Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) - Uruguay (Ratification: 1977)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite International Standards Group. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. The Committee requested information from the Government on the repatriation of seafarers in the event of shipwreck. It notes that the Government refers to section 12 of Act No. 16.387 of 27 June 1993 and section 13 of Decree No. 426/994 of 20 September 1994, on merchant ships and the right to fly the national flag. The Committee observes, however, that although these provisions require merchant ships flying the national flag to transport shipwrecked seafarers free of charge, the legislation does not guarantee the right of seafarers to repatriation in the event of shipwreck. The Committee accordingly asks the Government once again to indicate the measures taken to give effect to Article 4 of the Convention.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Articles 3–5 of the Convention. Compulsory medical certificate. The Committee previously noted the absence of any regulatory provisions on special health cards for seafarers that give effect to the provisions of the Convention, and requested the Government to send information on progress made in this regard. The Committee notes with satisfaction the adoption of Maritime Provision No. 162/016 of 15 April 2016 on the maritime health certificate, which responds to its earlier requests regarding seafarers’ medical certificates.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Articles 3 and 4 of the Convention. Legislation to ensure the application of the Convention. The Committee drew the Government’s attention to the absence of any laws ensuring the application of technical standards on the accommodation of crews laid down in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and in Part I of this Convention. The Committee notes with interest the adoption of Circular DIRME No. 014/16 of 29 September 2016, under which ships and floating structures must comply with ILO technical standards which are subject to inspection by the Technical Committee of the Registry and Merchant Marine Directorate (DIRME–COTEC).

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

Article 3 of the Convention. Crew accommodation requirements – Implementing legislation. The Committee has been drawing the Government’s attention since soon after the time of ratification of the Convention to the absence of laws or regulations implementing the specific technical standards set out in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92) and Part I of this Convention. The Committee notes with regret that despite the numerous comments, the Government has to date not been in a position to provide any explanations as to whether and how this Convention is applied in law and practice. In its last report, the Government states that there are no ships engaged in maritime navigation to which the Convention would apply whereas in earlier reports it had referred to passenger ferries of over 1,000 tons which make short journeys between Uruguay and Argentina. The Committee requests the Government to provide the necessary clarifications on the size and composition of its merchant fleet in the light of the information contained in the “World Fleet Statistics” of December 2009, which indicates that Uruguay has 129 vessels with a total tonnage of 109,279 tons. Furthermore, to the extent that seagoing ships of 1,000 or more tons are registered in Uruguay, the Committee asks the Government to indicate the measures it intends to take to ensure compliance with the detailed requirements of the Convention.

Finally, the Committee recalls that most of the provisions of Conventions Nos 92 and 133 concerning crew accommodation have been incorporated without significant changes in Regulation 3.1 and Standard A3.1 of the Maritime Labour Convention, 2006 (MLC, 2006), which apply only to vessels constructed on or after the date when the MLC, 2006, comes into force for the country concerned whereas for existing vessels the standards relating to ship construction and equipment that are set out in Conventions Nos 92 and 133 should continue to apply. The Committee would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the information communicated by the Government regarding the application of Article 5 of the Accommodation of Crews Convention (Revised), 1949 (No. 92), relating to the inspection mechanisms in force, and, in particular, Decree No. 500/991, concerning the general procedure for complaints to the central administration, containing provisions on the procedure for the filing and examination of complaints which have been transmitted by the Government. Furthermore, the Committee would like to draw the Government’s attention to the following point.

Article 3 of Convention No. 133. For a number of years now, the Committee has recalled that, according to this Article, “each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with: (a) the provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92); and (b) the provisions of Part II of this Convention”. Once again, the Government’s report fails to include information on this matter. The Committee therefore asks the Government, once again, to take the necessary steps to give effect to these provisions, and to provide, in its next report, detailed information on any progress made in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments the Committee expressed the hope that the Government would do everything possible to avoid delaying adoption of the measures needed to apply Article 4, paragraph 1, of the Convention (Articles 4-17 of Convention No. 92). It notes the Government’s response that so far the national legislation has not been amended. The Committee once again asks the Government to take all necessary measures in order to give effect to the above provisions and to provide information on any progress made in this respect, with specific reference to its previous comments:

The Committee noted from the Government’s Report, that no specific or complementary legislation has been adopted to give effect to: Article 1, paragraphs 3 and 5, Article 7 and Article 11, paragraph 5. The Committee noted furthermore that the Government has provided no information on the measures adopted or planned to give effect to Article 4, paragraph 1, of the present Convention (Articles 4-17 of Convention No. 92, in particular in relation to Article 8 of the latter).

With regard to Article 5(c) of Convention No. 92, the Committee noted that any complaints that might be made concerning the application of the Convention must be submitted to the National Naval Prefecture or the General Labour Inspectorate. The Committee requested the Government to provide details on the relevant procedure, including a copy of the relevant legislation.

Lastly, the Committee repeated its request to the Government to provide general information on how effect is given to the Convention and on the number of seafarers covered by the measures giving effect to the Convention (Part IV of the report form).

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

In its previous comments, the Committee indicated that the legislation supplied by the Government did not apply the provisions of this Convention, or those contained in Articles 4-17 of Convention No. 92, so as to comply with Article 4, paragraph 1, of the present Convention. The Committee asked the Government to provide information on a number of provisions and general information on the manner in which effect is given to the Convention (point IV of the report form).

