Maritime Labour Convention, 2006 (MLC, 2006) - Chile (Ratification: 2018)

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

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that Chile previously ratified four maritime labour Conventions, which have been denounced following the entry into force for Chile of the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 entered into force for Chile at the same time as the Convention and that the amendments to the Code approved in 2018 entered into force for Chile on 26 December 2020. The Committee notes the efforts made by the Government and the social partners to give effect to the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, 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.

Article I of the Convention. General questions of application. Implementing measures. The Committee notes that the Government, in consultation with the social partners and with technical assistance from the Office, carried out a gap analysis to identify the necessary legislative amendments to give effect to the Convention. In this regard, the Committee welcomes the adoption of Act No. 21.376 of 1 October 2021 “aligning the Labour Code to the Maritime Labour Convention of the International Labour Organization”, which will enter into force in April 2022 (Act No. 21.376 of 2021) and highlights the points set out below as necessary measures for achieving the full application of the Convention.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s reference to the Shipping Act and the Regulations of section 137 of the Shipping Act (Shipping Act). The Committee recalls that, in accordance with Article II, paragraphs 1(f) and 2, of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies and that, except as expressly provided otherwise, the Convention applies to all seafarers, including seafarers who perform tasks on board without being members of the ship’s crew, such as hotel and catering personnel. The Committee requests the Government to: (i) indicate whether and how the provisions which give effect to the Convention apply to seafarers who are not members of the ship’s crew, such as hotel and catering personnel; and (ii) confirm that all trainee crew members and officers who work on board are considered to be seafarers and enjoy the protection afforded by the Convention.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that: (i) section 131 of the Labour Code provides that the provisions respecting the seafarer’s agreement (contrato de embarco) for officers and crew members do not apply to workers on board “small ships” (naves menores), unless so agreed by the parties; and (ii) other national provisions do not apply, or apply only partially, to small ships, namely ships of 50 gross tonnes or less (section 4 of the Shipping Act). The Committee notes the information provided by the Government regarding the number of ships covered by the Convention. The Committee recalls that the Convention applies to all ships referred to in Article II, paragraph 4, without any limitation as to tonnage, provided that they are not excluded under Article II, paragraph 1(i). The Committee requests the Government to indicate the measures taken to apply the provisions of the Convention with respect to all ships covered by the Convention, including the “small ships” defined in section 4 of the Shipping Act. The Committee also requests the Government to provide detailed information on the number of ships flying the Chilean flag, distinguishing between the various existing categories.

Article V. Implementation and enforcement. The Committee notes the Government’s indication that DIRECTEMAR has been appointed as the competent authority for the MLC, 2006, for a period of five years. Recalling that Article V, paragraph 6, requires that each Member shall prohibit violations of the requirements of this Convention and establish sanctions or require the adoption of corrective measures, the Committee requests the Government to indicate the measures adopted in this respect.

Regulation 1.1 and Standard A1.1, paragraphs 1 and 4. Minimum age. Hazardous types of work. The Committee notes the Government’s indication that the legislation in force does not permit the recruitment or work on board ship of persons under 18 years of age. In this respect, section 4(A)(4) of Decree No. 1 of 2021 of the Ministry of Labour and Social Welfare classifies as hazardous work prohibited for persons under the age of 18 work performed on board ships or craft at sea, in rivers or lakes. The Committee notes that the Training Regulations do not specify an age requirement for trainee seafarers when they are on board ship. The Committee recalls that trainees are considered seafarers under the terms of the Convention (see Article II). The Committee requests the Government to indicate the minimum age for trainee seafarers on board ship and, if that age is below 18 years, to indicate how effect is given to Standard A1.1, paragraph 4, with respect to these persons.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that seafarers’ medical certificates are valid for two years (section 43 of the Training Regulations). Referring to its comments on trainee seafarers under Article II, the Committee recalls that for young persons under the age of 18, the maximum period of validity of the medical certificate shall be one year. The Committee requests the Government to indicate the manner in which effect is given to Regulation 1.2 and Standard A1.2 with respect to trainee seafarers.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to a further examination. The Committee notes that the model medical certificates annexed to the Training Regulations and the model medical certificate provided by the Government indicate that the persons who sign the certificate confirm that they have been informed of their right to request a revision of the certificate in accordance with the regulations in force. The Committee notes, however, that the Training Regulations do not establish clearly the right to a revision of the medical certificate or provide that the further examination shall be conducted by another independent medical practitioner or medical referee. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A1.2, paragraph 5.

