Maritime Labour Convention, 2006 (MLC, 2006) - Palau (RATIFICATION: 2012)

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Palau, on 18 January 2017 and on 8 January 2019 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes that regarding many of the issues raised in its previous comment, the Government acknowledges the inconsistencies between its legislation and the Convention and indicates its willingness to take action to ensure compliance with the Convention. The Committee expects that the necessary measures will be taken in the near future.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee noted, in its previous comment, that subchapter 7.1 of the Maritime Regulations of 2012 contains a non-exhaustive list of categories of persons, including guest entertainers, who are not considered seafarers. The Committee requested the Government to provide clarifications on the criteria and procedures applied to determine these exclusions. The Committee notes the Government’s indication that it is taking steps through the adoption of a Marine Notice on MLC implementation to define seafarers and clarify the process to be followed in determining who constitutes a seafarer. The Committee recalls that the persons who regularly spend more than short periods onboard, even where they perform tasks that are not normally regarded as maritime tasks, such as guest entertainers, are to be regarded as seafarers for the purpose of the Convention. The Committee requests the Government to ensure that the revised Marine Notice takes this point into account in order to ensure full compliance with the Convention. The Committee requests the Government to transmit a copy of the revised Marine Notice with its next report.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee noted that Title 7 of the Palau National Code (hereafter PNC), entitled “Admiralty and Maritime”, provides for two registration regimes for ships and that Chapter 7 of this Title explicitly excludes vessels engaged exclusively in domestic commerce, which may be registered under Chapter 1 of the same Title. According to the definitions of “domestic commerce” and “waters of the Republic” contained in section 602(n) and (uu) of Title 7 of the PNC, vessels registered under Chapter 1 may include those engaged in domestic commerce in waters extending to a 200 nautical miles exclusive economic zone. The main pieces of legislation applying the Convention, in particular Chapter 8 of Title 7 of the PNC and its implementing regulations, which apply to vessels registered under Chapter 7, do not apply to those vessels (sections 801(a) and 602(z) of Title 7 of the PNC). The Committee requested the Government to indicate how conformity with the Convention is ensured for the vessels registered under Chapter 1 of Title 7 of the PNC when they fall within the scope of application of the Convention. The Committee notes the Government’s indication that Palau is unclear of how the MLC, 2006 defines a ship with respect to size and therefore it has not adopted Regulations implementing the Convention to vessels registered under Chapter 1 of Title 7. The Committee further notes the Government’s indication that application of some of the requirements of the MLC, 2006 to vessels registered under Chapter 1 of Title 7 is impractical due to the size of the vessels. The Committee recalls that the MLC, 2006 applies to all ships, irrespective of their tonnage, size or the nature of their voyage, other than those ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply whether publicly or privately owned, ordinary engaged in commercial activities, other than ships engaged in fishing, traditional build, warships or naval auxiliaries (Article II, paragraphs 1(i) and 4). The Committee further recalls that Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code”, that is, Standards and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements. The Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board all ships within the meaning of the Convention, including those engaged in domestic commerce in waters extending to a 200 nautical miles exclusive economic zone.

Article III. Fundamental Rights and Principles. Concerning the fundamental right to freedom of association, noting that sections 860(a)(3) and 861(b)(3) of Title 7 of the PNC provide for compulsory arbitration as a prerequisite to engaging in industrial action, which may eventually impede the exercise of the right to take industrial action, the Committee requested the Government to indicate how it has satisfied itself that these provisions respect the fundamental right to freedom of association. The Committee notes that the Government acknowledges that it is necessary to ensure that the seafarers’ fundamental right to freedom of association is protected without however putting the ship at risk. The Committee takes note of the Government’s request for assistance from the Office to develop a specific legal instrument to ensure compliance with these requirements of the Convention. The Committee hopes that the Office will provide the relevant technical assistance and requests the Government to provide information on any progress made in this regard.

Article VII. Consultations. Noting the absence of seafarers’ and shipowners’ organizations in the country, the Committee invited the Government to have recourse to the Special Tripartite Committee established under Article XIII. The Committee notes the Government’s indication that Palau still does not have shipowners’ or seafarers’ organizations to conduct consultations with. However, the Administrative Procedure Act (Title 6 of the PNC) requires public consultation in the form of a notice procedure period prior to the adoption of any rules or regulations implementing public laws to ensure that all interested persons have the opportunity to submit data, views, or arguments. While noting this information, the Committee recalls that, under Article VII, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultation with shipowners’ and seafarers’ organizations may, in cases where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided by that Member through consultation with the Special Tripartite Committee. The Committee therefore requests the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee previously noted that, while paragraph 7.3(a) of the Maritime Regulations clearly states that the employment, engagement or work on board a vessel of any person under the age of 16 shall be prohibited, section 826 of Title 7 of the PNC provides for a number of possible exceptions in the case of “vessels on which only members of the same family are employed, school ships, or training ships”. The Committee requested the Government to eliminate any inconsistencies in its legislation. The Committee notes the Government’s indication that, given the inconsistency between national provisions with respect to minimum age, it will work with the Palau National Congress to align the provisions of Title 7 of the PNC to those of the Convention. The Committee requests the Government to indicate the concrete measures taken to amend its legislation to ensure full conformity with the Convention.

