Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Seychelles on 18 January 2017, on 08 January 2019, and on 26 December 2020 respectively. The Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 and on 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 II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions. Scope of application. Seafarers. National determination. The Committee previously noted that section 3(1) of Part I of the Merchant Shipping (MLC) Regulations 2015 does not include, within the definition of “seafarers”, a number of categories of persons working on board, among which are (l) pupils who are serving an internship on board from technical and nautical schools and universities (subparagraph (l)); and (2) students of any university undergoing training at training facilities and undergoing practical training and sea-service experience on a ship for this purpose (subparagraph (m)). The Committee requested the Government to clarify whether subparagraphs (l) and (m) mentioned above refer to persons obtaining on-board training for the purpose of becoming seafarers and if so, to ensure that those persons are regarded as seafarers and enjoy the protection provided for by the Convention. The Committee notes the Government’s indication that subparagraphs (l) and (m) encompass persons obtaining on-board training for the purpose of becoming seafarers, and that it acknowledges the lack of protection for the mentioned categories of persons. The Government further indicates that Seychelles will amend the Regulations so as to provide, in the near future, persons obtaining on board training for the purpose of becoming seafarers with the same level of protection as provided for under the Convention. The Government also indicates that in the meantime, if the ship has a Seychelles flag, those categories of persons may fall within the scope of section 27(c) of the Employment Act 1995 if they are considered to be “participants in apprenticeship schemes”, in which case the protection afforded by the Employment Act 1995 to workers will also be afforded to them (section 2 of the said Act). The Committee requests the Government to adopt the necessary measures in order to ensure that trainees are regarded as seafarers and to provide information on any developments in this regard.

Noting that the Merchant Shipping (MLC) Regulations, 2015 do not consider as seafarers persons engaged in work on board for either less than 72 hours or less than 96 hours, the Committee requested the Government to clarify in which specific time frame the above limits are calculated. The Committee also requested the Government to indicate if consultations were held regarding the categories of persons not to be considered as seafarers under the Merchant Shipping (MLC) Regulations 2015. The Committee notes the Government’s indication that, while the Merchant Shipping (MLC) Regulations, 2015, indeed do not specify the time frame in which these limits are calculated, Seychelles has an adopted standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon accordingly with the concerned and relevant parties, and that, in the case of these regulations, including the decision to not consider certain categories of persons as seafarers, consultations chaired by the Principal Secretary of Employment Department were held. The Committee notes this information, which addresses the point previously raised.

Article II, paragraphs 1(i) and 4. Definitions. Scope of application. Ships. Noting that section 4(2), Part I, of the Merchant Shipping (MLC) Regulations 2015, provides that the said regulations do not apply to “pleasure vessels”, the Committee requested the Government to provide information on the types of ships that fall under the category of “pleasure vessels”. The Committee also requested the Government to provide information on whether consultations were held regarding the fact that the Convention does not apply to pleasure vessels. The Committee notes the Government’s indication that section 84(2)(c), Part VI, of Merchant Shipping (MLC) Regulations 2015 defines a pleasure vessel as a vessel (i) exclusively used for pleasure; and (ii) not used for hire, reward or any commercial purpose. With respect to consultations, the Government reiterates that Seychelles has an adopted standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon accordingly with the concerned and that such consultations were held and chaired by the Principal Secretary of Employment Department. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting inconsistencies among national requirements with respect to minimum age for seafarers to work on board a ship, the Committee requested the Government to clarify the articulation of the relevant national legislation. The Committee notes the Government’s indication that in order to avoid any internal conflict of laws between the Merchant Shipping (MLC) Regulations, 2015 specific to the employment of seafarers and the Conditions of Employment Regulations, 1991, regulating general employment matters, the Employment Act (Exemption) Order, 2016 specifically exempts a seafarer as defined in the Merchant (MLC) Regulations, 2015 employed for service on a seagoing ship to which the Merchant Shipping (MLC) Regulations, 2015 apply from the whole of the Employment Act and its subsidiary legislation. The Government further states that the two pieces of legislation regulating the minimum age to work on board a ship coexist but they do not have the same scope of application and that the minimum age of a seafarer to work on a seagoing ship to which the Merchant Shipping (MLC) Regulations, 2015 apply is 16. