Repatriation of Seamen Convention, 1926 (No. 23) - Cyprus (Ratification: 1995)

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

Article 3, paragraph 4, of the Convention. Repatriation of foreign seafarers. In its previous comments, the Committee had noted that the Merchant Shipping (Masters and Seamen) Act No. 46 of 1963, as amended up to 2002, still contained section 65(4), according to which the provisions in section 65 concerning repatriation of seafarers only apply to alien seafarers who are Commonwealth citizens, or citizens of Greece or of Turkey. The Committee had requested the Government to take the necessary measures to bring the Masters and Seamen Act into conformity with the Convention and the Ratification Act No. 12(III) of 1995. The Committee had also asked the Government to take steps to adopt regulations under section 5 of Ratification Act No. 12(III) of 1995, specifically indicating the items included in “expenses of repatriation”.

In its latest report, the Government indicates that work on the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), is ongoing. The Committee notes the Government’s indication that, during this exercise, it has become clear that relevant legislation would need to be redrafted and that, as a result, the Masters and Seamen Act would be amended accordingly. The Committee wishes to point out that the requirements of Convention No. 23 have been thoroughly updated and consolidated into the MLC, 2006. The provisions concerning repatriation in Title 2.5 of the MLC, 2006 go well beyond Article 3(4) of Convention No. 23, in that all seafarers on board ships flying the Member’s flag are entitled to repatriation, regardless of their nationality or of their engagement in a country other than their own. The Committee trusts that the Government will take the necessary measures to give effect to the relevant provisions of the Convention as updated, in order to ensure decent working conditions on board ships flying the flag of Cyprus.

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 3, paragraph 4, of the Convention. In its previous comments, the Committee asked the Government to provide information on the national law or practice regarding the rights to repatriation of a foreign seafarer and, in particular, whether it considers to make the respective changes in section 65(4) of Merchant Shipping (Masters and Seamen) Law No. 46 of 1963 to bring it into conformity with Ratification Law No. 12(III) of 1995. The Committee notes the Government’s indication that, as far as making the respective changes in Law No. 46 are concerned, this will be done within the process of the revision of Law No. 46 as a whole. To this end, a Law Reform Committee has been established.

The revised version of Law No. 46 (as amended by Laws Nos. 101(I)/2002 and No. 233(I)/2002) still contains subsection 65(4). Under this subsection, the provisions of section 65 (Repatriation of seamen) shall apply to any alien seafarer who is a Commonwealth citizen, or a citizen of the Republic of Greece or of the Republic of Turkey.

The Committee asks the Government to clarify whether it still considers making the respective changes in section 65 of Law No. 46 of 1963, to bring it into conformity with Ratification Law No. 12(III) of 1995. Please also indicate whether the Government intends to adopt the regulations pursuant to section 5 of Ratification Law No. 12(III) of 1995 that would specifically indicate whether it is included in the "expenses of repatriation".

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

The Committee notes from the report that the changes needed to bring Law No. 46 of 1963 into conformity with the Convention will be effected as part of an overall revision of the Law and that a Law Reform Committee has been established to that end.

Moreover, the Committee notes that no regulations have been adopted to implement Article 5 of the Convention concerning expenses of repatriation. It recalls that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee requests the Government to continue to report on progress in the legislative/regulatory implementation of the provisions of the Convention and to provide copies of the texts enacted.

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

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:

  Article 3, paragraph 4, of the Convention. In its previous comments the Committee asked the Government to provide information on the national law or practice regarding the rights to repatriation of a foreign seaman. The Committee notes the Government’s indication that the provisions of the Convention and Ratification Law No. 12(III) of 1995 apply to all seamen engaged on Cypriot ships irrespective of their nationality. The Committee further notes that in accordance with section 65(4) of the Merchant Shipping (Masters and Seamen) Law No. 46 of 1963, the provisions of section 65 governing repatriation of seamen shall apply only to those alien seamen who are Commonwealth citizens or citizens of the Republic of Greece or the Republic of Turkey. The Committee asks the Government to clarify whether this restriction on the scope of application of section 65 is still valid and, if so, whether it considers to make the respective changes in Law No. 46 of 1963 to bring it into conformity with Ratification Law No. 12(III) of 1995. Please also indicate whether article 42 of the Merchant Shipping Act of 1906 is still applicable to the repatriation of foreign seamen who are not nationals of the countries listed in section 65(4) of Law No. 46 of 1963.

The Committee also asks the Government to indicate whether any regulations have been adopted pursuant to section 5 of Ratification Law No. 12(III) of 1995 that would, inter alia, specifically indicate what is included in the "expenses of repatriation" and, if so, to provide a copy. Please also provide a copy of the decision Neag Farag Megahed v. Ship Wessam, 1980, 1 CLR 93 and other relevant court decisions (if any) concerning the repatriation of seamen.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government=s report. It requests the Government to provide further information on the following points.

Article 3, paragraph 4, of the Convention.  In its previous comments the Committee asked the Government to provide information on the national law or practice regarding the rights to repatriation of a foreign seaman. The Committee notes the Government=s indication that the provisions of the Convention and Ratification Law No. 12(III) of 1995 apply to all seamen engaged on Cypriot ships irrespective of their nationality. The Committee further notes that in accordance with section 65(4) of the Merchant Shipping (Masters and Seamen) Law No. 46 of 1963, the provisions of section 65 governing repatriation of seamen shall apply only to those alien seamen who are Commonwealth citizens or citizens of the Republic of Greece or the Republic of Turkey. The Committee asks the Government to clarify whether this restriction on the scope of application of section 65 is still valid and, if so, whether it considers to make the respective changes in Law No. 46 of 1963 to bring it into conformity with Ratification Law No. 12(III) of 1995. Please also indicate whether article 42 of the Merchant Shipping Act of 1906 is still applicable to the repatriation of foreign seamen who are not nationals of the countries listed in section 65(4) of Law No. 46 of 1963.

The Committee also asks the Government to indicate whether any regulations have been adopted pursuant to section 5 of Ratification Law No. 12(III) of 1995 that would, inter alia, specifically indicate what is included in the "expenses of repatriation" and, if so, to provide a copy. Please also provide a copy of the decision Neag Farag Megahed v. Ship Wessam, 1980, 1 CLR 93 and other relevant court decisions (if any) concerning the repatriation of seamen.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its reports for the period ending 31 May 1997. It requests the Government to provide further information on the following points:

Article 3, paragraph 4. Please provide full particulars as to the provisions of national law or the practice regarding the rights to repatriation of a foreign seaman in the following cases: (1) when he is engaged in a country other than his own; (2) when he is engaged in a port of his own country and is landed, whether during the term or on the expiration of the agreement (a) in Cyprus, or (b) abroad.

Article 5. Please provide details as to the expenses covered under section 8 of the Ratification Law No. 12 (III) of 1995.

Article 6. Please provide information on any instructions to the consular authorities to advance, where necessary, the expenses of repatriation to both national and foreign members of the crew.

The Committee requests the Government to provide a copy of any regulations adopted pursuant to section 5 of the Ratification Law No. 12 (III) of 1995.