Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Maritime Labour Convention, 2006 (MLC, 2006) - Saint Vincent and the Grenadines (Ratification: 2010)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 entered into force for the country on 26 December 2020. Those adopted in 2022 will enter into force for Saint Vincent and the Grenadines on 23 December 2024.

Impact of the COVID-19 pandemic. The Committee notes that, in reply to its previous comments, the Government refers to Circular No. GEN 025 – Rev 16 containing exceptional measures to face COVID-19 in the maritime sector (in force from 1 January to 1 April 2023). The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Government provides limited information in reply to its previous comments. The Committee requests the Government to adopt without delay the necessary measures to give effect to the provisions of the Convention taking into account the following comments, and to provide information on any developments in this regard. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. Noting that section 2 of the Shipping Act of 2004 excluded from the definition of “seafarer” masters and pilots, the Committee requested the Government to indicate the measures taken to harmonize its legislation to ensure that the protection afforded by the Convention is guaranteed to all seafarers within its scope of application, including masters. The Committee notes the Government’s information that: (i) the definition of seafarers contained in the Shipping Act is different from that of the MLC, 2006, as the Shipping Act predated the Convention; (ii) Circular No. MLC 002 of 8 December 2020– rev.1 on Procedures for Maritime Labour Convention Certification (Circular MLC No. 002), which is a legal document, provides guidelines for the proper definition of the term seafarer in line with the Convention (section 2.3); and (iii) this is the measure taken until the amendment to Part I of the Shipping Act. The Committee notes that the Shipping (Maritime Labour Convention) Regulations, 2017 (SVG Regulations), promulgated to give effect to the MLC, 2006, while not defining the term “seafarer”, establish that the terms used in the Regulations shall bear the meaning they have in the Convention. The Committee requests the Government to provide information on any progress towards the amendment of the Shipping Act and the harmonization of the relevant legislation to ensure that the national provisions implementing the MLC, 2006 apply to all seafarers under its scope. Noting that according to section 2.3.4 of Circular MLC No. 002, “non-marine personnel employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel” are not considered as seafarers, the Committee requested the Government to provide detailed explanations concerning the categories of persons falling within the definition of non-marine personnel. The Committee notes that the Government explains these exceptions on two factors taken from Resolution VII concerning information on occupational groups adopted in 2006 by the 94th (Maritime) Session) of the International Labour Conference: (i) their work is not part of the routine business of the ship; and (ii) their principal place of business is ashore. The Committee recalls that among the criteria to be considered under Resolution VII to resolve any doubts about designating a particular category of persons working on board as seafarers for the purpose of the Convention, there is also the duration of the stay on board, the frequency of periods spent on board and the purpose of the person’s work on board. Accordingly,the Committee requests the Government to clarify how it has taken into account such criteria when excluding categories of non-marine personnel employed under outsourced service agreements from the definition of seafarers pursuant (section 2.3.4 of Circular MLC No. 002).

Article VII. Consultations. The Committee noted the Government’s indication that representative organizations of seafarers have not yet been established despite numerous efforts. The Committee notes the Government’s commitment to consult with the Special Tripartite Committee established in accordance with Article XIII of the Convention. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In its previous comments, the Committee noted that the exception to night work of seafarers under 18 years established under Title 1, paragraphs 1(d) and 8(c) of the Schedule of the SVG Regulations (seafarers trained and certified as competent) is not fully in line with Standard A1.1, paragraph 3. The Committee notes that, in reply to its comments, the Government indicates that: (i) this exception is only granted within the framework of a recognized training programme developed by the training institution or the owner and verified and accepted/recognized by the competent authority; (ii) no such a request from a shipowner or a training institution has been received by the Government so far; and (iii) shipowners must show compliance to the Schedule of the SVG Regulations through the Declaration of Maritime Labour Compliance (DMLC), Part II (including providing evidence of the seafarers’ age and type of work), and the routine inspections by recognized organizations (ROs) and local surveyors. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee noted that Title 1, paragraph (1)(c), of the Schedule of the SVG Regulations – according to which seafarers under the age of 18 shall not be employed, engaged or work on-board a ship in the types of work listed under Guideline B4.3.10, paragraph 2 (a-l) of the MLC, 2006, unless recognized as “trained and certified as competent by an appropriate industry body in an area of work” – was not in full conformity with Standard A1.1, paragraph 4. The Committee notes that, in reply to its comments, the Government reiterates previous information and refers to Circular No. MLC 004 – Rev. I of 2018, which mainly reproduces Guideline B4.3.10, paragraph 2, and provides that, in addition, the shipowner may determine the types of work which are potentially hazardous and likely to jeopardize the health and safety of young seafarers under the 18 years of age. The Committee again recalls that: (i) 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 but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction; and (ii) under the same Standard, types of hazardous work prohibited to seafarers under 18 years shall be determined by national legislation or by the competent authority (not by the shipowner), after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee accordingly requests the Government to adopt the necessary measures without delay to give full effect to Standard A1.1, paragraph 4, clearly distinguishing between types of work that are prohibited and those that can only be undertaken under adequate supervision.

