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

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Jamaica (Ratificación : 2017)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the Government previously ratified two Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Jamaica. The Committee further notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 and 2018 entered into force for Jamaica on 13 June 2018 and 26 December 2020, respectively. The Committee also notes that Jamaica has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept these amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 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 I of the Convention. General questions on application. Implementing measures. The Committee notes that the Convention is mainly implemented by the Shipping Act of 1998 as amended in 2000 (Shipping Act). The Committee welcomes the adoption of an Act to amend the Shipping Act on 22 December 2020 to incorporate the MLC, 2006 (2020 Amendment Act) and notes that this adoption took place after the submission of the Government’s report. The Committee further notes that, according to the information provided by the Government, the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee acknowledges the efforts of the Government to comply with the Convention and requests the Government to provide a copy of the 2020 Act (which amends the Shipping Act) as well as any other relevant legislative texts once adopted.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers and apprentices. The Committee notes that section 2 of the Shipping Act excludes from the definition of “seaman” the masters, pilots and apprentices. The Committee recalls that in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Concerning apprentices, the Committee considers that the acquisition of seafarer training on a ship involves by definition working on board and hence there is no doubt that apprentices and cadets are to be regarded as seafarers for the purpose of the Convention. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that apprentices are to be regarded as seafarers for the purpose of the Convention. The Committee emphasizes that the protection afforded by the Convention assumes particular importance for the most vulnerable categories of workers, including apprentices. The Committee also recalls that, while pilots can be excluded from this definition, masters are to be regarded as seafarers and should be covered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that all persons employed, engaged or working in any capacity on board a ship to which the Convention applies, including cadets and masters, are regarded as seafarers and enjoy the protection afforded by the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 4 of the Shipping Act, no person under the age of 18 years shall be employed or work in the engine-room of any ship, unless that young person is an apprentice working under supervision. It further notes that section 34(3)(a) of the Child Care and Protection Act, 2004 provides that no person shall employ a child in the performance of any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual or social development. The Committee observes however that the legislation does not contain the list of hazardous activities, which is required under Standard A1.1, paragraph 4 of the Convention, and that must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. The Committee requests the Government to take the necessary measures to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the information provided by the Government, in particular the procedure to register and obtain license to operate an overseas employment agency. It also notes the Government’s indication that currently there are no provisions concerning private seafarer recruitment and placement services and that the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee requests the Government to provide information on the progress made in this respect and a copy of the relevant text once adopted.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that the case of shipowners using recruitment and placement services that operate in countries that have not ratified the Convention is addressed in the declaration of maritime labour compliance (DMLC), Part I, whose approval process is in progress. The Committee requests the Government to provide information on measures adopted to implement the requirements of Standard A1.4, paragraphs 9 and 10, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes the Government’s reference to section 117 of the Shipping Act according to which a crew agreement shall be signed by the master and the seafarer without clarifying whether the master acts as a representative of the shipowner. It further notes the Government’s indication that amendments will be made to this Act in order to comply with the requirements of the Convention. The Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention. In accordance with Standard A2.1, paragraph 1, every seafarer must have an original agreement signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to indicate how it is ensured that the seafarer’s employment agreement (SEA) is signed by the shipowner or shipowner’s representative as required under Standard A2.1, paragraph 1(a) of the Convention. The Committee further requests the Government to clarify whether, in this context, the master acts as a representative of the shipowner and to indicate the relevant provisions in this regard.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s indication that there are no statutory provisions on the application of this provision of the Convention and that amendments are being made to the Shipping Act to incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the text together with the Government’s next report.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s reference to section 117 of the Shipping Act, which contains particulars to be included in the SEA. It also notes the Government’s indication that amendments are being made to the Shipping Act, to incorporate the provisions of the MLC, 2006. It further notes a model a SEA submitted by the Government, which contains the particulars mentioned under this provision of the Convention. However, it observes that the majority of the matters to be included in SEAs, according to Standard A2.1, paragraph 4, are not reflected in the existing legislation, i.e. (a) the shipowner’s name and address; (b) the place where and date when the SEA is entered into; (c) the amount of paid annual leave; (d) the termination of the SEA and the conditions thereof; (e) the health and social security protection benefits to be provided to the seafarer by the shipowner; (f) the seafarer’s entitlement to repatriation and (g) reference to the collective agreement. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