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting that there does not seem to be an express prohibition of night work for young seafarers in national legislation and that the Government indicates that the prohibition of night work for young seafarers may be waived when the effectiveness of the apprenticeship would be impaired, the Committee requested the Government to provide information on whether the competent authority has authorized exceptional derogations to the prohibition of night work in accordance with established training programmes and schedules. The Committee notes the Government’s indication that section 6(vii), Schedule, Part I, of the Merchant Shipping (Maritime Labour Convention) Regulation, 2015 provides for masters at their own discretion to examine and decide whether young crew members can perform watch keeping during the night. The Government further states that the Competent Authority has the discretionary power to authorize such a derogation, however, such an act has never been done by Seychelles Maritime Safety Authority. While noting this information, the Committee recalls that the responsibility of authorizing strict exceptions to the night work restriction lies with the competent authority and not the master in accordance with Standard A1.1, paragraph 3(b) of the Convention, which requires that “the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being”. The Committee requests the Government to take the necessary measures to ensure that exceptions to night work are only allowed in conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that section 1(4), Part 1, of the Schedule of the Merchant Shipping (MLC) Regulations 2015 authorizes exceptions to the prohibition of hazardous work for seafarers under the age of 18 in so far as it is necessary to achieve the objective of their training provided the task is performed under appropriate supervision. The Committee notes the Government’s indication that shipowners would have to seek permission from the Competent Authority before exercising such an exception. The Committee further observes that section 1(6), Part I, of the Merchant Shipping (MLC) Regulations 2015, provides for a list of restricted activities corresponding to the list of subparagraphs (a) to (l) of Guideline B4.3.10 paragraph 2 of the Convention that can however be undertaken by young seafarers under appropriate supervision and instruction. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to adopt the necessary measures without delay to give full effect to Standard A1.1, paragraph 4, clearly distinguishing between types of work that are prohibited and those that can only be undertaken under adequate supervision. The Committee also requested the Government to specify whether the social partners concerned were consulted on the list of hazardous work provided for in section 1(3), Part I, of the Merchant Shipping (MLC) Regulations 2015 in accordance with the requirement of Standard A1.1 paragraph 4 that the types of work to be considered hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee notes the Government’s indication that the relevant parties were consulted within the framework of its standard procedure known as the White Paper stage where any issues pertaining to any drafted legislation is discussed and consulted upon. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and the Code. Recruitment and placement. Recalling that Standard A1.4, paragraph 6, requires that the competent authority closely supervise the operations of the seafarers’ recruitment and placement agencies and that Guideline B1.4.1 provides organizational and operational guidance for this supervision, the Committee requested the Government to provide information on the functioning of the licensing system and the supervision of the seafarers’ recruitment and placement services operating in Seychelles. The Committee notes the Government’s indication that there are no seafarer’s recruitment and placement services currently operating in Seychelles. The Committee therefore requests the Government to indicate how seafarers resident in Seychelles are generally recruited for ships flying its flag and for ships flying the flags of other countries.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that the requirements of Regulation 2.1 and the Code are implemented through the Merchant Shipping (MLC) Regulations 2015, Schedule, Part 2, section 5. The Committee further notes that the Government has provided an example of a seafarers’ employment agreement (hereinafter SEA) which refers to the Merchant Shipping (MLC) Regulations 2015 but also states that the contracting parties agree that the employment agreement shall be governed by Liberian law. The Committee recalls that the terms and conditions for employment of seafarers on board ships flying its flag shall be subject to Seychelles’ national laws and regulations. Noting that seafarers working on board ships flying the flag of Seychelles are in at least one instance subject to foreign national provisions based on the origin of the vessels, the Committee recalls that the implementation of Regulation 2.1 and the Code is a central element to ensure that seafarers benefit from the protection provided by the Convention and therefore requests the Government to take the necessary measures to give full effect to these provisions of the Convention in practice.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation 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 under 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 abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraphs 3 and 4. Hours of work and hours of rest. Normal working hours standard. Danger of fatigue. Noting that the Merchant Shipping (MLC) Regulations 2015 do not include provisions on normal working hours for seafarers nor do they address the danger of fatigue, the Committee requested the Government to clarify whether normal working hours’ standard for seafarers takes into account one day of weekly rest and rest on public holidays as required by the Convention and whether the fatigue of seafarers has been taken into account in determining the standards of the Merchant Shipping (MLC) Regulations 2015 regarding working hours. The Committee notes the Government’s indication that the Authority does take these requirements into account by requesting the rest hours logs