Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la colocación de la gente de mar, 1920 (núm. 9) - Colombia (Ratificación : 1933)

Article 2, paragraph 1, of the Convention. Pecuniary gain. The Committee notes the adoption of Decree No. 4369 of 2006 concerning temporary employment services, which abrogates Decrees Nos 24 and 503 of 1998. From the information contained in the Government’s report, the Committee understands, however, that private fee-charging recruitment and placement services finding employment for seafarers are still authorized to operate pursuant to the provisions of the Labour Code and of Decree No. 3115 of 1997, which is contrary to the provisions of the Convention. The Committee again requests the Government to bring national legislation into conformity with the Convention.

In this respect, the Committee wishes to point out that the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, recruitment and placement of seafarers, does not draw on the provisions of the present Convention. The MLC, 2006, allows for the operation of private recruitment and placement services for pecuniary gain, in conformity with a system of licensing or certification or other forms of regulation and other conditions set out in Title 1.4. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006. The ratification of the MLC, 2006, would entail the denunciation of the present Convention. The Committee would be grateful if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006, which would put an end to the longstanding situation of non-application of the requirements of Convention No. 9.