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 2.2 and the Code. Wages. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes the Government’s indication that the Jamaican legislation is based on minimum hours of rest. It further notes that this matter will be addressed in the new legislation, which will incorporate the MLC, 2006 requirements. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and Standard A2.3, paragraphs 8. On call work. Immediate safety and distress at sea. Compensatory rest. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006 provisions. The Committee further notes that section 35(1) of the Shipping (training, certification, safe manning, hours of work and watchkeeping) Regulations, 1998 stipulates that the requirements for rest periods specified in paragraphs (5)(c) and (6) of section 34 of said Act need not be maintained in case of any emergency or drill or in other overriding operational conditions. The Committee however observes that these regulations provide no adequate compensatory rest when a seafarer is on call, such as when a machinery space is unattended, and if the normal period of rest is disturbed by call-outs to work (Standard A2.3, paragraph 8) or adequate period of rest when a seafarer is asked by the master of a ship to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea by suspending the schedule of hours of work or hours of rest to perform any hours of work necessary until the normal situation has been restored. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that minimum paid annual leave is 28 days and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee observes that section 154 of said Act provides that every seafarer is entitled, after 12 months of continuous service on a Jamaican ship, or for the same employer, to annual leave with pay, or to a proportionate part of such leave, the duration of which shall be: (a) in the case of master and officers, not less than eighteen working days; and (b) in the case of other members of the crew, not less than twelve working days. The Committee recalls that, according to Standard A2.4, paragraphs 1 and 2, each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers and that, subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes into account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee recalls that, according to Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the Shipping Act contains no provisions regulating (i) the maximum duration of service periods on board following which a seafarer is entitled to repatriation (Standard A2.5.1 paragraph 2(b)); (ii) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1 paragraph 2(c)); and (ii) the obligation of the Government to require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language (Standard A2.5.1 paragraph 9). The Committee requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on financial security. Amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. 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 above-mentioned 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 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes the Government’s indication that there are no statutory provisions and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s reference to regulation 29 of the Shipping Regulations, which covers only ships of 500 GT or more. The Committee recalls that Regulation 2.7 of the Convention applies to all ships that fly the flag of a Member. The Committee observes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and Standard A2.7, paragraphs 1 and 2. The Committee requests the Government to indicate how effect is given to these requirements of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled. Furthermore, the Committee observes that the First Schedule (Application for Local Trade Operation) indicates in the approved manning level that the cook is a pump man. In this connection, the Committee notes 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 this requirement of the Convention. The Committee further requests the Government to provide a copy 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.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s indication that there are currently no policies in place on this issue. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 2.8 and the Code.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, with regard to the implementation of Regulation 3.1 and the Code, the Government indicates that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate MLC, 2006. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering organization and equipment. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.1 and the Code. Medical care on board and ashore. With regard to the measures adopted to ensure health protection of seafarers on board and ashore, the Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that section 170 of the Shipping Act provides that the Minister may make regulations requiring Jamaican ships to carry such medicines, medical stores, medical appliances and books containing instructions and advice, as may be specified in the regulations. Noting the absence of information regarding such regulations, the Committee requests the Government to provide detailed information on the measures adopted to meet the requirements of Standard A4.1, paragraphs 1(a), 3 and 4(c).