from the relevant entity. The Committee observes however that the examples of rest hours logs submitted by the Government seem to indicate in some instances a total number of overtime work which is greater than the number of hours authorized by section 6(7), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations 2015, according to which “the fixed rate overtime referred to in subparagraph (6)(iii) shall include overtime work performed on Sundays and holidays but shall not exceed eighty five hours a month.” The Committee further observes that one day of rest per week does not seem to be granted in some cases. The SEA provided by the Government also provides for a higher number of hours of overtime work. In the absence of clear provisions regulating the requirement of Standard A2.3, paragraphs 3 and 4, that each Member acknowledges that the normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, taking into account the danger posed by the fatigue of seafarers, the Committee requests the Government to take the necessary measures to comply with the Convention.

Noting that, pursuant to section 7(6), Part 2 of the Schedule of the Merchant Shipping (MLC) Regulations 2015, collective bargaining agreements may be concluded on hours of work to allow more frequent or longer leave periods or the grant of compensatory leave for seafarers working on board ships on short voyages, the Committee requested the Government to provide information on how it ensures that collective bargaining agreements on hours of work are not less favourable than the normal working hours’ standard based on an eight-hour day with one day of rest per week and rest on public holidays set in the Convention. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority as the competent authority liaises with the relevant entities, which enforces collective bargaining agreements in the seafarer’s employment agreements (e.g. Seychelles Petroleum Company, German Tanker Shipping). The Committee takes note of this information.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Hours of work and hours of rest. Division of hours of rest. Exceptions. The Committee previously noted that section 7(8), Part 2, of the Schedule of the Merchant Shipping (MLC) Regulations 2015, while providing for an exception to the limits on minimum hours of rest based on the requirement of the STCW Convention, does not provide that such exceptions can only be foreseen by way of collective agreements. Therefore, the Committee requested the Government to provide information on how it ensures that any exception to the limits to the minimum hours of rest follows the requirements of Standard A2.3, paragraph 13. The Committee notes the Government’s indication that the Seychelles Maritime Safety Authority reviews the collective agreements being enforced on Seychellois seafarers to ensure they are in compliance with both the Merchant Shipping (MLC) Regulations, 2015 and the MLC, 2006. The Committee observes that the Government has not provided information on exceptions that may be granted for seafarers who are employed on ships that are not covered by a collective bargaining agreement. 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 requests the Government to explain whether all the exceptions granted under the Merchant Shipping (MLC) Regulations, 2015 are provided within the framework of collective bargaining agreements. If they are not, the Committee requests the Government to adopt the necessary measures to implement Standard A2.3.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On-call work. Noting that the Government does not indicate whether there are collective agreements or arbitration awards pertaining to the issue of the compensation of seafarers exposed to drills and seafarers disturbed while on call, the Committee previously requested the Government to provide information on how it ensures that pursuant to Standard A3.2, paragraph 9, in the absence of such collective agreements or arbitration awards, the competent authority shall determine such provisions to ensure that the seafarers concerned have sufficient rest. The Committee notes the Government’s indication that the application of Standard A2.3, paragraph 9 is ensured through the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part II, section 7, paragraphs 4, 5 and 6. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee previously requested the Government to indicate how, in relation with the place of repatriation, it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7 according to which seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement, the place stipulated in collective agreement, the country of residence, or the place agreed upon at the time of engagement. The Committee notes that the Government refers to Schedule, Part 2 – Conditions of Employment, section 9(5) of the Merchant Shipping (MLC) Regulations, 2015, which only partially gives consideration to Guideline B2.5.1, paragraphs 6 and 7 given that “the repatriation destination shall be the place where the seafarer was recruited unless the employment agreement specifies otherwise or the seafarer and the shipowner agree an alternative …” The Committee observes that the seafarer does not have a right to choose between different destinations when repatriation takes place. The Committee takes note of this information and hopes that the Government will give due consideration to Guideline B2.5.1, paragraphs 6 and 7, in the future.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2 to ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes with interest that the provisions of section 9, Part II, of the Merchant Shipping (MLC) Regulations, 2015, give effect to the requirements of Standard A2.5.2 and that the Government has provided a copy of certificate of insurance or other financial security in respect of seafarer’s financial repatriation costs and liabilities as required under Regulation 2.5 and Standard A2.5.2. The Committee takes note of this information.

