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

Anguilla

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1964)
Repatriation of Seamen Convention, 1926 (No. 23) (Ratification: 1987)
Seafarers' Identity Documents Convention, 1958 (No. 108) (Ratification: 1964)

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on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, and 108 as “outdated”.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.