Solicitud directa (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Mauricio (Ratificación : 2014)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Mauritius previously ratified five maritime Conventions, which were denounced following the entry into force of the Convention for Mauritius. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Mauritius on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments. The Committee notes the efforts undertaken for the implementation of 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.

General questions on application. Implementing measures. The Committee notes the Government’s indication that a draft act and several draft regulations are in preparation to complete the national measures giving effect to the Convention. The Committee notes the texts provided of the draft Merchant Shipping (Training and Certification) (Amendments) Regulations 2016, the draft Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations 2016 and the draft Maritime Labour Act. The Committee further notes that these Regulations, as amended, were adopted in 2017, after the report was submitted. While noting the efforts made by the Government to implement the Convention, the Committee emphasizes that some aspects of the draft Maritime Labour Act and the Regulations adopted are not fully in conformity with the Convention, as explained in detail below. In this respect, the Committee reminds the Government that it may avail itself of the technical assistance of the Office and requests the Government to provide a copy of all relevant new legislation or other regulatory instruments implementing the Convention once they are adopted.

Article VII of the Convention. Consultations. The Committee notes that the Government has indicated that there is no shipowners’ association to date in Mauritius. The Committee recalls that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a shipowners’ organization is established in the country, the Committee invites the Government to have recourse to the consultative arrangement provided for in Article VII of the Convention.

Article II, paragraphs 1(f) and 3. Scope of application. Seafarer. The Committee recalls that in its previous comments on the application by Mauritius of the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), it noted that, although section 70(1) of the Merchant Shipping Act, which implements the basic requirements of the Convention, explicitly covers the master, section 2 of the Act excludes masters from the general definition of the term “seafarer”. The Committee notes that section 91 of the Merchant Shipping Act, concerning repatriation, covers the master with such adaptations and modifications as may be necessary. The Committee notes, however, that the Government has not provided information concerning the modifications and adaptations referred to in section 91 of the Merchant Shipping Act. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers, including the master, within the meaning of the Convention. The Committee notes that section 2 of the Merchant Shipping Act excludes persons who are temporarily engaged in a port or employed on duties which are not part of a seafarer’s normal duties from the general definition of the term “seafarer”. The Committee notes that the draft Maritime Labour Act excludes various categories of persons from the general definition of “seafarer”, including “non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel …”. The Committee recalls that, under Article II, paragraph 1(f), of the Convention, “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Committee therefore requests the Government to indicate whether the decision to exclude this category from the definition of “seafarer” in the draft Maritime Labour Act takes into account Article II, paragraph 1(f) of the Convention and the terms of the resolution concerning information on occupational groups, adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, namely “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” It further requests the Government to provide information on whether the exclusions of categories of persons to be regarded as seafarers under the Convention were determined after consultations with the shipowners’ and seafarers’ organizations concerned, as required by Article II, paragraph 3, of the Convention.

