Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

Aruba

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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

Implementation of the Conventions. In order to provide a comprehensive view of the issues relating to the application of ratified maritime Conventions, the Committee considers it appropriate to examine them in a single comment. In its previous comments, the Committee noted the Government’s statement that there were neither seafarers nor ships registered in the territory, and that the Government intended to terminate the acceptance of the obligations of a number of ratified maritime Conventions after consultation with employers’ and workers’ organizations. The Committee notes that the Government indicates in its reports that there are no developments concerning the possible termination of the acceptance of the obligations of these Conventions.

The Committee wishes to draw the Government’s attention to the data collected by the United Nations Conference on Trade and Development (UNCTAD) in its 2014 Review on Maritime Transport, which indicated that Aruba’s container ship fleet consists of seven ships. The Committee accordingly requests the Government to clarify the current situation concerning the number of seafarers and ships registered in Aruba.

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

Implementation of the Conventions. In order to provide a comprehensive view of the issues relating to the application of ratified maritime Conventions, the Committee considers it appropriate to examine them in a single comment. In its previous comments, the Committee noted the Government’s statement that there were neither seafarers nor ships registered in the territory, and that the Government intended to terminate the acceptance of the obligations of a number of ratified maritime Conventions after consultation with employers’ and workers’ organizations. The Committee notes that the Government indicates in its reports that there are no developments concerning the possible termination of the acceptance of the obligations of these Conventions.

The Committee wishes to draw the Government’s attention to the data collected by the United Nations Conference on Trade and Development (UNCTAD) in its 2014 Review on Maritime Transport, which indicated that Aruba’s container ship fleet consists of seven ships. The Committee accordingly requests the Government to clarify the current situation concerning the number of seafarers and ships registered in Aruba.

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

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. In its previous report, the Government had indicated that there were neither seafarers nor ships registered in Aruba and that for that reason it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating acceptance of the obligations of the Convention on behalf of Aruba. In its last report, the Government indicated that there have been no changes with respect to maritime shipping and that no progress has been made regarding the intention to denounce the Convention. The Committee requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 2 of the Convention. Placing of seafarers. In its previous report, the Government had indicated that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba as the practice of finding employment for seafarers did not occur in Aruba. In its last report, the Government provides no new information regarding its announced intention to terminate the acceptance of the obligations of the Convention on behalf of Aruba. The Committee accordingly requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the possible termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 3 of the Convention. Seafarers’ articles of agreement. In its previous report, the Government had indicated that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba. In its last report, the Government provides no new information regarding its announced intention to terminate the acceptance of the obligations of the Convention on behalf of Aruba. The Committee accordingly requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the possible termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 3 of the Convention. Repatriation of seafarers. In its previous report, the Government had indicated that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba as there were no legislative provisions giving effect to its requirements. In its last report, the Government provides no new information regarding its announced intention to terminate the acceptance of the obligations of the Convention on behalf of Aruba. The Committee accordingly requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the possible termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 3 of the Convention. Certification of ships’ cooks. In its previous report, the Government had indicated that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba as there was no legislation, administrative regulations or other measures giving effect to its provisions. In its last report, the Government provides no new information regarding its announced intention to terminate the acceptance of the obligations of the Convention on behalf of Aruba. The Committee accordingly requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the possible termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 2 of the Convention. Certification of able seafarers. In its previous report, the Government had indicated that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba as there were no legal provisions prescribing the minimum age, minimum sea service and examination of proficiency required for the granting of certification of qualification to able seafarers. In its last report, the Government indicates that in the period 2006–10, nine certificates of qualification were granted to seafarers and that since 2010, the responsible authorities are the Department of Labour and the Navigation Department. The Committee requests the Government to clarify whether the announced intention to terminate the acceptance of the obligations of the Convention on behalf of Aruba is still under consideration, and if not, to indicate how the certification of able seafarers is regulated in law and conducted in practice.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). Indeed, such new requirements for certification of ratings as able seafarers deck were introduced under the Manila amendments to the STCW and the Code, which were adopted in June 2010 and which are due to enter into force on 1 January 2012.