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.2, Standard A4.2.1, paragraphs 1(b) and 8 to 14 and Standard A4.2.2, paragraph 2. Shipowners’ liability. Minimum Standards. Death or long-term disability. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standard A4.2.1 and Standard 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 requests the Government to indicate how the ongoing amendments to the Shipping Act ensure that the system of financial security meets the following minimum requirements: (i) no pressure is exercised on the seafarer to accept payment less than the contractual amount; (ii) interim payments are made while the situation is being assessed to avoid undue hardship; and (iii) the seafarer receives payment without prejudice to other legal rights (Standard A4.2.1,paragraph 8). In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to a certificate by a financial security provider and P&I insurance coverage. The Committee recalls that pursuant to Standard A4.2.1 and Standard 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. The Committee draws 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 the Government’s indication that there are no statutory provisions on this issue. The Committee requests the Government to provide detailed information related to health and safety protection and accident prevention as follows: (i) any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3; (ii) the development, after consultation with representatives of the shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement that a safety committee – including a seafarers’ representative – be established on all ships with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigation and statistics on occupational accidents, injuries and diseases in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there are no shore-based seafarer welfare facilities in the country. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on measures adopted, currently and in the future, to promote the development of welfare facilities in appropriate ports determined after consultation with shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Jamaica declared that the branches of social security for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10 are: sickness benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit. It further notes the Government’s reference to the National Insurance Act, 1966 without further information. Recalling that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee also requests the Government to indicate whether the existing bilateral or multilateral arrangements/agreements (with the United Kingdom, Canada and Quebec) 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) are still in force, and whether new bilateral or multilateral agreements have been concluded in this regard.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security for non-resident seafarers. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s statement that there are no statutory provisions on the issue of social security for non-resident seafarers working on ships flying the Jamaican flag who do not have adequate social security coverage. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the relevant branches of social security. The Committee requests the Government to specify any measures taken or foreseen in order to implement this provision of the Convention.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s information that there are no statutory provisions implementing this provision of the Convention and inspections are carried out by Inspectors from the Maritime Authority of Jamaica. While noting the absence of information on the application of this provision of the Convention in practice, the Committee requests the Government to provide information on the basic structure and objectives of the system in the country (including measures to assess its effectiveness) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly the Jamaican flag meet, and continue to meet, the standards of the Convention.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. The Committee notes the Government's indication that there are no statutory provisions requiring all ships that fly its flag to have a copy of the Convention available on board. Recalling that, pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 3. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s indication that all recognized organizations are granted the power to require rectification of deficiencies on ships and to carry out inspections at the request of port States. It further notes the Government’s indication that there are no statutory provisions on this issue. The Committee notes that the Government has not provided information regarding the relevant provisions implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2, paragraphs 1 and 3. The Committee therefore requests the Government to specify how effect is given to the requirements of Standard A5.1.2, paragraphs 1 and 3.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and the Code. Flag State responsibilities. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s information that while there are no specific provisions ensuring compliance with this requirement of the Convention, inspectors receive training in accordance with the Maritime Authority Quality Management System. The Committee requests the Government to indicate how effect is given to Standard A5.1.4, paragraph 3.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors. The Committee notes the Government’s indication that there are no statutory provisions on this issue. It recalls that this Standard provides for measures to be adopted to guarantee that inspectors have status and conditions of service, which ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to indicate the measures taken to give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints. Confidentiality of sources of grievances or complaints. The Committee notes the Government’s information that there are statutory provisions on this issue and procedures will be incorporated in amendments to the Shipping Act. The Committee recalls that this Standard provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections. The Committee notes the Government’s indication that there are currently no arrangements on this issue. The Committee recalls that under Standard A5.1.4, paragraph 12 of the Convention, inspectors are required to submit a copy of the inspection report to the master and that a copy be posted on the ship’s notice board. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that on-board complaint procedures have not yet been developed. The Committee further notes that the DMLC, Part I provided by the Government indicates that legislation will be introduced to ensure the requirements provided for under Standard A5.1.5, paragraphs 1 to 3. The Committee accordingly requests the Government to indicate the measures taken to ensure compliance with Standard A5.1.5.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. The Committee notes the Government’s indication that section 418 of the Shipping Act dealing with investigation of shipping causalities is being amended in light of the IMO Casually Investigation Code. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag and that the final report of the inquiry shall normally be made public. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Jamaica is a member of the Caribbean Memorandum of Understanding on Port State Control. The Government also indicates that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that the number of authorized officers appointed by the competent authority is nine. The Committee requests the Government to provide information on the qualifications and training required for carrying out port State control.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that no complaint-handling procedures have been established. The Committee draws the Government’s attention to the detailed requirements of Regulation 5.2.2 and the Code providing that seafarers on ships calling at the Member’s ports who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights), have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2 and Standard A5.2.2 of the Convention.

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