The Committee notes the information given by the Government in its report to the effect that no specific and/or complementary legislation has been adopted to give effect to the following provisions: Article 1, paragraphs 3 and 5; Article 7; and Article 11, paragraph 5. The Committee notes furthermore that the Government has provided no information on the measures adopted or planned to give effect to Article 4, paragraph 1, of the present Convention (Articles 4-17 of Convention No. 92, in particular in relation to Article 8 of the latter). The Committee trusts that the Government will do everything possible to avoid delaying adoption of the measures needed to apply the aforementioned provisions of both Conventions.

With regard to Article 5(c) of Convention No. 92, the Committee notes that any complaints that might be made concerning the application of the Convention must be submitted to the National Naval Prefecture or the General Labour Inspectorate. The Committee requests the Government to provide details on the relevant procedure, including a copy of the relevant legislation.

Lastly, the Committee is obliged to repeat its request to the Government to provide general information on how effect is given to the Convention and on the number of seafarers covered by the measures giving effect to the Convention (point IV of the report form).

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

The Committee notes the Government's report which, for the most part, contains the same information as previously. However, it notes the information that the vessels of over 1,000 tonnes are passenger ferries which make short journeys between Uruguay and Argentina, which is why they are included in the exceptions provided for by the Convention. The Committee draws the Government's attention to the fact that there may only be exceptions to or departures from the provisions of the Convention in the case of seagoing vessels used for short journeys when: (a) members of the crew are able to go home or make use of comparable facilities for part of each day; (b) the competent authority has consulted the organizations of shipowners, shipowners, or both, and bona fide seafarers' organizations; and (c) account has been taken of the need for accommodation for staff not on duty (Article 1, paragraph 7(c), of the Convention). Furthermore, the Committee asks the Government to provide particulars of its merchant fleet in the light of the information contained in the "World Fleet Statistics" of Lloyds Register of December 1993, which indicates that Uruguay has 21 cargo vessels with a total tonnage of 120,358 tonnes.

The Committee refers to its previous comment in which it noted that the legislation sent with the Government's previous report did not apply the provisions of the present Convention.

The Committee draws the Government's attention to the requirement set out in Article 4, paragraph 1, of the Convention that each Member for which the present Convention is in force shall undertake to maintain in force laws or regulations which ensure its application. It would be grateful if in its next report the Government would state whether there is any legislation of this kind and, if so, provide a copy of it. Please also give detailed information on the measures taken to give effect to Articles 4 to 17 of Convention No. 92 (see Article 3 of the present Convention), with reference to Annex III of the report form. In particular, the Committee would be grateful if the Government would provide particulars of the procedure for submitting complaints to the competent authority (Article 5(c) of Convention No. 92) and indicate the measures taken or envisaged to establish standards for heating (Article 8 of Convention No. 92). Furthermore, as regards the present Convention, please provide information on the following points:

Articles 1, paragraph 3, and 5 to 7 of the Convention. Please provide the information required by the report form regarding these provisions of the Convention.

Article 4, paragraph 2. The Committee notes that the Technical Committee of the "Prefectura Nacional Naval" is the authority responsible for framing the prescriptions and rules to be complied with by shipowners in the construction and regular maintenance of vessels registered in the country, and for supervising compliance with international agreements (section 2(j) and (n) of the Regulations of the Technical Committee of the Registration Board and Merchant Marine, approved by Decree No. 302/983). The Committee would be grateful if the Government would provide particulars of any provisions adopted concerning consultations and cooperation with the parties concerned and on the operation of the inspection service as it relates to the application of the Convention.

Article 11, paragraph 5. The Committee notes the information to the effect that no standards have been fixed for natural and artificial lighting. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please provide general information on how effect is given to the Convention and state the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the general information contained in the Government's report, which answers only some of the specific questions in the report form. It also notes that the legislation supplied by the Government does not apply the provisions of this Convention. The Committee draws the Government's attention to the requirement set out in Article 4, paragraph 1, of the Convention, that each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure its application. It would be grateful if the Government would indicate in its next report whether there are any such laws and regulations and, if so, to provide a copy of them. Please also give particulars of the measures adopted to give effect to Articles 4 to 17 of Convention No. 92 (see Article 3 of the present Convention), and refer in this connection to annex III of the report form. In particular, the Committee would be grateful if the Government would give details of the procedure for submitting complaints to the competent authority (Article 5, paragraph (c), of Convention No. 92) and indicate the measures taken or contemplated to establish heating standards (Article 8 of Convention No. 92). With regard to the present Convention, please provide information on the following points:

Articles 1, paragraph 3, and 5 to 7, of the Convention. Please provide the information requested in the report form on these provisions of the Convention.

Article 4, paragraph 2. The Committee notes that the Technical Committee of the National Naval Prefecture is the authority responsible for framing the prescriptions and rules to be complied with by shipowners in the construction and regular maintenance of vessels registered in the country, and for supervising compliance with international agreements (section 2(j) and (n) of the Regulations of the Technical Committee of the Registration Board and Merchant Marine, approved by Decree No. 302/983). The Committee would be grateful if the Government would provide details of any provisions that have been adopted concerning consultations and cooperation with the parties concerned and on the operation of the inspection system as it relates to the application of the Convention.

Article 11, paragraph 5. The Committee notes the statement that no standards have been fixed for natural and artificial lighting. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please provide general information on how effect is given to the Convention and state the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee finds that the first report does not contain any information in reply to points I, II and IV of the report form adopted by the Governing Body. The Committee would be grateful if the Government would supply a list of the laws and regulations which apply the provisions of the Convention, and for each provision, detailed information on the respective measures which have been taken to give effect to it. It requests the Government in particular to supply the necessary details concerning the provisions of Parts II and III of Convention No. 92 (see Article 3 of this Convention).

[The Government is asked to report in detail for the period ending 30 June 1993.]