Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Curazao

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 MLC, 2006 approved by the International Labour Conference in 2014 and 2018, that Curaçao has indicated that it will be bound by them only after a subsequent express notification of their acceptance. The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Curaçao on 23 December 2024.

Article I of the Convention. General questions on application. Implementing measures. With reference to its previous comment, the Committee notes the Government’s indication that “in 2014, Curaçao introduced the Maritime Labour Decree (MLD A2014, No.46, hereinafter “MLD”) to facilitate the maritime authority to introduce the basic certificates and requirements for Curaçao vessels. This Decree has been implemented since 2015. In the period 2016–19, work started on the draft Maritime Labour Ordinance (hereinafter “MLO”), to cover all aspects of the MLC, 2006 and arrange all mandates and supervisory tasks. To date, this draft has not been brought into procedure, due to a combination of capacity issues, insufficient funds, COVID-19, and the IMO Member State Audit Scheme (IMSAS) 2022–23, which received priority over MLC legislation. The Committee notes that a national MLC, 2006 agenda has been adopted that currently includes a list of actions, such as, setting-up a local MLC, 2006 Committee, with relevant local and international stakeholders and bringing the national Ordinance into procedure, to replace the existing temporary regulation. However, the Committee notes the Government’s indication that “since the Curaçao Government is currently evaluating the future of its ship registry, the execution of the above actions is on hold until further decisions on the registry are made. Also, we need national legislation on the areas of MARPOL and MLC to enforce obligations (…). The current capacity is insufficient to fully implement IMO/ILO regulation”. Recalling that the Convention was declared applicable to Curaçao in 2015 and that the explanatory note of the MLD indicates that such a Decree is a temporary regulation introduced to regulate the issue of the Maritime Labour Certificates,the Committee requests again the Government to adopt without delay the necessary measures to give full effect to the provisions of the Convention. The Committee recalls that the Government may avail itself of the technical assistance of the Office, if it so wishes.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. In reply to its previous comment, the Committee notes the Government’s indication that “Article 3 paragraph 3 of the MLD allows for exemption of categories of workers on-board that do not fall under the definition of seafarer. This has to be done by Ministerial Decree, after consultation with representatives of the ship owners and seafarers. To date, no Decrees have been issued”. The Committee also notes the Government’s indication that “Industrial Personnel being transported by crew vessels are considered as “riders” and not as seafarers. The administration requires riders to have basic safety training and instructions”. The Committee requests the Government to provide information on any additional determination made in accordance with current legislation.

Article II, paragraph 6 and 7. Definitions and scope of application. Ships. In reply to its previous requests, regarding the dispensations granted under Article 4, paragraph 2 of the DML which provides that “[a]t the request of the Ship’s Operator, the Minister can grant a dispensation from the obligations set by and pursuant to this Decree for Curaçao ships smaller than 200 gross tonnage (GT) that do not undertake international voyages”, the Committee notes the Government’s reply that “up till now no exemptions have been granted”. The Committee requests the Government to provide information on any developments on this issue, including any further determination made in accordance with current legislation.

Article III. Fundamental rights and principles. In reply to its previous comment, the Committee notes that the Government has mainly provided information on the issue of minimum age. Recalling that the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Minimum Age Convention, 1973 (No. 138) are not declared applicable to Curaçao, the Committee requests again the Government to provide detailed information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect the fundamental rights in relation to the principles contained in above mentioned fundamental conventions.

Article VII. Consultations. In reply to its previous comment, the Committee notes the Government’s indication that an MLC Consultation Committee has to be set-up with representatives from the administration, the shipowners and the seafarers, as part of the MLC agenda. According to the Government, a particular issue is that Curaçao has no international seafarers’ union; some local vessels have a local union representation, but these are not specifically maritime. The Committee requests the Government to provide detailed information on any progress made on this issue.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. With reference to its previous comment, the Committee notes that the implementing measures to give full effect to the various provisions of Standard A1.1 have not been adopted yet, even though Articles 12 and 13 of the draft MLO would represent progress to address this issue. The Committee notes the Government’s indication that the list of hazardous work activities prohibited for seafarers under the age of 18 does not yet exist but is on the MLC agenda. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A1.1.

