Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention du travail maritime, 2006 (MLC, 2006) - Palaos (Ratification: 2012)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) as well as the observations of the International Transport Workers’ Federation’s (ITF) received on 1 September 2025. The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for Palau on 26 December 2020 and 23 December 2024, respectively. 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), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. In reply to the Committee’s previous comment, the Government recognizes the inconsistencies between the Convention and its legislation regarding the definition of seafarer, which excludes the master from such definition. The Government indicates that due to the inconsistency being in the primary legislation, the matter cannot be resolved through a Marine Notice as initially proposed, and therefore the Ministry of Public Infrastructure and Industries is currently working on draft amendments to the Admiralty and Maritime Act (Title 7 of the Palau National Code) to comply with the Convention. The Committee further observes that the Government’s reply does not contain information as to whether criteria and procedures will be adopted with respect to the non-exhaustive list of categories of persons referred to under subchapter 7.1 of the Maritime Regulations of 2012 who are not considered seafarers. The Committee requests the Government to take the necessary measures to ensure that the amended legislation: (i) includes the master in the definition of a seafarer; and (ii) takes into account the criteria of Resolution VII concerning information on occupational groups adopted in 2006 by the 94th (Maritime) Session of the International Labour Conference when determining, in the event of doubt, that certain categories of persons are not to be regarded as seafarers in accordance with Article II, paragraph 3. The Committee requests the Government to provide updated information on the progress made with respect to the amendments to the legislation.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that the Government refers, in reply to its previous comment, to the fragmentation of regulatory authorities responsible for vessels covered by the Convention that are operating in the inland waters and territorial sea as defined under UNCLOS. Palau has amended the Admiralty and Maritime Act (Title 7 of the Palau National Code) to give the Ministry of Public Infrastructure and Industries the authority to promulgate regulations to implement the MLC, 2006, on ships operating in the territorial sea. It states that further amendments to the Palau National Code are however needed in order for Palau to extend the application the Convention to ships operating in areas landward of the baseline as defined in UNCLOS. The Committee however understands that the provisions of Chapter 7 of Title 7 exclude, from the application of Chapter 8 and subsequent legislation implementing the MLC, 2006, vessels engaged exclusively in domestic commerce in waters extending to a 200 nautical miles exclusive economic zone, which may be registered under Chapter 1 of the same Title, despite the Government referring to Chapter 1 of Title 7 as applying to ships operating in areas landward of the baseline. The Committee requests the Government to clarify whether all ships registered under Chapter 1 of Title 7 are engaged exclusively in areas landward of the baseline.

Article III. Fundamental Rights and Principles. Further to the Committee’s previous comment with respect to the fundamental right to freedom of association and the effective recognition of the right to collective bargaining, the Government indicates that it has not received the technical assistance requested from the Office and has therefore not been able to make progress in this regard. The Committee trusts that the Office will provide the required technical assistance.

Article VII. Consultations. The Committee notes that, in response to its previous request, the Government indicates that it requests assistance and information on how Palau may have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country. The Committee trusts that the Office will provide the required technical assistance in the near future.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that, in reply to its previous comment, the Government recognizes that the provisions of the Admiralty and Maritime Act with respect to the minimum age of employment may lead to confusion and will accordingly undertake necessary amendments to make the provisions clearer. The Government states that section 826 of the Act seems to reflect section 505, which allows ships registered under Chapter 7, but operating in territorial waters of another jurisdiction, to employ persons under 16 who work on vessels on which only members of the same family are employed, school ships, or training ships. The Committee observes that both sections 505 and 826 provide for exceptions to the prohibition of the employment, engagement or work on board a ship of any person under the age of 16, which are not permitted under Standard A1.1, paragraph 1, whether the ships are engaged in international or domestic voyages. The Committee requests the Government to take the necessary measures without delay to comply with this provision of the Convention.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination.Noting the Government’s reply that it will amend Marine Notice 194.1 to bring it into conformitywith the requirement of Standard A1.2, paragraph 5, the Committee requests it to adopt the necessary steps to that end without delay and to provide an amended text once available.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. In reply to its previous request, the Government indicates that Marine Notice 202-1 provides details of the minimum hours of rest and standard template format for recording of daily hours of rest. The Committee notes the Government’s indication that Palau has 11 public holidays, which are however not observed by non-government entities. The Admiralty and Maritime Code however sets 5 holidays for seafarers serving on Palau ships. The Committee observes that the Government does not provide information as to whether seafarers are also given one day of rest per week. The Committee acknowledges the request for advice regarding national holidays.Recalling that Standard A2.3, paragraph 3, also provides that the normal working hours’ standard for seafarers shall include one day of rest per week, the Committee requests the Government to take the necessary measures without delay to give full effect to this provision of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. Referring to its previous comment, the Committee notes the Government’s indication that, after reviewing the applicable legal instruments, Palau acknowledges that a seafarer who has full 12 months of sea service will accumulate no less than 30 days of leave. It considers that the provisions of section 833(a) of the Admiralty and Maritime Act, according to which every Master and seafarer shall be entitled, after twelve (12) months of continuous service on a vessel or for the same employer, to receive an annual vacation allowance equivalent to: (1) not less than twelve (12) days base wages, in the case of Masters and officers; and (2) not less than eight (8) days base wages, in the case of other members of the crew, are not necessarily inconsistent and has decided not to make amendments. While noting this information, the Committee observes, once again, that section 833 of the Act does not comply with the requirement of Standard A2.4, paragraph 2, that 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, while the Maritime Regulations 2012, are in compliance, if there is any inconsistency between the provisions in these Regulations and the provisions in the Act, the provisions in the latter prevail to the extent of the inconsistency. The Committee also draws the Government’s attention to the fact that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board shall be “less than 12 months”. In this respect, it notes that from the combined reading of Standard A2.4, paragraph 3, on annual leave which is assumed to be an uninterrupted period that is to be taken annually, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous duration of service periods on board without leave is, in principle, 11 months. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A2.4, paragraph 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. In reply to the Committee’s previous request, the Government states that exceptions to forgo annual leave are generally prohibited, however, there may be occasions where they are allowed by the Ship Registry Administrator in accordance with paragraph 7.10(b) of the Maritime Regulations of 2012. The Government indicates that the only exceptions that have been provided by the Palau Flag Administration were for the crew members impacted by the COVID-19 pandemic. The Committee observes that exceptions to the prohibition to forgo annual leave and the conditions extending the maximum continuous period of service up to 14 months were prescribed under Marine Circular 191.1. Recalling that any exceptions to the prohibition to forgo annual leave need to be construed in a restrictive manner as the purpose of Regulation 2.4 is to ensure that seafarers have adequate leave, the Committee requests the Government to inform it of any other authorizations granted in the future, pursuant to paragraph 7.10(b) of the Maritime Regulations of 2012.