Regulation 2.7 and the Code. Manning levels. The Committee notes that, in reply to its previous comment, the Government has provided examples of safe manning documents. The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraphs 6–17. Accommodation and recreational facilities. Minimum requirements for accommodation. Noting that section 12(1), Part II, of the Merchant Shipping (MLC) Regulations, 2015, provides that every ship shall comply with the requirements relating to crew accommodation set out in Merchant Shipping Notice, the Committee requested the Government to clarify whether a Merchant Shipping Notice on crew accommodation has been adopted and, if so, to indicate how it meets the requirements of the Convention. The Committee notes the Government’s indication that no such document has been adopted yet. The Committee requests the Government to provide information on any development in this regard.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering. Organization and equipment. Noting that section 14(b), Part IV, of the Merchant Shipping (MLC) Regulations, 2015, provides that the catering department is organized and equipped, in accordance with the requirements set out in Merchant Shipping Notice, the Committee requested the Government to clarify whether a Merchant Shipping Notice regarding the catering department has been adopted and, if so, to indicate how it meets the requirements of the Convention. The Committee notes the Government’s indication that no such document has been adopted yet. The Committee requests the Government to keep it informed on any development in this regard.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training. Noting that sections 17(1) and 19, Part IV, of the Merchant Shipping (MLC) Regulations, 2015, refer to the requirements set out in Merchant Shipping Notice for the training of catering staff as well as for the examination for ship’s cook, the Committee requested the Government to clarify whether such Merchant Shipping Notices have been adopted and, if so, to indicate how they meet the requirements of the Convention. The Committee notes the Government’s indication that no such documents have been adopted yet. The Committee requests the Government to provide information on any development in this regard.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee previously noted that section 16(3), Part III of the Merchant Shipping (MLC) Regulations, 2015, provides that the Administration may grant dispensation permitting a non-fully qualified cook to serve on board in accordance with the requirements of the Merchant Shipping Notice. Recalling that pursuant to Standard A3.2, paragraph 6, in circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, the Committee requested the Government to clarify whether a Merchant Shipping Notice has been adopted regarding the issuance of such dispensations, and if so, to indicate how it meets the requirements of the Convention. The Committee requests the Government to indicate if such dispensations have been issued and to provide updated information on the development of such Merchant Shipping Notice.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee requested, in its previous comment, the Government to provide information on how it ensures that the medical care, dental care and protective measures provided to seafarers during their time on board is as comparable as possible to that which are generally available to workers ashore. The Committee notes the Government’s indication that this requirement is implemented by Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 14(5) which provide that “every ship shall comply with Standard A4.1, paragraph 4 subparagraphs (a) to (c) of the Convention.” However, no information is provided by the Government as to the specific measures in place to ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. Recalling that Standard A4.1, paragraph 1(b) is not self-executing as this provision requires the adoption of measures to ensure that seafarers are given health protection and medical care, the Committee requests the Government to adopt the necessary measures to give effect to this requirement of the Convention and to provide information on any development in this regard.