Regulation 1.2 and the Code. Medical Certificate. In reply to its previous comment, the Committee notes the Government’s indication that overseas seafarers use the Dutch system for physical examinations by physicians designated by the Dutch ILT Human Environment and Transport Inspectorate (ILT) inspection. This repeated periodic examination ensures the relevant medical certificates retain their validity. The periodic general physical examinations are carried out by physicians designated for this purpose. The Committee notes that the implementing measures to give full effect to the various provisions of Standard A1.2 have not been adopted yet, even though Article 14 of the draft MLO would represent progress to address this issue. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A1.2.

Regulation 1.3. Training and qualifications. In reply to its previous comment, the Government indicates that “STCW implementation is regulated by the Kingdom and executed by the administration, based on article 5 Paragraph 4 of the MLD. This is checked by the RO’s based on Chapter 4 of the Manning Decision”. The Committee notes this information.

Regulation 1.4 and the Code. Recruitment and placement. In reply to its previous comment, the Committee notes the Government’s confirmation that there are no maritime recruitment or placement agencies active in the territory of Curaçao. Curaçao shipowners use agencies regulated by The Netherlands or other European Union territories, or after inspection by a designated entity or person. In case of complaints, the administration will contact the competent authority supervising the agency. To date, no complaints have been received. The Recognised Organisations check if the recruitment agencies are certified and licensed, and that the seafarer employment agreements comply with MLC regulations. The Committee also notes that Article 16 of the draft MLO provides a legal framework for licensing services wishing to operate in the territory of Curaçao. The Committee requests the Government to provide information on any developments on this issue.

Regulation 2.1 and the Code. Seafarers’ employment agreements. In reply to its previous comment requesting to indicate the measures taken to ensure the full conformity of the national legislation with Regulation 2.1 and Standard A2.1 (signature by seafarer and shipowner, an original copy each, content of the SEA, collective bargaining agreement accessible on board if it forms all or part of the SEA, opportunity to examine and seek advice before signing, record of employment, minimum notice for early termination and shorter notice), the Committee notes the Government’s indication that Article 14 and 15 of the MLD regulates this. This is checked by the RO and included under Section No. 4 of the DLMC, Part I. However, the Committee recalls once again that Standard A2.1, paragraphs 1, 4 and 5 specifically requires the adoption of laws or regulations establishing respectively the requirements with respect to the form of the agreement and the signatory parties, the content of the agreement as well as the minimum notice periods for early termination of a SEA. Noting that Articles 17 to 24 of the draft MLO would represent progress to address this issue, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.1. The Committee also requests the Government to indicate how the draft MLO will ensure that: (1) the seafarers’ employment agreement is signed by both the seafarer and the shipowner or a representative of the shipowner (Standard A2.1, paragraph 1(a)); (2) a copy of the standard form of the agreement and portions of the collective agreement that are subject to a port State inspection are available in English on board (except for ships engaged in domestic voyages) (Standard A2.1, paragraph 2); (3) the seafarers’ employment agreements contain the seafarer’s entitlement to repatriation and a reference to the collective bargaining agreement, if applicable (Standard A2.1, paragraph 4).

Regulation 2.2 and the Code. Wages. In reply to its previous comment requesting to provide detailed information on how requirements of Standard A2.2 (regular payment, monthly account and allotments) are fully applied, the Committee notes the Government’s indication that Articles 14 and 15 paragraph 2 of the MLD regulates this. This is also checked by our RO’s and included under Section 14 of the DLMC, part I. However, the Committee notes once again that these provisions are of a general nature and that they do not cover all the detailed requirements of the convention. Noting that Articles 25 to 28 of the draft MLO would represent progress to address this issue, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.2.