Article II, paragraphs 1(i) and 5. Scope of application. Ship. The Committee notes that section 3(3) of the Merchant Shipping Act empowers the Minister to decide whether an object designed or adapted for use at sea is or is not to be treated as a ship for the purposes of the Act. The Committee further notes that section 229 of the Merchant Shipping Act empowers the Minister to exempt any ship from any specific requirement of, or prescribed under, the Act, or dispense with the observance of any such requirement in the case of any ship, where he is satisfied that: (a) the requirement has been substantially complied with in the case of that ship or that compliance with it is unnecessary in the circumstances; and (b) the action taken or provision made regarding the subject matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement. The Committee notes that the draft Maritime Labour Act applies to “a Mauritius ship of more than 200 gross tons engaged in international voyages, wherever it is”, and to any other ship which is in Mauritius and which is in the port of Mauritius, and is within the port limits (section 3). The Committee notes that the draft Act does not apply to pleasure vessels as defined in the Tourism Authority Act 2006 as amended. The Committee recalls that Article II, paragraph 6, of the MLC, 2006, provides that “where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, [… such] a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages”. The Committee requests the Government to indicate what provisions have been made to ensure that all ships ordinarily engaged in commercial activities are covered by the Convention. The Committee also requests the Government to provide information on any decisions taken under sections 3(3) and 229 of the Merchant Shipping Act and to specify whether any determinations were made after consultation with shipowners’ and seafarers’ organizations with respect to the application of the Convention to all categories of ships.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes that under the Merchant Shipping Act, the employment of seafarers under 18 years of age seems not to be expressly prohibited where the work is likely to jeopardize their health or safety. It notes, however, that section 103 of the draft Maritime Labour Act contains a list of prohibited tasks for young seafarers. The Committee further notes that section 103(2) of the draft Act authorizes exceptions if the task is an indispensable part of the established training programme of young seafarers, provided the task is performed under the supervision of a competent person and carried out so the young seafarer’s safety and health is ensured as far as reasonably practicable. The Committee recalls, in this respect, that Standard A1.1, paragraph 4, prohibits the employment, engagement or work of seafarers under the age of 18 years in hazardous work, without exception. The Committee requests the Government to clarify how the national legislation gives effect to the absolute prohibition provided for in the Convention.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that section 12 of the draft Maritime Labour Act provides that seafarers may apply for a review of the refusal of an approved medical practitioner to issue a medical fitness certificate or of any restriction imposed on such a certificate. It provides that, upon receipt of the application, the Director shall permit the medical fitness of the seafarer to be reviewed by another approved medical practitioner unless the Director is satisfied that such a review will not produce a different result. The Committee reminds the Government that seafarers who have been refused a certificate or have had a limitation imposed on their ability to work shall be given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee, as required under Standard A1.2, paragraph 5. The Committee therefore requests the Government to indicate the measures taken or envisaged to comply with this provision of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that ten private recruitment and placement services operate in its territory and that, for recruiting agents involved in the facilitation of the employment of Mauritian seafarers on board cruise ships, a certificate of compliance is required, in accordance with the MLC, 2006. The Government also indicates that an inspection is carried out by the employment service prior to issuing the compliance certificate. Noting that the Government has not indicated the national provisions giving effect to Standard A1.4, paragraph 2, the Committee requests it to provide this information.

The Committee notes that the draft Maritime Labour Act contains relevant provisions relating to Regulation 1.4 and Standard A1.4. The Committee requests the Government to provide information on the consultations held with the shipowners’ and seafarers’ organizations concerned with regard to the establishment of the system of certification, together with information on the supervision of all recruitment and placement services operating in the territory and the investigation of complaints (Standard A1.4, paragraphs 2, 6 and 7), as well as on the laws, regulations or other measures which conform with the minimum requirements for the operation of private seafarer recruitment and placement services pursuant to Standard A1.4, paragraph 5, of the Convention (prohibition of blacklists, no fees or charges for the seafarer, the keeping of registers, qualification of seafarers, protection of seafarers in foreign ports, management of complaints, establishment of a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that the Merchant Shipping Act and the legislative texts in force provided by the Government do not give effect to the detailed requirements of Regulation 2.1 and Standard A2.1. The Committee notes, however, that the draft Maritime Labour Act contains provisions implementing the Convention. Recalling the crucial importance of seafarers’ employment agreements for seafarers, the Committee requests the Government to adopt the necessary measures in the near future to ensure the full conformity of the national legislation with Regulation 2.1 and Standard A2.1. With regard to minimum notice periods, the Committee notes that section 24(3) of the draft Maritime Labour Act provides that, except as may be provided otherwise in any applicable collective agreement, if a seafarer terminates his seafarer’s employment agreement for compassionate or other urgent reasons in accordance with section 2(b), this must be without penalty to the seafarer. The Committee recalls that Standard A2.1, paragraph 6, does not allow collective agreements to provide any kind of penalty against a seafarer who terminates his seafarer’s employment agreement for compassionate or other urgent reasons. The Committee therefore requests the Government to take the necessary measures to ensure that this possibility is removed from the draft Act before its enactment.

