Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Antigua and Barbuda (Ratification: 2011)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes the observations made by the International Transport Workers’ Federation (ITF), received on 29 August 2025. The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for Antigua and Barbuda on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. Cadets. In its reply to the Committee’s previous comment, the Government indicates that the Antigua and Barbuda Department of Marine Services and Merchant Shipping (ADOMS) is presently working with its partners to agree on substantial equivalent measures applicable to cadets where required in accordance with the Convention. The ADOMS satellite office in Oldenburg Germany will take the matter forward with the German maritime administration, on the substantial equivalent measures that apply to German cadets, as related to the definition of seafarer under the MLC, 2006. The Committee requests the Government to adopt the necessary measures without further delay to ensure that cadets benefit from the protection afforded by the Convention.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that, in reply to its previous comment, the Government indicates that all the standards of the MLC, 2006 apply to vessels over 24 metres in length. The Code of Safety for Small Commercial Vessels Operating in the Caribbean Trading Area (SVC Code 2021) applies to small commercial vessels under 24 metres operating in the Caribbean Trading Area, which contains MLC, 2006 equivalent standards. The SVC Code 2021, however, does not apply to domestic vessels in protected waters which are subject to national employment legislation. In this respect, the Government refers to Marine Notice No. 2012-01 (Rev 3) on MLC, 2006 for small local vessels which sets out the provisions of the MLC, 2006, applicable to vessels of under 200 gross tonnage operating in domestic waters (i.e. Standards A1.1, A1.2, A1.4, A2.2, A2.3, A2.7, A4.1, A4.2, and A4.3). With respect to the provisions of the Convention that are not applicable to ships of 200 gross tonnage or less operating in Antiguan waters and in which seafarers are not accommodated on board (i.e. Standards 1.3, 2.1, 2.4, 2.5, 2.6, 3.1, and 3.2) and for those not applicable to ships of 200 gross tonnage or less operating in Antiguan waters, whether seafarers are accommodated or not (i.e. Standards 4.4 and 4.5), the Committee observes that the above-mentioned Marine Notice does not indicate what are the applicable alternative national provisions nor how the subject matter of each provision not applicable is dealt with differently by national laws or regulations or collective bargaining agreements or other measures as provided for in Article II, paragraph 6. The Committee requests once again the Government to provide detailed information on the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006, which is not applicable to them, in accordance with Article II, paragraph 6.

Article VII. Consultations. The Committee notes that, in response to its previous request, the Government states that this matter is taken into consideration and ADOMS’s Technical Division intends to submit a request to the Special Tripartite Committee of the MLC, 2006 in every case where consultation is required with representative organizations of shipowners and of seafarers. The Committee takes note of this information and requests the Government to provide information on any derogations and exemptions adopted in relation with the provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that paragraph (1)(d) of the Schedule to the Merchant Shipping (MLC, 2006) Regulations 2012 provides that “[e]xcept where the young person has been trained and certified as competent by an appropriate industry body in an area of work a person under the age of 18 shall not be employed or engaged or work on board a ship in the following types of work: (i) work listed under Guideline B4.3.10 paragraph 2, (a-l) of the Convention, (ii) hot work, such as welding and flame-cutting; (iii) work in enclosed or confined spaces; (iv) work aloft; (v) work outboard; (vi) work as a ship’s cook, or (vii) such other types of work as ADOMS may at any time determine after consultation, is likely to jeopardize their health or safety”. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous (including work as a cook) but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction and to provide information on the progress made in this regard.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes that Marine Notice No. 2012-01 (Rev 3) on MLC, 2006 for small local vessels provides that, for Antigua and Barbuda ships of less than 200 gross tonnage operating in Antiguan waters and in which seafarers are not accommodated on board and instead work on the ship on a day capacity, ADOMS will accept that the manning and qualifications specified in the Small Commercial Vessel Code” or the “Small Commercial Vessel and Pilot Boat Code”, which are notified to the IMO as equivalent standards, will be accepted in lieu of full STCW certification. The above-mentioned Marine Circular further specifies that with respect to the requirement for all seafarers to have completed training for personal safety ADOMS will accept that this requirement need not be applied in the case of ships under 200 GT operating in Antiguan waters and where the crew are not accommodated on board. The Committee draws the Government’s attention to the fact that while Article II, paragraph 6 provides flexibility with respect to the application of “certain details of the Code” (Standards and Guidelines, but not the Regulations) to ships of less than 200 gross tonnage that do not voyage internationally, it does not provide for the exclusion of a category of ships from the protection offered by the Convention. Referring to its comments under Article II, paragraph 6 of the Convention, the Committee requests the Government to indicate how the subject matter of Regulation 1.3, paragraph 2, is dealt with differently by national laws or regulations or collective bargaining agreements or other measures for ships of under 200 GT operating in Antiguan waters and where the crew are not accommodated on board.