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

Article 2 of the Convention. National policy to promote continuity of employment for seafarers. In its previous report, the Government had indicated that there were neither seafarers nor ships registered in Aruba and that for that reason it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of the Convention on behalf of Aruba. In its last report, the Government indicates that there have been no changes with respect to maritime shipping and that no progress has been made regarding the intention to denounce the Convention. The Committee requests the Government to keep the Office informed of any new developments that might have an impact on the application of the Convention and also on the outcome of the discussions within the tripartite committee on international labour affairs concerning the termination of the acceptance of the obligations of the Convention on behalf of Aruba.

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

Article 3 of the Convention. Annual leave with pay. The Committee has been noting the Government’s statements in previous reports to the effect that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other measures because there are no seafarers within the meaning of the Convention in Aruba. The Committee has also been noting the Government’s indications in earlier reports concerning the application of other maritime Conventions that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of these Conventions on behalf of Aruba. In its last report, the Government merely indicates that there have been no modifications in law or in practice regarding the Convention. The Committee therefore requests the Government to re-examine its obligations arising out of this Convention in the light of current conditions in the shipping sector and to consider possible action, as appropriate, in relation to those instruments which may be found to be without object or to have ceased to apply in Aruba.

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

Article 2 of the Convention. Minimum standards. The Committee has been noting the Government’s statements in previous reports to the effect that there are no merchant ships registered in Aruba nor are there any persons engaged in the profession of seafarer. The Committee has also been noting the Government’s indications in earlier reports concerning the application of other maritime Conventions that it planned to consult with employers’ and workers’ organizations on the possibility of formally terminating the acceptance of the obligations of these Conventions on behalf of Aruba. In its last report, the Government merely indicates that there have been no modifications in law or in practice regarding the Convention. The Committee therefore requests the Government to re-examine its obligations arising out of this Convention in the light of current conditions in the shipping sector and to consider possible action, as appropriate, in relation to those instruments which may be found to be without object or to have ceased to apply in Aruba.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

In reply to the Committee’s comments made since 1995, the Government indicated that no shipowner has had recourse to the notion of “serious misconduct” and that this term has therefore not been subject to any interpretation by a court. Moreover, the Government states that the profession of seafarer does not exist in Aruba and that no vessel is engaged in maritime navigation. The Government intends to denounce the declaration accepting the obligations of this Convention for Aruba. The Government indicated that it would make efforts to consult the employers’ and workers’ organizations on the question of denunciation. The Committee requests the Government to keep it informed of any changes regarding the number of vessels and seafarers registered as well as of the outcome of the tripartite consultations concerning denunciation.

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

In reply to the Committee’s comments made since 1995, the Government indicated that it envisaged denouncing the acceptance of the obligations of the Convention on behalf of Aruba. The applicable laws are those inherited from the Netherlands, which had been considered applicable to Aruba since 1986. However, it was not possible to give effect to these laws, as the profession of seafarer does not exist in Aruba. The Government indicated that it would make efforts to consult the employers’ and workers’ organizations on the question of denunciation.

The Committee refers to its previous observation, in which it expressed the hope that the authorities would ensure compliance with the provisions of Conventions that are in force and that consultations would be held relating to the denunciation of the acceptance of the obligations of Convention No. 145 on behalf of Aruba. The Committee notes that, by a Decree of 12 August 2003, a tripartite committee for international labour affairs has been established. It requests the Government to be kept informed of the outcome of the tripartite consultations concerning denunciation and of any new developments regarding the application of the Convention.

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

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 the Government’s report. Recalling previous statements of the Government that there were no seamen within the meaning of this Convention in Aruba, the Committee hopes that the Government will provide in its future reports information on any modification in law or in practice.

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

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:

Recalling previous statements of the Government that in Aruba there were no seagoing ships engaged in the transport of cargo or passengers for the purpose of trade, the Committee hopes that the Government will provide in its future reports information on any changes in law or in practice.