Regulation 1.2 and Standard A1.2, paragraph 1. Medical Certificate. Examination prior to beginning work. The Committee requested the Government to clarify the meaning of section 836 of Title 7 of the PNC, paragraph (c)(4), which refers to seafarers’ loss of certain entitlements if at the time of their engagement they refused to be medically examined. The Committee notes the Government’s indication that section 836 refers to the examination needed to verify the seafarer’s claimed illness while he is engaged, which prevents him from carrying his duties and not the medical examination prior to beginning work. The Government indicates that this provision is necessary to ensure seafarers do not claim false illness to avoid their duties and continue to be paid. The Committee takes note of this information, which addresses its previous request.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes that paragraph 7.4(d) of the Maritime Regulations provides that a seafarer who has been refused a certificate or has had a limitation imposed on his ability to work, in particular with respect to time, field of work or trading area, shall be given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee, in accordance with Standard A1.2, paragraph 5. The Committee, however, notes that paragraph 11 of Marine Notice 194.1 stipulates that a seafarer whose medical fitness certificate is suspended “for more than three (3) months” or cancelled may appeal the suspension or cancellation to the Director of the Bureau of Commercial Development.” The Committee observes that this provision is not in full conformity with Standard A1.2, paragraph 5, which provides for the right of appeal without any restrictions. Moreover, observing that Marine Notice 194.1 provides that the Director of the Bureau of Commercial Development is the authority to re-examine the suspension, the Committee recalls that Standard A1.2, paragraph 5 requires another independent medical practitioner or independent medical referee to conduct this further examination. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee requested the Government to indicate how it is ensured that the normal working hour’s standards for seafarers include one day of rest per week and rest on public holidays, as provided for under Standard A2.3, paragraph 3. The Committee notes the Government’s indication that it acknowledges the inconsistency between the Regulations and the Convention and that it will amend its Regulations accordingly. The Committee requests the Government to provide information on any measures taken in this regard to ensure full conformity with the Convention.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. Noting that, while paragraph 7.10(a) of the Maritime Regulations states that the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment, section 833 of Title 7 of the PNC, to which paragraph 7.10(a) refers, provides for minimum paid annual leave which is not in conformity with the minimum requirements of the Convention, the Committee requested the Government to review its legislation to ensure conformity with the Convention. The Committee notes the Government’s indication that it acknowledges the inconsistency and that it will amend its laws and other legal instruments to correct it. The Committee requests the Government to provide information on any measures taken in this regard to ensure full conformity with the Convention.

Regulation 2.4 and Standard A2.4, Paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. Noting that paragraph 7.10(b) of the Maritime Regulations provides that any agreement between the shipowner and the seafarer to forgo the minimum annual leave with pay shall be prohibited, unless authorized by the Ship Registry Administrator, the Committee requested the Government to indicate how it ensures that exceptions are restrictively provided. The Committee notes the Government’s indication that the Ship Registry Administrator, by delegation of authority, acts in this instance on behalf of the competent authority. While noting this information, the Committee requests the Government to provide detailed information on the exceptions that can been granted by the Ship Registry Administrator under paragraph 7.10(b) of the Maritime Regulations.

