Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2. Pension scheme coverage for seafarers.In its previous comment, the Committee noted the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS) and requested the Government to clarify if affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits. The Committee notes the information provided by the Government in its report, specifying that, in principle an employer must declare his employees to the CNSS. The Committee takes note of this information and once again requests the Government to indicate whether there are any categories of seafarers that are excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. With respect to its previous comments on section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 that raised the age of retirement from 55 to 60 years, the Committee notes the absence of reply by the Government in its report to its request on the impact of the age increase on the rates of contribution for shipowners and seafarers and pensions’ amount and replacement rates. However, the Committee notes that, pursuant to section 51 of Act 154/AN/02/4ème L of 31 January 2002 as modified by Act No. 212/AN/07/5ème L of 19 January 2008 on the creation of the CNSS, old-age pension is calculated on the basis of the average salary of the last ten years, with an annuity rate of 2 per cent for the years up to 2001, of 1.8 per cent for the years between 2002 and 2006, and of 1.5 per cent from 2007.

The Committee recalls that, according Article 3 (1) (a) (ii) of the Convention, the pension must be at a rate not less than the total obtained by computing for each year of his sea service 2 per cent of the remuneration on the basis of which contributions were paid, if the pension scheme provides pensions at the age of 60 years. The Committee requests the Government to indicate how it ensures that the 2 per cent of remuneration is computed for each year of sea service for seafarers who are registered to the CNSS, following the increase in the retirement age to 60 years. .

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Code of Maritime Affairs, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Code of Maritime Affairs so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Code of Maritime Affairs, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workers’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Code of Maritime Affairs does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2012 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.

Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Shipping Code, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2.(5)(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Shipping Code so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – Sickness insurance. The Committee notes that, under section 139 of the Shipping Code, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Shipping Code does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2(7) of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including statistics for the next reporting period relating to: (1) the total number of seafarers serving on vessels covered by the Convention; (2) the number of seafarers who have been assisted pursuant to the provisions of the Convention, distinguishing if possible between persons left ashore in the territory of Djibouti and those left ashore elsewhere, and also between occupational accidents and diseases, on the one hand, and other accidents and diseases, on the other; and (3) the total expenditure incurred by shipowners in respect of their liability.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which establishes an up-to-date and comprehensive legislative framework for regulating seafarers’ living and working conditions, promotes the creation of a level playing field for shipowners, and reproduces, in Regulation 4.2, Standard A4.2 and Guideline B4.2, the principal rules laid down by Convention No. 55. The Committee requests the Government to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2008 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.

Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.

Part IV of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics for the next reporting period relating to the following points: the total number of seafarers covered by the Convention who are affiliated to the CNSS; the total cost of cash benefits granted to seafarers in the event of incapacity for work and the average amount per insured person; the total cost of death benefit; the total cost of benefits in kind and the average cost of benefits in kind per insured person; the total amount of financial resources of sickness insurance schemes and respective contributions of employers and insured persons to such resources.

Finally, the Committee takes this opportunity to recall that Convention No. 56, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006), which, in Regulation 4.5, Standard A4.5 and Guideline B4.5, sets out the principles and rules for progressively achieving a comprehensive social security protection for seafarers. The Committee requests the Government to keep the Office informed of any further developments with respect to the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics, if available, indicating the total number of seafarers affiliated to the CNSS pension scheme and any difficulties encountered in the application of the Convention.

Finally, the Committee draws the Government’s attention to the fact that Convention No. 71 is one of the few ILO Conventions concerning maritime labour which has not been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It therefore remains fully relevant with respect to seafarers’ pensions. Moreover, Regulation 4.5, Standard A4.5 and Guideline B4.5 of the MLC, 2006, are aimed at the adoption of measures by member States to progressively achieve comprehensive social security protection for seafarers. The Committee therefore hopes that the Government will consider ratifying the MLC, 2006, in order to progressively extend the social protection enjoyed by seafarers to all branches of social security listed therein.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2(2)(b) and 6 of the Convention. Exclusion from liability – Wilful misconduct of the seafarer. The Committee notes that, under the terms of section 123 of the Shipping Code, the seafarer must repay the cost of repatriation to the shipowner if he is injured or sick as a result of his own wilful act. It also notes that, under section 41 of the Code, in such a case, the captain is only obliged to provide the seafarer with food and all necessary care until the time of his disembarkation. The Committee draws the Government’s attention to the fact that, even though Article 2(2) of the Convention allows national law to make exceptions regarding shipowner liability in the event of sickness or injury of the seafarer in cases where such sickness or injury is due to wilful act, default or misbehaviour of the seafarer concerned, Standard A4.2, paragraph 5(b), of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 55, limits exceptions regarding shipowner liability to cases of injury or sickness due to the wilful misconduct of the seafarer. The preparatory work for the MLC, 2006, concluded that a narrow interpretation had to be given to these terms as the rights of individual seafarers were involved. Two elements were required to establish the existence of wilful misconduct: intentionally doing something which should not be done; and with knowledge of the probable result or with a wanton and reckless disregard of the possible result (see International Labour Conference, 94th (Maritime) Session, February 2006, Provisional Record No. 7, Part I, paragraph 771). The Committee requests the Government to clarify the scope of sections 123 and 141 of the Shipping Code so that it can evaluate whether the restrictions on shipowner liability established by the above sections apply only in cases of wilful misconduct containing the two elements referred to above.