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

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 under section 552, subsection 1, of the Code of Commerce, in the event of loss or foundering of the vessel, the owner shall pay all members of the crew, for the period of unemployment resulting from such loss or foundering, an indemnity corresponding to the rate of wages payable under the contract, which may be limited to two months’ wages. However, the Committee notes that under subsection 4 of the same section, the shipowner who considers that one or more members of the crew have been guilty of serious misconduct in relation to the shipwreck may apply to the court of the first instance to request suspension of the obligation imposed on him by subsection 1 of section 552, in respect of those members of crew, during a period to be determined by the judge and which may be extended until the cause of the damage has been established. In addition, as a result of that verdict, the court may release the owner from his obligation definitively. In this connection, the Committee requests the Government to indicate whether shipowners have had in any cases recourse to the notion of “serious misconduct” and, if so, to specify the interpretation given by the courts to this notion of “serious misconduct” and to supply particulars of instances where this notion has been used for suspending the obligation of the shipowner under section 552, subsection 1.

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

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

1. In reply to the comments made since December 1995, the Government of Aruba indicates in the report received in January 2003 that it envisages denouncing the acceptance of the obligations of the Convention on behalf of Aruba. The authorities of Aruba explain in the report that the applicable laws are those inherited from the Netherlands which have been considered applicable to Aruba since 1986. However, it is not possible to give effect to these laws as the profession of seafarer does not exist in Aruba. The authorities of Aruba indicate that they will make efforts to consult the employers’ and workers’ organizations on the question of denunciation.

2. The Committee refers to its observation of 2002 on the application in Aruba of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in which it expressed the hope that in future the items listed in Article 5, paragraph 1, of Convention No. 144 would be covered by "effective consultations", in particular in Aruba’s tripartite committee on matters regarding ILO activities. It hopes that the authorities will ensure compliance with the provisions of Conventions that are in force and that they will keep the Committee of Experts and the Office informed of the consultations held and of any new developments relating to the denunciation of the acceptance of the obligations of Convention No. 145 on behalf of Aruba.

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 the Government’s report. Recalling previous statements of the Government that there were no seamen within the meaning of this Convention in Aruba, the Committee hopes that the Government will provide in its future reports information on any modification in law or in practice.

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

The Committee notes the Government’s report. Recalling previous statements of the Government that in Aruba there were no seagoing ships engaged in the transport of cargo or passengers for the purpose of trade, the Committee hopes that the Government will provide in its future reports information on any changes in law or in practice.

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

1. In reply to the comments made since December 1995, the Government of Aruba indicates in the report received in January 2003 that it envisages denouncing the acceptance of the obligations of the Convention on behalf of Aruba. The authorities of Aruba explain in the report that the applicable laws are those inherited from the Netherlands which have been considered applicable to Aruba since 1986. However, it is not possible to give effect to these laws as the profession of seafarer does not exist in Aruba. The authorities of Aruba indicate that they will make efforts to consult the employers’ and workers’ organizations on the question of denunciation.

2. The Committee refers to its observation of 2002 on the application in Aruba of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in which it expressed the hope that in future the items listed in Article 5, paragraph 1, of Convention No. 144 would be covered by "effective consultations", in particular in Aruba’s tripartite committee on matters regarding ILO activities. It hopes that the authorities will ensure compliance with the provisions of Conventions that are in force and that they will keep the Committee of Experts and the Office informed of the consultations held and of any new developments relating to the denunciation of the acceptance of the obligations of Convention No. 145 on behalf of Aruba.

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

The Committee again notes with regret that since 1994 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 comments formulated in December 1995, which read as follows:

The Committee recalls the Government’s statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Part III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government’s first report received in 1991.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under Part III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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

The Committee again notes with regret that since 1994 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 comments formulated in December 1995, which read as follows:

The Committee recalls the Government’s statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Part III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government’s first report received in 1991.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under Part III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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

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 reads as follows:

The Committee notes the Government’s statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds’ Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

The Committee requests the Government to provide information on the following points:

Article 2(a) of the Convention.  (Conventions listed in the Appendix to Convention No. 147, but not declared applicable to Aruba.)

