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

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Omán (Ratificación : 2022)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 will enter into force for Oman on 23 December 2024. 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.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that a limited number of laws and regulations adopted by Oman prior to the ratification of the Convention partially give effect to its provisions. It also notes the Government’s reference to: (i) the Maritime Law, dated 30 March 2023 that, however, only enounces general principles and requires to be further implemented; and (ii) the draft Maritime Labour Regulation (draft MLR), which remains under discussion. The Committee requests the Government to adopt the necessary measures to harmonize its legislation and to give full effect to the provisions of the Convention.In this respect, it requests the Government to supply copy of any legal text adopted to implement the detailed requirements of the Convention. The Committee also notes the example of the Declaration of Maritime Labour Compliance (DMLC), Part I supplied by the Government, and observes that the Government has not provided an example of the approved DMLC, Part II, which outlines the measures established by the shipowner to ensure compliance with each item listed in Part I. The Committee requests the Government to submit an example of DMLC, Part II.

Article III. Fundamental Rights and Principles. The Committee notes that Oman has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these fundamental Conventions, the Committee seeks concrete information on how the country has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee therefore requests the Government to provide information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect the fundamental rights referred to in Article III, more specifically in relation to the principles contained in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article II, paragraphs 1(f) and 2. Scope of application. Seafarer. The Committee notes that section 1(5) of the Safe Manning Regulation No. 186/2016 provides that a “seafarer” means any person who is working on board ship in any capacity. It further notes that section 1(6) of the draft MLR and section 1 of the Maritime Law provide that “seafarer” means any natural person bound by a maritime employment contract and working on board ship. Masters shall be considered seafarers under the employment contract concluded between the master and the shipowner. The Committee recalls that under Article II, paragraph 1(f), seafarer means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. This encompasses not only crew members stricto sensu, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee requests the Government to take the necessary measures to ensure that the draft MLR and the Safe Manning Regulation are harmonized in order to guarantee that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention. Noting that there was no specific information provided regarding cadets, the Committee also requests the Government to indicate whether cadets are regarded as seafarers under the national legislation implementing the Convention.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that section 1(5) of the Maritime Law defines the term “ship” as a floating, self-propelled, normally seaworthy platform of not less than 24 metres in length, operating or equipped to operate at sea, including the accessories necessary for its exploitation. The Committee recalls that Article II, paragraphs 1(i) and 4, provides that the Convention applies to all ships, regardless of tonnage, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all ships within its meaning.

Regulation 1.2 and the Code. Medical certificate. The Committee notes the Government’s indication that there are no requirements concerning the nature of the medical examination and that the Ministry of Health is the competent authority who issues the medical certificates. While noting this information, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A1.2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s reference to sections 3, 6 and 29 of the draft MLR, as well as to the Agreement on Recruitment and Placement Services. Observing that these provisions do not address the detailed requirements of the Convention, the Committee requests the Government to provide detailed information on the public and private seafarer recruitment and placement services operating in Oman, and to indicate the measures adopted or envisaged to give full effect to Standard A1.4.

Regulation 2.1 and the Code. Seafarers’ employment agreement. The Committee notes that the Government refers to section 114 of the Maritime Law, which does not contain the particulars included in Standard A2.1, paragraph 4(b), (e), (f) and (g). It also notes that this section of the Maritime Law is not relevant regarding the requirements relating to the record of employment (Standard A2.1, paragraphs 1(e) and (3) and to the documents that shall be available on board, also in English (Standard A2.1, paragraph 2). The Committee further notes that the Government does not provide information on the measures ensuring that seafarers are given an opportunity to examine the seafarers’ employment agreement (SEA) and seek advice on it before signing (Standard A2.1, paragraph 1(b)) and that they may easily obtain on board clear information as to the conditions of their employment (Standard A2.1, paragraph 1(d)). The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes the Government’s reference to section 160 of the Penal Law and observes that it is not relevant in this context. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes the Government’s reference to chapter three of the Labour Law. It observes, however, that the related provisions are not implementing the detailed requirements of the Convention as to the regular payment of wages and the monthly account. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give effect to Standard A2.2, paragraphs 1 and 2.

Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes the Government’s indication that there are no applicable national provisions regarding the obligation of shipowners to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A2.2, paragraphs 3 to 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that the Government has adopted a system based on a minimum hours of rest regime. It also notes that the Government has not provided information regarding the normal working hours standard, as provided under Standard A2.3, paragraph 3. The Committee further notes the Government’s indication that there are currently no requirements relating to the minimizing of disturbances by drills, on call work, immediate safety and distress at sea and the granting of compensatory rest (Standard A2.3, paragraphs 7 to 9 and 14). The Committee notes that section 31 of the draft MLR, mentioned by the Government, is not relevant regarding the requirements relating to the table with the shipboard working arrangements and to the daily hours of work or rest records (Standard A2.3, paragraphs 10 to 12). The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. The Committee notes that the requirements relating to annual leave are partially contained in the draft MLR. Recalling the vital importance of paid annual leave for the health and well-being of seafarers and for preventing fatigue, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee notes that the requirements of Standard A2.5.1 are partially included in sections 4 and 20 of the draft MLR. However, it notes that section 20 of the draft MLR does not prescribe the detailed entitlements to be accorded by shipowners for repatriation, including those relating to the destination 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)). The Committee further notes that the Government’s references to the Omani Maritime Law in force are not relevant in this context. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.5.1.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. The Committee notes the Government’s indication that legislative texts to give effect to these provisions of the Convention have not yet been enacted. In relation to the 2014 amendments to the Code, 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 requests the Government to indicate the measures adopted or envisaged to give effect to Standard A2.5.2. It also requests the Government to provide a copy of a 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 reference to section 87 of the Maritime Law, which is not relevant in this context. Recalling that each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to Regulation 2.6 and Standard A2.6, paragraph 1.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s indication that no national policies currently exist to encourage career and skill development or to promote employment opportunities for seafarers domiciled in Oman. The Committee requests the Government to provide detailed information on any progress made on this issue.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that Regulation 3.1 and Standard A3.1 are implemented by several sections of the Maritime Law, the draft MLR and the Labour Law. However, the Committee observes that these provisions are of general nature and only give effect to some aspects of the Convention. Accordingly, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to the detailed requirements under Regulation 3.1 and the Code.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. The Committee notes the Government’s reference to section 17 of the Maritime Law, which provides that the Oman Maritime Authority is the competent body to control and inspect Omani maritime ships and foreign ships. It further notes that the Minister will issue a decision on the organization of control and inspection procedures on ships. Recalling that Standard A3.1, paragraph 3, requires that inspections shall be carried out when a ship is registered or re-registered or the seafarer accommodation on a ship has been substantially altered, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to this provision.

