Maritime Labour Convention, 2006 (MLC, 2006) - Jamaica (Ratification: 2017)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes, concerning the amendments to the Code of the Convention approved by the International Labour Conference in 2022, that Jamaica has indicated that it will be bound by them only after a subsequent express notification of their acceptance.

Impact of the COVID-19 pandemic. The Committee notes the Government’s indication, in reply to the observations submitted by the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS) in 2020 and 2021, that in September 2021 seafarers were designated as key workers. As a result, they were allowed to transit the country to join or leave ships without having to comply with COVID-19 protocols applicable to other persons. The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. While welcoming the fact that the Shipping (Amendment) Act, 2020 amending the Shipping Act, 1998 (referred also as the ‘principal Act’) implements some requirements of the Convention, the Committee observes that a number of provisions have still not been given effect yet. The Committee accordingly requests the Government to adopt without delay the necessary measures to give full effect to the Convention, taking into account the matters raised below.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers and apprentices. The Committee notes that, in response to its previous request, the Government refers to section 114(A) of the Shipping (Amendment) Act, 2020, which provides that ‘seafarer’ shall be deemed to (a) include any person engaged by or on behalf of the owner of a ship to perform any work on board a ship (for example, manning the operations of the ship, shop-keeping, providing entertainment or food services, bartending, cosmetology or any form of hospitality); and (b) exclude any person engaged solely to perform a task which is not part of the routine operations of the ship or part of the services or amenities offered on board the ship. The Committee notes with interest that masters and apprentices are no longer excluded from the definition of a seafarer.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to the Committee’s previous comment, the Government refers to section 127(4) of the Shipping (Amendment) Act, 2020, which provides that for seafarers under the age of 18 any type of work that is likely to jeopardize his or her health and safety is prohibited. Section 127(5)(b) stipulates that the question of whether any work is likely to jeopardize the health or safety of a person under the age of 18 years shall be settled by the Minister responsible for labour: (i) in any particular case, upon the written request of any interested person; or (ii) generally as to any class or category of work, in written directions issued by the Minister. Noting the Government’s indication that steps will be taken to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4, the Committee requests the Government to adopt such list without delay after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.4 and the Code. Recruitment and placement. Referring to its previous comment, the Committee notes the Government’s indication that it has started dialogue with relevant stakeholders to address the gaps identified in the Employment Agencies Regulations Act, 1957, to give effect to the MLC, 2006. While welcoming the process, the Committee requests the Government to adopt the necessary measures without delay to give effect to Regulation 1.4 and the Code.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. In reply to the Committee’s previous comment, the Government specifies that the legislation does not currently ensure that the seafarer’s employment agreement (SEA) is signed by the shipowner or the shipowner’s representative and that amendments will be made to address this matter. With respect to the requirement of Standard A2.1, paragraph 1(c), that the shipowner and seafarer concerned shall each have a signed original of the SEA, the Committee notes with interest that section 120(c) of the Shipping Act, 1998, was amended by the Shipping (Amendment) Act, 2020, and provides that the copy of the agreement shall be signed in duplicate, and one part shall be forwarded to the owner, and the other part shall be given to the seafarer. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Standard A2.1, paragraph 1(a), ensuring that in all cases SEAs are signed by the shipowner.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s indication that section 117 of the principal Act, was amended by the Shipping (Amendment) Act, 2020, to incorporate the requirements of Standard A2.1, paragraph 4. While noting that the amended legislation takes into consideration almost all the matters to be included in a SEA, the Committee, however, observes that the national provisions do not refer to the place where and date when the SEA is entered into, as required by Standard A2.1, paragraph 4(c), but instead to the place and date at which each seaman is to be on board or to begin work. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.1, paragraph 4(c).

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s reference to the Shipping (Amendment) Act, 2020, which incorporated, under section 117(5) of the principal Act, the requirement of the Convention related to the minimum notice for the early termination of the SEA. While welcoming this information, the Committee observes that there is no indication on provisions ensuring the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons (Standard A2.1, paragraph 6). The Committee accordingly requests the Government to adopt the necessary measures to ensure compliance with Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standard 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 notes the Government’s indication that there are currently no legislative provisions implementing this Standard and that amendments will be made to the Shipping Act, 1998, to incorporate its requirements. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 7, and Standard A2.2, paragraph 7.