Conventions Nos. 55, 56 and 130.  In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention Nos. 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

Convention No. 134 (Articles 4 and 7).  Recalling that the essential features of Article 2(a) of Convention No. 147in relation to Articles 4 and 7 of Convention No. 134 would be that there exist laws or regulations on the subjects listed in Article 4(3); and that one or more crew members should be appointed as responsible for accident prevention under Article 7, the Committee asks the Government to indicate national laws or regulations dealing with these subjects and providing for such appointment as well as provide copies of the relevant provisions.

Article 2(b).  The Committee asks the Government to describe the measures taken to ensure effective jurisdiction or control in respect of the observance of the laws, regulations and awards or decisions of competent courts dealing with the matters mentioned in this subparagraph.

Article 2(f).  The Committee asks the Government to describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and to provide details of the functioning of these arrangements.

Article 4.  The Committee asks the Government to describe any measures taken in pursuance of this Article and to provide information on the functioning of these measures (such as the number and nature of cases considered and the nature of any action taken).

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

The Committee notes with regret that since 1994 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 comments formulated in December 1995, which read as follows:

The Committee recalls the Government’s statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention.  Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Part III of the report form.  Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government’s first report received in 1991.

Part V of the report form.  Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under Part III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future, and urges the Government to seek the assistance of the Office, if necessary.

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

The Committee notes that under section 552, subsection 1, of the Code of Commerce, in the event of loss or foundering of the vessel, the owner shall pay all members of the crew, for the period of unemployment resulting from such loss or foundering, an indemnity corresponding to the rate of wages payable under the contract, which may be limited to two months' wages. However, the Committee notes that under subsection 4 of the same section, the shipowner who considers that one or more members of the crew have been guilty of serious misconduct in relation to the shipwreck may apply to the court of the first instance to request suspension of the obligation imposed on him by subsection 1 of section 552, in respect of those members of crew, during a period to be determined by the judge and which may be extended until the cause of the damage has been established. In addition, as a result of that verdict, the court may release the owner from his obligation definitively. In this connection, the Committee requests the Government to indicate whether shipowners have had in any cases recourse to the notion of "serious misconduct" and, if so, to specify the interpretation given by the courts to this notion of "serious misconduct" and to supply particulars of instances where this notion has been used for suspending the obligation of the shipowner under section 552, subsection 1.

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:

The Committee notes the Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

The Committee notes with regret that since 1994 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 comments formulated in December 1995, which read as follows:

The Committee recalls the Government's statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Part III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government's first report received in 1991.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under Part III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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

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 Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

The Committee notes with regret that since 1994 a 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 comments formulated in December 1995, which read as follows:

The Committee recalls the Government's statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Point III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government's first report received in 1991.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under point III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

The Committee notes with regret that the Government's report has not been received. It recalls the Government's statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Point III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government's first report received in 1991.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under point III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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 Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

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:

Further to its previous comments, the Committee notes from the Government's report that there is no legislative provision to recognize certificates of qualification as ships' cooks issued in another country, and no legislation, administrative regulations or other actions giving effect to the Convention, as Aruba has no merchant shipping and no seafarers within the meaning of the Convention. It further notes however that the Government will register ships' cooks in accordance with Articles 3 and 6 of the Convention but that it considers a legislative provision in this respect not practicable. Please indicate any future development of merchant shipping in Aruba.

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

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:

Further to its previous comments, the Committee notes from the Government's report that the 1953 Shipping Decree (PB153 No. 105) is no longer in force in the territory, that there are therefore no provisions for the recognition of certificates of qualification issued in other countries in accordance with Article 4 of the Convention and there are no examinations given in accordance with Article 2, paragraph 5. It further notes the statement that hardly any person registers in Aruba but that the Government will register able seamen in accordance with the provisions of the Convention. It considers a legislative provision in this respect to be not practicable.

The Committee hopes the Government will provide available statistics as to the number of certificates granted and an appreciation - including, for example, extracts from inspection reports - of how the Convention is in practice applied to ships registered in the territory (Parts III and V of the report form).

It further hopes the Government will in due course take the necessary measures to replace the 1953 Shipping Decree and ensure the implementation of the other points raised in previous comments relating to Article 2, paragraph 5, and Article 4, and that it will supply information on further developments.

