Repatriation of Seafarers Convention (Revised), 1987 (No. 166) - Guyana (Ratification: 1996)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(4) of the Convention. Definition of the term “seafarer”. In its previous comments, the Committee observed that the provisions of the Shipping Act (No. 7 of 1998) on repatriation apply to seamen – as defined in section 2 of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalled that the Convention applies to any person employed in any capacity on board a seagoing ship and requested the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation. The Committee notes that the Government’s report contains no reply to its previous comments. Therefore, the Committee requests the Government, once again, to adopt the necessary measures, without delay, to ensure that all seafarers covered by the Convention including masters and apprentices are entitled to repatriation under its terms and conditions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 1(4) of the Convention. Definition of the term “seafarer”. The Committee has been drawing the Government’s attention to the provisions of the Shipping Act (No. 7 of 1998) on repatriation which apply to seamen – as defined in section 2 of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalls that the Convention is meant to apply to any person employed in any capacity on board a seagoing ship. The Committee accordingly requests the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation and to provide information on any progress made.

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

The Committee notes with concern 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

Article 1(4) of the Convention. Definition of the term “seafarer”. The Committee has been drawing the Government’s attention to the provisions of the Shipping Act (No. 7 of 1998) on repatriation which apply to seamen – as defined in section 2 of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalls that the Convention is meant to apply to any person employed in any capacity on board a seagoing ship. The Committee accordingly requests the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation and to provide information on any progress made.

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

The Committee notes with regret 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

Article 1(4) of the Convention. Definition of the term “seafarer”. The Committee has been drawing the Government’s attention to the provisions of the Shipping Act (No. 7 of 1998) on repatriation which apply to seamen – as defined in section 2(2)(q) of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalls that the Convention is meant to apply to any person employed in any capacity on board a seagoing ship and further recalls also that the term “seafarer” is defined in practically identical terms in Article II(1)(f) of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 166. The Committee accordingly requests the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation and to provide information on any progress made.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1(4) of the Convention. Definition of the term “seafarer”. The Committee has been drawing the Government’s attention to the provisions of the Shipping Act (No. 7 of 1998) on repatriation which apply to seamen – as defined in section 2(2)(q) of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalls that the Convention is meant to apply to any person employed in any capacity on board a seagoing ship and further recalls also that the term “seafarer” is defined in practically identical terms in Article II(1)(f) of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 166 as well as 36 other international maritime labour Conventions, and which contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 the most up-to-date provisions on seafarers’ entitlement to repatriation. The Committee accordingly requests the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation and to keep the Office informed of any progress made. In addition, the Committee notes that ensuring compliance with Convention No. 166 would facilitate the implementation of the corresponding requirements of the MLC, 2006, and therefore strongly encourages the Government to take appropriate steps towards the early ratification and effective implementation of the MLC, 2006.

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

Article 1(4) of the Convention. Definition of the term “seafarer”. The Committee has been drawing the Government’s attention to the provisions of the Shipping Act (No. 7 of 1998) on repatriation which apply to seamen – as defined in section 2(2)(q) of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalls that the Convention is meant to apply to any person employed in any capacity on board a seagoing ship and further recalls also that the term “seafarer” is defined in practically identical terms in Article II(1)(f) of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 166 as well as 36 other international maritime labour Conventions, and which contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 the most up-to-date provisions on seafarers’ entitlement to repatriation. The Committee accordingly requests the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation and to keep the Office informed of any progress made. In addition, the Committee notes that ensuring compliance with Convention No. 166 would facilitate the implementation of the corresponding requirements of the MLC, 2006, and therefore strongly encourages the Government to take appropriate steps towards the early ratification and effective implementation of the MLC, 2006.