Articles 4(3) and 5(3). Limitation of shipowner liability – sickness insurance. The Committee notes that, under section 139 of the Shipping Code, sick or injured seafarers are covered by the general scheme for occupational accidents and diseases from the time of disembarkation. It notes that if seafarers are left ashore outside national territory, they retain the right vis-à-vis the vessel to medical care and wages until the time of repatriation. The Committee recalls that Articles 4(3) and 5(3) of the Convention state that if there is in force in the territory in which the vessel is registered a scheme applying to seafarers of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical and cash benefits under the insurance or compensation scheme. It notes that such sharing of liability between the shipowner and the compensation scheme has been established in national law in respect of cases of occupational accident or disease. Nevertheless, the Committee notes that the Shipping Code does not contain any provisions relating to expenses of sick or injured seafarers being covered by the general sickness insurance scheme. However, it is the Committee’s understanding that such a scheme currently exists in Djibouti. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. The Committee therefore requests the Government to provide further information on health care and cash subsistence payments to which sick or injured seafarers are entitled from the time of disembarkation or, if applicable, from the time of repatriation.

Article 8. Measures for safeguarding property left on board by sick, injured or deceased seafarers. With reference to its previous comments, the Committee again requests the Government to include provisions in national law requiring shipowners or their representatives to take measures for safeguarding property left on board by sick, injured or deceased seafarers, and to keep the Office informed of any developments. It recalls that Standard A4.2, paragraph 7, of the MLC, 2006, imposes an identical obligation on the shipowner and also provides that measures must be taken for returning property to the seafarers concerned or to their next of kin.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including statistics for the next reporting period relating to: (1) the total number of seafarers serving on vessels covered by the Convention; (2) the number of seafarers who have been assisted pursuant to the provisions of the Convention, distinguishing if possible between persons left ashore in the territory of Djibouti and those left ashore elsewhere, and also between occupational accidents and diseases, on the one hand, and other accidents and diseases, on the other; and (3) the total expenditure incurred by shipowners in respect of their liability.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which establishes an up-to-date and comprehensive legislative framework for regulating seafarers’ living and working conditions, promotes the creation of a level playing field for shipowners, and reproduces, in Regulation 4.2, Standard A4.2 and Guideline B4.2, the principal rules laid down by Convention No. 55. The Committee requests the Government to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Compulsory sickness insurance scheme for seafarers. The Committee notes the Government’s indication in a previous report that, in view of the low number of seafarers registered in the country, the latter were still covered by the general sickness insurance scheme for workers and that a specific sickness insurance scheme for seafarers would be established in due course when there were sufficient numbers of seafarers in the country. The Committee wishes to emphasize that implementation of the Convention does not require the establishment of a sickness insurance scheme specifically for seafarers and that the latter can be affiliated to the general sickness insurance scheme, on condition that the benefits provided thereunder meet the requirements of the Convention. It notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of daily allowances and medical benefits. With reference to its observation of 2008 concerning the application of the Sickness Insurance (Industry) Convention, 1927 (No. 24), by Djibouti, the Committee requests the Government to supply information on the sickness insurance scheme currently in force in the country, particularly the benefits to which insured persons are entitled, possible means of appeal for the insured person in the event of any dispute regarding entitlement to benefits, and the financing of the sickness insurance scheme.

Article 5. Maternity benefit. The Committee requests the Government to supply information on the legal provisions in force regarding maternity protection and, in particular, on the amount and duration of maternity benefit and the persons entitled to such benefit.