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

The Committee notes that the Government's report has not been received. It recalls the Government's statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Point III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government's first report received in 1991.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under point III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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 Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

The Committee takes note of the Government's reply to its earlier comments. It notes, in particular, the Government's statement to the effect that there are no merchant shipping undertakings in Aruba. It hopes that the Government will not fail to supply a detailed report on the application of the Convention in conformity with the report form, which will include, in particular, information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. Please describe measures taken to encourage all concerned to provide continuous or regular employment for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured.

Point III of the report form. Please indicate the authority or authorities responsible for the application of the laws and regulations mentioned in the Government's first report received in 1991.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Aruba, including for instance extracts from reports of the authority or authorities referred to under point III above and, if available, particulars of the number of seafarers and of variations in their number during the period covered by the report.

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

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 Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

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 the Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

Further to its previous comments, the Committee notes from the Government's report that there is no legislative provision to recognize certificates of qualification as ships' cooks issued in another country, and no legislation, administrative regulations or other actions giving effect to the Convention, as Aruba has no merchant shipping and no seafarers within the meaning of the Convention. It further notes however that the Government will register ships' cooks in accordance with Articles 3 and 6 of the Convention but that it considers a legislative provision in this respect not practicable. Please indicate any future development of merchant shipping in Aruba.

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

Further to its previous comments, the Committee notes from the Government's report that the 1953 Shipping Decree (PB153 No. 105) is no longer in force in the territory, that there are therefore no provisions for the recognition of certificates of qualification issued in other countries in accordance with Article 4 of the Convention and there are no examinations given in accordance with Article 2, paragraph 5. It further notes the statement that hardly any person registers in Aruba but that the Government will register able seamen in accordance with the provisions of the Convention. It considers a legislative provision in this respect to be not practicable.

The Committee hopes the Government will provide available statistics as to the number of certificates granted and an appreciation - including, for example, extracts from inspection reports - of how the Convention is in practice applied to ships registered in the territory (Parts III and V of the report form).

It further hopes the Government will in due course take the necessary measures to replace the 1953 Shipping Decree and ensure the implementation of the other points raised in previous comments relating to Article 2, paragraph 5, and Article 4, and that it will supply information on further developments.

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

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 takes note of a very brief information supplied by the Government in its first report. It would be grateful if the Government would supply, in its next report, information in reply to the questions raised under points II to V of the report form, and more particularly under the following provisions:

Article 2, paragraphs 1 and 2, in relation to Article 7, of the Convention. Please indicate whether continuous or regular employment is assured for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured. Are there any collective agreements which give effect to these provisions of the Convention similar to the Maritime Shipping Employment Agreement (RAZ) adopted in the Netherlands?

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

The Committee notes the Government's statement that no measures have been taken to give effect to the provisions of this Convention through legislation, administrative regulations or other actions because there are no seamen within the meaning of this Convention in Aruba. The Committee notes at the same time from Lloyds' Statistical Tables for 1992 that 154 ships are given as registered in Aruba and Netherlands Antilles together. It recalls that the Convention applies (under Article 2) to all persons employed on board seagoing ships registered in the territory and would be grateful if the Government would clarify the numbers of seafarers in these terms and the provisions by which the Convention is applied to them.

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

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 the brief first report provided by the Government. It would be grateful if the Government would indicate what ships are registered in the territory and covered by the Convention under Article 1. If the question arises, the Committee hopes the Government will supply the details requested in the report form, particularly relating to Article 2. Please also indicate any arrangement for port state action taken in conformity with Article 4 in respect of foreign-registered ships.

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

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 has noted the information in the Government's first report. It would be glad if the Government would confirm whether, in the absence of legislation to give effect to Article 4 of the Convention by making arrangements for the holding of examinations and the granting of certificates of qualification (and not necessarily providing for training as such), provision exists, as in Netherlands Antilles (to which the Government refers) for the competent authority to recognize certificates of qualification as ship's cook issued in another country, in conformity with Article 6. The Committee recalls that by this means the requirement of Article 3(1) that no person should be engaged as ship's cook unless he holds a certificate of qualification as such may be fulfilled. It hopes the Government will provide all available information in this respect.