Regulation 3.1 and Standard A3.1, paragraph 20. Accommodation and recreational facilities. Exemptions for ships of less than 200 gross tonnage. The Committee notes that section 16 of the draft MLR provides that the shipowner must provide adequate and safe accommodation and recreation facilities for seafarers on board ship. The maritime authority, in consultation with shipowners and the seafarers’ organisations, may exclude ships of less than 200 gross tonnage from some of the requirements relating to accommodation and recreation facilities stipulated in the Convention. The Committee recalls that any exemptions with respect to the requirements of Standard A3.1 may be made only where they are expressly permitted in this Standard and only for particular circumstances in which they can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to provide detailed information on the exclusions granted by the maritime authority and to indicate how it ensures that these exclusions are compliant with Standard A3.1, paragraph 20.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes the Government’s reference to section 19 of the draft MLR, section 128 of the Maritime Law, and section 20 of the Manning Safe Document, which address medical care on board and ashore in general terms, without fully reflecting the detailed requirements of Regulation 4.1 and the Code. The Committee observes that the above-mentioned legislation does not give effect to some key aspects of Regulation 4.1 and Standard A4.1, such as: (i) the access to immediate medical care facilities (Regulation 4.1, paragraph 3); (ii) the obligation to ensure that seafarers are given health protection and medical care comparable to what is generally available to workers ashore (Standard A4.1, paragraph 1(b)); (iii) the right to visit a doctor or dentist in ports of call (Standard A4.1, paragraph 1(c)); (iv) the medicine chest, the medical equipment and the medical guide that shall be carried on board (Standard A4.1, paragraph 4(a)); and (v) the provision of a system using radio, satellite, or other communication methods to offer 24-hour medical advice free of charge to all ships (Standard A4.1, paragraph 4(d)). Noting that section 128 of the Maritime Law stipulates that during a sea voyage, the shipowner is required to provide seafarers with medical treatment and health protection free of charge if they are injured or fall ill while serving on the ship, the Committee recalls that Standard A4.1, paragraph 1(d) provides that, to the extent consistent with the Member’s national law and practice, medical care and health protection services, including essential dental care, while a seafarer is on board ship or landed in a foreign port, shall be provided free of charge to seafarers. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention. It also requests the Government to provide a copy of the standard medical report form adopted by the competent authority, in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and Standard A4.2.1, paragraphs 1-5. Shipowners’ liability. Expenses of medical care and board and lodging away from home. Wages of an injured or sick seafarer no longer on board. Limits. The Committee notes the Government’s reference to section 128 of the Maritime Law which provides that “the shipowner is (…) obligated to treat the seafarer free of charge if he is injured or falls ill during his service on the ship. (…) The shipowner must pay the seafarer’s treatment expenses if the injury or illness suffered by the seafarer is due to his intentional mistake, or in the case of drunkenness, violation of regulations, or other cases of misconduct, with the shipowner reserving the right to deduct it from the seafarer’s due wage”. Noting that this provision does not give effect to the detailed requirements of Standard A4.2.1, paragraphs 1-5, the Committee requests the Government to indicate the measures adopted or envisaged in this respect. Recalling that under Standard A4.2.1, paragraph 5(b), the shipowner’s liability may be excluded in respect of “injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer”, the Committee requests the Government to indicate how it ensures that section 128 of the Maritime Law gives effect to this provision.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Government indicates that no legislation has been adopted to implement these requirements of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2, and to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes the Government’s reference to section 13 of the Maritime Law and section 9 of the Safe Manning Regulation. The Committee observes that these provisions are of a general application and do not give effect to the requirements of the Convention. Therefore, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.3, paragraphs 1 and 2.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Government indicates that no legislation has been adopted to implement this requirement. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers, as required under Standard A4.3, paragraph 2(d).

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes the Government’s reference to section 104 of the Maritime Law, which gives partially effect to this requirement. The Committee observes that the Government has not identified provisions addressing the requirements of Standard A4.3, paragraph 5(b) and (c) (comprehensive statistics and investigation of occupational accidents), as well as Standard A4.3, paragraph 6 (protection of seafarers’ personal data). The Committee therefore requests the Government to provide information on the manner in which: (i) occupational accidents, injuries and diseases are reported taking into account guidance from the ILO; and (ii) statistics regarding occupational accidents and diseases relating to seafarers covered by the Convention are kept, examined and published and are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no shore-based welfare facilities for seafarers have yet been established in the country. Recalling the significance of access to shore-based welfare facilities for the seafarers’ well-being, the Committee requests the Government to provide information on any measures adopted or envisaged to promote the development of shore-based welfare facilities in appropriate ports in Oman.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security for seafarers: medical care; old-age benefit; employment injury benefit and invalidity benefit. It further notes the Government’s indication that there is no available information concerning the implementation of Regulation 4.5 and the Code. The Committee requests the Government to provide detailed information on how it ensures that social security protection is provided to seafarers ordinarily resident in Oman in the branches for which it has acquired an international obligation. The Committee also requests the Government to clarify whether seafarers ordinarily resident in Oman who work on foreign flagged vessels are granted social security benefits under the Omani social security system, which are no less favourable than those enjoyed by shoreworkers resident in Oman (Standard A4.5, paragraph 3). It further requests the Government to provide statistics on the number of resident seafarers covered under the Omani social security system in the aforementioned branches. 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 nine branches of social security. The Committee requests the Government to provide information on any measures adopted under Standard A4.5, paragraph 6.