Part IV of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics for the next reporting period relating to the following points: the total number of seafarers covered by the Convention who are affiliated to the CNSS; the total cost of cash benefits granted to seafarers in the event of incapacity for work and the average amount per insured person; the total cost of death benefit; the total cost of benefits in kind and the average cost of benefits in kind per insured person; the total amount of financial resources of sickness insurance schemes and respective contributions of employers and insured persons to such resources.

Finally, the Committee takes this opportunity to recall that Convention No. 56, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006), which, in Regulation 4.5, Standard A4.5 and Guideline B4.5, sets out the principles and rules for progressively achieving a comprehensive social security protection for seafarers. The Committee requests the Government to keep the Office informed of any further developments with respect to the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics, if available, indicating the total number of seafarers affiliated to the CNSS pension scheme and any difficulties encountered in the application of the Convention.

Finally, the Committee draws the Government’s attention to the fact that Convention No. 71 is one of the few ILO Conventions concerning maritime labour which has not been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It therefore remains fully relevant with respect to seafarers’ pensions. Moreover, Regulation 4.5, Standard A4.5 and Guideline B4.5 of the MLC, 2006, are aimed at the adoption of measures by member States to progressively achieve comprehensive social security protection for seafarers. The Committee therefore hopes that the Government will consider ratifying the MLC, 2006, in order to progressively extend the social protection enjoyed by seafarers to all branches of social security listed therein.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(1) of the Convention. Entitlement to repatriation. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. Repatriation expenses. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. Supervision by the public authority. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4. Medical care. Under section 140 of the Shipping Code, a seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5. Cash benefits. Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations, from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. Property left on board. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee is once again bound, as it has done for a number of years, to draw the Government’s attention to the need to establish in the country a compulsory sickness insurance scheme applicable to seafarers employed on board vessels, other than ships of war, carrying out maritime navigation or sea-fishing, in accordance with the provisions of the Convention. The special compulsory sickness insurance scheme for seafarers, which must be established pursuant to the Maritime Affairs Code of 1982, has never been established owing to the low number of seafarers in Djibouti; as to the general social protection scheme established by Act No. 135/AN/3ème of 1997 establishing the social protection body, it does not comprise a compulsory sickness insurance branch. In these circumstances, the Committee once again expresses the hope that the Government will be able, in its next report, to inform it of the adoption of measures constituting real progress concerning the establishment of a sickness insurance system applicable to seafarers that will guarantee them protection in conformity with that envisaged by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, as the number of seafarers in Djibouti is very small, they are subject to the general retirement scheme for salaried employees and that the special pension insurance scheme for seafarers envisaged in section 142 of the Code of Maritime Affairs has not accordingly been established. The Committee would be grateful if the Government would indicate in its next report whether, as the Committee understands, the pensions scheme for salaried employees is governed by Act No. 154/AN/02/4ème of 31 January 2002 codifying the operation of the Social Protection Organization (OPS) and the general retirement scheme for salaried employees. This legislation guarantees, in accordance with the Convention, the right for salaried employees who have reached the age of 55 years to benefit from a pension at the rate of 2 per cent or 1.5 per cent (depending on the year of retirement) for all insurance annuities applied to the average wage for the past ten years subject to a ceiling.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation are borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the information provided by the Government in its last report is identical to that transmitted in 2000 and that the measures necessary to give effect to Articles 4, 5 and 8 of the Convention have not, consequently, been taken. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4. Medical care. Under section 140 of the Shipping Code, a seafarer disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation; in general, after disembarkation, the sick or injured seafarer is subject to the general scheme covering occupational accidents and victims of occupational diseases (section 139). However, Act No. 135/AN/3ème of 1997 establishing the social protection body, although establishing an occupational accident insurance branch, does not comprise a compulsory sickness insurance branch. In this regard, the Convention provides that, when no compulsory sickness insurance scheme exists, the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5. Cash benefits. Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation; here again, after disembarkation, the sick or injured seafarer is subject to the general regime covering occupational accidents and victims of occupational diseases (section 139). The above Act of 1997 establishing the social protection body provides, in this regard, for the granting of cash benefits to the victims of occupational accidents, but not to persons suffering from diseases. The Government’s attention is brought to the fact that this provision of the Convention provides that, when no compulsory sickness insurance scheme exists, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations, from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. Although the Government has, for a number of years, stated its intention to introduce into the national law a provision giving effect to Article 8 of the Convention, it has still not been adopted. The Committee recalls that, pursuant to this provision, the national law shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased seafarers.