Regulation 1.2 and Standard A1.2, paragraph 6. Medical certificate. Nature of the medical examination. The Committee notes that the model medical certificate for small ships annexed to the Training Regulations does not include an examination of colour vision or establish that “the seafarer concerned is not suffering from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board”, which is not in conformity with Standard A1.2, paragraph 6. Referring to its comments under Article II, paragraph 4, the Committee requests the Government to indicate the measures adopted to give effect to Standard A1.2, paragraph 6, with respect to the small ships covered by the Convention.

Regulation 1.2 and Standard A1.2, paragraph 8. Medical certificate. Period of validity. Exceptions. The Committee requests the Government to indicate the provisions that give effect to Standard A1.2, paragraph 8.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there are no private recruitment and placement services for seafarers in the country, nor any applicable regulations. The Committee requests the Government to provide information on any developments regarding the existence of private recruitment and placement services for seafarers based in Chile. It also requests the Government to indicate how seafarers working on board Chilean vessels are recruited.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of the seafarer and the shipowner or a representative of the shipowner. The Committee notes that the Government refers to sections 9, 98 and 102 of the Labour Code. The Committee notes that it is not clear from the provisions cited whether they give full effect to Standard A2.1, paragraph 1(a). The Committee requests the Government to confirm that all seafarers working on ships that fly the Chilean flag must have a seafarers’ employment agreement in writing signed by both the seafarer and the shipowner (or a representative).

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Termination of the agreement. Minimum notice periods. The Committee notes that the provisions of the Labour Code (sections 159 et seq.) respecting the termination of the labour contract, referred to by the Government, do not establish minimum notice periods for the termination of a seafarers’ employment agreement in accordance with the requirements of Standard A2.1, paragraph 5, nor do they take into account the specific characteristics of the work of seafarers and do not therefore give full effect to the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A2.1, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination of the agreement. Shorter notice period for urgent reasons. The Committee notes that, with regard to the requirement for shorter notice periods for urgent reasons, the Government refers to section 121 of the Labour Code, which provides for cases in which the employment contract may be terminated earlier with or without notice when the period of the contract has expired. The Committee requests the Government to indicate the manner in which, in accordance with Standard A2.1, paragraph 6, account has been taken of the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee requests the Government to provide information on the measures adopted to give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. The Committee notes that the Government refers to section 10 of the Labour Code and section 103, as amended by Act No. 21.376, as reflecting the requirements of Standard A2.1, paragraph 4. However, the Committee observes that neither the Labour Code nor the provisions of Act No. 21.376 appear to give effect to Standard A2.1, paragraph 4(g) (conditions for the termination of the employment agreement) and (j) (reference to the collective bargaining agreement). The Committee requests the Government to indicate the manner in which effect is given to Standard A2.1, paragraph 4(g) and (j).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7, and A2.2, paragraph 7. Seafarers’ employment agreement and wages. Captivity as a result of acts of piracy or armed robbery against ships. With reference to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined in the national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above questions, indicating in each case the applicable national provisions.

