Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Sierra Leona (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 2014, 2016, 2018 entered into force for Sierra Leone on 29 March 2023, at the same time as the Convention, and that those approved in 2022 entered into force on 23 December 2024. It also notes that the Government’s report was received before the entry into force of the 2022 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.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through the Merchant Shipping Act, 2003, which was adopted prior to the ratification of the MLC, 2006, as well as through various Maritime Circulars. Noting the Government’s indication that the Merchant Shipping Act 2003 is currently under review, the Committee accordingly requests the Government to adopt all the necessary measures to implement the Convention taking into account the points raised below and to provide a copy of the amended text once adopted. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that section 3 of the Merchant Shipping Act, 2003 provides that “seaman” includes any person (except master and pilots) employed or engaged in any capacity on board any ship and “seafarer” includes a master, officer and any other category of crew. The Committee notes that most of the provisions of the Act with respect to working and living conditions on board are directed at seamen and therefore do not apply to masters. The Committee requests the Government to indicate the measures taken to ensure that the legislation implementing the Convention applies to all seafarers, including masters, as defined by Article II, paragraph 1(f).

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee notes that clause 2, paragraph (b) of Maritime Circular No. 15 on the Maritime Labour Convention, 2006 Procedure, indicates that in case of doubt, Sierra Leone Maritime Administration (hereafter “SLMARAD/SLMA”) must be contacted to make a determination on the question. In order to determine whether a category of workers are to be regarded as “seafarers” covered by the Convention, the following factors will be taken into consideration by SLMARAD/SLMA: (i) duration on board of the persons concerned; (ii) frequency of periods of work spent on board; (iii) location of the person’s principal place of work; (iv) purpose of the person’s work on board; and (v) protection provided to the person concerned with regard their labour and social conditions. The Committee requests the Government to inform it of any determination made on the basis of this provision.

Article II, paragraphs 1(i), 4, 5, 6 and 7. Definitions and scope of application. Ships. The Committee notes the Government’s indication that SLMARAD/SLMA is responsible for the consultation process with respect to determining, in case of doubt, whether a ship or a particular category of ships are to be regarded as ships covered by the Convention. The Government also indicates that the results have yet to be provided with respect to the consultation process as to whether, in the case of ships under 200 GT which are not engaged in international voyages, measures are taken under Article II, paragraph 6, to apply differently certain details of the Code. The Committee requests the Government to provide information on the results of these consultations and whether any determination has been made under the applicable legislation.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that in Sierra Leone, the standard age to be engaged as a worker whether as a seafarer or otherwise is 18 years. The Committee notes, however, that the Declaration of Maritime Labour Compliance (DMLC), Part I, submitted by the Government indicates that the minimum age to work on board is 16 years old. In addition, section 131(1) of the Merchant Shipping Act, 2003 provides that “no person under the age of 16 years shall be employed in a Sierra Leone ship except – (a) upon work approved by the Administration on board a school ship or training ship; (b) where the Executive Director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. Section 133(1)(c) of the same Act provides that the Minister may by statutory instrument make such regulations as he considers necessary or expedient to provide for the employment of persons under 16 years. The Committee also notes that section 95(1) of the Employment Act, 2023 sets the minimum age to be employed to perform work in a workplace at 15 years. Recalling that Regulation 1.1 and Standard A1.1, paragraph 1 prohibit, without exception, the employment, engagement or work on board of any person under the age of 16 years, the Committee requests the Government to adopt the necessary measures to ensure full conformity with this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that, pursuant to section 95(3) of the Employment Act, 2023, a child below the age of 18 years shall not be employed on night work. The Committee also notes that clause 7 of Maritime Circular No. 18 on Hours of Rest provides that no seafarer under 18 years of age shall work at night unless the seafarer is under an effective training of young seafarers in accordance with established programmes and schedule. The Committee requests the Government to indicate whether the competent authority has authorized exceptional derogations to the strict prohibition of night work for seafarers under 18 years in accordance with established training programmes and schedules.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 95(4) of the Employment Act, 2003, a child under the age of 18 years shall not work or be employed to perform any work that is likely to jeopardize his health, safety, physical, mental, spiritual, moral or social development, or to interfere with his education. The Committee also notes that sections 36(1) and (3) of the Child Rights Act, 2024, prohibit the engagement of a child in hazardous work, which includes going to sea. The Committee notes further that the Government indicates that deck work, working in enclosed spaces and working aloft have been proscribed under section 95(4) of the Employment Act 2023, but provides no reference to the relevant legal text. The Committee requests the Government to indicate the measures taken to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4, for which the employment, engagement or work of seafarers under the age of 18 is prohibited, taking into account the specific conditions of work and risks on board ships for young seafarers, and to provide information on the consultations held in order to determine such list.