Regulation 2.5 and the Code. Repatriation. Noting that paragraph 7.11(f) of the Maritime Regulations contains a number of situations in which a seafarer shall forfeit his right of repatriation which are not provided under Standard A2.5, paragraph 1, the Committee requested the Government to amend its legislation to ensure conformity with the Convention. The Committee notes the Government’s indication that, while it agrees to re-visit its Regulations and laws, it requests the Committee to clarify if the exceptions included in paragraph 7.11(f) of the Marine Regulations may be allowed if the competent authority deems that they are warranted on the following grounds: (i) Entering into a new agreement with the same owner after his discharge or entering into a new agreement with another owner within one week after his discharge (this constitutes continuation of service, applying the entitlement to repatriation would only incur additional cost and could affect the operation of the ship); (ii) committing criminal offences involving barratry; drunkenness and neglect of duty, desertion, incitement of seafarer to revolt or mutiny and unjustifiable repudiation of the Shipping Articles (Seafarers joining its ships are expected to conduct themselves in a manner befitting the profession); and (iii) the failure of the seafarer to request repatriation within one week from the time that he is in condition to be repatriated (this constitutes a reasonable period of time as required by the Convention). The Committee reiterates that the Convention does not provide for cases of forfeiture of the entitlement to repatriation when the circumstances foreseen in Standard A2.5, paragraph 1 are met. The entitlement to repatriation may indeed lapse where the seafarers concerned do not claim it within a reasonable period of time (Guideline B2.5.1, paragraph 8). In this regard, one week has been considered as a reasonable period by the Committee. This possibility may cover the situations included in point (i) above. In addition, under Standard A2.5.1, paragraph 3, the shipowner may recover the cost of repatriation where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreement, to be in serious default of the seafarers’ employment obligations. This possibility may cover the different situations included in point (ii) above. However, the shipowner is requested to repatriate the seafarer and recover the cost afterwards. Recalling the fundamental importance of the right to repatriation, the Committee requests the Government to ensure that any provision in the national legislation depriving seafarers of this right is limited only to the circumstances allowed under the Convention.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. 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. It notes that Marine Circular 137.1 was adopted in November 2018 and gives effect to some of the requirements of Standard A2.5.2. The Committee brings 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 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. Noting that subchapter 7.12 of the Maritime Regulations and section 824(d) of Title 7 of the PNC limited the compensation in the case of unemployment arising from the vessel’s loss or foundering to not less than 15 days basic wage or the basic wages until the expiration of the period for which the seafarer was engaged, whichever shall be the least, the Committee requested the Government to indicate how it has given due consideration to Guideline B2.6.1, paragraph 1. The Committee notes that the Government seeks clarification as to whether Guidelines are mandatory. The Committee recalls that, although the Guidelines in Part B of the Code are not mandatory, they must be given due consideration when implementing the MLC, 2006. The Committee notes the Government’s indication that while it has not had the opportunity to consider Guideline B2.6.1, paragraph 1, it will give due consideration to the Guideline and will revisit its implementing legal instruments if considered necessary. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraph 1. Manning Levels. Adequate manning. The Committee notes that Marine Notice 184.2 (04/2019) – Minimum safe manning requirements – stipulates in paragraph 2 that the present minimum safe manning requirements apply to all ships of 100 gross tonnage or more engaged on international voyages, and excludes also any ship under 24 metres in length. The Committee further notes that paragraph 5.7 of this Marine Notice allows for temporary dispensations to be granted by Palau International Ship Registry (PISR) for a ship to sail with fewer seafarers than stated on the Minimum Safe Manning Certificate. Recalling that Standard A2.7 does not provide for exemptions in relation to the gross tonnage or the size of the ships, the Committee requests the Government to indicate the measures taken to ensure that its provisions related to manning levels conform with the requirements of Regulation 2.7.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that Marine Notice 184.2 (04/2019) provides that “a qualified ship’s Cook is required for ships operating with a prescribed manning of 10 or more seafarers on voyages of more than 3 days or more than 36 hours from a safe port.” The Committee recalls that, in accordance with Standard A3.2, paragraph 5, only ships operating with a prescribed manning of less than ten by virtue of the size of the crew or the trading pattern may not be required by the competent authority to carry a fully qualified cook. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. Noting that Marine Notice 12-019 (Accommodations, Recreation Facilities, Food, Catering and Water) indicates that the requirements of this Marine Notice that relate to ship construction and equipment shall apply, “to the extent reasonably possible”, to ships constructed on or after the entry into force of the MLC, 2006, the Committee requested the Government to indicate how it ensures that any exemptions granted are limited to those permitted in Standard A3.1. The Committee notes the Government’s indication that section 20.1 in the Marine Notice states that “Any exemptions with respect to the requirements of these minimum standards may be made only where they are expressly permitted in these minimum standards and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety.” Observing however, that Marine Notice 12-019 is currently under revision, the Committee requests the Government to provide a copy of the updated Marine Notice on accommodation requirements.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships. The Committee notes that, in reply to its previous comments, the Government indicates that it does not see a need for inclusion of this obligation in its national provisions given that medical health care is open to all and, historically, Palau has accepted seafarers on board ships calling at its ports or transiting its waters who need medical attention. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum Requirements. Medical advice by radio or satellite. The Committee requested the Government to indicate how it gives effect to its obligation of having a system using satellite or radio or similar forms of communication to provide medical advice, free of charge, 24 hours a day to all ships irrespective of the flags that they fly, as required by Standard A4.1, paragraph 4(d). The Committee notes the Government’s indication that it does not have any procedures in place to give effect to this provision of the Convention but will explore the best mechanisms to do it. The Committee requests the Government to provide information on the progress made in this regard.