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes paragraph 5(f) of the Schedule to the Merchant Shipping (MLC, 2006) Regulations 2012, which provides that in lieu of “birthplace” specified in subparagraph (a) of paragraph 4 of Standard 2.1 the agreement may contain nationality as a substantially equivalent measure in accordance with Article VI of the Convention. The Committee recalls that the reference to “birthplace” was included as an element to distinguish persons of a same nationality with similar names. In this regard, the Committee considers that the particular of “nationality” does not achieve the same purpose as the “birthplace”. The Committee further considers that, pursuant to Standard A2.1, paragraph 4(k), the information on nationality might be included in the SEA in addition to the indication of the seafarers’ birthplace. Accordingly, the Committee requests the Government to amend the Merchant Shipping (MLC, 2006) Regulations 2012 to ensure full compliance with Standard A2.1, paragraph 4. The Committee further notes that Marine Notice No. 2012-01 (Rev 3) on the MLC, 2006, for small local vessels provides that, vessels of under 200 gross tonnage operating in Antiguan waters and in which seafarers are not accommodated on board will not be required to comply with this Standard. Referring to its comments under Article II, paragraph 6 of the Convention, the Committee requests the Government toprovide information on the implementation of the requirements under Regulation 2.1, for which exemptions are not possible, especially as regards the written agreements in which seafarers’ terms and conditions of employment are set out, the conditions under which the employment contract is entered into ensuring the opportunity for the seafarer to review and seek advice on the terms and conditions before freely accepting them, and the possible inclusion of any applicable collective bargaining agreement.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code of the Convention, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that paragraph 7(f) of the Schedule to the Merchant Shipping (MLC, 2006) Regulations 2012 provides for exceptions to the requirements of subparagraphs (b) and (c) of these Regulations, i.e. hours of rest could be divided into more than two periods in case of emergency or other overriding operational condition, provided that on conclusion of the situation, the seafarer involved receives suitable compensatory rest. The Committee observes that such exception goes beyond the requirement provided for under Standard A2.3, paragraph 14. The cases covered by this provision are provided for by paragraph 7 (j) of the said Regulations. In this respect, the Committee recalls that subject to Standard A2.3, paragraph 14, hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, or that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraph 6). The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.3, paragraphs 6 and 14.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that Marine Notice No. 2012-01 (Rev 3) on MLC, 2006, for small local vessels provides that, vessels of under 200 gross tonnage operating in Antiguan waters and in which seafarers are not accommodated on board will not be required to comply with this Standard. Referring to its comments under Article II, paragraph 6, the Committee requests the Government toprovide information on the implementation of the requirement provided for under Regulation 2.4 (for which exemptions are not possible) that seafarers working on board ships of under 200GT operating in Antiguan waters and in which seafarers are not accommodated on board are given paid annual leave.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to the model certificate found in Appendix 2 of ILO Circular 2016-001 (Rev 4). The Committee, however, observes that this document has not been provided and that it does not seem to be available online. The Committee reiterates its request to the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and the Code. Seafarer Compensation for the ship’s loss or foundering. The Committee notes that Marine Notice No. 2012-01 (Rev 3) on MLC, 2006, for small local vessels provides that, vessels of under 200 gross tonnage operating in Antiguan waters and in which seafarers are not accommodated on board will not be required to comply with this Standard. The Committee, however, observes that the Government does not indicate how the right for seafarers working on these ships to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering is dealt with differently by national provisions. Referring to its comments under Article II, paragraph 6, the Committee requests the Government toprovide information on the implementation of the requirement provided for under Regulation 2.6 (for which exemptions are not possible) that seafarers working on board ships of under 200GT operating in Antiguan waters and in which seafarers are not accommodated on board areentitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering.