Regulation 1.2 and the Code. Medical Certificate. The Committee notes that regulation 18(1) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping for Seafarers) Regulations 2021 provides that the Administration shall establish – (a) standards of medical fitness for seafarers; and (b) procedures for the issue of a medical certificate in accordance with this regulation and section A-1/9 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. The Committee notes, however, that no standards and procedures seem to have been established with respect to the conduct of the medical examination and the issuance of the certificate pursuant to regulation 18(1). Additionally, regulation 18 is silent with respect to the nature of the medical examination and certificate (Standard A1.2, paragraph 2), the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4), the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5), and the period of validity for a certificate of colour vision (Standard A1.2, paragraph 7(b)). The Committee requests the Government to take the necessary measures to give effect to the different requirements of Standard A1.2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that at present there are no public or private recruitment services operating in the country. It also notes the Government’s information that there are more than 7678 seafarers working on ships flying the Sierra Leone flag. While section 109(1)(g) of the Merchant Shipping Act, 2003, provides that the Minister may make regulations providing for the responsibilities of companies in the engagement of officers and seamen, the Committee notes that no specific legislation has been adopted at national level regarding seafarer recruitment and placement services. The Committee requests the Government to provide information on any developments in this regard. It also requests the Government to indicate how seafarers working on board Sierra Leone ships are recruited.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. The Committee notes that section125(c) of the Merchant Shipping Act, 2003, provides that when the crew is first engaged, the agreement shall be signed in triplicate, a copy of the agreement shall be sent to the Administration, a copy shall be forwarded to the owner and the other shall be retained by the master and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship. The Committee notes, however, that there is no reference to the requirement that the original SEA be given to the seafarer under the Merchant Shipping Act, 2003, nor under Maritime Circular No. 17 on Seafarer’s Employment Agreement. Recalling that Standard A2.1, paragraph 1(c), provides that the shipowner and seafarer concerned shall each have a signed original of the SEA, the Committee requests the Government to take the necessary measures taken to give effect to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that section 217 of the Merchant Shipping Act, 2003 provide that the Registrar of Seamen may issue to a seaman a book to be known as the Employment Record Book which shall be in the prescribed form and that section 218(c) of the same Act provides that the Minister may by statutory instrument make regulations to provide for the issue and form of Employment Record Books. The Committee also notes that section 128 of the same Act provides that the master shall sign and give to a seaman discharged from his ship either on his discharge or on payment of his wages, a Certificate of Discharge in an approved form specifying the period of this service and the time and place of the discharge which shall not contain any statement as to the wages or the quality of work of the discharged seaman. The Committee, however, notes that section 129(1) stipulates that when a seaman is discharged from a Sierra Leone ship, the master of the ship shall make and sign a report in the prescribed form in this section called a “performance report” in which the master shall report on the conduct, ability and sobriety of the seaman who is being discharged. The Committee requests the Government to take the necessary measures to ensure that the record of employment does not contain any statement as to the quality of the seafarer’s work, in conformity with Standard A2.1, paragraph 3. The Committee further requests the Government to provide an example of the approved document for seafarers’ record of employment.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Government indicates that, although the Merchant Shipping Act, 2003 does not explicitly establish a minimum notice period for the termination of the SEA, according to section 84(1) of the Employment Act, 2023, which applies to seafarers, a contract without reference to limit of time may be terminated by either party upon giving one month notice or pay one month basic salary in lieu of notice. Pursuant to section 85(2), where a worker terminates a contract without notice in circumstances in which notice is required and the employer has not waived the right to notice, “the worker shall be entitled only to be paid such wages and other remuneration and to receive such other benefits as where accrued due at the date of termination”. The Committee notes that the latter provision, in case that there is no mutual consent, does not grant seafarers the wages and other entitlements that would have been owed or due to them up to the expiry of any notice of termination. The Committee also notes that Maritime Circular No. 17 on Seafarer’s Employment Agreement reproduces the requirement of Standard A2.1, paragraph 5, that the minimum notice period to be given by the seafarers and shipowners for the early termination of a SEA is seven days, as well as the requirement of Standard A2.1, paragraph 6, that a notice period shorter than the minimum may be given by the seafarer, without penalty, for compassionate or urgent reasons. Noting that the termination of employment is regulated by several provisions that are not consistent with one another,the Committee requests the Government to harmonize its legislation to ensure full conformity with Standard A2.1, paragraphs 5 and 6.The Committee also requests the Government to indicate the measures taken to ensure that no penalty is imposed on seafarers who terminate the SEA on shorter notice or without notice for compassionate or other urgent reasons.