Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) - Dominica (Ratification: 1983)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

The Committee notes the Government’s indication that a special Tripartite Committee has been appointed to advise the Government on all matters relating to legislation and institutional changes necessary for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006). It also notes that a National Action Plan has been prepared in order to formulate recommendations to the Government on matters of maritime laws and administration.

Articles 2 and 3 of the Convention. Medical examination of young seafarers. The Committee has been drawing the Government’s attention to the need to adopt specific laws or regulations to regulate the medical examination of young seafarers, especially since the Employment of Women, Young Persons and Children Act permits young persons on board ships already from the age of 14 and also in view of the fact that Dominica has a sizeable fleet under its flag. In a previous report, the Government indicates that regrettably no progress has been made on this matter other than that the Industrial Relations Advisory Committee is planning to examine the question of the medical examination of young seafarers with a view to modifying the legislation and complying with the requirements of the Convention. The Committee recalls that the employment of any young person under 18 years of age on any vessel should be conditional on the production of a medical certificate delivered by a medical practitioner and also that the continued employment at sea of any such young person should be subject to the repetition of such medical examination at intervals of not more than one year. Noting that the Government has indicated in earlier reports its preparedness to update its laws to give full effect to the provisions of the Convention, the Committee requests the Government to keep the Office informed of any progress made in this regard.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2 and 3 of the Convention. Medical examination of young seafarers. The Committee has been drawing the Government’s attention to the need to adopt specific laws or regulations to regulate the medical examination of young seafarers, especially since the Employment of Women, Young Persons and Children Act permits young persons on board ships already from the age of 14 and also in view of the fact that Dominica has a sizeable fleet under its flag. In a previous report, the Government indicates that regrettably no progress has been made on this matter other than that the Industrial Relations Advisory Committee is planning to examine the question of the medical examination of young seafarers with a view to modifying the legislation and complying with the requirements of the Convention. The Committee recalls that the employment of any young person under 18 years of age on any vessel should be conditional on the production of a medical certificate delivered by a medical practitioner and also that the continued employment at sea of any such young person should be subject to the repetition of such medical examination at intervals of not more than one year. Noting that the Government has indicated in earlier reports its preparedness to update its laws to give full effect to the provisions of the Convention, the Committee requests the Government to keep the Office informed of any progress made in this regard.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. Medical examination of young seafarers. The Committee has been drawing the Government’s attention to the need to adopt specific laws or regulations to regulate the medical examination of young seafarers, especially since the Employment of Women, Young Persons and Children Act permits young persons on board ships already from the age of 14 and also in view of the fact that Dominica has a sizeable fleet under its flag. In its last report, the Government indicates that regrettably no progress has been made on this matter other than that the Industrial Relations Advisory Committee is planning to examine the question of the medical examination of young seafarers with a view to modifying the legislation and complying with the requirements of the Convention. The Committee recalls that the employment of any young person under 18 years of age on any vessel should be conditional on the production of a medical certificate delivered by a medical practitioner and also that the continued employment at sea of any such young person should be subject to the repetition of such medical examination at intervals of not more than one year. The Committee also recalls that the same requirements have been incorporated in Standard A1.2(1) and (7) of the Maritime Labour Convention, 2006 (MLC, 2006) which revises Convention No. 16. Noting that the Government has indicated in earlier reports its preparedness to update its laws to give full effect to the provisions of the Convention, the Committee requests the Government to keep the Office informed of any progress made in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. Medical examination of young seafarers. The Committee has been drawing the Government’s attention to the need to adopt specific laws or regulations to regulate the medical examination of young seafarers, especially since the Employment of Women, Young Persons and Children Act permits young persons on board ships already from the age of 14 and also in view of the fact that Dominica has a sizeable fleet under its flag (according to the 2009 World Fleet Statistics, the Dominica ship registry comprises 102 vessels totalling 913,000 GT). In its last report, the Government indicates that regrettably no progress has been made on this matter other than that the Industrial Relations Advisory Committee is planning to examine the question of the medical examination of young seafarers with a view to modifying the legislation and complying with the requirements of the Convention. The Committee recalls that the employment of any young person under 18 years of age on any vessel should be conditional on the production of a medical certificate delivered by a medical practitioner and also that the continued employment at sea of any such young person should be subject to the repetition of such medical examination at intervals of not more than one year. The Committee also recalls that the same requirements have been incorporated in Standard A1.2(1) and (7) of the Maritime Labour Convention, 2006 (MLC, 2006) which revises Convention No. 16 together with 36 other international maritime labour Conventions. Noting that the Government has indicated in earlier reports its preparedness to update its laws to give full effect to the provisions of the Convention, the Committee requests the Government to keep the Office informed of any progress made in this regard.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO/IMO Meeting on Medical Fitness Examinations of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the MLC, 2006, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 and 3 of the Convention. Medical examination of young seafarers. The Committee has been drawing the Government’s attention to the need to adopt specific laws or regulations to regulate the medical examination of young seafarers, especially since the Employment of Women, Young Persons and Children Act permits young persons on board ships already from the age of 14 and also in view of the fact that Dominica has a sizeable fleet under its flag (according to the 2009 World Fleet Statistics, the Dominica ship registry comprises 102 vessels totalling 913,000 GT). In its last report, the Government indicates that regrettably no progress has been made on this matter other than that the Industrial Relations Advisory Committee is planning to examine the question of the medical examination of young seafarers with a view to modifying the legislation and complying with the requirements of the Convention. The Committee recalls that the employment of any young person under 18 years of age on any vessel should be conditional on the production of a medical certificate delivered by a medical practitioner and also that the continued employment at sea of any such young person should be subject to the repetition of such medical examination at intervals of not more than one year. The Committee also recalls that the same requirements have been incorporated in Standard A1.2(1) and (7) of the Maritime Labour Convention, 2006 (MLC, 2006) which revises Convention No. 16 together with 36 other international maritime labour Conventions. Noting that the Government has indicated in earlier reports its preparedness to update its laws to give full effect to the provisions of the Convention, the Committee requests the Government to keep the Office informed of any progress made in this regard.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO/IMO Meeting on Medical Fitness Examinations of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the MLC, 2006, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2–4 of the Convention. Medical examination. In its latest report, the Government stated that employment of young persons at sea is governed by the Employment of Women, Young Persons and Children Act of 1991. This Act, however, does not deal with the medical examination of young persons.

