Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 recalls that the last report contained no reply to its previous comments. 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:

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 (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

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 has 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. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.