Regulation 2.3 and the Code. Hours of work and hours of rest. In reply to its previous comment requesting to indicate how hours of work or hours of rest are regulated in Curaçao and to provide the relevant national provisions that implement the requirements of Standard A2.3, the Committee notes the Governments indication that this is regulated in Article 24 paragraph 7 of the MLD. However, the Committee notes once again that the above-mentioned provisions of the MLD are of a general nature and that they do not cover all the detailed requirements of the convention. Noting that Articles 34 to 45 of the draft MLO would represent progress to address this issue, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.3, ensuring that either a maximum number of hours of work or a minimum number of hours of rest is fixed and not subject to selective application by shipowners or masters, and that the regime applies to all seafarers including masters.

Regulation 2.4 and the Code. Entitlement to leave. In reply to its previous comment, the Committee notes the Government’s indication that the issue of annual leave is regulated by Article 15, paragraph 3, of the MLD. However, the Committee notes once again that the above-mentioned provisions of the MLD are of a general nature and that they do not cover all the detailed requirements of the convention. Noting that Articles 46 to 48 of the draft MLO would represent progress to address this issue, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.4. The Committee also requests the Government to indicate how effect is given to Regulation 2.4, paragraph 2 on shore leave.

Regulation 2.5 and the Code. Repatriation. In reply to its previous comment, the Committee notes the Government’s indication that the draft MLO regulates this in Chapter 3, articles 49 to 54. The owner representative in Curaçao legally represents the shipowner, based on art. 2 of the Certificate of Registry regulation. They see to it that there is P&I coverage, as they are liable in case there is no coverage. This issue is listed on the MLC agenda (point 5). The Committee requests the Government to adopt without delay the necessary measures to give full effect to regulation 2.5 and to Standard A2.5.1. The Committee also requests the Government to indicate how the draft MLO will ensure that: 1) any provision in the national legislation depriving seafarers of this right is limited to the circumstances allowed under the Convention (prohibition of advance payment and to recover costs from seafarers; lapse of the entitlement to repatriation); 2) Standard A2.5.1 paragraphs 5-9 is fully implemented.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. In reply to its previous comment, the Committee notes the Government’s indication that there are no provisions currently, the draft Maritime Labour Ordinance regulates this in Chapter 3, article 55. The owner representatives ensure that this is covered under the P&I insurance. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.6.

Regulation 2.7 and the Code. Manning levels. In reply to its previous comment, the Committee notes that the Government refers to Article 5, paragraph 4 of the MLD, which only concerns seagoing-ships (measuring 500 GT or more and that undertake an international voyage) that have to carry a Maritime Labour Certificate according to the MLD, and to Article 25 of the MLD and Section 13 of the DMLC part I which are dealing with on-board complaint procedures and not with the investigation and settlement of complaints or disputes concerning the manning levels on a ship. The Committee requests again the Government to provide detailed information on how it ensures that requirements of Regulations 2.7 and Standards A2.7 fully apply to all ships that fly its flag, and to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled (see guidance in Guideline B2.7).