Regulation 2.2 and the Code. Wages. The Committee notes that the Merchant Shipping Act and the legislative texts in force provided by the Government do not give effect to the detailed requirements of Regulation 2.2 and Standard A2.2. Noting that the draft Maritime Labour Act contains relevant provisions implementing the Convention, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention. The Committee further requests the Government to explain how the guidance provided in Guideline B2.2 will be given due consideration in the national measures adopted in the future.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017 do not apply to pleasure craft as defined in the Pleasure Craft Act 1992 and to ships not exceeding 15 net tonnes or under 24 metres in length. Recalling that Standard A2.3 applies to all ships within the meaning of the Convention, the Committee requests the Government to indicate how effect is given to this provision of the Convention in the case of ships that are not covered by the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Periods of rest. The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). The Committee notes that regulation 7(4) of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017 provides for a minimum of ten hours of rest in any 24-hour period, which may be divided into not more than two periods, one of which shall be at least six hours. The Committee notes however that regulation 7(5) allows for derogations to the requirement set out in Standard A2.3, paragraph 6. The Committee recalls in this regard that any exception to the limits set out in Standard A2.3, including those provided for in the STCW, as amended, shall follow the requirements of Standard A2.3, paragraph 13. In accordance with such requirements, a Member may have national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out in Standard A2.3, paragraph 6. The Committee therefore requests the Government to provide information on the manner in which it ensures that any exceptions to the limits on the minimum hours of rest are in accordance with the requirements of Standard A2.3, paragraph 13. The Committee notes that regulation 9 of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017 does not provide that the disturbance of rest periods by drills shall be minimized and compensatory rest granted, as required by Standard A2.3, paragraphs 7, 8, 9 and 14. The Committee notes that, while clause 9 of the Collective Agreement 2013–16, transmitted by the Government, grants seafarers the right to be compensated for overtime hours by time off in lieu of payment, it does not contain a definition of overtime. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Standard A2.3, paragraphs 7, 8, 9 and 14 of the Convention.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that the Merchant Shipping Act and the legislative texts in force provided by the Government do not give effect to the detailed requirements of Regulation 2.4 and Standard A2.4. Noting that the draft Maritime Labour Act contains provisions implementing the Convention, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of the national legislation with these provisions of the Convention.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the Merchant Shipping Act and the legislative texts currently in force provided by the Government do not give effect to the detailed requirements of Regulation 2.5. Noting that the draft Maritime Labour Act contains provisions implementing the Convention, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of the national legislation with these provisions of the Convention. The Committee notes that sections 49 and 50 of the draft Maritime Labour Act contain provisions specifying the circumstances in which a seafarer has the right to repatriation (Standard A2.5, paragraphs 1 and 2). The Committee notes that section 54(b) provides that a shipowner is prohibited from recovering the cost of repatriation from the seafarer’s wages or other entitlements except if: (i) permitted by any applicable collective agreement; and (ii) the seafarer has been found, in accordance with any applicable collective agreement, to be in serious default of his employment obligations. Recalling that, only the second hypothesis is envisaged in Standard A2.5, paragraph 3, the Committee requests the Government to indicate how it intends to ensure full compliance with this provision of the Convention. The Committee further notes that section 57(1) of the draft Maritime Labour Act provides a list of the cases in which the flag State and the Government of the Republic of Mauritius, as the case may be, shall arrange for the repatriation of the seafarer. The Committee notes however that the repatriation of a foreign seafarer employed on board a Mauritian ship is not envisaged in section 57. The Committee recalls that, in accordance with Standard A2.5, paragraph 5(a), if a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated, the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned without regard to the nationality of the seafarer. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. The Committee notes the Government’s indication that under section 82 of the draft Maritime Labour Act, all ships with a prescribed manning of ten or more seafarers are required to carry a ship’s cook (Standard A2.7, paragraph 3). It notes however that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate how effect is given to Standard A2.7, paragraph 3.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the provisions of the Merchant Shipping Act are of a general nature and that, although they address several matters, they do not cover all the requirements under Regulation 3.1 and the corresponding part of the Code. The Committee notes that the information provided by the Government in this regard only refers to the draft Maritime Labour Act, which contains relevant provisions implementing the Convention. The Committee requests the Government to provide further detailed information on how effect is given to the requirements of the Convention respecting accommodation and recreational facilities on board ships flying the Mauritius flag. The Committee notes that sections 64, 66(q), 68(4) and 70 of the draft Maritime Labour Act provide that the Director may exempt Mauritius ships of 200 gross tonnage but less than 500 gross tonnage from the provisions of Standard A3.1, paragraph 20. The Committee recalls that Standard A3.1, paragraph 20, provides that each Member may, after consultation with the shipowners’ and seafarers’ organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so from certain of the requirements set out in Standard A3.1. The Committee requests the Government to review the draft Act in order to ensure that exemptions from the requirements regarding accommodation and recreational facilities are only permitted in accordance to and in full compliance with Standard A3.1, after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 3.2 and the Code. Food and catering. The Committee notes that the Merchant Shipping Act and the legislative texts in force provided by the Government do not give effect to the detailed requirements of Regulation 3.2 and the respective provisions of the Code. Noting that the draft Maritime Labour Act contains provisions implementing the Convention, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention.