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

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

Article 1(4) of the Convention. Definition of “seafarer”. In its previous comments the Committee noted that the term “seaman” in the Shipping Act did not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons did not appear to be entitled to repatriation, because sections 188–213 of the Shipping Act are applicable only to “seamen”. It asked the Government to take all necessary measures to give full effect to this provision of the Convention. In response to these comments, the Government reports that the definition of “seaman” includes the master, except while the ship is in port. In the light of this information received from the Government, apprentices continue to be excluded from repatriation under the Shipping Act. Furthermore, as the Government informs, the Act applies to masters only while at sea. This implies that a master is still excluded from repatriation under the Shipping Act when in port. The Committee once again points out that the term “seafarer” in the Convention means any person who is employed in any capacity on board a seagoing ship, be it in port or at sea, and thus has the right to repatriation under the conditions set out in the Convention. The Committee again urges the Government to take all necessary measures to amend the national legislation in order to give full effect to the requirements of Article 1(4) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 1(4) of the Convention. Definition of “seafarer”. In its previous comments the Committee noted that the term “seaman” in the Shipping Act did not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons did not appear to be entitled to repatriation, because sections 188–213 of the Shipping Act are applicable only to “seamen”. It asked the Government to take all necessary measures to give full effect to this provision of the Convention. In response to these comments, the Government reports that the definition of “seaman” includes the master, except while the ship is in port. In the light of this information received from the Government, apprentices continue to be excluded from repatriation under the Shipping Act. Furthermore, as the Government informs, the Act applies to masters only while at sea. This implies that a master is still excluded from repatriation under the Shipping Act when in port. The Committee once again points out that the term “seafarer” in the Convention means any person who is employed in any capacity on board a seagoing ship, be it in port or at sea, and thus has the right to repatriation under the conditions set out in the Convention. The Committee again urges the Government to take all necessary measures to amend the national legislation in order to give full effect to the requirements of Article 1(4) of the Convention.

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 Guybulk Shipping is no longer in existence.

Article 1, paragraph 4, of the Convention. Definition of “seafarer”. In its previous comments the Committee noted that the term “seaman” in the Shipping Act did not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons did not appear to be entitled to repatriation, because sections 188–213 of the Shipping Act are applicable only to “seamen”. It asked the Government to take all necessary measures to give full effect to this provision of the Convention.

In response to these comments, the Government reports that the definition of “seaman” includes the master, except while the ship is in port.

In the light of this information received from the Government, apprentices continue to be excluded from repatriation under the Shipping Act. Furthermore, as the Government informs, the Act applies to masters only while at sea. This implies that a master is still excluded from repatriation under the Shipping Act when in port.

The Committee once again points out that the term “seafarer” in the Convention means any person who is employed in any capacity on board a seagoing ship, be it in port or at sea, and thus has the right to repatriation under the conditions set out in the Convention. The Committee again urges the Government to take all necessary measures to adjust the national legislation and to give full effect to the requirements of Article 1, paragraph 4, of the Convention.

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

The Committee notes from the Government’s report that Guybulk Shipping is no longer in existence.

Article 1, paragraph 4, of the Convention. Definition of “seafarer”. In its previous comments the Committee noted that the term “seaman” in the Shipping Act did not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons did not appear to be entitled to repatriation, because sections 188-213 of the Shipping Act are applicable only to “seamen”. It asked the Government to take all necessary measures to give full effect to this provision of the Convention.

In response to these comments, the Government reports that the definition of “seaman” includes the master, except while the ship is in port.

In the light of this information received from the Government, apprentices continue to be excluded from repatriation under the Shipping Act. Furthermore, as the Government informs, the Act applies to masters only while at sea. This implies that a master is still excluded from repatriation under the Shipping Act when in port.

The Committee once again points out that the term “seafarer” in the Convention means any person who is employed in any capacity on board a seagoing ship, be it in port or at sea, and thus has the right to repatriation under the conditions set out in the Convention. The Committee again urges the Government to take all necessary measures to adjust the national legislation and to give full effect to the requirements of Article 1, paragraph 4, of the Convention.