Regulation 2.2 and the Code. Wages. The Committee notes that the Shipping (Amendment) Act, 2020, inserted provisions with respect to the wages of seafarers. Section 133(b) provides that the owner or other person responsible for employing the crew of a Jamaican ship shall, subject to the terms of the relevant crew agreement, pay to each seaman employed on that ship, his wages at such regular intervals being intervals of not more than one month apart, and in accordance with any applicable collective bargaining agreements as may be provided in the agreement. While noting that this new provision is in compliance with the Convention, the Committee, however, observes that section 133(a) of the principal Act still provides permits the wages to be paid “if demanded, within two days after the arrival of the ship at the port where the crew is to be discharged or upon the seaman’s discharge, whichever first happens”. The Committee understands that under this provision, if demanded by the seafarer, it is possible to depart from the requirement that seafarers must be paid at no greater than monthly intervals. Observing that section 133(a) of the Shipping Act, 1998, is not in conformity with the requirement of Standard A2.2, paragraph 1, the Committee requests the Government to adopt the necessary measures without delay to ensure that seafarers, in all cases, are paid at no greater than monthly intervals.

Regulation 2.3 and the Code. Hours of work and hours of rest.Noting that the Shipping (Amendment) Act, 2020, does not incorporate the requirements of Regulation 2.3 and the Code and that the Government provides no new information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure compliance with the obligation to regulate hours of work or hours of restthat are consistent with the provisions in the Code.

Regulation 2.3 and Standard A2.3, paragraphs 8. On call work. Immediate safety and distress at sea. Compensatory rest.In the absence of reply on this matter in the Government’s report, the Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A2.3, paragraph 8.

Regulation 2.4 and Standard A2.4, paragraphs 1, 2 and 3. Entitlement to leave. Minimum paid annual leave. Method of calculation. Prohibition of agreements to forgo annual leave. The Committee notes that the Shipping (Amendment) Act, 2020, does not incorporate the requirements of Regulation 2.4 and the Code and that the Government has not provided information on how it ensures compliance with this provision of the Convention. The Committee accordingly requests the Government to adopt the measures without delay to comply with Standard A2.4, paragraphs 1 and 2.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that the Government provides no information in this respect, the Committee requests it to indicate the measures adopted to ensure that seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions in accordance with Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that, in response to its previous comment, the Government refers to section 194(5) of the Shipping (Amendment) Act, 2020, which provides that any provision in the SEA requiring a minimum term of employment exceeding 12 months to be served before a seafarer is entitled to the rights conferred by this section shall be void and of no effect. The Committee recalls that the duration of the SEA should be distinguished from the maximum period of service on board. It further recalls that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to take the necessary measures to ensure conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. In reply to the Committee’s previous comment, the Government refers to section 194A(2) of the Shipping (Amendment) Act, 2020. The Committee observes that the necessary maintenance and support listed under this section relates to the essential needs of the seafarer to be covered by the financial security system in the case of abandonment and not to the precise entitlements to be accorded by shipowners for repatriation, as provided for under Standard A2.5.1, paragraph 2(c), and Guideline B2.5.1, such as the mode of transport and the items of expense to be covered and other arrangements to be made by shipowners. The Committee requests the Government to indicate the measures taken to ensure compliance with Standard A2.5.1, paragraph 2(c).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that the Shipping (Amendment) Act, 2020, introduced some of the requirements of Standard A2.5.2 with respect to the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. Section 194A(1) provides that “a seafarer shall be deemed to have been abandoned by the owner of the ship in any case where contrary to the provisions of this Act or the terms of the seafarer’s employment agreement and any applicable collective bargaining agreement, for a period of not less than two months the owner of the ship – (a) fails to cover the cost of the seafarer’s repatriation; (b) leaves the seafarer without the necessary maintenance and support; or (c) otherwise unilaterally severs ties with the seafarer and fails to pay wages payable by the shipowner to the seafarer”. The Committee notes that this provision is not in conformity with the requirements of the Convention as the requirements of less than two months should not apply to points (a) and (b) of section 194A(1). The Committee accordingly requests the Government to adopt the necessary measures without delay to ensure full conformity with Standard A2.5.2, paragraph 2.The Committee also requests 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 Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity.In the absence of information in this regard, the Committee requests the Government to take the necessary measures to ensure that seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering, as required by Regulation 2.6, paragraph 1, giving due consideration to Guideline B2.6.1.