Regulation 4.2 and Standard A4.2.1, paragraph 1(b). Shipowners’ liability. Minimum Standards. Death or long-term disability. The Committee noted that subchapter 7.17(d)–(h) of the Maritime Regulations provides for compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. However, commencement and termination of the shipowner’s obligation to provide such compensation is related to the signing on and off the Shipping Articles. Since subchapter 7.27(b)(3) of the Maritime Regulations indicates that any of the hotel staff is not required to sign Shipping Articles, this category of seafarers may be excluded from the benefits of compensation under subchapter 7.17. The Committee therefore requested the Government to explain how it ensures that all seafarers benefit from the protection provided for in Standard A4.2, paragraph 1(b). Noting the Government’s indication that it acknowledges the inconsistency between the Maritime Regulations and the Convention and that it will take steps to explore means to remedy the inconsistency, the Committee requests the Government to indicate the measures taken in this regard.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee noted that paragraph (c)(4) of section 836 of Title 7 of the PNC provides for an exception to seafarers’ entitlement to the corresponding benefits in cases of sickness or injury when the seafarer refuses medical treatment for such sickness or injury or is denied such treatment because of misconduct or default and that, as a consequence to this exception, shipowners would not be liable to bear costs in such cases. The Committee recalled that this exception does not correspond to a possible exclusion of the shipowner’s liability in Standard A4.2, paragraph 5, and therefore requested the Government to explain how it gives full effect to this provision of the Convention. Noting the Government’s indication that it acknowledges the inconsistency between the Title 7 of the PNC and the Convention and that it will take necessary measures to remedy the inconsistency, the Committee requests the Government to provide information on the measures taken in this regard.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. 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 meets certain minimum requirements. It notes that Marine Circular 137.1, adopted in November 2018, gives effect to some of the requirements of Standard A2.5.1, paragraphs 8 to 14, and A2.5.2. The Committee brings 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 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee previously noted the Government’s indication that that there are no ordinarily resident seafarers in Palau and that it has not adopted any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requested the Government to provide information on any measures adopted to give effect to Standard A4.5, paragraph 6, according to which Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security despite the primary obligation resting with the Member in which the seafarer is ordinarily resident. The Committee notes the Government’s indication that Palau does not offer comparable social security benefits but will explore means of requiring the collection of social security contributions from foreign crew employed on Palau ships. Such collection can be mandated by Regulation or Maritime Notice, which will require payment of the collected social security contribution to the Social Security Administration or equivalent in the seafarer’s home country. The Committee welcomes this statement and requests the Government to provide information concerning any progress made for the provision of social security protection for non-resident seafarers working on ships flying its flag.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Noting that subchapter 7.22(b) of the Maritime Regulations provides for the possibility to authorize recognized organizations, the Committee requested the Government to provide information on how effect is given to Standard A5.1.2, paragraphs 1 (review the competency and independence of recognized organizations) and Standard A5.1.2, paragraph 3 (ensure the adequacy of work performed by recognized organizations). The Committee notes the Government’s indication that while Palau conducts compliance audits of the appointed ROs, it has not established means of evaluating their performance relating to the MLC, 2006. The Government further indicates that it will take the necessary actions to conclude arrangements with ROs in relation to audits and appointments of surveyors qualified to conduct MLC inspections. The Committee welcomes this information and requests the Government to inform it of any progress made towards full compliance with the requirements of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee requested the Government to indicate the national provisions that give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17 (independence of inspectors from changes of government and from improper external influences). The Committee notes that the Government indicates that there are no written policies addressing conduct of surveyors and standards of service in place to assure status and conditions of service of inspectors. It also notes the Government’s indication that it will take steps to establish, by means of Marine Circular, the requirements and conditions for Flag State inspectors, including their qualifications, training, payment and code of conduct. The Committee requests the Government to provide information on any progress made in this regard and a copy of the mentioned Marine Circular when adopted.

Regulation 5.1.4 and Standard A5.1.4, paragraph 11. Flag State responsibilities. Inspection and enforcement. Authority and impartiality. The Committee requested the Government to indicate how it gives effect to the requirement that inspectors shall, subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature, which may come to their knowledge in the course of their duties. The Committee notes the Government’s indication that it will take action to establish the relevant guidelines for the inspectors. The Committee requests the Government to provide updated information concerning any progress made towards the implementation of this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. The Committee requested the Government to provide information on any measures taken to give effect to Standard A5.1.4, paragraph 16. The Committee notes the Government’s indication that it has yet to take action on this matter noting that legal avenues exist to seek recourse or compensation through the Court of Common Pleas. It will conduct consultation and explore the feasibility of having an alternate mechanism to address claims of complainants. The Committee requests the Government indicate the measures taken in this regard.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Noting that an official inquiry would be optional for the Ship Registry Administrator in the case of serious marine casualty leading to injury, the Committee requested the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury. The Committee notes that the Government acknowledges the inconsistency between the Regulations and the Convention and will review the matter and take any actions necessary to correct the inconsistency. The Committee requests the Government to indicate the measures taken in this regard.

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The Committee takes note of the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It notes that Palau, which joined the ILO in 2012, has not ratified other ILO Conventions. The Committee notes the measures taken, particularly through the adoption of legislation and regulations, for the implementation of the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Consultations. The Committee notes the Government’s indication that it would consult shipowners’ and seafarers’ organizations as needed for the implementation of the Convention, but that no official list of representative organizations was in place. The Committee draws the Government’s attention to the fact that a number of provisions of the Convention require consultations; this is the case, for example, in relation to the procedure of national determinations under Article II or for the implementation of Standard A1.1, paragraph 4, (types of work likely to jeopardize the health or safety of seafarers under 18); Standard A1.2, paragraph 2, (nature of the medical examination and certificate); Standard A2.1, paragraph 5, (minimum notice periods for the early termination of a seafarer’s employment agreement); Standard A3.1, paragraph 2, (accommodation and recreational facilities); and Regulation 4.3, paragraph 2, (national guidelines for the management of occupational safety and health on board ships). The Committee recalls that the Special Tripartite Committee established in accordance with Article XIII of the Convention adopted interim arrangements for consultation with shipowners’ and seafarers’ organizations, as provided for in Article VII, in cases where representative organizations do not exist within a Member. Until an official list of organizations is established, the Committee invites the Government to have recourse to these arrangements, where the Convention requires consultations.