Regulation 1.2 and Standard A1.2, paragraphs 5 and 6. Medical certificate. Right to have a further examination. Nature of medical examination. The Committee notes that, in reply to its previous comments, the Government indicates that every seafarer is required to present a Seafarer’s Medical Fitness Report prescribed by the competent authority, signed and stamped by a duly qualified medical practitioner taking into consideration among others Standard A1.2, paragraphs 5 and 6. Also, the DMLC, Part I, requires all seafarers medical certificates to follow standards of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended (STCW), and ILO/WHO guidelines. The Committee notes that the Government has supplied a model medical certificate. The Committee takes note of this information.

Regulation 2.1 and the Code. Seafarers’ employment agreements. Information on conditions of employment. The Committee notes that, in reply to its comments on the application of Standard A2.1, paragraph 1(d), the Government: (i) refers to the Schedule of the SVG Regulations, Title 2, paragraph 5(a), which prescribes that the seafarers’ employment agreement (SEA) should comply with Standard A2.1, paragraph 1(a)-(e); and (ii) indicates that compliance with such requirement is verified by ROs during MLC inspections. The Committee takes note of this information.

Regulation 2.1 and the Code. Seafarers’ employment agreements.Model SEA. The Committee notes that, in reply to its comments, the Government supplies a document of 11 June 2020 of the Maritime Administration establishing the requirements to be included in a SEA, which are in line with Standard A2.1, paragraph 4. The Government also supplies a sample SEA, which is however a contract of services between the third contractor and the company for the services of a seafarer. The Committee requests the Government once again to supply examples of SEAs, possibly in relation to a seafarer directly employed by the shipowner and a seafarer employed by a third party (e.g., manning agency).

Regulation 2.1 and the Code. Seafarers’ employment agreements. Substantial equivalence:birthplace. The Committee noted that paragraph 5(e) of the Schedule of the SVG Regulations provides that in lieu of ‘birthplace’ included under Standard A2.1, paragraph 4(a), the SEA may contain ‘nationality’ as substantially equivalent measure in accordance with Article VI of the Convention. The Committee notes that, in reply to its comments, the Government indicates that: (i) it conducted a meticulous evaluation to ensure the substantial equivalence of the ‘nationality’ criterion with Article VI, while accommodating the specific needs of the country; (ii) this process involved comprehensive security and identity verification assessments; (iii) the ‘nationality’ criterion, as implemented by Government, maintains stringent security standards mandated by the Convention, ensuring that seafarers’ identity documents remain secure against fraud; and (iv) the decision to use ‘nationality’ as a criterion was made with the aim of addressing the unique characteristics of the maritime industry. While noting the Government’s explanation, 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”. At the same time, it 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 SVG Regulations to ensure full compliance with Standard A2.1, paragraph 4.