Regulation 2.7 and the Code. Manning levels. In reply to its previous comment, the Committee notes the Government’s indication that the Maritime Authority of Jamaica (MAJ) has Minimum Safe Manning requirements contained in its ISO procedures. While noting this information, the Committee observes that the Government does not indicate if the Safe Manning requirements contained in its ISO procedures and to which the Government refers covers ships of 500 GT or less. The Committee requests the Government to specify whether the MAJ Minimum Safe Manning requirements also apply to ships of less than 500 GT.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that the Government provides no information in this respect. The Committee recalls that, in accordance with Standard A2.7, paragraph 3, when determining manning levels, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, and particularly the obligation to have a fully qualified cook on board. The Committee requests the Government to take the necessary measures without delay to ensure compliance with this requirement of the Convention.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. Referring to its previous comment, the Committee notes the Government’s indication that, while there is no written policy in this respect, the Public Relation Department of the Caribbean Maritime University (CMU) uses social media and advertisements in the press to encourage persons to pursue a career at sea during the commemoration of International Day of the Seafarer and World Maritime Week. In addition, the Maritime Authority of Jamaica is initiating a campaign to introduce youngsters to careers at sea. Recalling that Regulation 2.8 and the Code require the adoption of policies to encourage career and skill development and greater employment opportunities for seafarers by all Members that have seafarers domiciled in their territory, the Committee requests the Government to provide information on any measure adopted to give effect to this provision of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee observes that the Government provides no information in reply to the point raised in its previous comment and that the Shipping (Amendment) Act, 2020, does not contain provisions implementing Regulation 3.1 and the Code. Recalling that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards, the Committee requests the Government to take the necessary measures without delay to give effect to these requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering organization and equipment. Observing that the Government has not provided information on the adoption of national provisions to implement Regulation 3.2 and the Code on food and catering, the Committee requests the Government to adopt the necessary measures without delay to comply with these requirements of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. With regard to Regulation 4.1, the Committee notes the Government’s reference to the Shipping (Amendment) Act, 2020, amending sections 171 and 194A of the principal Act. The Committee, however, notes that the provisions to which the Government refers do not specify what is required with respect to access to health protection and medical care on board, as set out under Standard A4.1. The Committee recalls that, under Regulation 4.1 and Standard A4.1, paragraph 1, to the extent consistent with the Member’s national law and practice, medical care and health protection services must be provided free of charge to seafarers while on board ship or landed in a foreign port. The Committee requests the Government to adopt the necessary measures without delay to give effect to the detailed requirements of Regulation 4.1 and the Code.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee notes with interest that section 171(2) and (3) of the Shipping (Amendment) Act, 2020, introduced the requirements of Standard A4.2.1, paragraph 3. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 1(b) and 8 to 14, and Standard A4.2.2, paragraph 2. Shipowners’ liability. Minimum standards. Death or long-term disability. Financial security. The Committee notes that section 171(4) of the Shipping (Amendment) Act, 2020, provides that the owner of the ship shall make adequate financial provision to assure compensation to seafarers working on board the ship (or the seafarer’s estate, as the case may require), in the event of the death or long-term incapacity of any such seafarers due to occupational injury, sickness or hazard. While noting this information, the Committee, however, observes the Government’s indication that the legislation does not yet address the system of financial security and the requirements of Standard A4.2.1, paragraph 8 to 14 and Standard A4.2.2, paragraph 2, and that the Shipping Act, 1998 will be amended accordingly. The Committee requests the Government to take the necessary measures without delay to give effect to these provisions of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 171(6) of the Shipping (Amendment) Act, 2020 refers to the return of the property of the seafarer to his/her next of kin in the event of injury or death. However, there is no reference to the safeguard of the seafarer’s property in the event of sickness. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In reply to its previous comment, the Committee notes that the Government indicates that there are currently no provisions in the legislation implementing the requirements of Regulation 4.3 and the Code, and that the Shipping Act, 1998 will be amended to incorporate them. The Committee requests the Government to take the necessary measures without delay to give full effect to the provisions of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to the Committee’s previous comment, the Government indicates that there are currently no shore-based seafarer welfare facilities in the country due to financial and other resource challenges. Recalling the importance for the well-being of seafarers of access to shore-based welfare facilities, the Committee requests the Government to provide information on the measures envisaged to promote the establishment of welfare facilities in appropriate ports.

