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

Repatriation of Seamen Convention, 1926 (No. 23) - Mauritania (Ratification: 1963)

Article 5(2) of the Convention. Remuneration. The Committee notes that Act No. 95-009 of 31 January 1995 instituting the Merchant Navy Code does not contain any provision ensuring that seafarers repatriated as members of a ship’s crew are entitled to remuneration for work done during the voyage, as required by this Article of the Convention. The Committee requests the Government to state whether such payment is provided for under national legislation and, if so, to indicate the relevant provision.

Article 6. Responsibility of the public authority. The Committee notes that, under section 386 of the aforementioned Act No. 95-009, the cost of repatriating seafarers is covered by the State when they are disembarked to face court action or to serve a sentence. The Committee recalls in this respect that the Convention stipulates that the public authority of the country in which the vessel is registered is responsible for supervising the repatriation of crew members in cases where the Convention applies, whatever may be their nationality and, where necessary, for giving them their expenses in advance. The Committee therefore requests the Government to indicate the laws or regulations that give effect to this provision of the Convention. The Committee further recalls that this Article of the Convention is currently reflected in similar terms in Standard A2.5(5)(a) of the Maritime Labour Convention, 2006 (MLC, 2006). Recalling that Regulation 2.5, Standard A2.5 and Guideline B2.5 of the MLC, 2006, contain the most up-to-date and detailed provisions regarding the repatriation of seafarers, the Committee invites the Government to provide information on any measure that has been taken or is being contemplated to ratify that Convention.

Part V of the report form. Practical application. The Committee requests the Government, in its next report, to provide up-to-date information on the manner in which the Convention is applied, such as statistics on the number of seafarers covered by the Convention, excerpts from official reports and details of any practical problems of implementation that may have been encountered in applying the Convention.