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the report provided by the Government contains no new information beyond that provided in 2000. In these circumstances, it is therefore once again bound, as it has done for a number of years, to draw the Government’s attention to the need to establish in the country a compulsory sickness insurance scheme applicable to seafarers employed on board vessels, other than ships of war, carrying out maritime navigation or sea-fishing, in accordance with the provisions of the Convention. The special compulsory sickness insurance scheme for seafarers, which must be established pursuant to the Maritime Affairs Code of 1982, has never been established owing to the low number of seafarers in Djibouti; as to the general social protection scheme established by Act No. 135/AN/3ème of 1997 establishing the social protection body, it does not comprise a compulsory sickness insurance branch. In these circumstances, the Committee once again expresses the hope that the Government will be able, in its next report, to inform it of the adoption of measures constituting real progress concerning the establishment of a sickness insurance system applicable to seafarers that will guarantee them protection in conformity with that envisaged by the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in reply to its previous comments. It notes that, as the number of seafarers in Djibouti is very small, they are subject to the general retirement scheme for salaried employees and that the special pension insurance scheme for seafarers envisaged in section 142 of the Code of Maritime Affairs has not accordingly been established. The Committee would be grateful if the Government would indicate in its next report whether, as the Committee understands, the pensions scheme for salaried employees is governed by Act No. 154/AN/02/4ème of 31 January 2002 codifying the operation of the Social Protection Organization (OPS) and the general retirement scheme for salaried employees. This legislation guarantees, in accordance with the Convention, the right for salaried employees who have reached the age of 55 years to benefit from a pension at the rate of 2 per cent or 1.5 per cent (depending on the year of retirement) for all insurance annuities applied to the average wage for the past ten years subject to a ceiling.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report. It asks the Government to keep it informed of any future developments with respect to the number of seagoing vessels coming within the scope of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation is borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes from the information supplied by the Government in its last report that the legislative measures necessary to give effect to the provisions of Articles 4, 5 and 8 of the Convention have not been taken. It also notes that the regulations to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4 (medical care). Under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5 (cash benefits). Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. In reply to the Committee’s previous comment that the national legislation on shipping contains no provision to give effect to this Article of the Convention, the Government states that it plans to take account of the provisions of this Article in the context of the revision of labour laws and regulations that it hopes to undertake with ILO assistance. The Committee takes note of this information and asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code undergoing preparation since 1990, on the training of cooks, mechanics and specialized workers, has been suspended due to the absence of a fleet, infrastructure and relevant employment offers. The Committee requests the Government to supply in future reports information on any modification in law or practice on this subject.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In reply to the Committee’s previous comments, the Government states in its last report that the texts to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted, so there is still no sickness insurance scheme for seafarers. The Government adds that it undertakes to provide information on any measures envisaged to bring the national legislation into line with the provisions of the Convention. The Committee takes note of this information and of the information sent subsequently by the Government indicating that very few seafarers are registered in Djibouti and that they are subject to the general sickness insurance scheme. In this connection, the Committee notes from the information sent by the Government on the application of Convention No. 24, that the Social Protection Body (OPS) has no sickness insurance branch able to provide the protection for seafarers laid down in the Convention. In these circumstances, the Committee again expresses the hope that the Government will be able to provide information in its next report on the adoption of measures denoting real progress in the establishment of a sickness insurance scheme for seafarers which will ensure that they enjoy protection in accordance with that established in the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that according to the information supplied by the Government in its latest report no measures have been taken for the purpose of establishing a pension scheme for seafarers, as provided for by section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Government indicates in this regard that such a scheme will be established in due course when there is a sufficient number of seafarers in the country. In these circumstances, the Committee once again expresses the hope that the Government will be able to indicate in its next report the adoption of measures constituting tangible progress in the establishment of a pension scheme for seafarers in accordance with the provisions of the Convention. Meanwhile, it requests the Government to indicate in what manner the protection provided by the Convention is guaranteed for seafarers employed on board vessels registered in Djibouti.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code undergoing preparation since 1990, on the training of cooks, mechanics and specialized workers, has been suspended due to the absence of a fleet, infrastructure and relevant employment offers. The Committee requests the Government to supply in future reports information on any modification in law or practice on this subject.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code undergoing preparation since 1990, on the training of cooks, mechanics and specialized workers, has been suspended due to the absence of a fleet, infrastructure and relevant employment offers. The Committee requests the Government to supply in future reports information on any modification in law or practice on this subject.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. It asks the Government to keep it informed of any future developments with respect to the number of seagoing vessels coming within the scope of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 3, paragraph 1, of the Convention. The Committee notes that, under the terms of section 121 of the Code of Maritime Affairs, seafarers who are landed at the end of their engagement outside Djibouti shall be repatriated at the cost of the vessel. The Government is requested to indicate whether the national legislation also provides, in accordance with the requirements of the Convention, for the repatriation of seafarers during the term of their engagements and, where appropriate, to indicate the measures that it intends to take to comply fully with the Convention on this point.

