Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repatriation of Seamen Convention, 1926 (No. 23) - Djibouti (Ratification: 1978)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.