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes that there are currently no legal provisions giving effect to the 2018 amendments to the MLC, 2006. 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 indicate the legislative measures taken or envisaged to give full effect to the 2018 amendments to the MLC, 2006, and to reply to the above-mentioned questions.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee notes that, pursuant to section 136(1) of the Merchant Shipping Act, 2003, the master or owner of a Sierra Leonean ship shall pay to each seaman belonging to that ship his wages, if demanded – (a) within two days after the arrival of the ship at the port where the crew is to be discharged, or (b) upon the seaman’s discharge, whichever first happens. The Committee also notes that section 136(2) of the same Act provides that the master of a Sierra Leonean ship shall, before paying off or discharging a seaman, deliver at the time and in the manner provided by this Act, a full and true account of the seaman’s wages and of all deductions to be made from it for any reasons whatever and that, in accordance with section 136(3), the account shall be delivered to the seafarer not less than 24 hours before his discharge or paying off. The Committee recalls that pursuant to Standard A2.2, paragraph 1, seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement. It also notes that pursuant to Standard A2.2, paragraph 2, seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.2, paragraphs 1 and 2.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes the Government’s reference to section 143(1) of the Merchant Shipping Act, 2003, according to which a seaman may, by means of an allotment note issued in accordance with regulations allot to any person or persons part of the wages to which he will become entitled in the course of his employment in a Sierra Leone ship. The Committee notes that section 143(2) further stipulates that the Minister may by statutory instrument make regulations – (a) relating to the limitations to which a seaman’s right to make an allotment are subject; (b) prescribing the form of allotment notes; and (c) relating to the right of a person named in an allotment note to sue in his own name. Noting that such regulations have not been adopted, and that there are no national provisions implementingStandard A2.2, paragraphs 4(a) and (b) and paragraph 5, the Committee requests the Government to adopt the necessary measures to give full effect to such provisions of the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Exceptions. The Committee notes the Government’s indication that more than two periods of rest per 24 hours are not prohibited in all cases, particularly for seafarers’ catering department due to the nature of their work and in some cases deck workers involved in cargo work. The Government also indicates that there are currently no collective agreements authorized or registered that permit exceptions to the established limits. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraphs 5 and 6, and that any exceptions which do not fall within those covered by paragraph 14, must follow the requirements of Standard A2.3, paragraph 13, and be provided by collective agreements. The Committee therefore requests the Government to indicate the measures taken to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, other than those justified under paragraph 14 of the same Standard, are only provided through a collective agreement, as required by Standard A2.3, paragraph 13, and not under the seafarers’ employment agreement (i.e. an agreement made between the shipowner and the seafarer), or the law or other measures.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes the Government’s indication that, under section 71(4) of the Employment Act, 2023, a worker who has served the same employer or workplace continuously for a period of one year shall be entitled to at least one month of his basic salary as annual leave allowance for each completed year of service or as prescribed by collective agreements or other better terms. The Government also states that, pursuant to section 154(1) of the Merchant Shipping Act, 2003, a person is entitled after 12 months of continuous service on a Sierra Leone ship, or for the same employer, to an annual leave with pay, or to a proportionate part of the annual leave with pay, the duration of which shall be – (a) in the case of officers, 21 days; and (b) in the case of ratings, 21 days. The Committee recalls that according to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment and that the concept of paid annual leave is assumed to be an uninterrupted period that is to be taken annually. The Committee draws the Government’s attention to the fact that this requirement is linked to the requirement in paragraph 2(b) of Standard A2.5, regarding the maximum duration of on-board service – of less than 12 months – following which an entitlement to repatriation arises. In this regard, it observes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.4, paragraphs 1 and 2, and Standard A2.5.1, paragraph 2(b).