Article 4. The Committee notes that section 123 of the above Code provides that, in general terms, the expenses of repatriation is borne by the shipowner. However, this section adds that these expenses shall be reimbursed to the shipowner by the seafarer when the latter is injured or has fallen sick. The Committee recalls that, under the terms of the Convention, the expenses of repatriation shall not be a charge on the seafarer if he has been left behind by reason of, among other factors, injury sustained in the service of the vessel or illness not due to his own wilful act or default. The Committee hopes that the Government will be in a position to amend the national legislation in the near future in order to bring it into conformity with the provisions of the Convention.

Article 6. The Committee notes that, in accordance with section 4 of the Code of Maritime Affairs, consuls of Djibouti are empowered, outside the national territory, to administer vessels and seafarers calling at port. Please indicate whether these authorities have received instructions to provide national or foreign seafarers with their repatriation expenses in advance where necessary.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code undergoing preparation since 1990, on the training of cooks, mechanics and specialized workers, has been suspended due to the absence of a fleet, infrastructure and relevant employment offers. The Committee requests the Government to supply in future reports information on any modification in law or practice on this subject.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous comments, the Committee notes from the information supplied by the Government in its last report that the legislative measures necessary to give effect to the provisions of Articles 4, 5 and 8 of the Convention have not been taken. It also notes that the regulations to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted. In these circumstances, the Committee again expresses the hope that the Government will be able to inform it in its next report of the adoption of measures enabling the above Articles of the Convention to be applied. It recalls in this connection the areas in which such measures should be taken.

Article 4 (medical care).  Under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared to be of a permanent character, whatever the port of disembarkation (on the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or commencement of the sickness).

Article 5 (cash benefits).  Also under section 140 of the Shipping Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay the wages in whole or in part as prescribed by national laws or regulations from the time when he has been disembarked until he has been cured of the sickness or the incapacity has been declared to be of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8.  In reply to the Committee’s previous comment that the national legislation on shipping contains no provision to give effect to this Article of the Convention, the Government states that it plans to take account of the provisions of this Article in the context of the revision of labour laws and regulations that it hopes to undertake with ILO assistance. The Committee takes note of this information and asks the Government to report on any progress made in this respect.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In reply to the Committee’s previous comments, the Government states in its last report that the texts to implement Act No. 212/AN/82 issuing the Shipping Code have not been adopted, so there is still no sickness insurance scheme for seafarers. The Government adds that it undertakes to provide information on any measures envisaged to bring the national legislation into line with the provisions of the Convention. The Committee takes note of this information and of the information sent subsequently by the Government indicating that very few seafarers are registered in Djibouti and that they are subject to the general sickness insurance scheme. In this connection, the Committee notes from the information sent by the Government on the application of Convention No. 24, that the Social Protection Body (OPS) has no sickness insurance branch able to provide the protection for seafarers laid down in the Convention. In these circumstances, the Committee again expresses the hope that the Government will be able to provide information in its next report on the adoption of measures denoting real progress in the establishment of a sickness insurance scheme for seafarers which will ensure that they enjoy protection in accordance with that established in the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that according to the information supplied by the Government in its latest report no measures have been taken for the purpose of establishing a pension scheme for seafarers, as provided for by section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Government indicates in this regard that such a scheme will be established in due course when there is a sufficient number of seafarers in the country. In these circumstances, the Committee once again expresses the hope that the Government will be able to indicate in its next report the adoption of measures constituting tangible progress in the establishment of a pension scheme for seafarers in accordance with the provisions of the Convention. Meanwhile, it requests the Government to indicate in what manner the protection provided by the Convention is guaranteed for seafarers employed on board vessels registered in Djibouti.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It recalls that the last report contained no reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (Medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (Cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its previous comments the Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code (which lays the basis for the issuance of regulatory texts concerning professional requirements and certificates generally) are still under study. It hopes that measures will be taken on this matter and that the Government will be in a position to supply information on any new development in this respect in the very near future. The Committee further requests the Government to provide up-to-date information on the number and tonnage of sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade, flying the Djibouti flag (Article 1, paragraph 1, of the Convention).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It recalls that the last report contained no reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (Medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (Cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Further to its previous comments the Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code (which lays the basis for the issuance of regulatory texts concerning professional requirements and certificates generally) are still under study. It hopes that measures will be taken on this matter and that the Government will be in a position to supply information on any new development in this respect in the very near future. The Committee further requests the Government to provide up-to-date information on the number and tonnage of sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade, flying the Djibouti flag (Article 1, paragraph 1, of the Convention)

