Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Uruguay

Convention (n° 23) sur le rapatriement des marins, 1926 (Ratification: 1933)
Convention (n° 108) sur les pièces d'identité des gens de mer, 1958 (Ratification: 1973)
Convention (n° 134) sur la prévention des accidents (gens de mer), 1970 (Ratification: 1977)

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.