Article II of the Convention. Scope of application. The Committee notes that Title 7 of the Palau National Code (PNC), entitled “Admiralty and Maritime”, provides for two registration regimes for ships. Chapter 7 of this Title explicitly excludes vessels engaged exclusively in domestic commerce, which may be registered under Chapter 1 of the same Title. According to the definitions of “domestic commerce” and “waters of the Republic” contained in section 602(n) and (uu) of Title 7 of the PNC, vessels registered under Chapter 1 may include those engaged in domestic commerce in waters extending to a 200 nautical miles exclusive economic zone. The main legislation applying the Convention, in particular Chapter 8 of Title 7 of the PNC and its implementing regulations, which apply to vessels registered under Chapter 7, do not apply to those vessels (sections 801(a) and 602(z) of Title 7 of the PNC). The Committee recalls that the MLC, 2006, defines a ship in Article II, paragraph 1(i) as “a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply”. Therefore, the Committee considers that vessels which are engaged in domestic commerce in waters extending to a 200 nautical miles exclusive economic zone do not fall within the exclusion contained in this provision of the Convention. The Committee requests the Government to provide information on the vessels registered under Chapter 1 of Title 7 of the PNC, and to indicate how conformity with the Convention is ensured for those vessels when they fall within its scope of application.

Article II. Seafarers. The Committee notes that Chapter 7 (Seafarers and the Maritime Labour Convention) of the Maritime Regulations of 2012 provides the following definition, in its subchapter 7.1: “A Seafarer shall mean any person who is employed or engaged or works in any capacity on board a ship and includes any member of the deck, engine and catering crew but shall exclude for example harbour pilot, port worker, guest entertainer, ship inspector, superintendent, repair technician, etc. The Ship Registry Administrator will use the criteria provided in the resolution concerning information on occupational groups (No. VII) adopted by the International Labour Conference at its 94th (Maritime) Session to determine whether a person is or is not a Seafarer”. The Committee recalls that, according to this resolution, persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board. Noting that the exclusions contained in subchapter 7.1 are listed in a non-exhaustive manner, the Committee requests the Government to indicate whether and how it has applied the criteria contained in the ILC resolution when determining these exclusions.

The Committee also recalls that for a national determination to be made, in the event of doubt, that certain categories of persons are not to be regarded as seafarers for the purpose of the Convention, the specific procedure provided for in Article II, paragraphs 3 and 7, should be followed. Moreover, such determination may only concern “categories of persons” and not individual persons. The Committee therefore requests the Government to explain how it will ensure that the procedure of Article II is followed in the event of doubt as to whether certain categories of persons are to be regarded as seafarers for the purpose of the Convention.

Article III. Fundamental rights and principles. In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these fundamental Conventions, as is the case of Palau, the Committee would have expected to receive concrete information on how the country has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee notes that the Government simply indicates that the Republic of Palau does not allow child labour, forced or compulsory labour, or discrimination in respect of employment and occupation, and that where a collective bargaining agreement forms all or part of the seafarer’s employment agreement the collective bargaining agreement must be on board the ship with relevant provisions in English. It also notes that sections 854–857 of Title 7 of the PNC recognize the freedom of association of seafarers and their employers, as well as their right to bargain collectively, and that section 858 prohibits discrimination as to terms and conditions of employment of seafarers on the basis of race, colour, gender or creed. Noting that these provisions only partially address the fundamental rights referred to in Article III, the Committee considers that the information available is not sufficient to establish that Palau has properly satisfied itself that its laws and regulations respect these fundamental rights. The Committee therefore requests the Government to provide more information in relation to this matter, in particular as regards: (i) protection against acts of anti-union discrimination; (ii) prohibition of forced labour; and (iii) elimination of any discrimination in respect of employment and occupation made on the basis of political opinion, national extraction or social origin.

The Committee also notes that section 860(a)(3) of Title 7 of the PNC provides that it shall be unlawful for any person or labour organization to promote or to engage in any strike or picketing, or any boycott or like interference with the internal order or operation of a vessel, unless the procedures of conciliation, mediation and arbitration under section 861 have been followed to conclusion. Section 861(b)(3) provides that, in the event that a dispute cannot be resolved by conciliation or mediation, either party may submit the matter to an independent arbitrator or arbitrators for a final determination, as provided by regulation, and that if the parties cannot agree upon a choice of arbitrator or arbitrators, the matter shall be finally determined by the Minister or his Special Agent, acting as sole arbitrator. Section 861(c) adds that any arbitration award may be enforced, if necessary, by any court of competent jurisdiction. The Committee notes that these sections provide for compulsory arbitration as a prerequisite to engaging in industrial action, which may eventually impede the exercise of the right to take industrial action. The Committee requests the Government to indicate how it has satisfied itself that these provisions respect the fundamental right to freedom of association.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that while paragraph 7.3(a) of the Maritime Regulations clearly states that the employment, engagement or work on board a vessel of any person under the age of 16 shall be prohibited, section 826 of Title 7 of the PNC provides for a number of possible exceptions in the case of “vessels on which only members of the same family are employed, school ships, or training ships”. The Committee also notes that these exceptions are not reflected in the DMLC, Part I, which only indicates that section 826 of Title 7 of the PNC sets a minimum age of 16 years. The Committee further notes that subchapter 1.1 of the Maritime Regulations indicates that if there is any inconsistency between the provisions in these Regulations and the provisions in the PNC, the provisions in the latter shall, in relation to vessels documented under these Regulations, prevail and apply in place of the provisions in these Regulations, to the extent of the inconsistency. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee requests the Government to review this provision of the PNC so as to ensure that it does not contain any possible exception to this minimum age.

