Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Anguilla

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3 and 6 of the Convention. Conditions for signing and content of articles of agreement. 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 Merchant Shipping Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. The Committee further notes that section 25 of the Merchant Shipping Act, which regulates crew agreements, only refers to persons employed as seamen on United Kingdom ships. The Committee therefore asks the Government to clarify how it is ensured that the provisions of the UK Merchant Shipping Act of 1995 regarding crew agreements and related regulations are applied to ships registered in Anguilla.

In addition, the Committee notes that neither the Merchant Shipping Act of 1995 nor the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991 and the Merchant Shipping Notice M. 1498 contain specific provisions to ensure that seafarers and their advisers are given reasonable facilities to examine the articles of agreement before signing them (Article 3(1)). The Committee therefore requests the Government to indicate the measures taken to effectively implement this requirement of the Convention.

Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, any standard form of crew agreement and discharge document currently in use, sample copies of seafarers’ employment agreements, copies of applicable collective agreements and inspection results showing any infringements observed and action taken.