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

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:

Article 1, paragraph 4, of the Convention. In its previous comments the Committee noted that two categories of people, namely masters and apprentices, did not appear to be entitled to repatriation, and asked the Government to take all necessary measures to give full effect to this provision of the Convention. It notes the Government’s response that this exclusion will be brought to the attention of the relevant authority. The Committee hopes that the Government will be in a position to report on progress made in the near future and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of Article 1, paragraph 4, of the Convention.

Please also provide a copy of the collective agreement between Guybulk Shipping and Guyana Labour Union.

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:

Article 1, paragraph 4, of the Convention. In its previous comments the Committee noted that two categories of people, namely masters and apprentices, did not appear to be entitled to repatriation, and asked the Government to take all necessary measures to give full effect to this provision of the Convention. It notes the Government’s response that this exclusion will be brought to the attention of the relevant authority. The Committee hopes that the Government will be in a position to report on progress made in the near future and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of Article 1, paragraph 4, of the Convention.

Please also provide a copy of the collective agreement between Guybulk Shipping and Guyana Labour Union.

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

Article 1, paragraph 4, of the Convention. In its previous comments the Committee noted that two categories of people, namely masters and apprentices, did not appear to be entitled to repatriation, and asked the Government to take all necessary measures to give full effect to this provision of the Convention. It notes the Government’s response that this exclusion will be brought to the attention of the relevant authority. The Committee hopes that the Government will be in a position to report on progress made in the near future and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of Article 1, paragraph 4, of the Convention.

Please also provide a copy of the collective agreement between Guybulk Shipping and Guyana Labour Union.

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention. Please clarify whether the Minister may use his powers under section 453 of the Guyana Shipping Act to modify the application of the provisions of the Act governing repatriation to a ship, class or description of ships or to exempt them from the repatriation requirements.

Article 1, paragraph 2. Please clarify whether the provisions of sections 188-213 of the Shipping Act are applicable to fishing vessels.

Article 1, paragraph 3. Please provide information on the consultations which may have taken place in accordance with this paragraph.

Article 1, paragraph 4. The Committee notes that while the term "seafarer" in the Convention means any person who is employed in any capacity on board a seagoing ship, the term "seaman" in the Shipping Act does not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons do not appear to be entitled to repatriation, because sections 188-213 of the Shipping Act are applicable only to "seamen". The Committee trusts that the Government will take all necessary measures to give full effect to this provision of the Convention.

Article 2, paragraph 1(e). Please clarify whether a seaman has the right to be repatriated in the event of the shipowner not being able to continue to fulfil his or her legal or contractual obligations as an employer of the seaman by reason of bankruptcy, change of ship’s registration or any other similar reason.

Article 2, paragraph 1(f). Please indicate whether the term "war zone" is defined in the collective agreements and whether a seaman has the right to ask for repatriation in the event of a ship is going to a war zone to which a seaman does not consent to go.

Article 3, paragraph 2. The Committee asks the Government to clarify whether a seaman has the right to choose from among the prescribed destinations the place to which he or she is to be repatriated as required under Article 3(2) of the Convention and, if so, which are the specific provisions of national laws, regulations or collective agreements providing for such right.

Article 4, paragraph 1. The Committee asks the Government to clarify whether the owner, master or agent has the duty not only to defray all expenses incurred for the return of a seaman, but also to arrange for repatriation; and to indicate specific provisions of national laws, regulations or collective agreements prescribing that the normal mode of transport be by air.

Article 4, paragraph 4(d). Please indicate whether national laws, regulations or collective agreements give effect to this provision of the Convention.

Article 5, paragraph (a). Please clarify whether there is an explicit duty of the competent authority to arrange and meet the cost of repatriation in cases indicated in section 206(1) of the Shipping Act.

Articles 6, 7 and 12. The Committee asks the Government to indicate how effect is given to these provisions of the Convention.

Article 10. Please indicate whether and, if so, how this provision of the Convention is applied in practice.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Guyana.

The Committee also asks the Government to provide a copy of the collective agreement between Guybulk Shipping and Guyana Labour Union.