Standard A1.2, paragraph 1. Medical examination prior to beginning work. The Committee notes that while paragraph 7.4(a) of the Maritime Regulations provides that the Ship Registry Administrator shall require that, prior to beginning work on a vessel, a seafarer holds a valid medical certificate attesting that he or she is medically fit to perform the duties they are to carry out at sea, section 836 of Title 7 of the PNC, paragraph(c)(4), refers to seafarers’ loss of certain entitlements if at the time of their engagement they refused to be medically examined. This provision implies that there may be cases where a seafarer may be engaged despite the absence of a medical examination. The Committee recalls that Standard A1.2, paragraph 1, does not allow for exceptions to the requirement of medical examination prior to beginning work on a ship. The Committee therefore requests the Government to explain how it ensures that effect is given to this provision of the Convention in all cases.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ record of employment. The Committee notes that paragraph 7.7(e)(1) of the Maritime Regulations indicates that each person employed on board a vessel registered under these Regulations, other than those persons such as certain hotel staff personnel on passenger vessels who are not assigned or required to perform vessel safety or pollution related shipboard duties, shall be given a Seafarer’s Identification and Record Book issued by the Ship Registry Administrator in accordance with the ILO Seafarers’ Identity Documents Convention, 1958 (No. 108), containing a record of his employment on board the vessel. The Committee recalls that Standard A2.1, paragraph 1(e), provides that all seafarers shall be given a document containing a record of their employment on board the ship. The Committee requests the Government to explain why this category of seafarers is excluded from paragraph 7.7(e)(1) of the Maritime Regulations and how effect is given to this requirement of the Convention for this category of seafarers.

Regulation 2.3 and Standard A2.3, paragraph 3. Seafarers’ normal working hours. The Committee notes that paragraph 7.9(b) of the Maritime Regulations indicates that the normal hours of work in port and at sea shall be eight per day. It further notes that no other provision in the relevant legislation refers to weekly rest and rest on public holidays. It recalls that Standard A2.3, paragraph 3, provides that each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. The Committee requests the Government to indicate how it is ensured that the normal working hours standards for seafarers include one day of rest per week and rest on public holidays, as required by this provision of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 2. Minimum paid annual leave. The Committee notes that, while paragraph 7.10(a) of the Maritime Regulations states that the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment, section 833 of Title 7 of the PNC, to which paragraph 7.10(a) refers, provides for minimum paid annual leave which is not in conformity with the minimum requirements of the Convention. Section 833 provides that: (a) every master and seafarer shall be entitled, after 12 months of continuous service on a vessel or for the same employer, to receive an annual vacation allowance equivalent to not less than 12 days base wages, in the case of masters and officers; and not less than eight days base wages, in the case of other members of the crew; and (b) every seafarer shall be entitled to a minimum of five paid holidays per year. The Committee recalls that Standard A2.4, paragraph 2, provides that: (i) 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; and (ii) the manner in which the length of service is calculated shall be determined by the competent authority or through the appropriate machinery in each country. Since the Maritime Regulations indicate that if there is any inconsistency between the provisions in these Regulations and the provisions in the PNC, the provisions in the latter prevail to the extent of the inconsistency, the Committee requests the Government to review section 833 of Title 7 of the PNC so as to ensure conformity with the Convention. Moreover, it requests the Government to indicate the manner in which the length of service is calculated, as required by Standard A2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Authorization to forgo annual leave. The Committee notes that paragraph 7.10(b) of the Maritime Regulations provides that any agreement between the shipowner and the seafarer to forgo the minimum annual leave with pay shall be prohibited, unless authorized by the Ship Registry Administrator. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to ensure that any agreements to forgo the minimum annual leave with pay is prohibited, except in specific cases restrictively provided for by the competent authority.