The Committee notes that section 82(1) of the draft Maritime Labour Act provides that a “ship operating with a prescribed manning of 10 or more seafarers, and which is engaged in voyages of more than 3 days, or more than 36 hours from a safe port, shall carry a fully qualified cook”. The Committee recalls that, in accordance with Standard A3.2, paragraph 5, only ships operating with a prescribed manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that the Government refers to the draft Maritime Labour Act. The Committee requests the Government to provide detailed information on the measures in force that give effect to Regulation 4.1 and Standard A4.1. The Committee notes that Part XII of the draft Maritime Labour Act contains rules respecting medical care on board ship and ashore. The Committee notes that section 89 of the draft Act provides that a medicine chest and medical equipment as prescribed by the Director shall be carried on board every Mauritius ship. The Committee requests the Government to provide detailed information on the medicine chest and the medical equipment that has to be carried on board Mauritius ships, in accordance with Standard A4.1, paragraph 4(a). The Committee notes the Government’s indication that seafarers on board ships voyaging in Mauritian waters or visiting its ports have access to medical facilities on shore when in need of immediate medical or dental care and that the shipping agent of vessels arrange for medical visits. The Committee requests the Government to indicate the provisions that give effect to Regulation 4.1, paragraph 3.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 76 of the Merchant Shipping Act provides that compensation shall be payable by the person employing a seafarer for the death of, or injury caused to, the seafarer employed on a Mauritius ship, who is not covered under the Workmen’s Compensation Act and the compensation shall not be less than that provided under the Workmen’s Compensation Act. The Committee notes that section 90 of the draft Maritime Labour act refers to section 76 of the Merchant Shipping Act. The Committee requests the Government to provide detailed information on how in practice the Workmen’s Compensation Act applies to seafarers.

The Committee notes that section 80(2) of the Merchant Shipping Act provides that, where a seafarer dies while employed in a Mauritius ship and is buried or cremated outside Mauritius, the expenses of his burial or cremation shall be borne by the person employing him. The Committee notes that this section is not in compliance with Standard A4.2, paragraph 1(d), which provides that shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. The Committee notes that clause 4.5.1 of the Collective Agreement limits the liability of the shipowners to sickness on board, which is not in conformity with the minimum requirements set out in the Convention. Standard A4.2, paragraph 1(a), provides that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates. Recalling the requirement to adopt laws and regulations on the shipowner’s liability, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give effect to Standard A4.2, paragraphs 2, 3 and 4.