Regulation 2.2 and the Code. Wages. The Committee notes that section 128 of the Labour Code, as amended by Act No. 21.376, provides that: (i) in no case may a remuneration time unit exceed one month; and (ii) in the case of ships engaged in voyages which include a foreign port or ports of call on their route, the shipowner shall ensure that the personnel on board have appropriate means to transfer all or part of their earnings at such time and to whomsoever they see fit. While noting these provisions, the Committee recalls that Standard A2.2, paragraph 4, applies to all seafarers, without distinction as to the type of voyage undertaken by the ships on which they work. The Committee therefore requests the Government to indicate: (i) the manner in which effect is given to this Standard with respect to all ships and seafarers covered by the Convention; and (ii) the measures giving effect to Standard A2.2, paragraphs 2 (requirement to give seafarers a monthly account of the payments due and the amounts paid) and 5 (reasonable charges for transfers and rate of currency exchange not unfavourable to the seafarer).

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. Limits. The Committee notes that the Government refers in this respect to section 106 of the Labour Code, as amended by Act No. 21,376. While noting that section 116, as amended, is in accordance with Standard A2.3, paragraphs 2, 5, 7 and 14, of the Convention, the Committee observes that section 108 of the Labour Code provides that: “Section 106 shall not apply to the ship’s master, or to whomsoever replaces the master, whose duties shall be deemed to be continuous and sustained as long as she or he remains on board. Nor shall this provision apply to the chief engineer, commissioner, medical doctor, telegrapher responsible for the radio transmitter and any other officer who, in accordance with the regulations on work on board, serves as the chief of a department or service on the ship and who, in that capacity, is required to supervise the regular and overtime work of subordinates.” The Committee notes that Decree No. 26 of 1987 of the Ministry of Labour and Social Welfare (Regulations on work on board ships of the national merchant navy) contains similar provisions (sections 78 and 84), as well as other provisions that are not in accordance with the Convention, such as section 81 (possibility of agreeing to overtime without being subject to maximum hours of work) and section 83 (absence of compensatory rest in case of errors). While noting that Decree No. 26 will be amended soon as a result of the adoption of Act No. 21,376, the Committee recalls that the whole of the MLC, 2006, including Regulation 2.3 and the Code, applies to all seafarers, as defined in Article II, paragraph 1(f) of the Convention. This definition includes all the categories of seafarers referred to in section 108 of the Labour Code. The Committee requests the Government to indicate the measures adopted to give full effect to Regulation 2.3 and Standard A2.3 and to ensure that these provisions apply to all the seafarers covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 10 and 12. Hours of work and hours of rest. Shipboard working arrangements. Records. The Committee notes that the Government refers to section 115 of the Labour Code. The Committee recalls that Standard A2.3, paragraph 12, provides that records of seafarers’ daily hours of work or of their daily hours of rest shall be maintained in a standardized format established by the competent authority, taking into account any available ILO guidelines. It further provides that seafarers shall receive a copy of the records pertaining to them, which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A2.3, paragraph 12. The Committee notes that the Decision of 29 January 1990 of the Department of Labour setting out requirements and regulating the procedure for the establishment of an optional attendance and timekeeping system for workers engaged on board, gives full effect to Standard A2.3, paragraph 12, for the ships to which it applies. The Committee requests the Government to specify the manner in which the Decision of 29 January 1990 of the Department of Labour is given effect in practice.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee requests the Government to indicate the measures adopted to ensure that seafarers are granted shore leave to benefit their health and well-being consistent with the operational requirements of their positions.