Regulation 2.5 and Standard A2.5, paragraphs 1 and 2. Entitlement to repatriation. The Committee notes that paragraph 7.11(f) of the Maritime Regulations, which largely reproduces the content of section 844 of Title 7 of the PNC, states that a seafarer shall forfeit his right of repatriation in case of: (1) entering into a new agreement with the same owner after his discharge; (2) entering into a new agreement with another owner within one week after his discharge; (3) criminal offences under Sections 847 (barratry; drunkenness; neglect of duty), 849 (desertion), and 850 (incitement of seafarer to revolt or mutiny) of Title 7 of the PNC; or (4) unjustifiable repudiation of the Shipping Articles; or (5) failure of the seafarer to request repatriation within one week from the time that he is in condition to be repatriated. The Committee notes that the Convention does not provide for cases of forfeiture of the entitlement to repatriation when the circumstances foreseen in Standard A2.5, paragraph 1, are met. The only case where this entitlement may lapse is where the seafarers concerned do not claim it within a reasonable period of time, in accordance with Guideline B2.5.1, paragraph 8, and as provided for under subparagraph (5) above. The Committee therefore requests the Government to review paragraph 7.11(f) of the Maritime Regulations and section 844 of Title 7 of the PNC to ensure conformity with the Convention.

Regulation 2.6 and Standard A2.6, paragraph 1. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that subchapter 7.12 of the Maritime Regulations and section 824(d) of Title 7 of the PNC provide for compensation in the case of unemployment arising from the vessel’s loss or foundering, which shall not be less than 15 days basic wage or the basic wages until the expiration of the period for which the seafarer was engaged, whichever shall be the least, unless the seafarer is employed as a seafarer during this period or has refused substantially equivalent seagoing employment. The Committee recalls that Guideline B2.6.1, paragraph 1, provides that the indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, with a possible limitation of the total indemnity payable to two months’ wages. The Committee requests the Government to indicate how it has given due consideration to this provision when implementing Standard A2.6.

Regulation 3.1, paragraph 2 and Standard A3.1. Ship construction and equipment. Ships constructed on or after entry into force of the Convention in Palau. The Committee notes that Marine Notice 12-019 (Accommodations, Recreation Facilities, Food, Catering and Water) mirrors the provisions of Regulation 3.1. However, paragraph 2.2 of the Marine Notice indicates that “the requirements of this Marine Notice that relate to ship construction and equipment shall apply, to the extent reasonably possible, to ships constructed on or after the entry into force of the Maritime Labour Convention, 2006”. The Committee notes that the inclusion of the words “to the extent reasonably possible” in this paragraph introduces possible limitations to the application of the Marine Notice to ships constructed on or after the entry into force of the MLC, 2006. In this respect, the Committee recalls that Standard A3.1, paragraph 21, provides that any exemptions with respect to the requirements of Standard A3.1 may be made only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to indicate how it ensures that any exemptions granted in application of Marine Notice 12-019 are limited to those permitted in Standard A3.1.

Regulation 4.1, paragraph 3. Access to medical facilities on shore for seafarers on board ships in the Palauan territory who are in need of immediate medical care. The Committee notes that no information is available on the implementation of this Regulation which provides coastal and port States with responsibilities for ensuring that seafarers on board ships voyaging in their waters or visiting their ports who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to indicate how effect is being given to Regulation 4.1, paragraph 3.

Standard A4.1, paragraph 2. Standard medical report form. The Committee notes that, while paragraph 7.16(a)(6) of the Maritime Regulations provides for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers, the Government has not provided an example of such document, as requested in the report form. The Committee requests the Government to indicate whether the competent authority has adopted a standard medical report form, as required in this Standard; and, in the affirmative, to provide an example.

Standard A4.1, paragraph 4(d). Medical advice to be provided, free of charge, 24 hours a day to all ships. The Committee notes that the Government’s report does not provide information on the implementation of this Standard which refers to services to be provided “to all ships irrespective of the flags that they fly” and is therefore an obligation directed to coastal States (as is the case of Palau). The Committee requests the Government to indicate how it gives effect to its obligation to provide for a system using satellite or radio or similar forms of communication to provide medical advice, free of charge, 24 hours a day to all ships, as required by Standard A4.1, paragraph 4(d).

Standard A4.2, paragraph 1(b). Compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. The Committee notes that paragraph 7.17(d)–(h) of the Maritime Regulations provides for such compensation. However, it notes that commencement and termination of the shipowner’s obligation to provide the benefit of compensation in the event of the death or long-term disability of seafarers is related to the signing on and off the Shipping Articles. Since paragraph 7.27(b)(3) of the Maritime Regulations indicates that any of the hotel staff is not required to sign Shipping Articles, this category of seafarers may be excluded from the benefits of compensation under Regulation 7.17. The Committee therefore requests the Government to explain how it ensures that all seafarers benefit from the protection provided for in Standard A4.2, paragraph 1(b).

Standard A4.2, paragraph 5. Possible exclusion of the shipowner’s liability. The Committee notes that paragraph (c)(4) of section 836 of Title 7 of the PNC provides for an exception to seafarers’ entitlement to the corresponding benefits in cases of sickness or injury when the seafarer refuses medical treatment for such sickness or injury or is denied such treatment because of misconduct or default. The Committee notes that, as a consequence to this exception, shipowners would not be liable to bear costs in such cases. Since this exception does not correspond to a possible exclusion of the shipowner’s liability in Standard A4.2, paragraph 5, the Committee requests the Government to explain how it gives full effect to this provision of the Convention.

