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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine Conventions Nos 22, 23, and 108 together.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, and 108 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22 and 23 and requested the Office to encourage once again the Member States which have already ratified the MLC, 2006 but remain bound by Conventions Nos 22 and 23 in respect of non-metropolitan territories, to extend the application of the MLC, 2006 to those territories and to encourage Member States that are still bound by Convention No. 108 to ratify the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee, therefore, encourages the Government to consider extending the application of the MLC, 2006 to Anguilla as well as ratifying Convention No. 185 and extending its application to Anguilla.

Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session ( GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–6 of the Convention. Conditions for signing and content of the articles of the agreement. In its previous comments, the Committee requested the Government to indicate the measures taken to give effect to these provisions of the Convention. The Committee notes that, in its report, the Government states that (1) Anguilla currently does not have registered vessels of more than 100 tons or 300 cubic metres; (2) according to the Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order, Anguilla is a Category 2 Shipping Registry under the United Kingdom and therefore, as a general rule, may not register vessels exceeding 150 gross tonnage; (3) the Small Commercial Vessels Regulations implement the Code of Safety for Small Commercial Vessels Operating in the Caribbean published by the International Maritime Organization (IMO); and (4) the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020 are relevant in this context. The Committee observes, however, that the aforementioned Regulations do not contain any provisions on the seamen’s articles of agreements and that the Act mentioned by the Government does not contain specific provisions giving effect to the Convention. Recalling that only ships of less than 100 gross tonnage may be excluded from the application of the Convention, the Committee requests the Government to indicate the measures taken to give full effect to Articles 3 to 6. The Committee further requests the Government to provide information on any development concerning the number and tonnage of ships registered in Anguilla.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3–6. Entitlement to repatriation. In its previous comments, the Committee requested the Government to indicate the measures taken to give effect to these provisions of the Convention. The Committee notes the Government’s reference to the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020, which, however, do not contain any provisions on repatriation. Likewise, the Committee notes the Government’s indication that the Small Commercial Vessels Regulations implement the Code of Safety for Small Commercial Vessels Operating in the Caribbean published by the IMO. The Committee observes, however, that the aforementioned Regulations do not contain any provisions on repatriation. In light of the above, the Committee once again requests the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6. Permission to enter a territory. In its previous comments, the Committee requested the Government to indicate how it ensures compliance with Article 6. The Committee notes that the Government refers to the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020 and other national provisions which, however, do not give effect to Article 6. The Committee once again recalls that, according to Article 6, each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port. The Committee once again requests the Government to indicate how it gives effect to this requirement of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s reports on the application of the maritime Conventions contain no reply to its previous comments. It hopes that the next reports will contain full information on the matters raised in its previous direct requests. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes that, based on the recommendations adopted by the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), in the framework of the review of maritime related instruments, the Governing Body has decided that member States having ratified the MLC, 2006, and still bound by Conventions Nos 22 and 23 in respect of non metropolitan territories, should be encouraged to extend the application of the MLC, 2006, to such territories (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any further developments concerning the extension of the application of the MLC, 2006, to Anguilla.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–6 of the Convention. Conditions for signing and content of the articles of the agreement. The Committee noted in its previous comments 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 ship” as a ship registered under the law of a relevant British possession. It also noted that section 1(3) of the Merchant Shipping Act 1995 defines “United Kingdom ship” separately to mean a ship registered in the United Kingdom. However, the Committee has also noted that section 25 of the Merchant Shipping Act, which regulates crew agreements, only refers to persons employed as seamen on a “United Kingdom ship”. The Committee therefore requests once again the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3–6 of the Convention. Entitlement to repatriation. The Committee noted in its previous comments 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 noted that section 1(3) of the Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. However, the Committee has already noted 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. Therefore, the Committee again requests the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6. Permission to enter a territory. The Committee requested in its previous comments that the Government indicates how the requirements of this Article of the Convention are complied with. It notes that the Government’s last report provides no information in this regard. The Committee recalls that according to Article 6, each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port. If the seafarer’s identity document contains space for appropriate entries, each Member shall also permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document when entry is requested for the purpose of: (a) joining his ship or transferring to another ship; (b) passing in transit to join his ship in another country or for repatriation; or (c) any other purpose approved by the authorities of the Member concerned. The Committee therefore once again requests the Government to indicate how it gives effect to Article 6 of the Convention.

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

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 3–6 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 requests the Government to provide clarification 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.

Practical application. The Committee requests the Government to provide 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.

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

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.

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

The Committee takes note of the extension to Anguilla of the United Kingdom Merchant Shipping Act, 1995, which meets the requirements of this Convention. The Committee would be grateful if the Government would provide information in its next report on any developments regarding the application of the Convention in Anguilla.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

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

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:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

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

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:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

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

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 reads as follows:

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

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

Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.

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

With reference to its previous direct request, the Committee notes from the Government's report that the local authorities are currently studying the possibility of adopting legislation similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat. Although no cases of repatriation have been indicated during the period covered by the report, the Committee hopes that measures will be taken in the near future in order to give effect to the Convention at the legislative level.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes from the Government's first report that no legislation has been made in Anguilla pertaining to this Convention but that a draft Merchant Shipping Bill put forward for consideration by Caribbean countries at a meeting sponsored by the Caribbean Law Institute contains provisions relating to the repatriation of seamen which would meet the obligations under this Convention. The Committee hopes that the Government will report on progress in legislative action to give effect to the Convention and also indicate the manner in which the Convention is applied in practice.