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of any agreement to forgo the minimum annual leave with pay. The Committee notes that section 73 of the Labour Code, to which the Government refers, provides that annual leave (section 67) shall not be replaced by a cash payment, without providing that any agreement to forgo the minimum annual leave with pay shall be prohibited. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A2.4, paragraph 3.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee observes that the legislation referred to by the Government does not give full effect to the requirements of Regulation 3.1 and Standard A3.1. In particular, although Decree No. 594 of 2000 of the Ministry of Health (Regulations on basic health and environmental conditions in workplaces) may give partial effect to some of the requirements of Standard A3.1, it is not adapted to the specific characteristics of work on board ships. The Committee recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag: (a) meet the minimum standards set out in paragraphs 6 to 17 of the Standard in respect of accommodation and recreational facilities on board ship; and (b) are inspected to ensure initial and ongoing compliance with those standards, in conformity with Standard A3.1, paragraph 18 (frequent inspections to be carried out on board ships by or under the authority of the master). The Committee requests the Government to indicate the measures adopted to give full effect to Regulation 3.1 and to the detailed requirements of Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the Government’s reference to Supplementary Directive No. 2/2019 with respect to compliance with the MLC, 2006 (Supplementary Directive No. 2/2019) which, although it covers the requirements of Regulation 3.2 and the Code, is limited in scope, as it contains directives for shipowners of international seagoing vessels of 50 gross tonnes or over on drawing up the Declaration of Maritime Labour Compliance (DMLC), Part II. Supplementary Directive No. 2/2019 also refers to Decree No. 977 of 1997 of the Ministry of Health approving the Food Safety Regulations which, if applicable, would only give partial effect to Standard A3.2, paragraph 2(c). The Committee recalls that Regulation 3.2 and Standard A3.2, paragraphs 1 and 2, provide that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for catering. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 3.2 and Standard A3.2, paragraphs 1 and 2, in respect of all ships covered by the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training. The Committee observes that, in accordance with Decision No. 12620/01/515 of the Directorate-General of the Maritime Territory and Merchant Navy (DGTM and MM), to which the Government refers, the international course for the ships’ cooks certification shall be obligatory for persons who will be employed as cooks on board merchant ships engaged on international voyages. The Committee recalls that Regulation 3.2 and Standard A3.2 apply to all ships covered by the Convention, including those engaged on national voyages, and that all ships operating with a prescribed manning of ten or more shall carry a fully qualified cook (Standard A3.2, paragraph 5). The Committee requests the Government to indicate the measures adopted to give full effect to Standard A3.2, paragraphs 3 and 4, with regard to all ships flying the Chilean flag covered by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board ship and ashore. Minimum requirements. Qualified medical doctor on board ship. The Committee notes that sections 49 to 51 of the Regulations on work on board ships of the national merchant navy relate to the medical doctor on board ship. The Committee requests the Government to indicate the provisions that give effect to Standard A4.1, paragraph 4 (b), which requires that ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board ship and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s indication that Decree No. 392 of the Ministry of National Defence (General Regulations on the maritime mobile radiocommunications service), inter alia, covers the requirements set out in the Convention. Observing that the Regulations do not apply to radiocommunications on board small ships, the Committee refers to its comments in relation to Article II, paragraphs 1(i) and 4. The Committee also observes that the Annex to the Regulations provides that medical assistance messages shall be free of charge where there is an imminent risk to life. The Committee recalls that Standard A4.1, paragraph 4(d), provides that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A4.1, paragraph 4(d), and to confirm that the system of medical advice by radio or satellite communication is available free of charge at any time of the day or night to ships at sea.

