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

Repatriation of Seamen Convention, 1926 (No. 23) - Uruguay (Ratification: 1933)

Article 4 of the Convention. Entitlement to repatriation. The Committee recalls that the Convention provides that the expenses of repatriation shall not be a charge on the seafarer if he or she has been left behind by reason of, among others, shipwreck. However, the Committee understands that, in the event of shipwreck, national legislation only provides for the circumstances under which accrued salaries or special benefits may be paid to crew members, under sections 1179 to 1184 of the Commercial Code. The Committee requests the Government to provide additional explanations on this point. In this respect, the Committee draws the Government’s attention to the fact that a similar requirement has been incorporated in Standard A2.5(1)(b)(ii) and (c), and Guideline B2.5.1(1) of the Maritime Labour Convention, 2006 (MLC, 2006), which provides that seafarers are entitled to repatriation when they terminate their employment agreement for justified reasons or when they are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.

Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including, for instance, available statistics, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee recalls that the MLC, 2006, contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 up-to-date and detailed requirements on repatriation that revise existing standards set out in Conventions Nos 23 and 166. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.