Regulation 4.1 and Standard A4.1, paragraphs 3 and 4(a) and (c). Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee previously requested the Government to indicate how effect was given to Standard A4.1, paragraphs 3 and 4(a) and (c) of the Convention. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority appoints Recognized Organizations which are inclusive of qualified personnel to carry out survey on the Authority’s behalf to ensure compliance with the MLC, 2006, provisions mentioned above. With respect to the level of approved training required for the seafarer in charge of providing medical care, the Committee notes that the Government refers to Part V, section 25(7) of the Merchant Shipping (MLC) Regulations, 2015, which requires that the level of approved training shall be as per the MLC, 2006 and which meets the requirements of the STCW Convention as amended. While noting this information, the Committee observes that the provisions of the Merchant Shipping (MLC) Regulations, 2015, prescribe the requirements for on-board hospital, and medical care facilities and equipment and training in general terms. The Committee accordingly requests the Government to give effect to the requirements of Standard A4.1, paragraphs 3 and 4(a) and (c).

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. 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 meet certain minimum requirements. In this regard, the Committee notes with interest the Government’s indication that Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 2, section 10(3) and Part VI, section 28(2) comply with the new provisions of the Convention. The Committee takes note of this information.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee previously requested the Government to clarify whether the Administration has established guidance as contemplated in section 16(4), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, and to report on the consultative processes for the elaboration and review of national guidelines on health and safety protection and accident prevention. Noting that the standards prescribed in section 16(4) are based on the ILO code of practice on Accident prevention on board ship at sea and in port, 1996 and the “Code of Safe Working Practices for Merchant Seafarers” adopted by the Maritime and Coastguard Agency of the United Kingdom, the Committee also invited the Government to give due consideration to the more recent guidelines adopted by ILO in 2015, the Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006. The Committee notes the Government’s indication that it has not yet adopted guidance on occupational safety and health on board ships that fly its flag. The Committee requests the Government to keep it informed on any development in this respect.

Regulation 4.3 and Standard A4.3, paragraph 1(a). Health and safety protection and accident prevention. Policies and programmes. Training of seafarers. The Committee previously requested the Government to provide information on how it gives effect to the requirement of Standard A4.3, paragraph 1(a), as regards occupational safety and health policies and programmes be adopted and effectively implemented and promoted on ships that fly the Member’s flag, including through the training and instruction of seafarers. The Committee notes the Government’s indication that as per the STCW Convention, there is a mandatory requirement for a seafarer to have a certificate of personal safety and social responsibilities (PSSR) to work on board a ship and that the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 1, section 3, give effect to this provision of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Obligations of the seafarers. Observing that section 16, Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, specifies the obligations of the shipowners but not the obligations of the seafarers with regard to occupational safety and health on board, the Committee requested the Government to provide information on how it ensures that these obligations are clearly specified in national legislation, as provided for under Standard A4.3, paragraph 2(b). The Committee notes the Government’s indication that the obligations provided for in the Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 16 set out the obligations of the shipowners, which in turn set the standard for the obligations expected of the seafarers. The Committee takes note of this information.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to its previous request to provide updated information regarding the construction of the new welfare centre, the Committee notes the Government’s indication that, considering Seychelles’ current economic environment such plans for the construction of a shore-based facility have not been submitted yet due to budget cuts. The Committee requests the Government to provide information on any development in this regard.

Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. Noting that, at the time of ratification, the Government has specified sickness benefit; employment injury benefit; and invalidity benefit as the branches of social security for which protection is provided, the Committee previously requested the Government to indicate the steps taken to extend social security protection to all the branches listed in Standard A4.5, paragraph 1. The Committee notes the Government’s indication that Merchant Shipping (MLC) Regulations, 2015, Schedule, Part 4, section 14(7) extends social security protection for Seychellois seafarers to all the branches listed in Standard A4.5, paragraph 1. The Committee takes note of this information which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraphs 3 and 8. Social security. Protection for seafarers ordinarily resident in its territory. Noting that section 14(7), Part 4, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, and section 3, Part II of the Social Security Act both limit the entitlement to social security benefits to Seychellois citizens, the Committee requested the Government to provide information on how it ensures that seafarers who are not nationals but reside in the Seychelles are entitled to social security protection, as provided for in Standard A4.5, paragraph 3. The Committee notes the Government’s indication that non-national seafarers are not yet entitled to social security protection. Recalling that ratifying Members shall take steps to provide social security protection to all seafarers ordinarily resident in its territory, the Committee requests the Government to take the necessary measures to ensure that foreign seafarers residing in Seychelles have access to social security protection.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. In reply to its previous request, the Committee notes the Government’s indication that the Merchant Shipping (MLC) Regulations, 2015, section 8, provides that “every ship of Seychelles shall carry a copy of the Convention and a copy of these regulations which shall be available to all seafarers working on the ship.” The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee previously requested the Government to indicate how it ensures compliance with the requirement of Standard A5.1.2, paragraph 4, foreseeing that the list of authorized recognized organizations shall specify the functions that the recognized organizations have been authorized to carry out. The Committee notes the Government’s indication that the Merchant Shipping (Appointment of Surveyors) Regulations, 1995, provide for the functions of the recognized classification society, and that the Seychelles Maritime Safety Authority plans to amend the above-mentioned regulations to reflect the current needs of the maritime industry in Seychelles. The Committee observes that the Government has submitted an example of authorizations given to recognized organizations. The Committee requests the Government to keep it informed on any development in this regard.

Regulation 5.1.3, paragraph 6. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Public record of certificates. The Committee previously requested the Government to indicate how it ensures compliance with the requirement of Regulation 5.1.3, paragraph 6. The Committee notes the Government’s indication that it ensures compliance through an internal procedure that Seychelles Maritime Safety Authority has set up, under which a member of the public may request any information pertaining to MLC Certificates and contact the Authority which shall grant access to this information within 48 hours of the request being made. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. In its previous comment, the Committee requested the Government to consider amending the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and, to the extent necessary, concise information on the main content of the national requirements. The Committee recalls that the amendments to the Code approved by the International Labour Conference in 2014 have come into force and that these require additional information to be mentioned in the DMLC, Parts I and II. The Committee observes that the DMLC, Part I submitted by the Government does not take into account the additional information required with respect to Regulations 2.5 and 4.2. The Committee also notes that the DMLC, Part I does not contain specific references to the national legislative instruments implementing the different requirements of the Convention. The Committee once again requests the Government to amend the DMLC to ensure the full application of Standard A5.1.3, paragraph 10, in such a manner as to include all elements needed to ensure the validity of the DMLC, Part I, and to provide an updated example of the DMLC, Part I.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee previously requested the Government to report on how it ensures compliance with the requirement of Standard A5.1.3, paragraphs 12 and 13 that a current valid Maritime Labour Certificate and a DMLC with an English-language translation are posted in a conspicuous location on board. The Committee notes the Government’s indication that compliance is ensured through the provisions of the Merchant Shipping (MLC) Regulations, 2015, sections 32 and 33, and Schedule, Part 5, section 18. While noting that a current valid Maritime Labour Certificate and a DMLC are made available to inspectors, the Committee however notes that there is no clear indication as to whether these documents are posted in a conspicuous place on board where they are available to the seafarers. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 2 and 3. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. Noting that the Government does not provide specific information on the qualifications for flag State inspectors, the Committee requested the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 2 and 3. The Committee notes the Government’s indication that Seychelles Maritime Safety Authority appoints Recognized Organizations which are inclusive of qualified personnel to carry out survey on the Authority’s behalf to ensure compliance with the MLC Convention provisions. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 2, 3, and 7. Terms of reference and status of flag State inspectors. The Committee previously requested the Government to provide an example of an agreement concluded with a flag State inspector containing adequate provisions to ensure that the inspectors have the terms of reference and status necessary to perform their duties and that clear guidelines are issued to them as to the tasks to be performed as provided for under Standard A5.1.4, paragraphs 2, 3 and 7. The Committee takes note of the example of an agreement provided by the Government, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 10, and 11. Independence of inspectors and confidentiality of the sources of grievance. The Committee requested the Government to provide further information on how it ensures compliance with the requirements of the Convention as it relates to the impartiality of the flag State inspectors and their duty to keep confidential the sources of any grievance and complaints, as provided for under Standard A5.1.4, paragraphs 3, 6, 10, and 11. The Committee notes that the Government refers to the example of an agreement concluded with a flag State inspector which contains a confidentiality clause. The Committee notes that there does not seem to be any other national provision on the independence of inspectors, nor on their duty of confidentiality. Noting the Government’s indication that Seychelles Maritime Safety Authority is in the process of drafting a regulation which will regulate recognized classification society, which will be inclusive of obligations, duties, rights and responsibilities of the appointed recognized organizations, the Committee requests the Government to indicate the progress made in this regard and to indicate any measures taken to give effect to this requirement of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. While noting that Part 5, section 18(3), of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, meets the requirement of Standard A5.1.4, paragraph 4, to impose a flag state inspection at the interval required by Standard A5.1.3 for ships for which this standard applies, the Committee requested the Government to provide information on how it ensures that the intervals between the inspections of ships that do not require a Maritime Labour Certificate do not exceed three years. The Committee notes the Government’s indication that all vessels that do not require a MLC Certificate are surveyed annually in order to verify their seaworthiness and condition. The Committee takes note of this information and requests the Government to specify the relevant national provisions that require ships to be surveyed annually and to indicate if the working and living conditions are inspected in accordance with the requirements of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 12, 13 and 14. Records of inspections by flag State inspectors. In its previous comment, the Committee requested the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 12, 13, and 14, regarding the issuance, submission and recording of the flag State inspection reports. Noting the Government’s indication that Seychelles Maritime Safety Authority is in the process of drafting a regulation which will regulate recognized classification society, which will be inclusive of obligations, duties, rights and responsibilities of the appointed recognized organizations, the Committee requests the Government to provide information on any developments in this respect.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. Observing that under section 204 of the Merchant Shipping Act, Part XII, Shipping Casualties, the Minister may initiate a preliminary investigation only where a marine casualty led to a loss of life, the Committee requested the Government to indicate how it ensures that official inquiries are held into serious marine casualties that led to injuries and loss of life and that the final reports of inquiry are made public. The Committee notes the Government’s indication that it requests marine accident cases to be referred to the Marine Accident Investigation Board to conduct investigations and to provide a report of inquiry. The Committee notes this information and requests the Government to clarify whether investigations are also initiated in cases of serious marine casualties that led to injuries where there was no loss of life and whether any report of inquiry into injuries or loss of life is made public.

Regulation 5.2.1, paragraph 2. Port State responsibilities. Inspections in port. Prima facie evidence of compliance. The Committee previously requested the Government to report on how it ensures that the Maritime Labour Certificate and the DMLC are accepted as prima facie evidence of compliance in the context of port State control inspections. The Committee notes the Government’s indication that the requirement of Merchant Shipping (MLC) Regulations, 2015, Part 5, section 20, which provides for action taken as a result of an inspection in accordance with Standard A5.2.1, paragraphs 1 to 6, ensures that the Maritime Labour Certificate and the DMLC are accepted as prima facie evidence of compliance in reference to PSC inspections. The Committee takes note of this information, which addresses its previous request.

Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. Onshore seafarer complaint-handling procedures. Confidentiality of the complaints. Noting that section 20(7), Part 5, of the Schedule of the Merchant Shipping (MLC) Regulations, 2015, does not foresee that the source of a complaint filed on board a ship in a port of Seychelles shall remain confidential, the Committee requested the Government to provide information on how it safeguards the confidentiality of the complaints made by seafarers. The Committee notes the Government’s indication that on board complaints procedures used on vessels which are Seychelles Flag contain confidentiality clauses. The Committee further notes that the Government has submitted a copy of the procedure for lodging a grievance which states that all documents submitted through the procedure will be kept confidential. While noting this information, the Committee observes that this procedure seems to only be open to seafarers on board Seychelles flagged ships. The Committee requests the Government to take the necessary measures to ensure confidentiality of the complaints made by seafarers working on board all ships calling at Seychelles ports.