Regulation 4.2 and Standard A4.2.1. Shipowners’ liability. Minimum standards. The Committee notes that the Government refers in this respect to Supplementary Directive No. 2/2019 which, as noted above, is limited in scope as it contains directives for the shipowners of ships engaged in international shipping of 500 gross tonnes or on drawing up the DMLC, Part II. The Committee recalls that Standard A4.2.1, paragraph 1, provides for the adoption of laws and regulations requiring that shipowners of ships that fly the Member’s flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the minimum standards provided for in paragraphs 1, 3 and 7 of the Standard, with the possible limitations and exemptions envisaged in paragraphs 2 and 4 to 6. The Committee requests the Government to indicate the measures adopted to give effect to Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that provisions have not been adopted to give effect to the requirements of the 2014 amendments to the Code of the Convention. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government refers to generally applicable provisions respecting health and safety at the workplace. The Committee also notes that Supplementary Directive No. 2/2019 refers to the general obligations of shipowners in respect of health and safety and accident prevention, as well as to provisions of the laws referred to by the Government. The Committee recalls that Regulation 4.3, paragraph 3, requires each Member to adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. The Committee requests the Government to indicate the specific legislative provisions and other measures that give effect to Regulation 4.3, paragraph 3, and to the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners' and seafarers' organizations (Regulation A4.3, paragraph 2).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship's safety committee. The Committee notes that the Government refers to section 14 of the Regulations on occupational safety and health management in work or services, which provides that in any industry or work in which over 25 persons are engaged, there shall be one or more joint health and safety committees. The same provision is referred to in Supplementary Directive No. 2/2019. The Committee recalls that Standard A4.3, paragraph 2(d), provides that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to indicate the measures adopted to give full effect to this requirement of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no information is available on this point. The Committee recalls that each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners’ and seafarers’ organizations concerned, which ports are to be regarded as appropriate. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 4.4 and Standard A4.4.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication that no information is available on this point. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following social security branches: sickness benefit, unemployment benefit, employment injury benefit, and maternity benefit. The Committee requests the Government to indicate the measures adopted to provide social security protection in the branches specified to all seafarers ordinarily resident in Chile, as well as to their dependants, that is no less favourable than that enjoyed by shoreworkers (Regulation 4.5, paragraph 3, and Standard A4.5, paragraph 3). The Committee also requests the Government to provide information on the effect given to the requirements of Standard A4.5, paragraphs 4 to 9.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee notes the Government's indication that the flag State ship inspection and certification procedures are carried out in accordance with the provisions of Supreme Decree No. 248 of 5 July 2004 (Regulations on the survey of seagoing ships and craft) and are in conformity with the International Maritime Organization (IMO) Survey Guidelines. In this regard, the Government refers to the DIRECTEMAR Circular, Decision No. O-73/006, which provides guidelines for issuing safety certificates to large merchant ships flying the national flag, under the Harmonized System of Survey and Certification (HSSC). The Committee notes that the IMO Conventions do not cover the aspects regulated by the MLC, 2006, and that the provisions referred to by the Government do not appear to give effect to Regulation 5.1.1, which provides that each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in the Convention. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.1.1 and the Code.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the information provided by the Government on: (i) the designation of four recognized organizations to carry out inspection functions under the MLC, 2006, in respect of ships that fly the Chilean flag; and (ii) the assessment of the competency of recognized organizations regulated by Resolution No. 12600/544 Vrs. of 16 June 2021 of the Directorate of Maritime Safety and Operations and the Code for Recognized Organizations adopted by Resolution MEPC.237(65). The Committee requests the Government to provide a copy of the agreement authorizing recognized organizations to carry out inspection functions under the MLC, 2006.