Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Repatriation of Seamen Convention, 1926 (No. 23) - Belize (Ratification: 2005)

The Committee takes note of the information sent by the Government in response to its previous comments concerning the exclusion of home-trade vessels, repatriation destinations and practice regarding the rights of foreign seafarers. The Committee would be grateful if the Government would provide information on the following points.

Article 1, paragraphs 3 and 4, of the Convention. Right to repatriation. The Government states that only section 6 of the Merchant Shipping Notice MSN-0021 deals with repatriation and that the Labour Act applies only within territorial waters. Notwithstanding the fact that the Government’s previous report referred to section 5 of MSN-0021 and to the Labour Act as dealing with cases of repatriation, section 6 concerns only instances in which a seafarer is landed at the end of the contract. The Committee recalls that the Convention confers on all seafarers who are landed during the term of their engagement or on its expiry, the right to be taken back to one of the destinations provided for in the Convention, regardless as to whether the repatriation expenses are borne by the shipowner or by the seafarer. The Committee again asks the Government to take the necessary steps to ensure that in all cases where a seafarer is landed during the term of his engagement or on its expiry, including in cases of termination of by mutual consent, by notice, etc., the seafarer shall be entitled to repatriation, without prejudice to the arrangements made concerning repatriation expenses.

Article 4, subparagraphs (a) and (c). Duty to bear repatriation costs in case of injury or illness. The Government indicates that disembarkation following illness or accident is considered as disembarkation “for reasons for which the seafarer is not responsible”, and triggers entitlement to repatriation at the owner’s expense. The Government further reports that it intends to revise section 8 of MSN-0021. The master’s decision will henceforth be based on the recommendations contained in the medical certificate. If repatriation is recommended, this will be done at the owner’s expense. The Committee requests the Government to include, with its next report, a copy of the legislation so amended.

Article 4, subparagraph (d). Duty to bear repatriation costs in case of discharge. The Committee previously asked the Government to specify cases of termination of employment by the shipowner, by mutual consent of the parties or by the seafarer, in which the landing ashore is considered as taking place “for reasons for which he or she is not responsible”, to use the wording of section 5 of MSN-0021. The Government indicates in its report that section 5 does not address repatriation specifically, this being dealt with by article 6 of the MSN. The Committee requests the Government to indicate how it is ensured that, in the event of discharge for any cause for which the seafarer cannot be held responsible, the expenses of repatriation shall be borne by the shipowner, in accordance with Article 4(d) of the Convention.

Article 6 and Part III of the report form. Coordination. Supervision. The Government indicates that the International Merchant Marine Registry of Belize (IMMARBE) intervenes in order to ensure that owners fulfil their financial responsibilities as employers. Major practical difficulties in implementing the Convention for vessels registered with IMMARBE are only foreseen in the rare cases where owners have become insolvent. While it indicated previously that the Labour Department is responsible for seeing to the repatriation of workers in accordance with section 63(2)(b) of the Labour Act, the Government states in its 2009 report that the Labour Act applies only within the territorial waters. The Committee again asks the Government to state whether the competent public authority has instructions to advance, where necessary, the expenses of repatriation to both national and foreign seafarers.

Part V of the report form. The Government states that the Labour Department and the IMMARBE are presently reviewing their roles and responsibilities in the area of implementing international conventions. The Committee asks the Government to indicate in its next report the outcome of those consultations and the measures envisaged to ensure that the activities of the IMMARBE and the Labour Department are efficiently coordinated.

The Committee notes that no statistics have been supplied on the number of seafarers covered by this Convention, and that statistical information will be collected in the future for the purpose of assessing the application of the Convention. The Committee requests the Government to send detailed information on the practical effect given to the Convention, including extracts from reports of relevant officials, the number of seafarers covered by measures giving effect to the Convention, the number and nature of infringements reported, the penalties imposed, etc., as soon as they are available.