Regulation 5.1.1 and the Code. Flag Sate responsibilities. General principles. The Committee notes the Government’s reference to section 30 of the draft MLR providing that the Maritime Authority shall issue maritime labour certificates and certificates of maritime labour compliance in Arabic and in English and may delegate authority to classification societies to issue, under its supervision, such certificates. The Committee requests the Government to provide detailed information on the objectives and standards defined for the inspection and certification system, including the method used for assessing its effectiveness (Regulation 5.1.1, paragraphs 1 and 5, and Standard A5.1.1, paragraph 1). The Government indicates that a copy of the MLC, 2006 shall be available on board but has not referenced the corresponding legislative text. The Committee therefore requests the Government to indicate the measures adopted or envisaged to give effect to Standard A5.1.1, paragraph 2.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Recognized organizations. The Committee notes that the Government has not indicated how it implements these requirements, nor has it provided the Office with a current list of recognized organizations authorized to act on behalf of the Oman Maritime Authority. The Committee notes the Government’s indication that there is no procedure set out to review the competence and independence of recognized organizations (Standard A5.1.2, paragraph 1). The Committee requests the Government to indicate whether it has authorized public institutions or organizations, which it recognizes as competent and independent, to carry out inspections, or to issue certificates, or to do both. If so, it requests the Government to provide information on how it gives effect to Regulation 5.1.2 and Standard A5.1.2, as well as to provide a current list of recognized organizations, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

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 indication that there are no national legislative texts regarding the issuance of the maritime labour certificate and the DMLC, Part I and Part II. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Standard A5.1.3.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s reference to section 17 of the Maritime Law which provides that the Oman Maritime Authority is the competent authority to control and inspect Omani maritime vessels and to verify that they meet the legally prescribed conditions and other relevant international requirements. However, the Committee observes that the detailed requirements under Regulation 5.1.4 and Standard A5.1.4, which are intended to establish an effective and coordinated system for conducting regular inspections to ensure that ships flying the Omani flag comply with the requirements of the Convention, are not fully implemented. The Committee therefore requests the Government to indicate the measures adopted or envisaged to give effect to these requirements of the Convention, in particular the measures taken regarding: (i) the intervals at which inspections must be carried out (Standard A5.1.4, paragraph 4); (ii) the procedures for the receipt and investigation of complaints (Standard A5.1.4, paragraphs 5, 10, 11(b) and 12); (iii) the sanctions to be imposed for breaches of the Convention (Standard A5.1.4, paragraph 7(c)); and (iv) the compensation to be paid in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspector’s powers (Standard A5.1.4, paragraph 16).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s indication that there are no on-board complaint procedures which give seafarers the right to complain directly to the master (Standard A5.1.5, paragraph 2) or the right to be accompanied or represented during the complaints procedure (Standard A5.1.5, paragraph 3), and there is no obligation established to provide all seafarers with a copy of the applicable on-board complaint procedures as provided under Standard A5.1.5, paragraph 4. The Committee accordingly requests the Government to indicate the measures adopted to give effect to Standard A5.1.5.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s reference to the Regulation on Inspection and Control Procedures for foreign ships. However, it observes that section 3 of this Regulation pertains solely to maritime inspections conducted in accordance with various conventions of the International Maritime Organization (IMO) related to the safety and security of the maritime environment, and that no reference is made to inspections under the MLC, 2006. The Committee also notes the Government’s indication that authorized officers are not given guidance as to the kinds of circumstances justifying detention of ship as required under Standard A5.2.1, paragraph 7. The Committee draws the Government’s attention to the need to establish an effective port State inspection and monitoring system and requests the Government to provide detailed information on the measures adopted or envisaged in this regard. It also requests the Government to provide a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7. The Committee finally requests the Government to indicate how it ensures that compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that no procedures exist in this regard. 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 port 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 or envisaged to give effect to Regulation 5.2.2 and Standard A5.2.2.

[The Government is asked to reply in full to the present comments in 2027.]