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that, in reply to its previous comments concerning the implementation of Regulation 3.1 and Standard A3.1 for ships constructed on or after the date when the Convention comes into force, the Government refers to Article 16 of the MLD (reproduced under Article 56 of the draft MLO), which provides that “the Ship’s Operator shall see to it that the accommodation and facilities on board a Curaçao ship built before this Decree takes effect, shall comply with provision 3.1 with due observance of the guideline B3.1” and that “by Ministerial Regulation with general operation, further rules can be set for the implementation of this Article”. The Committee notes that this provision is reflected in the DMLC, part I, provided by the Government, which indicates that “the ship operator shall provide and maintain decent accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarer’s health and well-being in compliance with MLC regulation 3.1 taking in consideration Guideline B3.1 (Reg. 16, section 1, DML)”. The Committee notes again that these provisions are of a general nature and that they do not cover all the detailed requirements under Regulation 3.1 and the corresponding part of the Code. Recalling that each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraphs 1 and 2), the Committee requests the Government to adopt without delay the necessary measures to give effect to these provisions of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee recalls the uncertainties identified concerning the accommodation and recreational facilities requirements for the various categories of “existing vessels” under Section 4.2 of Instruction Note to RO No. 22 of 2017 on the Maritime Labour Convention, 2006. Despite the Government’s indication that the Accommodation of Crews Convention (Revised), 1949 (No. 92) “is not ratified and no additional legislation has been implemented on this subject”, the Committee observes that this Convention was applicable in Curaçao prior to the entry into force of the MLC, 2006. Recalling, that Regulation 3.1, paragraph 2, provides that, for ships constructed before the date of the Convention entry into force, the requirements relating to ship construction and equipment that are set out in Convention No. 92 shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 3.1, paragraph 2 and to provide information on any development in this regard.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. In reply to its previous comment, the Committee notes the Government’s indication that “no exemptions have been granted. A consultative mechanism has to be set-up. This is on the MLC agenda point 1. To date, no requests for exemption have been received”. Recalling that all exemptions to the application of Standard A3.1 shall be made after consultation with the shipowners’ and the seafarers’ organizations concerned, and within the limitations provided for under Standard A3.1, paragraphs 19, 20 and 21, the Committee requests the Government to provide information on any developments on this issue.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s indication that on-board medical facilities and procedures are supervised by the RO’s, as stipulated under article 23 paragraph 1 and article 24 paragraph 1 of the MLD. However, the Committee notes that the Government has not provide detailed explanations on how it ensures that medical advice by radio or satellite is available 24 hours a day and free of charge to all ships irrespective of the flag that they fly. The Committee requests again the Government to indicate how it ensures that Standard A4.1, paragraph 4(d) is fully implemented.