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 currently no agreements to forgo annual leave with pay have been authorized by the competent authority in Sierra Leone. While noting this information, the Committee has not identified provisions in the national legislation prohibiting any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority (Standard A2.4, paragraph 3). The Committee therefore requests the Government to adopt the necessary measures to give effect to this requirement of the Convention.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave.Noting that the Government has not provided information on the national provisions implementing Regulation 2.4, paragraph 2, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that section 208 of the Merchant Shipping Act, 2003, provides for relief to be accorded to distressed seafarers who have been left behind outside of Sierra Leone or shipwrecked but does not cover all the circumstances under which a seafarer shall be deemed to have been abandoned pursuant to Standard A2.5.2, paragraph 2. While also noting that Maritime Circular No. 33 on the amendments of 2014 to the Maritime Labour Convention, 2006 requires ships registered in Sierra Leone to carry on board a certificate or other documentary evidence of valid financial security, the Committee notes that it does not prescribe the conditions under which a seafarer is considered to have been abandoned in accordance with Standard A2.5.2, paragraph 2, nor does it specify the assistance to be provided as required by Standard A2.5.2, paragraphs 9 and 10.The Committee therefore requests the Government to take the necessary measures to ensure that the seafarers receive the assistance provided under the financial security system as required by Standard A2.5.2, paragraphs 9 and 10in all circumstances provided for by 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 2.7 and Standard A2.7, paragraphs 1 and 2. Manning levels. Adequate manning. Excessive hours of work. While noting the Government’s indication that section 109 of the Merchant Shipping Act, 2003 empowers the Minister to promulgate regulations to provide for the manning requirements for Sierra Leone ships and the qualifications of officers and seamen of such ships, the Committee notes that the Government provides no such regulations. The Committee also notes that, while regulation 14(1)(b) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping For Seafarers) Regulations 2021, provides that a person employed and authorized by the Administration to serve as a control officer shall verify whether the numbers and certificates of seafarers serving on-board a ship are in conformity with the applicable safe manning requirements of the Administration and that regulation 23(b) provides that the Administration shall require a company that owns a ship to ensure that the company’s ship is manned in compliance with the applicable safe manning requirements of the Administration, the applicable safe manning requirements of the Administration to which the Merchant Shipping (Standards of Training, Certification and Watchkeeping For Seafarers) Regulations 2021, refer do not seem to have been prescribed. The Committee therefore requests the Government to provide information on procedures developed to determine, approve or revise manning levels, specifying how they take into account: (i) the requirements that all ships that fly its flag have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security and that every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions (Standard A2.7, paragraph 1); and (ii) the need to avoid or minimize excessive hours of work and limit fatigue (Standard A2.7, paragraph 2). Noting that the Government has supplied a blank minimum safe manning document, the Committee requests it to supply for each type of ship (passenger, cargo, etc.), examples of minimum safe manning documents 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 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that section 168(1) of the Merchant Shipping Act, 2003, provides that a Sierra Leonean ship exceeding 1,000 gross tons trading from and beyond the waters of Sierra Leone shall carry on board a duly certificated ship’s cook and that, according to section 168(2), where, in the opinion of the Executive Director, there is an inadequate supply of certificated ship’s cooks he may exempt a particular ship from the requirements of subsection (1) for a specified period. The Committee recalls that Regulation 2.7 applies to all ships that fly the flag of a Member and, with respect to the requirement for ships to carry a fully qualified cook, the only exception allowed applies to ships operating with a prescribed manning of less than ten (Standard A3.2, paragraph 5). The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.8 and the Code. Career and skill development and employment opportunities.Noting the Government’s indication that there are currently no policies in place in Sierra Leone specifically relating to seafarers, the Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that Sierra Leone did not ratify the Accommodation of Crews Convention (Revised), 1949 (No. 92), or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which were revised by the MLC, 2006. The Committee also notes the Government’s indication that section 167 of the Merchant Shipping Act, 2003, provides for the power to make regulations with respect to crew accommodation and also refers to clause 1, paragraph (d) of Maritime Circular No. 15 on the Maritime Labour Convention, 2006 Procedure, according to which the requirements of Regulation 3.1 for accommodation and recreational facilities as well as the related Code apply only to ships constructed on or after 20th of August 2013. The Committee further notes that there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities. The Committee requests the Government to adopt the necessary measures to give effect to the requirements of the Convention respecting accommodation and recreational facilities on board ships flying the Sierra Leonean flag.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee notes that section 167(3) of the Merchant Shipping Act, 2003 with respect to crew accommodation provides that regulations made under this section may exempt any particular ship or any class of ship from any requirements of the regulations. The Committee recalls that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to indicate the measures taken to ensure that all exemptions to the application of the regulations are made within the limitations provided for under Standard A3.1, paragraph 21.