The Committee further notes that sections 92, 93 and 94 of the draft Maritime Labour Act appear to introduce certain limits to the shipowner’s liability that were not set out in the existing legislation. The Committee recalls that in no case shall the ratification of the Convention be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention (article 19(8) of the ILO Constitution). The Committee requests the Government to adopt the necessary measures to ensure that in no case the Convention is used as a basis for reducing existing levels of protection.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Merchant Shipping Act and the other national measures in force provided by the Government do not give effect to the detailed requirements of Regulation 4.3 and Standard A4.3. The Committee notes that the draft Maritime Labour Act contains relevant provisions giving effect to the Convention and draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure conformity with these requirements.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Mauritius: unemployment benefit, old-age benefit, employment injury benefit, invalidity benefit and survivors’ benefit. In this connection, the Committee notes that, while no copies of the national legislation on social security have been provided, section 115 of the draft Maritime Labour Act refers to the National Pension Scheme Act 1976, the Human Resource Development Council Act 1993 and the National Saving Fund Act 1995. The Committee notes that the Welfare Fund Act 2008 is also relevant. The Committee requests the Government to provide detailed explanations of the measures adopted or envisaged to give effect to Regulation 4.5 and the Code. The Committee also requests the Government to indicate whether seafarers ordinarily resident in Mauritius working on ships operating under the flag of another country are provided with social security protection, as required under Regulation 4.5 and the Code. The Committee also requests the Government to indicate any bilateral or multilateral arrangements in which Mauritius participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Merchant Shipping Act and the other national measures in force provided by the Government do not give effect to the detailed requirements of Regulation 5.1. Noting that the draft Maritime Labour Act contains relevant provisions implementing the Convention, the Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure compliance with all the aspects of Regulation 5.1.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes that section 7(3) of the Merchant Shipping Act provides that: “Subject to such conditions as the Director may impose, surveys and inspections of ships under this Act may be carried out by a Classification Society, and in such instances the terms ‘surveyor’ and ‘inspector’ shall be construed to include such Classification Society.” The Committee further notes that, according to the information available on the website of the Ministry of Ocean Economy, Marine Resources, Fisheries, Shipping and Outer Island of Mauritius, the existing agreement with classification societies has been amended to include the requirements of the MLC, 2006, in relation to inspections to issue the DMLC, Part II, and the Interim Maritime Labour Certificate. The Committee requests the Government to provide detailed information on the national measures adopted to give effect to Regulation 5.1.2 and Standard A5.1.2, including an example of an agreement with a classification society. The Committee requests the Government to provide a current list of recognized organizations, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee notes that section 128 of the draft Maritime Labour Act provides that all Mauritius-registered ships shall be inspected for compliance with the working and living conditions as set out in the declaration of maritime labour. The Committee recalls that Regulation 5.1.4, paragraph 1, and Standard A5.1.4, paragraphs 1 and 4, require ships to be regularly inspected regarding the requirements of the entire Convention, and not only the specific working and living conditions set out in the DMLC. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention. The Committee notes the Government’s indications concerning the qualifications and training required for flag State inspectors carrying out inspections under the Convention as well as on their status and conditions of service. Noting the absence of information on the applicable provisions, the Committee requests the Government to indicate the laws and regulations that give effect to Standard A5.1.4, paragraphs 3, 5, 6, 11 and 17. It also requests the Government to provide a copy of a recent Pay Research Bureau report on the conditions of service of the public service in Mauritius, to which it refers in its report.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that section 147 of the draft maritime Labour Act provides that: “Pursuant to section 10 of the Merchant Shipping Act 2007, the Director may hold an inquiry into any serious marine casualty, resulting in injury or loss of life, which involves a ship that flies the flag of Mauritius.” The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry into any serious casualty shall be held in all cases and that the final report of the inquiry shall normally made public. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Regulation 5.2.1 and the Code. Inspections in port. The Committee notes that the Merchant Shipping Act and the other national measures in force provided by the Government do not give effect to the detailed requirements of Regulation 5.2.1. Noting that the draft Maritime Labour Act contains relevant provisions implementing the Convention, the Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure compliance with these requirements. The Committee further notes that section 139 of the draft Maritime Labour Act refers to the Merchant Shipping (Maritime Labour Convention) Forms and Certificate Regulation. The Committee requests the Government to provide a copy of this Regulation.

The Committee notes the Government’s indication that Mauritius participates in the Indian Ocean Memorandum of Understanding (MoU) on Port State Control. The Committee notes that, while section 2 of the Indian Ocean MoU refers to the MLC, 2006, it has not been amended to include the requirements set out in the MLC, 2006, among those that are to be inspected in port. The Committee requests the Government to provide information concerning a possible revision of the Indian Ocean MoU in order to fulfil the requirements of the Convention.

Regulation 5.2.2 and the Code. Onshore seafarer complaint-handling procedures. The Committee notes that the Merchant Shipping Act and the other national measures in force provided by the Government do not give effect to the detailed requirements of Regulation 5.2.2 and Standard A5.2.2. Noting that the draft Maritime Labour Act contains relevant provisions in this respect, the Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of the national legislation with these requirements of the Convention.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: an example(s) of Part II of the DMLC; an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment and a standard form example of a seafarers’ employment agreement (Standard A2.1, paragraphs 1–3); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship (passenger, cargo, etc.), a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a list of all seafarers’ shore-based welfare facilities and services, if any, operating in your country and a copy of a report or review prepared by a welfare board, if any, on the welfare services (Regulation 4.4); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1); an example(s) of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities; a standard document issued to or signed by inspectors setting out their functions and powers; and a copy of any national guidelines issued to flag State inspectors; a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (Standard A5.1.4, paragraphs 5, 7 and 13); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of the model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly the national flag (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; a copy of a document, if any, that describes the onshore complaint-handling procedures (Regulation 5.2.2).

[The Government is asked to reply in full to the present comments in 2019.] -- Following the modifications to the reporting cycle adopted by Governing Body, the CEACR decided to postpone this request to 2020.