Regulation 4.5 and the Code. Social security. In reply to its previous request, the Committee notes the Government’s indication that Jamaica has bilateral social security reciprocal agreements with the United Kingdom, Canada (Quebec) and CARICOM countries (i.e. Antigua and Barbuda, Bahamas, Barbados, Belize, St Kitts and Nevis, Dominica, Grenada, Guyana, Montserrat, St. Lucia, Trinidad and Tobago and St Vincent and the Grenadines). The Government specifies that these agreements enable countries to coordinate their social security programmes, thus protecting certain social security rights and providing for continuity of coverage for citizens and migrants. The Committee further observes that both the National Insurance Act, 1966 and the Health Fund Act provide social security and health benefits to persons who are resident in Jamaica. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security for non-resident seafarers. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes that, in response to its previous request, the Government of Jamaica is exploring its ability to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requests the Government to provide updated information on the progress made in this regard.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that flag State implementation has been delegated to Recognized Organizations (ROs) with procedures in place for the monitoring of ROs. It also indicates that further amendments will be made to the Shipping Act, 1998 to incorporate the requirements of the Convention. The Committee requests the Government to adopt the necessary measures without delay to give effect to Regulation 5.1 and the Code with respect to the obligation to establish an effective system for the inspection and certification of maritime labour conditions prescribed by the MLC, 2006 and to provide updated information on the progress made in this regard.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. Referring to its previous comment, the Committee notes the Government’s indication that there are no statutory provisions requiring all ships that fly its flag to have a copy of the Convention available on board and that the Maritime Authority of Jamaica will implement this provision through administrative measures. The Committee requests the Government to take the necessary measures to give full effect to this requirement of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 3. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s reference, in response to its previous request, to Appendix II of its report with respect to Procedural Manual – Appointment of Recognized Organizations. Observing that this document has not been communicated, the Committee requests the Government to provide a copy of such document and to indicate how it reviews the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to such organizations, as required under Standard A5.1.2, paragraphs 1 and 3.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance.Noting that the Government has not replied on this point and bearing in mind the crucial importance of these documents for the enforcement of the Convention, the Committee requests the Government to adopt without delay the necessary measures to give effect to Regulation 5.1.3 and the Code.

Regulation 5.1.4 and the Code. Flag State responsibilities.Noting that the Government has not replied to its previous request and that the Shipping (Amendment) Act, 2020 does not cover the requirements of the Regulation 5.1.4 and the Code, the Committee requests it to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Inspection and enforcement. While noting that the Government’s indication that the training of inspectors and surveyors are done in accordance with the attached procedural manuals, attached in Appendix III of the Government’s report, the Committee, however, observes that such document has not been communicated. The Committee requests, once again, the Government to indicate how effect is given to Standard A5.1.4, paragraph 3, to ensure that inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification ofworking and living conditions in compliance with the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors.Noting the Government’s indication that there are currently no provisions in the legislation and that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Governmentto take the necessary measures to give full effect to these requirements of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints. Confidentiality of sources of grievances or complaints.Noting that the Government has not replied on this point, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections.Noting the Government’s indication that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Government to take the necessary measures to ensure full conformity with Standard A5.1.4, paragraph 12, to ensure that inspectors are required to submit a copy of the inspection report to the master and that a copy be posted on the ship’s noticeboard and to provide information on the progress made in this regard.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. Noting the Government’s indication that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Governmentto take the necessary measures to give full effect to these requirements of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. Observing that the Government has not replied on this point, the Committee requests the Government to indicate the measures taken or envisaged to give effect to the requirement of Regulation 5.1.6, paragraphs 1 and 2, that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag and that the final report of the inquiry shall normally be made public.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the information provided by the Government with respect to the qualifications and experience required for carrying out port State control. While noting this information, the Committee, however, observes that port State inspections do not seem to currently verify that the matters inspected are in conformity with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on a ship. The Committee therefore requests the Government to take the necessary measures to give full effect to Regulation 5.2.1 and Standard 5.2.1.