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. The Committee notes that Circular No. MLC 011 of 26 December 2020 informs the relevant maritime stakeholders about 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 abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and the Code. Hours of work and hours of rest. Young seafarers. The Committee notes that, in reply to its comments, the Government indicates that a circular will be published which will include measures for seafarers under the age of 18 and give due consideration to Guideline B2.3.1.The Committee requests the Government to provide information on any progress in this regard.

Regulation 2.3 and the Code. Hours of work and hours of rest.Division of hours of rest. The Committee noted that Title 2, paragraph 7(f) of the Schedule of the SVG Regulations, which allows, inter alia, hours of rest to be divided into more than two periods in case of emergency or other overriding operational condition, goes beyond the requirement provided by Standard A2.3, paragraph 14. Noting that the Government provides no new information in reply to its comments, the Committee requests it to take the necessary measures to ensure thatfull effect is given to Standard A2.3, paragraphs 6, including in the emergency situations provided for by Standard A2.3, paragraph 14, and to provide information in this respect.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In its previous comments, the Committee noted that Title 2, paragraph 9(c) of the Schedule of the SVG Regulations, which provides that the maximum duration of service on board ship shall not exceed twelve months, is not in full compliance with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b), according to which the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee notes the Government’s information that: (i) the Schedule of the SVG Regulations may be updated to give consideration to Standard A2.5.1, paragraph 2(b); and (ii) to ensure conformity with Standard A2.4, paragraph 3, the competent authority will update the DMLC, part I and the SEA to include reference to the Schedule of the SVG Regulations, Title 2, paragraph 9(c). The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b) so as to provide that the maximum continuous period of shipboard service without leave is, in principle, 11 months.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that paragraph 9(f) of Title 2 of the Schedule of the SVG Regulations reproduces the requirements set up in the Convention and it sets out only one circumstance in which the costs of repatriation may be charged to seafarers, i.e. “where the seafarer has been found to be in serious default of his employment obligations”. The Committee also notes that the Government has provided a sample “contract for services” (see under Regulation 2.1) including seven circumstances in which the costs of repatriation may be charged to seafarers, such as breaching the vessel’s safety management system or any applicable policy. Recalling Standard A2.5.1, paragraph 3, the Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that, in reply to its comments, the Government refers to the SVG Regulations, Title 2, paragraph 9 (m)(q), which give effect to the 2014 amendments to the Code of the Convention. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 6(c), (d), (e). Accommodation and recreational facilities. General requirements. Location of sleeping rooms. The Committee notes that, in reply to its comments and with reference to Title 3, paragraph 12(g) of the Schedule of the SVG Regulations (exemptions provided for ships of less than 200 gross tonnage), the Government indicates that: (i) any exemption permitted by Standard A3.1, paragraph 20, must be requested by the shipowner; (ii) the request must be supported by the RO; (iii) the accepted exemption is recorded in the MLC Inspection Report issued by the RO; (iv) the competent authority will review the application; and (v) the competent authority only issues exemptions in conformity with national regulations and international conventions. While noting the Government’s explanation, the Committee recalls again that, in accordance with Standard A3.1, paragraph 20, exemptions for ships of less than 200 GT may only be adopted, after consultation with shipowners’ and seafarers’ organization, when it is reasonable to do so, taking into account the size of the ship and the number of persons on board, in relation to limited requirements which do not include Standard A3.1, paragraph 6 (c), (d) and (e). The Committee requests the Government to provide information: (i) on any exemptions adopted pursuant to Title 3, paragraph 12(g) of the Schedule of the SVG Regulations, indicating how they comply with Standard A3.1, paragraph 20; and (ii) on any exemptions adopted pursuant to Standard A3.1, paragraph 6(c), (d) and (e), indicating how they comply with Standard A3.1, paragraph 21.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. Observing that the Government provides no new information in reply to its previous request,the Committee refers to its previous comments and requests again the Government the to take the necessary measures without delay to give effect to Standard A4.1, paragraph 1(b), and to provide information in this regard.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreign ships. The Committee notes that, in reply to its comments, the Government indicates that medical facilities in the country, whether public and private, are accessible to all, including seafarers. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. Following its previous comments, the Committee notes the Government’s general reference to the coastal States’ obligation to ensure that medical advice by radio or satellite communication is provided to ships at sea. The Committee recalls, however, that Standard A4.1, paragraph 4(d) provides for the adoption of laws and regulations requiring the competent authority to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day. Medical advice shall be available free of charge to all ships irrespective of the flag that they fly. The Committee requests again the Government to adopt without delay the necessary measures to give effect to this requirement of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous comments, the Government refers to the SVG Regulations, paragraph 15(h) et seq., which mostly give application to the 2014 amendments to the Code of the Convention. The Committee requests the Government to provide information the measures adopted to implement Standard A4.2.2, paragraph 3 (arrangements to settle contractual claims).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Regulation 4.3, paragraph 2.National guidelines. The Committee notes that, in reply to its comments, the Government indicates that it is committed to develop, after consultations with shipowners’ and seafarers’ representatives, national guidelines for the management of occupational safety and health on board ships. The Committee requests the Government to adopt without delay the necessary measures to comply with this requirement of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Standard A4.3, paragraph 2(b). Seafarers under the age of 18. The Committee notes that, in reply to its comments, the Government indicates that the Schedule of the SVG Regulations will be updated to specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health, paying attention to the safety and health of seafarers under the age of 18. In connection with its comments under Standard A1.1, paragraph 4, theCommittee requests the Government to provide information on the measures adopted to ensure compliance with Standard A4.3, paragraph 2(b).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Standard A4.3, paragraph 3. Regular review of laws and regulations. The Committee notes that, in reply to its previous comments, the Government mentions its commitment to establish shipowners’ and seafarers’ organizations that will participate in the regular review of laws and regulations. In connection with its comments under Article VII, the Committee requests the Government to provide information on any progress in this regard.

