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

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - 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:

1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation.

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.

2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.