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. Noting the absence of information on this point, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to this provision of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that a registrar of seafarers has been appointed who receive and address complaints from seafarers. While welcoming this information, the Committee observes that the Government has not provided detailed information as to how its procedures meet the requirements of the Convention for the onshore handling of seafarers’ complaints. The Committee requests the Government to indicate how it gives effect to all aspects of Regulation 5.2.2 and the Code.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the Government previously ratified two Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Jamaica. The Committee further notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 and 2018 entered into force for Jamaica on 13 June 2018 and 26 December 2020, respectively. The Committee also notes that Jamaica has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept these amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Convention is mainly implemented by the Shipping Act of 1998 as amended in 2000 (Shipping Act). The Committee welcomes the adoption of an Act to amend the Shipping Act on 22 December 2020 to incorporate the MLC, 2006 (2020 Amendment Act) and notes that this adoption took place after the submission of the Government’s report. The Committee further notes that, according to the information provided by the Government, the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee acknowledges the efforts of the Government to comply with the Convention and requests the Government to provide a copy of the 2020 Act (which amends the Shipping Act) as well as any other relevant legislative texts once adopted.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers and apprentices. The Committee notes that section 2 of the Shipping Act excludes from the definition of “seaman” the masters, pilots and apprentices. The Committee recalls that in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Concerning apprentices, the Committee considers that the acquisition of seafarer training on a ship involves by definition working on board and hence there is no doubt that apprentices and cadets are to be regarded as seafarers for the purpose of the Convention. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that apprentices are to be regarded as seafarers for the purpose of the Convention. The Committee emphasizes that the protection afforded by the Convention assumes particular importance for the most vulnerable categories of workers, including apprentices. The Committee also recalls that, while pilots can be excluded from this definition, masters are to be regarded as seafarers and should be covered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that all persons employed, engaged or working in any capacity on board a ship to which the Convention applies, including cadets and masters, are regarded as seafarers and enjoy the protection afforded by the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 4 of the Shipping Act, no person under the age of 18 years shall be employed or work in the engine-room of any ship, unless that young person is an apprentice working under supervision. It further notes that section 34(3)(a) of the Child Care and Protection Act, 2004 provides that no person shall employ a child in the performance of any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual or social development. The Committee observes however that the legislation does not contain the list of hazardous activities, which is required under Standard A1.1, paragraph 4 of the Convention, and that must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. The Committee requests the Government to take the necessary measures to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the information provided by the Government, in particular the procedure to register and obtain license to operate an overseas employment agency. It also notes the Government’s indication that currently there are no provisions concerning private seafarer recruitment and placement services and that the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee requests the Government to provide information on the progress made in this respect and a copy of the relevant text once adopted.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that the case of shipowners using recruitment and placement services that operate in countries that have not ratified the Convention is addressed in the declaration of maritime labour compliance (DMLC), Part I, whose approval process is in progress. The Committee requests the Government to provide information on measures adopted to implement the requirements of Standard A1.4, paragraphs 9 and 10, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes the Government’s reference to section 117 of the Shipping Act according to which a crew agreement shall be signed by the master and the seafarer without clarifying whether the master acts as a representative of the shipowner. It further notes the Government’s indication that amendments will be made to this Act in order to comply with the requirements of the Convention. The Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention. In accordance with Standard A2.1, paragraph 1, every seafarer must have an original agreement signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to indicate how it is ensured that the seafarer’s employment agreement (SEA) is signed by the shipowner or shipowner’s representative as required under Standard A2.1, paragraph 1(a) of the Convention. The Committee further requests the Government to clarify whether, in this context, the master acts as a representative of the shipowner and to indicate the relevant provisions in this regard.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s indication that there are no statutory provisions on the application of this provision of the Convention and that amendments are being made to the Shipping Act to incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the text together with the Government’s next report.