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

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:

Please indicate (a) whether, in accordance with Article 2, paragraph 5 of the Convention, the examinations prescribed include a practical test of the candidate's ability to carry out the duties of a lifeboatman; and (b) whether there is any provision in accordance with Article 4 for the recognition of certificates of qualification issued in other territories.

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

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 from the Government's first report that essentially it is legislation of the Netherlands that applies the Convention to Aruba. It notes however some variance between the provisions cited by the Government and those that apply the Convention to the Netherlands. The Committee would appreciate clarification on this point and requests a more detailed report, pointing out what specific provisions of the legislation cited in the Government's first report apply the Convention to Aruba. Please provide information on the practical application of the Convention requested in point V of the report form.

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

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 has noted the information in the Government's first report. It would be glad if the Government would confirm whether, in the absence of legislation to give effect to Article 4 of the Convention by making arrangements for the holding of examinations and the granting of certificates of qualification (and not necessarily providing for training as such), provision exists, as in Netherlands Antilles (to which the Government refers) for the competent authority to recognise certificates of qualification as ship's cook issued in another country, in conformity with Article 6. The Committee recalls that by this means the requirement of Article 3(1) that no person should be engaged as ship's cook unless he holds a certificate of qualification as such may be fulfilled. It hopes the Government will provide all available information in this respect.

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

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 would be grateful if the Government would confirm whether the 1953 Shipping Decree (PB 1953 No. 105) continues in force in the territory. If so, please indicate (a) whether, in accordance with Article 2, paragraph 5 of the Convention, the examinations prescribed include a practical test of the candidate's ability to carry out the duties of a lifeboatman; and (b) whether there is any provision in accordance with Article 4 for the recognition of certificates of qualification issued in other territories. If the 1953 Decree is no longer in force, please supply a copy of the legislation currently applicable in relation to the Convention.

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

The Committee takes note of a very brief information supplied by the Government in its first report. It would be grateful if the Government would supply, in its next report, information in reply to the questions raised under Points II to V of the Report Form, and more particularly under the following provisions:

Article 2, paragraphs 1 and 2, in relation to Article 7, of the Convention. Please indicate whether continuous or regular employment is assured for seafarers. Please indicate the minimum periods of employment or the minimum income or monetary allowance assured to seafarers and describe the manner in which they are assured. Are there any collective agreements which give effect to these provisions of the Convention similar to the Maritime Shipping Employment Agreement (RAZ) adopted in the Netherlands?

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

The Committee notes from the Government's first report that essentially it is legislation of the Netherlands that applies the Convention to Aruba. It notes however some variance between the provisions cited by the Government and those that apply the Convention to the Netherlands. The Committee would appreciate clarification on this point and requests a more detailed report, pointing out what specific provisions of the legislation cited in the Government's first report apply the Convention to Aruba. Please provide information on the practical application of the Convention requested in point V of the report form.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted the information in the Government's first report. It would be glad if the Government would confirm whether, in the absence of legislation to give effect to Article 4 of the Convention by making arrangements for the holding of examinations and the granting of certificates of qualification (and not necessarily providing for training as such), provision exists, as in Netherlands Antilles (to which the Government refers) for the competent authority to recognise certificates of qualification as ship's cook issued in another country, in conformity with Article 6. The Committee recalls that by this means the requirement of Article 3(1) that no person should be engaged as ship's cook unless he holds a certificate of qualification as such may be fulfilled. It hopes the Government will provide all available information in this respect.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee would be grateful if the Government would confirm whether the 1953 Shipping Decree (PB 1953 No. 105) continues in force in the territory. If so, please indicate (a) whether, in accordance with Article 2, paragraph 5 of the Convention, the examinations prescribed include a practical test of the candidate's ability to carry out the duties of a lifeboatman; and (b) whether there is any provision in accordance with Article 4 for the recognition of certificates of qualification issued in other territories. If the 1953 Decree is no longer in force, please supply a copy of the legislation currently applicable in relation to the Convention.