Regulation 3.2 and the Code. Food and Catering. The Committee notes that the Merchant Shipping Act, 2003, and the Employment Regulations, 2023, to which the Government refers do not give effect to the detailed requirements of Regulation 3.2 and the respective provisions of the Code. The Committee requests the Government to adopt the necessary measures to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that sections 169-171 of the Merchant Shipping Act, 2003 provide for medical care on board and ashore in general terms, without giving effect to several of the detailed requirements of Regulation 4.1 and the Code. The Committee requests the Government to adopt the necessary measures to give full effect to the detailed requirements of Standard A4.1.

Regulation 4.2 and the Code. Shipowners’ Liability. The Committee notes the information provided by the Government and the reference to sections 159 and 170 of the Merchant Shipping Act, 2003. Noting that national laws and regulations do not address fully the detailed requirements Standard A4.2.1, paragraphs 1 to 7,the Committee requests the Government to indicate the measures adopted to give effect these provisions of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to Maritime Circular No. 33 on the amendments of 2014 to the Maritime Labour Convention, 2006, which requires all Sierra Leonean vessels to carry on board a certificate or other documentary evidence of valid financial security issued by the financial security provider. The Committee, however, notes that Maritime Circular No. 33 does not indicate how 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 shall meet the minimum requirements set out under Standards A4.2.1 and A4.2.2. The Committee requests the Government to provide information on the measures taken to give effect to these provisions of the Convention. The Committee also requests the Government to provide an example of an existing 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 that section 161(1) of the Merchant Shipping Act, 2003, provides that the Minister may, by statutory instrument, make regulations for securing as far as practicable, safe working and safe means of access for masters and seamen employed in a Sierra Leonean ship, and requiring the reporting of injuries sustained by them, which have yet to be adopted. The Committee notes the Government’s indication that the Merchant Shipping Act, 2003 is currently under review to make provisions for such matters. The Committee recalls that under Regulation 4.3, paragraph 3, each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. The Committee therefore requests the Government to supply a copy of the provisions adopted to ensure conformity with these requirements.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the indications of the Government that there are currently no shore-based facilities operating in the country and that the construction of a new welfare facility has been planned for the future by the Seafarer’s Union of Sierra Leone. The Committee requests the Government to keep it informed on any developments regarding the construction of the new welfare facility and the implementation of these provisions of the Convention.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, upon ratification of the Convention, Sierra Leone declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are medical care, sickness benefit, and employment injury benefit. The Committee notes that the National and Social Security Insurance Trust (NASSIT) Act, 2001, and the Sierra Leone Social Health Insurance (SLeSHI) Act, 2017, provide for benefits in the above-mentioned branches for employees covered by these schemes. While SLeSHI Act, 2017, provides that the Social Health Insurance scheme is established to provide accessible and affordable primary healthcare insurance services for all citizens of Sierra Leone and persons resident of Sierra Leone, both above-mentioned Acts define a worker as any person who is employed for remuneration in any kind of work, and (a) is employed in Sierra Leone but not as a member of the crew of any ship; or (b) being a permanent resident of Sierra Leone, is employed – (i) as a member of the crew of any ship, the owners of which have an office or agents in Sierra Leone; or (ii) outside Sierra Leone for an employer in Sierra Leone. The Committee requests the Government to indicate how it ensures that seafarers who are residents in Sierra Leone, whether citizens of Sierra Leone or not, and who work on a ship flying the flag of Sierra Leone or a foreign flag but whose owner does not have an office or agent in Sierra Leone, are provided with social security protection as required by Regulation 4.5 and the Code (Standard A4.5, paragraph 3).