Since the ratification of the Convention by Dominica in 1983, the Government had repeatedly indicated in its reports that legislation on the subject of medical examination of young persons was under consideration. No legislation was, however, adopted. In its latest report, the Government again stated that further attempts would be made in this regard.

While, in previous reports, the Government had also indicated that Dominica had no merchant fleet, the Committee notes from other shipping sources that by today, Dominica has a sizeable fleet under its flag. It has thus become a matter of urgency to regulate the medical examination of young persons, especially since the Employment of Women, Young Persons and Children Act permits work of young persons on board ships already from the age of 14 (whereas Dominica declared a general minimum age of 15 years when ratifying the Minimum Age Convention, 1973 (No. 138)).

The Committee recalls that the employment of any child or young person under 18 years of age on any vessel, other than vessels upon which only members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority (Article 2 of the Convention). The Committee further recalls that the continued employment at sea of any such child or young person is to be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work (Article 3).

The Committee therefore urges the Government to take promptly all necessary measures to ensure that any child or young person under 18 years of age, to be employed on any vessel, shall produce a medical certificate attesting fitness for work, and that further employment of such a person be subject to the repetition of a medical examination at intervals of not more than one year and the production of a further medical certificate.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

In its latest report, the Government stated that employment of young persons at sea is governed by the Employment of Women, Young Persons and Children Act of 1991. This Act, however, does not deal with the medical examination of young persons.

Since the ratification of the Convention by Dominica in 1983, the Government had repeatedly indicated in its reports that legislation on the subject of medical examination of young persons was under consideration. No legislation was, however, adopted. In its latest report, the Government again stated that further attempts would be made in this regard.

While, in previous reports, the Government had also indicated that Dominica had no merchant fleet, the Committee notes from other shipping sources that by today, Dominica has a sizeable fleet under its flag. It has thus become a matter of urgency to regulate the medical examination of young persons, especially since the Employment of Women, Young Persons and Children Act permits work of young persons on board ships already from the age of 14 (whereas Dominica declared a general minimum age of 15 years when ratifying the Minimum Age Convention, 1973 (No. 138)).

The Committee recalls that the employment of any child or young person under 18 years of age on any vessel, other than vessels upon which only members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority (Article 2 of the Convention). The Committee further recalls that the continued employment at sea of any such child or young person is to be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work (Article 3).

The Committee therefore urges the Government to take promptly all necessary measures to ensure that any child or young person under 18 years of age, to be employed on any vessel, shall produce a medical certificate attesting fitness for work, and that further employment of such a person be subject to the repetition of a medical examination at intervals of not more than one year and the production of a further medical certificate.

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

The Committee notes the Government’s latest report, in which it states that employment of young persons at sea is governed by the Employment of Women, Young Persons and Children Act of 1991. This Act, however, does not deal with the medical examination of young persons.

Since the ratification of the Convention by Dominica in 1983, the Government had repeatedly indicated in its reports that legislation on the subject of medical examination of young persons was under consideration. No legislation was, however, adopted. In its latest report, the Government again states that further attempts would be made in this regard.

While, in previous reports, the Government had also indicated that Dominica had no merchant fleet, the Committee notes from other shipping sources that by today, Dominica has a sizeable fleet under its flag. It has thus become a matter of urgency to regulate the medical examination of young persons, especially since the Employment of Women, Young Persons and Children Act permits work of young persons on board ships already from the age of 14 (whereas Dominica declared a general minimum age of 15 years when ratifying the Minimum Age Convention, 1973 (No. 138)).

