Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Djibouti (Ratification: 1978)

The Committee notes 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:

With reference to its previous direct request, the Committee notes from the Government's report that its comments will be taken into account in the preparation of the texts that will be issued to apply the Maritime Code. The Committee recalls that these comments concerned, in the first place, the need to give effect to Article 5, paragraph 2 (regarding the prohibition of the statement concerning wages), Article 6, paragraph 3, subparagraphs 1-4, 7, 8 and 11, Article 9, paragraph 2, and Articles 13 and 14 of the Convention and also the following points:

Article 9, paragraphs 1 and 3. Under section 127, subsection 3, of the Maritime Code, the seaman is prohibited from disembarking abroad without the authorisation of the maritime authority. Under these provisions of the Convention, the seaman may, provided that the specified notice has been given, terminate an agreement for an indefinite period in any port where the vessel loads or unloads (paragraph 1), unless there are exceptional circumstances, which must be determined by national law (paragraph 3). The Committee expresses once again the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Articles 11 and 12. Please indicate the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect.