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

Repatriation of Seamen Convention, 1926 (No. 23) - Anguilla

Articles 3–6 of the Convention. Entitlement to repatriation. The Committee notes the Government’s indication that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 1(3) of the Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. The Committee further notes that section 73 of the Merchant Shipping Act, which implements the basic requirements of the Convention, refers only to persons employed as seafarers on United Kingdom ships. The Committee would therefore appreciate receiving the Government’s clarifications as to how it is ensured that the provisions of the UK Merchant Shipping Act of 1995 relating to repatriation and any relevant regulations are applied to ships registered in Anguilla.

Part V of the report form. Practical application. The Committee would be grateful if the Government would provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of seafarers covered by the relevant legislation, inspection results, copies of relevant clauses in applicable collective agreements, and extracts from official reports and information on any practical difficulties in the application of the Convention.

Finally, the Committee recalls that Conventions Nos 23 and 166 regarding repatriation of seafarers together with 35 other international labour Conventions are revised by the Maritime Labour Convention, 2006 (MLC, 2006), which sets out more detailed and up-to-date repatriation standards in Regulation 2.5, Standard A2.5 and Guideline B2.5. The Committee accordingly requests the Government to keep the Office informed of any progress made towards the effective implementation of the MLC, 2006.