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

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 1, subparagraph (g), of the Convention. Exclusion of home-trade vessels. The Government indicates that vessels engaged in “coastal and river service” and “home-trade vessels” are excluded from the scope of the relevant national legislation. Since such ships, as defined in sections 2 and 9 of the Harbours and Merchant Shipping Act, may be involved in voyages to a neighbouring country within certain geographical limits, both these categories of vessels can be regarded as “home trade vessels” in accordance with Article 2, subparagraph (d), of the Convention. The Government indicates that there is no tonnage limit in respect of vessels engaged in home trade. The Convention, however, does not allow for the exclusion of all home-trade vessels, but only for the exclusion of such vessels up to a certain tonnage. Home-trade vessels beyond a given tonnage limit would fall within the scope of the Convention. The Committee requests the Government to prescribe, by national law, a tonnage limit for vessels engaged in the home trade, above which the Convention shall apply.

Article 3, paragraphs 1 and 4. Entitlement to repatriation. According to section 5 of the Seafarers’ Articles of Agreement Form in Merchant Shipping Notice MSN-0021, any seafarer who is put ashore at a port other than the one where he or she signed on the articles for reasons for which he or she is not responsible, shall be returned without expense to him or her to the prescribed port. Section 6 provides that any seafarer whose period of employment is terminated by reason of completion of the voyage for which he or she was engaged or of the expiration of his or her contract period of employment, shall be entitled to repatriation at no expense to him or her. Under section 58(1) of the Labour Act, every worker party to a contract who has been brought to the place of employment by the employer shall have the right to be repatriated in case of termination of contract for the reasons enumerated under subparagraphs (a)–(e) of this provision.

The Convention confers on any seafarer, who has landed during the term of his engagement or on its expiration, the right to be taken back to one of the repatriation destinations provided in the Convention – and this regardless as to whether, under Article 4 of the Convention, the repatriation expenses are borne by the shipowner or by the seafarer. The Committee requests the Government to take the necessary measures to ensure that, in all cases, where a seafarer is landed during the term of his engagement or on its expiration, including in cases of termination by mutual consent, cases of termination by notice, etc., the seafarer shall be entitled to repatriation, this being without prejudice to the arrangements made concerning repatriation expenses.

The Committee also asks the Government to give full particulars as to the practice regarding the rights to repatriation of foreign seafarers in the following cases: (1) when they are engaged in a country other than their own; and (2) when they are engaged in a port of their own country and are landed, whether during the term or on the expiration of the agreement, (a) in the country to which the vessel belongs, or (b) in some other country.

Article 3, paragraphs 1 and 3. Repatriation destinations. Section 6 of the Seafarers’ Articles of Agreement Form provides that any seafarer whose period of employment is terminated by reason of completion of the voyage for which he or she was engaged or of expiration of his or her contract period of employment, shall be entitled to repatriation at no expense to him or her to the port or place at which he or she was engaged or to such other port or place as may be agreed upon, unless otherwise specified in the supplemental provisions. The Committee asks the Government to indicate whether any such supplemental provisions have been issued specifying a place for repatriation other than the destinations provided for in section 6.

Article 3, paragraph 2. Repatriation through suitable employment. According to section 5 of the Seafarers’ Articles of Agreement Form, any seafarer who is put ashore at a port other than the one where he or she signed on the articles for reasons for which he or she is not responsible, shall be returned as a seafarer or otherwise. However, in the event such seafarer’s period of service specified in his contract of employment has not expired, the shipowner shall have the right to transfer him or her to another of the shipowner’s vessels, to serve thereon for the balance of the unexpired period of service. According to the Convention, a seafarer shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding to one of the prescribed destinations. Please clarify whether and within what period the vessel, on which the seafarer entitled to repatriation may be transferred to serve for the balance of the unexpired period of service, is supposed to be proceeding to one of the prescribed repatriation destinations.

Article 4. Duty to bear repatriation costs. Subparagraphs (a) and (c). Injury or illness. Section 8 of the Seafarers’ Articles of Agreement Form provides that any seafarer may request his or her immediate discharge on grounds of injury or illness, and that such discharge may be granted at the master’s reasonable discretion at the next appropriate port. According to section 5, the seafarer is entitled to free repatriation whenever he is put ashore at a port other than the one where he or she signed on the articles for reasons for which he or she is not responsible.

The Committee requests the Government to indicate whether discharge on grounds of injury or illness at the next appropriate port in accordance with section 8 of the Seafarers’ Articles of Agreement Form, is considered as a debarkation “for reasons for which the seafarer is not responsible”, thus triggering the entitlement to free repatriation under section 5.

Subparagraph (d). Discharge. The Committee requests the Government to describe the 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”, thus triggering the seafarer’s entitlement to free repatriation under section 5 of the Seafarers’ Articles of Agreement Form.

Article 6 and Part III of the report form. 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 the implementation of the Convention for vessels registered with IMMARBE are only foreseen in the rare cases where owners have become insolvent. The Government further indicates 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 Committee asks the Government to state whether the competent authority has instructions to advance, where necessary, the expenses of repatriation to both national and foreign seafarers.

Part V of the report form. According to the Government’s report, the monitoring of the vessels registered at IMMARBE, including the application of the Convention, is constantly performed by, inter alia, annual flag State inspections. The Government further refers to section 9(a) of the Labour Act, which provides that one of the duties of labour inspectors shall be to ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied. The Committee asks the Government to indicate by what means it is ensured that the activities of the IMMARBE and the Labour Department are efficiently coordinated. Please provide more detailed information on the practical application of the Convention, including relevant extracts of official reports, the number of seafarers covered by the measures giving effect to the Convention, the number and nature of infringements reported, penalties imposed, etc.