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's replies to its previous comments.

Article 5, paragraphs 1 and 2, of the Convention. The Committee notes the Government's earlier reply to its previous comments that in practice the expenses of repatriation include the maintenance of the seafarer up to the time of departure and that a seafarer repatriated as a member of a crew is entitled to remuneration for the work done during the voyage. The Committee refers to Article 3, paragraph 1, which requires that the right to repatriation including the question of who shall bear the charge of repatriation shall be determined by national law. The Committee hopes that the law will provide for these aspects of repatriation and thus bring the legislation in line with the practice.

Article 6. The Committee notes the Government's reply to its previous comments that there are currently no instructions issued to diplomatic representatives and consular authorities with regard to the role that they are to play in the repatriation of seafarers. The Committee recalls that the Government had indicated in its earlier reports that such instructions were planned to be issued. It hopes these instructions will be issued soon and a copy transmitted to the Office, thus giving full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (Medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (Cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report does not reply to the points raised. It must therefore repeat its previous direct request, which read as follows:

Further to its previous comments the Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code (which lays the basis for the issuance of regulatory texts concerning professional requirements and certificates generally) are still under study. It hopes that measures will be taken on this matter and that the Government will be in a position to supply information on any new development in this respect in the very near future. The Committee further requests the Government to provide up-to-date information on the number and tonnage of sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade, flying the Djibouti flag (Article 1, paragraph 1, of the Convention).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the third time the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its previous comments the Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code (which lays the basis for the issuance of regulatory texts concerning professional requirements and certificates generally) are still under study. It hopes that measures will be taken on this matter and that the Government will be in a position to supply information on any new development in this respect in the very near future. The Committee further requests the Government to provide up-to-date information on the number and tonnage of sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade, flying the Djibouti flag (Article 1, paragraph 1, of the Convention).

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the third time, the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report to the effect that there are no shipowners in Djibouti. In view of the comments it has been making for several years on the application of Articles 5, paragraph 2; 6, paragraph 3(1) to (4), (7), (8) and (11); 9 and 11 to 14, of the Convention, the Committee would be grateful if the Government would indicate the number of ships registered in Djibouti to which the Convention applies.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's report that no progress has been made in implementing the Convention and that there is still no sickness insurance scheme for seafarers, as provided for in the Convention and Act No. 212/AN/82 issuing the Shipping Code. The Committee notes, however, the Government's statement that it will do its utmost to adopt legislation to implement the above Act. It hopes that the Government's next report will contain information on any progress made in establishing a sickness insurance scheme for seafarers.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's last report that no progress has been made in applying the Convention and that there is still no pension scheme for seafarers, as provided for by the Convention and section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Committee notes, however, the Government's statement in its report on the application of Convention No. 56, that it will do its utmost to adopt legislation to implement the above Act. It hopes that the Government's next report will contain information on any progress made in establishing a pension scheme for seafarers.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the second time the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee hopes that the Government will, without fail, take the necessary steps and supply detailed information on the progress made in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct requests, the Committee notes with interest the information provided by the Government concerning Article 5, paragraph 2 (the agreement may not contain any statement as to the seamen's wages) and Article 6, paragraph 3(1) to (4), (7), (8) and (11), of the Convention (particulars to be mentioned in the agreement). It notes, however, that the Government's report contains no reply to its previous comments concerning Article 9, paragraph 2, and Articles 13 and 14 (certain conditions relating to the termination or rescission of the agreement).

The Committee also notes that, at present, a number of difficulties are being encountered in incorporating into the national maritime legislation Article 9, paragraphs 1 and 3, concerning the period of notice for the termination of the agreement, and in particular that outside the country a seafarer may not obtain his discharge without the permission of the Maritime Authority. It notes too that, as yet, there is no national law determining the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect, in accordance with Articles 11 and 12 of the Convention.