Regulation 4.2 and the Code. Shipowners’ Liability. In reply to its previous request, the Committee notes the Government’s indication that this issue is not yet regulated in Curaçao. The draft MLO regulates this in Chapter 5 (Articles 66 to 70). Shipowners see to it that there is P&I coverage, as they are liable in case there is no coverage. This issue is listed on the MLC agenda. The Committee requests again the Government to adopt without delay the necessary measures to give full effect to Regulation 4.2 and Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In reply to its previous comments, the Committee notes that the Government refers to Article 21 of the MLD. The Committee recalls that Articles 21 and 26 of the MLD are of a general nature and, although they address some matters, they do not give effect to the detailed requirements of Regulation 4.3 and the Code. The Committee also notes that Articles 63, 71 to 73 of the draft MLO would represent progress, for example concerning the accident prevention committee, but would not implement the detailed requirements of Regulation 4.3 and the Code. The Committee reiterates its previous request to the Government to provide information on measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee reminds the Government that it can take into consideration the guidance provided in ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.4 and Standard A4.4. Access to shore-based welfare facilities.Noting that no information has been provided on this point, the Committee requests the Government to provide detailed information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in its country.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In reply to its previous comments, the Committee notes the Government’s indication that Curaçao’s social security system is limited to companies and employees that live and work on the island. They contribute to the social security system and can apply for benefits. This also applies to shipping companies and seafarers based on the island. Overseas shipping companies and crewing agencies are not participating in and contributing to this system. However the responsibility lays with the shipowner and is mandatory, this is checked by the RO’s. Noting again that no information has been provided on the national provisions that are implementing Regulation 4.5 and Standard A4.5, including details of the benefits provided under each of the eight branches mentioned above, the Committee is bound to reiterate its request to the Government to provide detailed information on the measures taken or envisaged to give effect to these provisions of the Convention. The Committee also notes that, the issue of the protection to be provided to seafarers working on board the ships that fly its flag in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6), is on the national MLC agenda. The Committee requests the Government to provide information on any developments on this issue.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. In reply to its previous comment, the Committee notes the Government’s indication that the recognition of RO’s is a Kingdom responsibility. The ILT supervises the RO’s competency and independence. However, The Committee also notes that the Government indicated in its first report that Standard A5.1.2 is partially implemented by the Instructions to RO’s No. 22, that entry into force the 1 September 2017. However, the Committee notes the Government’s indication that “the Instruction to RO No.22 on our website is an older and incorrect version concerning specific issues. It has recently been corrected”. Noting that the Instruction to RO No.22 available on the competent authority website is still the older version, the Committee requests the Government to provide the latest version in force of this Instruction.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 5, 6 and 8. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. In reply to its previous comment, the Committee notes the Government’s indication that the normal procedure is that the RO’s issue interim certificates for a period up till 6 months, in the kingdom as a whole there are no interim certificates issued for a longer period of time. The validity date is mentioned on the certificate and the period is monitored in the database of the administration. The Committee also notes the Government’s indication that, in application of the Instruction to RO No.22, as recently corrected, interim certificates on behalf of the administration are issued by RO’s for a period of 3 months, with the possibility of an additional maximum period of 3 months. A full RO inspection is to be carried out prior to the issuance of the Maritime Labour Certificate by the administration. The Committee requests the Government to clarify which measures in force are giving effect to Standard A5.1.3, paragraphs 5, 6 and 8, and to provide a copy of them.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content.The Committee notes the copy of the standard Maritime Labour Certificate, including Part I of the DMLC, and the example of Part II of the DMLC provided by the Government, that address its previous request.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In reply to its previous comment, the Committee notes the Government’s indication that Curaçao administrations are authorized to perform ship surveys, based on the Kingdom Shipping Act and subsequent regulations for Curaçao and the RO. The issues under Standard A5.1.4, are all covered legally by Kingdom regulations. Noting that the above-mentioned Act and regulations have not been provided, the Committee requests again the Government to provide a detailed explanation on how it ensures that full effect is given to Standard A5.1.4, paragraphs 3, 6, 10, 11, 12, 16 and 17.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaints Procedures. In reply to its previous comment, the Committee notes the Government’s indication that Article 25 of the MLD regulates that the ship owner should ensure that a procedure is in place. The RO’s inspect if on-board complaint procedures comply and that copies are available on-board. The Committee also notes that Article 75 of the draft MLO, as Article 25 of the MLD, provides that Ministerial regulations shall lay down rules with which the complaints procedure must comply. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. In reply to its previous comment, the Committee notes the Government’s indication that marine casualty investigation is regulated under the Kingdom Shipping Act and the national Ordinance for Casualty Investigation, and that for Curaçao, such investigations must be requested by the Minister of Traffic Transportation and Urban Planning. The Committee also notes that the Government’s has provided information concerning incidents (a fatal accident and a suspected case of suicide) that occurred in 2020 and 2021. The Committee requests the Government to indicate whether the final reports of official inquiry into cases of serious marine casualties that involve a ship flying Curaçao’s flag and lead to injury or loss of life are normally made public, and to supply information on the number of inquiries held during the period covered by next report.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. In reply to its previous comment, the Committee notes the Government’s indication that Port state control is executed under Shipping Act regulations and CMOU guidelines. Curaçao is part of the Caribbean MoU (CMoU) on Port State Control and port state is executed under CMoU guidelines and procedures. On MLC, 2006, issues, the CMoU cooperates with the Paris MoU. The administration has employed two Port State Control Officers which are currently in training in the Kingdom and the CMoU. In 2025, regular port state inspections, including MLC, 2006, will resume. The Committee requests the Government to provide information on any developments on this issue. The Committee requests again the Government to provide a copy of the measures adopted or envisaged (including the CMoU relevant guidelines and procedures) to give full effect to Standard A5.2.1.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In reply to its previous comment, the Committee notes the Government’s indication that “under CMoU guidelines and MLC, 2006 regulations, the administration can be approached by any seafarers in port with complaints. Such complaints are checked on-board and if there are deficiencies, the flag administration of the vessel is notified for further advice and instructions. The procedure envisaged is that should a complaint be received the administration tries to resolve the complaint on board. If this is not the case, then the company is contacted. If it is necessary, the administration determines whether further investigation is to be done by the local the justice department or in the homeland of the seafarer or in that of the shipowner”. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A5.2.2.