Regulation 4.3 and the Code. Health and safety protection and accident prevention.Standard A4.3, paragraph 8. Risk evaluation. The Committee notes that, in reply to its comments, the Government indicates that the Schedule of the SVG Regulations will be updated to reflect Standard A4.3, paragraph 8. The Committee requests the Government to adopt the necessary measures without delay to give effect to this requirement of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that it is currently constructing a new modern port, which may include seafarer’s welfare facilities. The Committee requests the Government to provide information on any progress in developing welfare facilities accessible to all seafarers, after consultation with shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. The Committee previously noted that a draft proposal to amend the National Insurance Act, which would allow seafarers who are nationals or ordinary residents to receive social security protection was awaiting formal approval by the Government. The Committee notes the Government’s information that there is no further information on this matter. Consequently,the Committee requests the Government once again to take the necessary measures to ensure that seafarers ordinarily resident in its territory are provided with social security benefits that are no less favourable than those provided to shoreworkers resident in its territory (Standard A4.5, paragraph 3), and to provide information in this regard. The Government is also requested again to provide information on any bilateral or multilateral arrangements in which it participates in relation to social security of seafarers, including the maintenance of rights acquired or in the course of acquisition (Standard A4.5, paragraphs 4 and 8)

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that, in reply to its previous comments, the Government supplies copy of an agreement with a RO, which makes specific reference to the Code for Recognized Organizations (RO Code) of the International Maritime Organization (IMO) containing requirements for the assessment and authorization of ROs. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC). Documents on board. Noting that the Government provides no information in reply to its comments, the Committee reiterates its request to indicate how effect is given to Standard A5.1.3, paragraph 12.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting the absence of information on this point,the Committee requests the Government once again, to indicate the measures giving effect to the detailed requirements of Standard A5.1.4, paragraphs 3, 6–7, 10–12, 16 and 17 (powers of inspectors, reporting on inspections).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures.Noting the absence of information in reply to its comments, the Committeereiterates its request to the Government to amend paragraph 19(f) of Title 5 of the SVG Regulations, and to adopt the necessary measures to be in full compliance with Regulation 5.1.5 and the Code.

Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. Noting the absence of information in reply to its comments, the Committee reiterates its request to the Government to clarify whether reports concerning serious marine casualties are normally made public as required under Regulation 5.1.6, paragraph 1.