Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Djibouti (Ratification: 1978)

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

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. 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:

Repetition

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Code of Maritime Affairs, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Code of Maritime Affairs so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Code of Maritime Affairs, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workers’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Code of Maritime Affairs does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. 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:

Repetition

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Shipping Code, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Shipping Code so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Shipping Code, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Shipping Code does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including statistics for the next reporting period relating to: (1) the total number of seafarers serving on vessels covered by the Convention; (2) the number of seafarers who have been assisted pursuant to the provisions of the Convention, distinguishing if possible between persons left ashore in the territory of Djibouti and those left ashore elsewhere, and also between occupational accidents and diseases, on the one hand, and other accidents and diseases, on the other; and (3) the total expenditure incurred by shipowners in respect of their liability.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which establishes an up-to-date and comprehensive legislative framework for regulating seafarers’ living and working conditions, promotes the creation of a level playing field for shipowners, and reproduces, in Regulation 4.2, Standard A4.2 and Guideline B4.2, the principal rules laid down by Convention No. 55. The Committee requests the Government to keep the Office informed of any decisions taken in this respect.

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

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Shipping Code, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2, paragraph 5(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Shipping Code so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – sickness insurance. The Committee notes that, under section 139 of the Shipping Code, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Shipping Code does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2, paragraph 7, of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including statistics for the next reporting period relating to: (1) the total number of seafarers serving on vessels covered by the Convention; (2) the number of seafarers who have been assisted pursuant to the provisions of the Convention, distinguishing if possible between persons left ashore in the territory of Djibouti and those left ashore elsewhere, and also between occupational accidents and diseases, on the one hand, and other accidents and diseases, on the other; and (3) the total expenditure incurred by shipowners in respect of their liability.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which establishes an up-to-date and comprehensive legislative framework for regulating seafarers’ living and working conditions, promotes the creation of a level playing field for shipowners, and reproduces, in Regulation 4.2, Standard A4.2 and Guideline B4.2, the principal rules laid down by Convention No. 55. The Committee requests the Government to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. 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:

The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4. Medical care. Under section 140 of the Shipping Code, a seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5. Cash benefits. Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations, from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be 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. Property left on board. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4. Medical care. Under section 140 of the Shipping Code, a seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5. Cash benefits. Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations, from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be 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. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. 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:

With reference to its previous comments, the Committee notes from the information supplied by the Government in its last report that the legislative measures necessary to give effect to the provisions of Articles 4, 5 and 8 of the Convention have not been taken. It also notes that the regulations to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4 (medical care). Under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains 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 to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5 (cash benefits). Also under section 140 of the Shipping 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 the wages in whole or in part as prescribed by national laws or regulations from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be 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. In reply to the Committee’s previous comment that the national legislation on shipping contains no provision to give effect to this Article of the Convention, the Government states that it plans to take account of the provisions of this Article in the context of the revision of labour laws and regulations that it hopes to undertake with ILO assistance. The Committee takes note of this information and asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous comments, the Committee notes from the information supplied by the Government in its last report that the legislative measures necessary to give effect to the provisions of Articles 4, 5 and 8 of the Convention have not been taken. It also notes that the regulations to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4 (medical care).  Under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains 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 to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5 (cash benefits).  Also under section 140 of the Shipping 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 the wages in whole or in part as prescribed by national laws or regulations from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be 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.  In reply to the Committee’s previous comment that the national legislation on shipping contains no provision to give effect to this Article of the Convention, the Government states that it plans to take account of the provisions of this Article in the context of the revision of labour laws and regulations that it hopes to undertake with ILO assistance. The Committee takes note of this information and asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret 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.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include 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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the third time the Government's report has not been received. 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.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the third time, the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the second time the Government's report has not been received. 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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the the Government's report has not been received. 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 notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes, from the Government's report, that no progress has been achieved in the implementation of the Convention and that the regulations to be issued under Act No. 212/AN/82 have not yet been adopted. It is therefore bound to renew its previous comments, which concerned the following points:

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 notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. 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:

1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:

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.

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 is 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. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.

2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:

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.

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 is 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. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.

2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.