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s reference to section 117 of the Shipping Act, which contains particulars to be included in the SEA. It also notes the Government’s indication that amendments are being made to the Shipping Act, to incorporate the provisions of the MLC, 2006. It further notes a model a SEA submitted by the Government, which contains the particulars mentioned under this provision of the Convention. However, it observes that the majority of the matters to be included in SEAs, according to Standard A2.1, paragraph 4, are not reflected in the existing legislation, i.e. (a) the shipowner’s name and address; (b) the place where and date when the SEA is entered into; (c) the amount of paid annual leave; (d) the termination of the SEA and the conditions thereof; (e) the health and social security protection benefits to be provided to the seafarer by the shipowner; (f) the seafarer’s entitlement to repatriation and (g) reference to the collective agreement. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

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, 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 2.2 and the Code. Wages. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes the Government’s indication that the Jamaican legislation is based on minimum hours of rest. It further notes that this matter will be addressed in the new legislation, which will incorporate the MLC, 2006 requirements. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and Standard A2.3, paragraphs 8. On call work. Immediate safety and distress at sea. Compensatory rest. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006 provisions. The Committee further notes that section 35(1) of the Shipping (training, certification, safe manning, hours of work and watchkeeping) Regulations, 1998 stipulates that the requirements for rest periods specified in paragraphs (5)(c) and (6) of section 34 of said Act need not be maintained in case of any emergency or drill or in other overriding operational conditions. The Committee however observes that these regulations provide no adequate compensatory rest when a seafarer is on call, such as when a machinery space is unattended, and if the normal period of rest is disturbed by call-outs to work (Standard A2.3, paragraph 8) or adequate period of rest when a seafarer is asked by the master of a ship to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea by suspending the schedule of hours of work or hours of rest to perform any hours of work necessary until the normal situation has been restored. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that minimum paid annual leave is 28 days and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee observes that section 154 of said Act provides that every seafarer is entitled, after 12 months of continuous service on a Jamaican ship, or for the same employer, to annual leave with pay, or to a proportionate part of such leave, the duration of which shall be: (a) in the case of master and officers, not less than eighteen working days; and (b) in the case of other members of the crew, not less than twelve working days. The Committee recalls that, according to Standard A2.4, paragraphs 1 and 2, each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers and that, subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes into account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee recalls that, according to Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the Shipping Act contains no provisions regulating (i) the maximum duration of service periods on board following which a seafarer is entitled to repatriation (Standard A2.5.1 paragraph 2(b)); (ii) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1 paragraph 2(c)); and (ii) the obligation of the Government to require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language (Standard A2.5.1 paragraph 9). The Committee requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on financial security. Amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests 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 Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes the Government’s indication that there are no statutory provisions and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s reference to regulation 29 of the Shipping Regulations, which covers only ships of 500 GT or more. The Committee recalls that Regulation 2.7 of the Convention applies to all ships that fly the flag of a Member. The Committee observes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and Standard A2.7, paragraphs 1 and 2. The Committee requests the Government to indicate how effect is given to these requirements of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled. Furthermore, the Committee observes that the First Schedule (Application for Local Trade Operation) indicates in the approved manning level that the cook is a pump man. In this connection, the Committee notes that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. The Committee further requests the Government to provide a copy of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s indication that there are currently no policies in place on this issue. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 2.8 and the Code.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, with regard to the implementation of Regulation 3.1 and the Code, the Government indicates that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate MLC, 2006. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering organization and equipment. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.1 and the Code. Medical care on board and ashore. With regard to the measures adopted to ensure health protection of seafarers on board and ashore, the Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that section 170 of the Shipping Act provides that the Minister may make regulations requiring Jamaican ships to carry such medicines, medical stores, medical appliances and books containing instructions and advice, as may be specified in the regulations. Noting the absence of information regarding such regulations, the Committee requests the Government to provide detailed information on the measures adopted to meet the requirements of Standard A4.1, paragraphs 1(a), 3 and 4(c).