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s indication, without specifying the applicable provisions, that the inspection and certification systems established at the national level are those required by Standard A5.1.3, paragraphs 1 to 4. Certificates are issued in accordance with the provisions of the same standard, and the issue of interim certificates is assessed on a case-by-case basis, taking into account Standard A5.1.3, paragraph 5. Currently, all ships that fly the Chilean flag which are subject to the Convention have certificates that are valid for five years, and some already have their intermediate certificates. In terms of the frequency of inspections, the Government refers to the HSSC in relation to IMO Conventions, as set out in the Regulations on the survey of seagoing ships and craft. While noting this information, the Committee requests the Government to indicate the provisions that give effect to: Regulation 5.1.3 and Standard A5.1.3 respecting the cases in which a maritime labour certificate is required; the maximum period of validity (Standard A5.1.3, paragraph 1); the scope of the prior inspection; the requirements for an intermediate inspection (Standard A5.1.3, paragraph 2); the provisions respecting the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); the cases in which a maritime labour certificate may be issued on an interim basis, as well as the maximum period of validity and scope of the inspection (Standard A5.1.3, paragraphs 5 to 8); the cases in which a maritime labour certificate shall cease to be valid (Standard A5.1.3, paragraphs 14 and 15) and in which a maritime labour certificate shall be withdrawn (Standard A5.1.3, paragraphs 16 and 17); and requirements for posting the maritime labour certificate and declaration of maritime labour compliance on the ship and making them available for review (Regulation 5.1.3, paragraph 6, and Standard A5.1.3, paragraphs 12 and 13).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. Documents to be carried on board. The Committee notes that the copy of the DMLC, Part I, provided by the Government refers to the legislation (for example, the Labour Code), without specifying the relevant provisions or providing concise information on their content. The Committee recalls that, in accordance with Standard A5.1.3, paragraph 10, Part I of the DMLC shall identify the national requirements embodying the relevant provisions of the Convention by providing a reference to the relevant national legal provisions, and provide, to the extent necessary, concise information on the main content of the national requirements. The Committee also observes that the DMLC, Part II, provided by the Government, contains general references to other documents. The Committee observes that, in this case, the DMLC, Parts I and II, do not appear to fulfil the objectives set out in the MLC, 2006, that is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to ensure that the national requirements on the 16 listed matters are being properly met on board a ship. The Committee requests the Government to amend the DMLC, Part I, in accordance with the Convention, and to provide a copy with its next report. It also requests the Government to provide other examples of an approved DMLC, Part II, that gives effect to paragraph 10(b) of Standard A5.1.3.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the Government refers to the HSSC system regulated by the Regulations on the survey of seagoing ships and craft, and to Directive No. O-72/014 of the Directorate-General of the Maritime Territory and Merchant Navy establishing the procedure and instructions for the recruitment, appointment and professional duties of ship inspectors. The Committee observes that the scope of the inspections covered by Regulation 5.1.4 differs from those relating to IMO Conventions. The Committee recalls that, in accordance with Standard A5.1.4, each Member shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions as set out in the DMLC, where applicable, are being followed, and that the requirements of the Convention are met. Inspections must cover all the ships to which the Convention applies and take place at least every three years. The Committee requests the Government to indicate the measures adopted to meet the requirements of Regulation 5.1.4 and Standard A5.1.4, and to specify in particular the manner in which it is ensured that inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out their duties (Standard A4.1.5, paragraph 3), as well as the procedures followed to receive and investigate complaints (Standard A5.1.4, paragraph 5).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the Government refers to Supplementary Directive No. 2/2019 governing on-board complaint procedures and provides the respective form. The Committee observes that: (i) this procedure only applies to ships engaged on international voyages; (ii) the form only permits a complaint to be filed with the Chilean authorities; and (iii) there is no requirement to provide seafarers with a copy of the on-board complaint procedures (Standard A5.1.5, paragraph 4). The Committee requests the Government to indicate the measures adopted to give full effect to Regulation 5.1.5 and Standard A5.1.5 in respect of all ships covered by the Convention. It also requests the Government to indicate the provisions that prohibit and penalize any kind of victimization of a seafarer for filing a complaint, with a summary of their content (Regulation 5.1.5, paragraph 2).

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication that Port State inspectors have been instructed that, during their presence on the ships that they are inspecting, they shall be attentive to receiving orally any complaints made by seafarers against the master or the shipowner for failure to comply with any provisions of the Convention. The Committee recalls that Standard A5.2.2 sets out the requirements for onshore complaint-handling procedures, which include, where appropriate, the notification of the flag State seeking a corrective plan of action (Standard A5.2.2, paragraph 5) and the transmission of a copy of the report on complaints that have not been resolved to the Director-General of the ILO and the appropriate shipowners’ and seafarers’ organizations in the port State (Standard A5.2.2, paragraph 6). The Committee requests the Government to provide detailed information on the measures adopted to give effect to the requirements of Standard A5.2.2.

[The Government is asked to reply in full to the present comments in 2024.]