Regulation 4.5, paragraph 2. Branches of social security. The Committee recalls that Regulation 4.5, paragraph 2, provides that each Member undertakes to take steps, according to its national circumstances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers. The Committee notes that, at the time of ratification, the Government has specified the following branches of social security: medical care, old-age benefit and survivors’ benefit. The Committee requests the Government to provide information on steps taken to extend protection to other branches, paying particular attention to the sickness and employment injury benefits since those branches are listed in Guideline B4.5, paragraph 1.

Standard A4.5, paragraph 6. Comparable social security benefits for seafarers in the absence of adequate coverage. The Committee notes that subchapter 7.20 (social security) of the Maritime Regulations mainly describes the requirements of the Convention, without indicating the manner in which Palau will ensure its effective application. Moreover, the Committee notes the Government’s indication that that there are no ordinarily resident seafarers in Palau and that it has not adopted any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate security coverage. The Committee recalls that although the primary obligation rests with the Member in which the seafarer is ordinarily resident, Standard A4.5, paragraph 6, provides that Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to explain how it will ensure effective implementation of Standard A4.5, and in particular to provide information on any measures adopted to give effect to Standard A4.5, paragraph 6.

Standard A5.1.2, paragraphs 1 and 3. Authorization of recognized organizations. The Committee notes that paragraph 7.22(b) of the Maritime Regulations provides that recognized organizations, surveyors and inspectors may be authorized, on a case-by-case basis, by the Ship Registry Administrator to perform inspections or to issue the Maritime Labour Certificates or to do both. The Committee recalls that Standard A5.1.2 provides for the competent authority to review the competency and independence of the organization to be recognized (paragraph 1) and for the establishment of a system to ensure the adequacy of work performed by recognized organizations, which includes information on all applicable national laws and regulations and relevant international instruments (paragraph 3(a)), as well as procedures for communication with and oversight of such organizations (paragraph 3(b)). It requests the Government to provide information on how effect is given, in the case provided for in paragraph 7.22(b) of the Maritime Regulations, to the specific requirements of Standard A5.1.2, paragraphs 1 and 3, taking into account the corresponding Guideline B5.1.2.

Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Status and conditions of service of inspectors. The Committee recalls that this Standard provides for measures to be adopted to guarantee that inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences. It notes that the Government indicates that Flag Inspectors shall be in compliance with the requirements of the Palau Flag Administration and each Inspector is approved and authorized after careful review of its credentials, experience, and professional endeavours. The Committee therefore requests the Government to specify the content of the requirements to which it refers and which would ensure conformity with the provisions of paragraphs 3, 6, 11(a) and 17 of Standard A5.1.4.

Standard A5.1.4, paragraph 7(c). Power of the inspectors. The Committee notes that paragraph 7.24(a)(1) of the Maritime Regulations provides that, where there are grounds to believe that deficiencies constitute a serious breach of the MLC, 2006, (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, an inspector shall, with the authorization of the Ship Registry Administrator, prohibit a vessel from leaving port until necessary corrective actions are taken. The Committee recalls that Standard A5.1.4, paragraph 7(c) does not subject this power of the inspector to any previous authorization. It requests the Government to indicate the measures taken to ensure that the inspector is empowered to take any measures provided for in this Standard, including to prohibit a ship from leaving port until necessary actions are taken.

Standard A5.1.4, paragraph 11(b). Obligations of the inspectors and sanctions. The Committee recalls that this Standard provides that inspectors shall, subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties. The Committee notes the Government’s indication that the Palau Ship Registry has the procedures to keep complaints confidential. In the absence of more specific information, the Committee requests the Government to indicate how effect is given to this provision, including what sanctions may be imposed in case of breach of these obligations.

Standard A5.1.4, paragraph 16. Compensation in case of wrongful exercise of the inspectors’ powers. The Committee recalls that this Standard provides that compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant. It notes that the Government indicates that Palau does not have provisions on this matter but that such provisions will be developed as a result of this report. The Committee requests the Government to provide information on any measures taken in this respect.

Regulation 5.1.6, paragraphs 1 and 2. Marine casualties. The Committee notes that, according to paragraphs 6.3(a)(1) and (3) of the Maritime Regulations, the Ship Registry Administrator shall conduct a full investigation of a marine casualty only when such casualty is classified as a very serious marine casualty. For a less serious casualty, the Ship Registry Administrator may conduct an office-based investigation by correspondence and telephone to seek further details on the accident and may proceed to conduct a full investigation if there are important lessons to be learned. Since a very serious casualty means a casualty to a vessel which involves total loss of the ship, loss of life, or severe pollution, as defined in paragraph 6.1(h) of the Maritime Regulations, the Committee concludes that an official inquiry would only be optional for the Ship Registry Administrator in the case of serious marine casualty leading to injury. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall 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 final report of an inquiry shall normally be made public. Members shall cooperate with each other to facilitate the investigation of serious marine casualties. The Committee requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury.

[The Government is asked to reply in full to the present comments in 2018.]