Regulation 2.5 and the Code. Repatriation. The Committee notes the reply of the Government to its previous comment indicating that based on Chapter 7.11 of the Maritime Regulations of 2012 and Maritime Notice 203.2, shipowners and all parties involved are required to comply with Regulation 2.5 and Standard A2.5.1. It states that it will review the Regulations and if necessary, work on necessary amendments to remove any ambiguity. The Committee requests the Government to take the necessary measures to ensure that, under the circumstances of section 844 of the Admiralty and Maritime Code and of paragraph 7.11(f) of the Maritime Regulations of 2012, considered as “serious default” of the seafarer’s employment obligations, the shipowner shall pay for repatriation in first instance and may recover the cost of repatriation from the seafarer’s wages or other entitlements, after the “seafarer has been found” in such a serious default. The Committee also requests the Government to specify the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in serious default of the seafarer’s employment obligations, pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the provisions of Marine Notice 201.5 give effect to the requirements of Standard A2.5.2. The Committee notes that the Government has provided copies of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraph 1. Manning Levels. Adequate manning.Noting the absence of information in reply to its previous comment, the Committee reiterates its request to the Governmentto take thenecessary measures to ensure that its provisions related to manning levels do not allow for exemptions in relation to the gross tonnage or the size of the ships.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. Noting that the Government does not provide information with respect to the question previously raised, the Committee requests the Government to take the necessary measures to ensure that all ships operating with a prescribed manning of ten and more carry a fully qualified cook, as required by the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application.Noting that no answer has been provided on this point, the Committee reiterates its requests to the Government to provide a copy of the updated Marine Notice on accommodation requirements.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum Requirements. Medical advice by radio or satellite.Noting that the Government has not provided an answer to its previous request, the Committee reiterates its request.

Regulation 4.2 and Standard A4.2.1, paragraph 1(b). Shipowners’ liability. Minimum Standards. Death or long-term disability.In the absence of reply in this regard, the Committee reiterates its previous request to the Government to take the necessary measures to ensure that all seafarers benefit from the protection provided for in Standard A4.2.1, paragraph 1(b).

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion.Noting that no answer has been provided on this point, the Committee requests the Government to take the necessary measures to ensure that exclusions to the shipowner’s liability are limited to those foreseen under Standard A4.2.1, paragraph 5.

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 with interest that the provisions of paragraph 7.17 of the Maritime Regulations of 2012, and of Marine Circular 137.2 comply with the requirements of the Convention. The Committee observes that the Government has provided copies of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage.Noting that the Government has not provided an answer to its previous request, the Committee reiterates its request to provide information concerning any progress made for the provision of social security protection for non-resident seafarers working on ships flying its flag.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations.Noting that no answer has been provided in this respect, the Committee requests the Government to take the necessary measures to ensure compliance with this requirement of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In the absence of reply in this regard, the Committee reiterates its previous request to the Government to take the necessary measures to give effect to the requirements of Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraph 11. Flag State responsibilities. Inspection and enforcement. Authority and impartiality.Noting the absence of information in reply to its previous comment, the Committee reiterates its request to the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers.Noting that the Government does not provide information with respect to the question previously raised, the Committee requests the Government to take the necessary measures to ensure compliance withStandard A5.1.4, paragraph 16.

Regulation 5.1.6. Flag State responsibilities. Marine casualties.In the absence of reply in this regardwith respect to the requirement to hold an official inquiry into any serious casualty, the Committee reiterates its previous request to the Government to take the necessary measures to comply with this provision of the Convention.