Regulation 3.2 and the Code. Food and Catering. The Committee notes that Marine Notice No. 2012-01 (Rev 3) on MLC, 2006, for small local vessels provides that, vessels of under 200 gross tonnage operating in Antiguan waters and in which seafarers are not accommodated on board will not be required to comply with this Standard. The Committee, however, observes that the Government does not indicate how the requirements of Regulation 3.2, for which exemptions are not possible, are given effect to by national laws or regulations or collective bargaining agreements or other measures. Referring to its comments under Article II, paragraph 6, the Committee requests the Government toprovide information on the implementation of the requirement provided for under Regulation 3.2. for ships of under 200GT operating in Antiguan waters and in which seafarers are not accommodated on board.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. In reply to the Committee’s previous comment, the Government states this issue needs input from other Government agencies and that ADOMS is not presently in a position to fully address it. The Committee requests the Government to adopt the necessary measures to give full effect to the requirement of Standard A4.1, paragraph 4(d) that the competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, is available 24 hours a day and requests it to provide updated information on the progress made in this regard.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s indication that a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention can be found in annex 3 of Circular 2016-002 on Maritime Labour Convention (2006) Financial Security Requirements. The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in response to its previous request, the Government indicates that the development of national guidelines on occupational safety and health requires input from other Government agencies and that the matter has been referred to ADOMS Maritime Affairs and External Relations Division to take forward. The Committee requests the Government to adopt the necessary measures to give effect to Regulation 4.3, paragraph 2, and to provide updated information on the progress made in this regard.

Regulation 4.5 and the Code. Social security. In reply to its previous comment, the Committee notes the Government’s indication that other Government agencies, such as the Office of the Labour Commissioner may be able to provide information in this regard. Observing that the Government provides no information in reply to the points raised in its previous comments, the Committee expects to receive concrete information in the Government’s next report on how (i) Regulation 4.5 and its Code applies to vessels of 200 gross tonnage or less operating in Antigua and Barbuda waters; and (ii) it has given consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board the ships that fly its flag in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6).

Regulation 5.1 and the Code. Flag State responsibilities. General principles. The Committee notes the Government’s reply to its previous comment, specifying the MLC, 2006 ship certification system for Antigua and Barbuda flagged ships. The Committee observes that ILO Circular 2016-001 on Maritime Labour Convention 2006 Guidance states that, whether certificated or not, all commercial ships trading internationally must comply with the MLC, 2006, and that ADOMS recommends that operators of vessels of less than 500 GT should apply voluntarily for a certificate of compliance. With respect to vessels under 200 GT operating in domestic waters, Marine Notice No. 2012-01 (Rev 3) on MLC, 2006, for Small Local Vessels provides that ADOMS will include inspection of the applicable parts of the MLC, 2006, and the Merchant Shipping (Maritime Labour Convention 2006) Regulations 2012 in its annual inspections of local commercial vessels. While noting this information, the Committee, however, has not identified national provisions requiring that all ships are to be inspected at least every three years, including those that are not subject to certification (Standard A5.1.3, paragraph 3). The Committee once again requests the Government to indicate the measures taken to give full effect to Regulation 5.1.4 and the Code, and to clarify how ships of less than 500 gross tonnage, not subject to certification, are inspected for compliance with the requirements of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In reply to its previous comment, the Committee notes the Government’s indication that reports on flag State inspections are provided to the master and also posted on board in accordance with the requirements of Standard A5.1.4, paragraph 12. Observing that the Government does not specify the national provisions that give effect to this requirement of the Convention, the Committee reiterates its request to the Government to provide information in this regard.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the ITF’s observations with respect to the absence of publication, by the ADOMS of the report concerning the investigation following an accident that occurred on board the M/V Aurora on 13/01/2024, which led to life changing injuries of a seafarer. Recalling that Regulation 5.1.6, paragraph 1, provides that the final report of an inquiry into any serious marine casualty leading to injury or loss of life shall normally be made public, the Committee requests the Government to ensure it fully complies with the Convention in relation to this and similar cases and to provide its comments in relation to the ITF’s observation.