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that Sierra Leone has yet to adopt any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee recalls that, although the primary obligation regarding social security protection 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 applicable branches of social security. The Committee requests the Government to indicate any steps taken in the future to provide benefits to seafarers in ships flying the Sierra Leonean flag comparable to those provided to seafarers resident in the country.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the existing ship inspection and certification system is based on the Merchant Shipping Act, 2003 adopted prior to the MLC, 2006. The Committee notes, however, that these provisions have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 with regard to flag State responsibilities. The Committee requests the Government to adopt the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance and Regulation 5.1.4 on inspection.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006, on board. The Government indicates in its report that there is no specific requirement for ships flying Sierra Leone’s flag to have a copy of the Convention available on board and that what is most paramount is proof that the master is familiar with the requirements of the Convention and the responsibilities for implementation. 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 adopt the necessary measures to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication that the inspection of compliance with the Convention has been delegated to a number of recognized organizations listed under Maritime Circular No. 15 on the Maritime Labour Convention, 2006, Procedure. The Committee requests the Government to (i) provide copies of examples of agreements with such recognized organizations; and (ii) 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 authorized organizations, as required under 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 reference to Maritime Circular No. 15 on the Maritime Labour Convention, 2006 Procedure which reproduces some of the requirements of Standard A5.1.3. Such Maritime Circular No. 15 has not incorporated the 2016 amendment to the MLC, 2006, which allows Member States to extend the maritime labour certificate for a period not exceeding five months when a renewal inspection shows that the ship meets requirements under national laws but that a new certificate cannot immediately be issued (Standard A5.1.3, paragraph 4). The Committee also notes the Government’s indication that there are no provisions giving effect to Standard A5.1.3, paragraph 12. Recalling the significance of establishing a system for ensuring compliance with the requirements of Regulation 5.1.3 and the Code, the Committee requests the Government to adopt the necessary measures to give full effect to these provisions of the Convention, both in law and in practice.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I provided by the SLMARAD contains concise information in line with the relevant provisions of the MLC, 2006, on the list of 16 matters to be inspected. The form does not contain, however, the necessary reference to the national legal provisions. The Committee therefore requests the Government to review the DMLC, Part I in order to ensure that it identifies the national requirements embodying the relevant national legal provisions and includes the information on the main content of those requirements. 

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the Merchant Shipping Act, 2003 prescribes that inspections shall be carried out to conform with maritime safety and covers mostly the structure, machinery and equipment of Sierra Leonean ships, but does not prescribe inspections shall relating to working and living conditions of seafarers on board those ships to verify that the requirements of the Convention are met. Furthermore, while Maritime Circular No. 15 on the Maritime Labour Convention, 2006 Procedure requires inspections of working and living conditions to be carried out at certain intervals in accordance with Standard A5.1.3, such inspections only cover ships that are required to carry a Maritime Labour Certificate. The Committee recalls that inspections shall cover all vessels covered by the Convention and shall take place at least once every three years. The Committee requests the Government to provide information on the national measures adopted to ensure that: (i) inspections prescribed by the MLC, 2006for compliance with working and living conditions, are conducted at least every three years including for ships that are not required to carry a Maritime Labour Certificate (Standard A5.1.4, paragraph 4); (ii) procedures are established for receiving and investigating complaints (Standard A5.1.4, paragraphs 5, 10, 11(b)); and (iii) one copy of the inspection report shall be furnished to the master of the ship and another copy shall be posted on the ship’s noticeboard for the information of the seafarers and, upon request, sent to their representatives (Standard A5.1.4, paragraph 12).

Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties.Noting that section 478 of the Merchant Shipping Act, 2003 does not require that official inquiries shall be held in all cases into any serious marine casualties leading to injury or loss of life that involves a Sierra Leonean flagged ship, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes that according to the Abuja Memorandum of Understanding on port State Control (CMOU) Annual Report 2023, Sierra Leone carried out 45 inspections in 2023. The Committee, however, notes that the Merchant Shipping Act, 2003, and the inspection and monitoring system in place does not currently seem to verify compliance with the requirements of the Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on foreign ship calling at a Sierra Leonean port. The Committee also notes that while section 343 of the Merchant Shipping Act, 2003, refers to complaints, it does not prescribe the onshore seafarer complaint-handling procedures. The Committee therefore requests the Government to indicate the measures taken to give full effect to Regulations 5.2.1 and 5.2.2 and the associated provisions of the Code.

Additional documents and information. The Committee requests the Government to provide the documents and statistical information requested in the report form.