The Committee recalls that the employment of any child or young person under 18 years of age on any vessel, other than vessels upon which only members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority (Article 2 of the Convention). The Committee further recalls that the continued employment at sea of any such child or young person is to be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work (Article 3).

The Committee therefore urges the Government to take promptly all necessary measures to ensure that any child or young person under 18 years of age, to be employed on any vessel, shall produce a medical certificate attesting fitness for work, and that further employment of such a person be subject to the repetition of a medical examination at intervals of not more than one year and the production of a further medical certificate.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls from previous reports that there is no draft legislation to give effect to the Convention. It further notes that Dominica presently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing boats.

The Committee requests the Government in future reports to inform it of any changes in law or practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

It recalls from previous reports that there is no draft legislation to give effect to the Convention. It further notes that Dominica presently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing boats.

The Committee requests the Government in future reports to inform it of any changes in law or practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

It recalls from previous reports that there is no draft legislation to give effect to the Convention. It further notes that Dominica presently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing boats.

The Committee requests the Government in future reports to inform it of any changes in law or practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report.

It recalls from previous reports that there is no draft legislation to give effect to the Convention. It further notes that Dominica presently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing boats.

The Committee requests the Government in future reports to inform it of any changes in law or practice.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee noted previously that draft legislation to give effect to the Convention was with the Ministry of Legal Affairs, prior to submission to the legislation body for finalization.

The Committee notes from the Government's most recent report that there was no draft legislation to give effect to the Convention, as was mentioned in previous reports, and that a number of United Kingdom legislative texts have been omitted from the 1990 Revised Laws of the Commonwealth of Dominica. The Committee further notes the Government's renewed indication that Dominica presently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing boats.

The Committee hopes that in future reports the Government will provide information concerning any changes in law or in practice.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes from the Government's latest report that the draft legislation to give effect to the Convention is with the Ministry of Legal Affairs for final consultation before finalization by the legislative body. It requests the Government to indicate in its next report the progress made in adopting the legislation. The Committee also notes that Dominica currently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing vessels. It hopes that the Government will provide information if the situation evolves.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's latest report that the draft legislation to give effect to the Convention is with the Ministry of Legal Affairs for final consultation before finalization by the legislative body. It hopes the Government will indicate in its next report the progress made in adopting the legislation. The Committee also notes that Dominica currently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing vessels. Please provide indications if the situation evolves.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the Government's latest report that the draft legislation to give effect to the Convention is with the Ministry of Legal Affairs for final consultation before finalization by the legislative body. It hopes the Government will indicate in its next report the progress made in adopting the legislation. The Committee also notes that Dominica currently has no merchant marine and that the only cases of employment of children under the age of 18 concern family-run fishing vessels. Please provide indications if the situation evolves.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's report that the new legislation to give effect to the Convention is still in draft form. It requests the Government to indicate in its next report any progress made in that respect.

The Committee further recalls indications given in an earlier report that guidance in applying the Convention is taken from the British Merchant Shipping Act, 1984, as amended, which has not been repealed from the Dominica statute book. The Committee accordingly requests the Government to state whether, pending the adoption of new legislation, the following texts which gave effect to the Convention remain applicable: Merchant Shipping (International Labour Conventions) Act, 1925, as extended by the Merchant Shipping (Colonies) Order, 1927; and Merchant Shipping (Colonies) (Amendment) Order, 1942.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's report that the new legislation to give effect to the Convention is still in draft form. It requests the Government to indicate in its next report any progress made in that respect.

The Committee further recalls indications given in an earlier report that guidance in applying the Convention is taken from the British Merchant Shipping Act, 1984, as amended, which has not been repealed from the Dominica statute book. The Committee accordingly requests the Government to state whether, pending the adoption of new legislation, the following texts which gave effect to the Convention remain applicable: Merchant Shipping (International Labour Conventions) Act, 1925, as extended by the Merchant Shipping (Colonies) Order, 1927; and Merchant Shipping (Colonies) (Amendment) Order, 1942.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the Government's report that the new legislation to give effect to the Convention is still in draft form. It requests the Government to indicate in its next report any progress made in that respect.

The Committee further recalls indications given in an earlier report that guidance in applying the Convention is taken from the British Merchant Shipping Act, 1984, as amended, which has not been repealed from the Dominica statute book. The Committee accordingly requests the Government to state whether, pending the adoption of new legislation, the following texts which gave effect to the Convention remain applicable: Merchant Shipping (International Labour Conventions) Act, 1925, as extended by the Merchant Shipping (Colonies) Order, 1927; and Merchant Shipping (Colonies) (Amendment) Order, 1942.