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.2, Standard A4.2.1, paragraphs 1(b) and 8 to 14 and Standard A4.2.2, paragraph 2. Shipowners’ liability. Minimum Standards. Death or long-term disability. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standard A4.2.1 and Standard A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. The Committee requests the Government to indicate how the ongoing amendments to the Shipping Act ensure that the system of financial security meets the following minimum requirements: (i) no pressure is exercised on the seafarer to accept payment less than the contractual amount; (ii) interim payments are made while the situation is being assessed to avoid undue hardship; and (iii) the seafarer receives payment without prejudice to other legal rights (Standard A4.2.1,paragraph 8). In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to a certificate by a financial security provider and P&I insurance coverage. The Committee recalls that pursuant to Standard A4.2.1 and Standard A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that there are no statutory provisions on this issue. The Committee requests the Government to provide detailed information related to health and safety protection and accident prevention as follows: (i) any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3; (ii) the development, after consultation with representatives of the shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement that a safety committee – including a seafarers’ representative – be established on all ships with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigation and statistics on occupational accidents, injuries and diseases in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there are no shore-based seafarer welfare facilities in the country. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on measures adopted, currently and in the future, to promote the development of welfare facilities in appropriate ports determined after consultation with shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Jamaica declared that the branches of social security for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10 are: sickness benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit. It further notes the Government’s reference to the National Insurance Act, 1966 without further information. Recalling that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee also requests the Government to indicate whether the existing bilateral or multilateral arrangements/agreements (with the United Kingdom, Canada and Quebec) in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8) are still in force, and whether new bilateral or multilateral agreements have been concluded in this regard.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security for non-resident seafarers. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s statement that there are no statutory provisions on the issue of social security for non-resident seafarers working on ships flying the Jamaican flag who do not have adequate social security coverage. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the relevant branches of social security. The Committee requests the Government to specify any measures taken or foreseen in order to implement this provision of the Convention.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s information that there are no statutory provisions implementing this provision of the Convention and inspections are carried out by Inspectors from the Maritime Authority of Jamaica. While noting the absence of information on the application of this provision of the Convention in practice, the Committee requests the Government to provide information on the basic structure and objectives of the system in the country (including measures to assess its effectiveness) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly the Jamaican flag meet, and continue to meet, the standards of the Convention.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. The Committee notes the Government's indication that there are no statutory provisions requiring all ships that fly its flag to have a copy of the Convention available on board. Recalling that, pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 3. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s indication that all recognized organizations are granted the power to require rectification of deficiencies on ships and to carry out inspections at the request of port States. It further notes the Government’s indication that there are no statutory provisions on this issue. The Committee notes that the Government has not provided information regarding the relevant provisions implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2, paragraphs 1 and 3. The Committee therefore requests the Government to specify how effect is given to the requirements of Standard A5.1.2, paragraphs 1 and 3.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and the Code. Flag State responsibilities. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s information that while there are no specific provisions ensuring compliance with this requirement of the Convention, inspectors receive training in accordance with the Maritime Authority Quality Management System. The Committee requests the Government to indicate how effect is given to Standard A5.1.4, paragraph 3.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors. The Committee notes the Government’s indication that there are no statutory provisions on this issue. It recalls that this Standard provides for measures to be adopted to guarantee that inspectors have status and conditions of service, which ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to indicate the measures taken to give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints. Confidentiality of sources of grievances or complaints. The Committee notes the Government’s information that there are statutory provisions on this issue and procedures will be incorporated in amendments to the Shipping Act. The Committee recalls that this Standard provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections. The Committee notes the Government’s indication that there are currently no arrangements on this issue. The Committee recalls that under Standard A5.1.4, paragraph 12 of the Convention, inspectors are required to submit a copy of the inspection report to the master and that a copy be posted on the ship’s notice board. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that on-board complaint procedures have not yet been developed. The Committee further notes that the DMLC, Part I provided by the Government indicates that legislation will be introduced to ensure the requirements provided for under Standard A5.1.5, paragraphs 1 to 3. The Committee accordingly requests the Government to indicate the measures taken to ensure compliance with Standard A5.1.5.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. The Committee notes the Government’s indication that section 418 of the Shipping Act dealing with investigation of shipping causalities is being amended in light of the IMO Casually Investigation Code. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag and that the final report of the inquiry shall normally be made public. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Jamaica is a member of the Caribbean Memorandum of Understanding on Port State Control. The Government also indicates that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that the number of authorized officers appointed by the competent authority is nine. The Committee requests the Government to provide information on the qualifications and training required for carrying out port State control.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that no complaint-handling procedures have been established. The Committee draws the Government’s attention to the detailed requirements of Regulation 5.2.2 and the Code providing that seafarers on ships calling at the Member’s ports who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights), have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2 and Standard A5.2.2 of the Convention.

[The Government is asked to reply in full to the present comments in 2024.]