The Committee hopes that the Government will take the necessary steps to give effect to all the above-mentioned provisions of the Convention and will provide all the requisite information.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes with interest the information provided by the Government concerning Article 5, paragraph 2 (the agreement may not contain any statement as to the seamen's wages) and Article 6, paragraph 3(1) to (4), (7), (8) and (11), of the Convention (particulars to be mentioned in the agreement). It notes, however, that the Government's report contains no reply to its previous comments concerning Article 9, paragraph 2, and Articles 13 and 14 (certain conditions relating to the termination or rescission of the agreement).

The Committee also notes that, at present, a number of difficulties are being encountered in incorporating into the national maritime legislation Article 9, paragraphs 1 and 3, concerning the period of notice for the termination of the agreement, and in particular that outside the country a seafarer may not obtain his discharge without the permission of the Maritime Authority. It notes too that, as yet, there is no national law determining the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect, in accordance with Articles 11 and 12 of the Convention.

The Committee hopes that the Government will take the necessary steps to give effect to all the above-mentioned provisions of the Convention and will provide all the requisite information.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments the Committee notes that the draft texts to apply sections 84, 134 and 135 of the Merchant Shipping Code (which lays the basis for the issuance of regulatory texts concerning professional requirements and certificates generally) are still under study. It hopes that measures will be taken on this matter and that the Government will be in a position to supply information on any new development in this respect in the very near future. The Committee further requests the Government to provide up-to-date information on the number and tonnage of sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade, flying the Djibouti flag (Article 1, paragraph 1, of the Convention).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's report, that the regulations to implement the Maritime Affairs Code are still in the process of being examined and that, consequently, the Convention is not yet strictly applied. It trusts that the Government will shortly be in a position to inform the Committee that the above regulations have been adopted and to provide a copy of them with its next report.

Article 6 of the Convention. Recalling its previous comments, the Committee hopes that the Government will not fail to transmit a copy of the instructions which it planned to issue to diplomatic representatives and consular authorities with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving them the expenses necessary for repatriation in advance.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes, from the Government's report, that no progress has been achieved in the implementation of the Convention and that the regulations to be issued under Act No. 212/AN/82 have not yet been adopted. It is therefore bound to renew its previous comments, which concerned the following points:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation (under the understanding that the liability of the shipowner may be limited to a period of 16 weeks from the day of the injury or the commencement of the sickness).

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he has landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. No provision giving effect to this Article is contained in the national maritime legislation.

The Committee notes that the Government will take its comments into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and requests the Government to supply information in its next report on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's report that no progress has been made in the implementation of the Convention. It recalls that as yet no sickness insurance scheme exists for seafarers as required by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee therefore trusts that the Government will do its utmost to adopt the texts to implement the above Act with regard to sickness insurance for seafarers. It asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the information supplied by the Government that no progress has been made in implementing the Convention. It recalls that to date no pensions scheme exists for seafarers, as required by the Convention and by section 142 of Act No. 212/AN/82 to issue the Maritime Code. The Committee therefore trusts that the Government will do everything within its power, in accordance with its assurances, to adopt the texts to implement the above Act with regard to pension insurance for seafarers. It asks the Government to indicate any progress made in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes from the Government's report that its comments will be taken into account in the preparation of the texts that will be issued to apply the Maritime Code. The Committee recalls that these comments concerned, in the first place, the need to give effect to Article 5, paragraph 2 (regarding the prohibition of the statement concerning wages), Article 6, paragraph 3, subparagraphs 1-4, 7, 8 and 11, Article 9, paragraph 2, and Articles 13 and 14 of the Convention and also the following points:

Article 9, paragraphs 1 and 3. Under section 127, subsection 3, of the Maritime Code, the seaman is prohibited from disembarking abroad without the authorisation of the maritime authority. Under these provisions of the Convention, the seaman may, provided that the specified notice has been given, terminate an agreement for an indefinite period in any port where the vessel loads or unloads (paragraph 1), unless there are exceptional circumstances, which must be determined by national law (paragraph 3). The Committee expresses once again the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Articles 11 and 12. Please indicate the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes with interest the adoption of Order No. 85-0040/PR/PM of 8 January 1985 which, in accordance with Article 2(d) of the Convention, establishes the geographical limits of "home trade". The Committee also notes the Government's reply concerning the effect given to Article 5, paragraphs 1 and 2.

