workers - National Convention of Workers (PIT-CNT), convened in October 1992, to establish as soon as possible a tripartite administrative committee in order to give effect to Articles 4 and 5 of the Convention. The Committee expresses the hope that the administrative committee will be effectively functioning in the nearest future and that the Government will be in a position to provide, in its next report, information on the organization and functioning of the system of employment offices for finding employment for seamen without charge and on measures taken with regard to the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by these Articles. Please also indicate the follow-up, if any, given to the draft regulations respecting the Registration Service for Seamen in the Merchant Marine, referred to in the Government's previous report.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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1. The Committee notes the information supplied by the Government in its report concerning the Committee's previous comments. It notes the draft regulations respecting the Registration Service for Seamen in the Merchant Marine, a copy of which is attached to the report. The Government indicates that the above draft text was criticised by trade union associations in the Labour Commission of the Chamber of Deputies, which called upon the Minister of Defence and the Director of Registration and the Merchant Navy of the National Naval Prefecture to appear before it; these persons explained the objective and reasons for the proposed amendments. The trade union associations have not submitted an alternative draft nor have they discussed amendments to the draft text prepared by the maritime authority. In its direct request in 1989, the Committee requested the Government to make any observations that it considered appropriate on the comments made in September and October 1989 by the Naval Engineers Central and the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT). These seamen's organisations maintained that employment offices for seafarers have to be administrated by the representative associations of shipowners and seamen under the control of a central authority. In the opinion of these organisations, the central authority had to be an authority that was competent in the field of labour.

2. In its report, the Government indicates that the National Naval Prefecture reports that Article 4, paragraph 1(b), of the Convention is applied and that it has been in its own interests to establish an administrative committee with tripartite participation. With regard to Article 5, the Government indicates that the social partners have not appointed delegates to the advisory committee set up by Decree No. 600/77, which instituted a bipartite advisory committee for the staff register of the merchant marine of the National Naval Prefecture.

3. The Committee refers to Article 4, paragraph 1(b), of the Convention which permits the State itself to organise and maintain an efficient and adequate system of employment offices for finding employment for seamen without charge. Article 5 requires that "committees consisting of an equal number of representatives of shipowners and seamen shall be constituted to advise on matters concerning the carrying on of these offices. The Government in each country may make provision for further defining the powers of these committees, particularly with reference to the committees' selection of their chairmen from outside their own membership, to the degree of state supervision, and to the assistance which such committees shall have from persons interested in the welfare of seamen." The Committee therefore hopes that in its next report the Government will be in a position to supply the information required in the report form for the Convention on the organisation of the system of offices for finding employment without charge and on the provisions that have been adopted respecting the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by the above provisions of the Convention.

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1. The Committee has noted the observations made in September and October 1989 by the Naval Engineers Central and the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) concerning the system of administration of employment offices for seamen, in connection with the elaboration of the Draft Regulations for the Staff Register of the Merchant Marine and the requirements of Article 4 of the Convention. The Committee has also noted that these observations were sent to the Government, in September and November 1989 respectively, for such comments as might be judged appropriate. The Committee observes that no comments have been communicated by the Government so far. It hopes that the Government will include in its next report any comments it considers appropriate in order to enable the Committee to examine the questions raised by the above-mentioned organisations in substance at its next session.

2. The Committee refers to its previous direct request concerning the application of Article 5 of the Convention which read as follows:

With reference to the Committee's previos comments, the Government indicated that the social partners had not appointed delegates to the advisory committee set up by Decree No. 600/977. In its last report, the Government included a copy of Decree 784/987 setting up an employment service for captains, masters, engineer-officers and crew of fishing vessels flying the national flag. In its direct request of 1984, the Committee referred to the relevant decisions of the International Labour Conference at its 2nd and 3rd Sessions (Record of Proceedings, Genoa, 1920, pp. 40 and 41 and Geneva, 1921, p. 868) to the effect that this Convention does not cover fishing vessels. The Committee noted from the Government's indications in its last report, that the crews of fishing vessels make up the vast majority of seamen in the country.

The Committee also noted the Government's statement to the effect that the maritime authorities had confirmed their interest in setting up administrative committees for the employment service for seamen and for deck-officers and engineer-officers, both of which would be in tripartite form, with representatives of the associations of crew members, shipowners and the State. It hopes that in its next report the Government will provide the information requested in the report form on the committees that have been set up.

[The Government is asked to report in detail for the period ending 30 June 1990.]