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

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - Sri Lanka (Ratification: 1951)

Implementation of the Convention. The Committee takes note of the Government’s indication in its reports that measures are currently being taken to ratify both the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee requests the Government to provide information on any progress achieved in this respect.

Article 1(1) of the Convention. Definition of the term “seaman”. In its previous comments, noting that section 7 of the Sri Lanka Crew Agreement issued under the Merchant Shipping Act No. 52 of 1971 (Cap. 233) defined the term “seaman” to mean “any Sri Lankan possessing a Continuous Discharge Certificate Book issued by the Shipping Officer of Sri Lanka and who is actually engaged to work on the vessel as a member of the crew” and “officer” as members of the crew, other than the master, who is engaged to work on a vessel, the Committee considered that these terms were not in conformity with the Convention. Accordingly, it requested the Government to extend the coverage of the pay compensation provided for in paragraph 2(o)(ii) of the Crew Agreement to non-Sri Lankan seafarers employed on Sri Lankan-registered vessels and to all crew members employed on board vessels regardless of their position or grade, thus including masters. The Committee notes the Government’s indication that, contrary to previous years, there are currently some foreigners working on mercantile vessels, and that the Ministry of Ports and Shipping and the Merchant Shipping Secretariat are in the process of reviewing the Sri Lanka Crew Agreement, including the extension of coverage of the pay compensation. The Committee recalls that the Convention defines “seamen” as “all persons employed on any vessel engaged in maritime navigation”. Noting the ongoing process of revision of the Crew Agreement, the Committee requests the Government to adopt the necessary measures to implement this provision of the Convention.

Article 2. Payment of unemployment indemnity. In its previous comments, the Committee requested the Government to remove the limitation – not authorized or contemplated in the Convention – in section 19(2)(b) of the Merchant Shipping (Engagements and Conditions of Service of Seamen) Regulations of 1974, according to which the seaman would not be entitled to the unemployment indemnity if he or she failed, through negligence, to apply for relief as a distressed or destitute seaman. The Committee notes the Government’s statement that the Ministry of Ports and Shipping and the Merchant Shipping Secretariat are in the process of reviewing the Regulations so as to follow the international requirements. The Committee recalls, in this respect, that Article 2 of the Convention requires the shipowner or the person with whom the seaman has contracted to pay each seaman an indemnity against unemployment resulting from the ship’s loss or foundering. Noting the ongoing process of revision of the Regulations, the Committee requests the Government to adopt the necessary measures to implement this provision of the Convention.