Article 6. The Committee notes that diplomatic representatives and consular authorities will receive instructions in due time with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving the expenses necessary for repatriation in advance. The Committee would be grateful if the Government would transmit a copy of these instructions.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation.

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.

2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

The Committee recalls that to this day in the Republic of Djibouti there is no sickness insurance, as provided for by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee hopes that the Government will soon be able to set up the regulations which are necessary under the Act to establish a sickness insurance scheme for seafarers. It asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It recalls that, according to the information supplied by the Government in its last report, no progress had been made in the application of the Convention. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that by virtue of section 142 of Act No. 212/AN/82 to issue the Maritime Code, seafarers come under a special scheme for retirement benefit that is yet to be set up. It also notes that in the drafting of the regulations to be issued under the new Code the responsible services will take account of the Convention. The Committee hopes that the necessary measures in this connection will be taken in the near future and asks the Government to report any progress realised.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its previous direct request, the Committee notes from the Government's report that its comments will be taken into account in the preparation of the texts that will be issued to apply the Maritime Code. The Committee recalls that these comments concerned, in the first place, the need to give effect to Article 5, paragraph 2 (regarding the prohibition of the statement concerning wages), Article 6, paragraph 3, subparagraphs 1-4, 7, 8 and 11, Article 9, paragraph 2, and Articles 13 and 14 of the Convention and also the following points:

Article 9, paragraphs 1 and 3. Under section 127, subsection 3, of the Maritime Code, the seaman is prohibited from disembarking abroad without the authorisation of the maritime authority. Under these provisions of the Convention, the seaman may, provided that the specified notice has been given, terminate an agreement for an indefinite period in any port where the vessel loads or unloads (paragraph 1), unless there are exceptional circumstances, which must be determined by national law (paragraph 3). The Committee expresses once again the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Articles 11 and 12. Please indicate the circumstances in which the dismissal of a seaman or his demand for discharge can have immediate effect.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its previous direct request, the Committee notes with interest the adoption of Order No. 85-0040/PR/PM of 8 January 1985 which, in accordance with Article 2(d) of the Convention, establishes the geographical limits of "home trade". The Committee also notes the Government's reply concerning the effect given to Article 5, paragraphs 1 and 2.

Article 6. The Committee notes that diplomatic representatives and consular authorities will receive instructions in due time with regard to the role that they are to play in the repatriation of seafarers, particularly with regard to giving the expenses necessary for repatriation in advance. The Committee would be grateful if the Government would transmit a copy of these instructions.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

1. The Committee notes from the Government's report that the regulations to be issued under Act. No. 212/AN/82 have not yet been issued. It once more wishes to draw the Government's attention to the following points which were already brought forward in its former direct request:

Article 4 of the Convention (medical care). Under section 140 of the Maritime Code, a seaman disembarked away from Djibouti maintains his rights against the vessel to medical care only until the day of his repatriation, whereas under this provision of the Convention the liability of the shipowner is maintained until the sick or injured person has been cured or until the incapacity has been declared of a permanent character, whatever the port of disembarkation.

Article 5 (cash benefits). Under the same section 140 of the Code, a seaman disembarked away from Djibouti retains his rights against the vessel to his wages only up to the day of his repatriation, whereas under this provision of the Convention, the shipowner must, if the sick or injured person has dependants, pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character (though the possibility exists of limiting this payment to 16 weeks from the day of the injury or the commencement of the sickness).

Article 8. The Committee notes from the Government's report that the maritime national legislation contains no provision to give effect to this Article of the Convention.

2. The Committee notes the statement of the Government according to which the Committee's comments will be taken into account in the elaboration of the maritime legislation. It hopes that this will be accomplished in the near future and asks the Government to communicate with its next report any progress made on these matters.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's report that to this day in the Republic of Djibouti there is no sickness insurance, as provided for by the Convention and by Act No. 212/AN/82 to issue the Maritime Code. The Committee hopes that the Government will soon be able to set up the regulations which are necessary under the Act to establish a sickness insurance scheme for seafarers. It asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's report that no progress has been made in the application of the Convention. It therefore has to repeat its previous comment, which read as follows:

The Committee notes that by virtue of section 142 of Act No. 212/AN/82 to issue the Maritime Code, seafarers come under a special scheme for retirement benefit that is yet to be set up. It also notes that in the drafting of the regulations to be issued under the new Code the responsible services will take account of the Convention. The Committee hopes that the necessary measures in this connection will be taken in the near future and asks the Government to report any progress realised.