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

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite Group on International Standards. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best dealt with in a single set of comments, which is set out below.

Placing of Seamen Convention, 1920 (No. 9)

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee requested information on the law and practice pertaining to the operation of employment agencies for seafarers. It notes that the Government reports in this connection that the Register of Merchant Marine Personnel is responsible for placing seafarers free of charge, in accordance with Decree No. 463/968 of 23 July 1968.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 14(2) of the Convention. Certificate as to the quality of the seafarer’s work. The Committee requested the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under the agreement. The Committee notes that the Government refers to Maritime Provision No. 16 of 25 October 1982 on seamen’s articles of agreement, which recalls that under Uruguayan law ratified international treaties are transposed into national provisions that are fully applied and take precedence over any provisions of domestic law that may afford lesser benefits or guarantees. The Committee concludes that Article 14(2) of the Convention, establishing that “the seaman shall at all times have the right … to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement”, is part of Uruguayan law and that there is therefore no need to adopt other domestic provisions in order for it to apply.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2–4 of the Convention. Issuance of a seafarer’s identity document. In earlier comments, the Committee noted Maritime Provision No. 38 of 14 March 1988, which regulates the issuance of seafarers’ identity documents in accordance with the requirements of the Convention. While observing that the Government indicates that the Maritime Authority does not grant identity documents to seafarers, the Committee requests the Government to indicate the measures which it envisages to adopt in order to ensure that identity documents are issued in conformity with the requirements of Maritime Provision No. 38.

Article 5(2). Readmission to a territory. The Committee requested the Government to specify the provisions ensuring that a seafarer, holder of a seafarer’s identity document issued by the Uruguayan authorities, will be readmitted in Uruguay during a period of at least one year after the date of expiry indicated in that document. Observing that the Government has not provided information on this issue, the Committee requests it to specify how effect is given to Article 5(2) of the Convention.

Article 6. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. The Committee requested the Government to indicate the provisions ensuring the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country. The Committee notes the information supplied by the Government to the effect that the documents certifying identity as a crew member are the crew member’s book, a passport identifying the holder as a seafarer or documentation showing the holder to be fit to serve on board. The Committee nonetheless observes that the Government specifies no provision guaranteeing the right of entry of seafarers holding seafarers’ identity documents issued by other countries. Consequently, the Committee requests the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(1)–(3) of the Convention. Statistics of occupational accidents. The Committee requested the Government to provide recent statistics of occupational accidents in the maritime sector. It notes the information supplied by the Government to the effect that there are no specific statistics for all types of accidents. Recalling that according to the Convention, statistics must record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship and of the area where the accident occurred, the Committee requests the Government to take the necessary steps to compile statistics that meet the requirements of the Convention.

Article 3. Research. The Committee requested the Government to send information on the research under way into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on the subject. The Committee notes that according to the Government, the Maritime Authority is not engaged in research into general trends in occupational accidents. Pointing out that according to the Convention research shall be undertaken into general trends and into such hazards as are brought out by statistics, the Committee requests the Government to take the necessary measures to give effect to Article 3 of the Convention.

Article 4(3)(h). Prevention of accidents. Dangerous cargo. The Committee requested the Government to indicate whether there are specific provisions on measures for the prevention of accidents that are peculiar to maritime employment that cover dangerous cargo. The Committee takes note of Maritime Provisions Nos 51 of 16 December 1996, 55 of 24 June 1997, 85 of 12 June 2002, 101 of 13 June 2005, 102 of 5 June 2005, 123 of 21 August 2009 and 153 of 12 October 2014, sent by the Government, and observes that they contain specific provisions on the prevention of accidents on board ships transporting dangerous cargo. The Committee further observes that Decree No. 158/985 of 25 April 1985 approves the Dangerous Goods Operations and Transport Regulations, which contain provisions on measures to prevent accidents caused by dangerous cargo. Lastly, the Committee notes the information from the Government to the effect that the International Maritime Dangerous Goods (IMDG) Code, and the International Safety Management (ISM) Code of the International Maritime Organization have been incorporated in Uruguay’s statutory law.

Article 4(3)(h). Prevention of accidents. Ballast. The Committee asked the Government to indicate the provisions that address the prevention of accidents in the handling of ballast. It takes note of the Maritime Provisions sent by the Government and observes that Maritime Provision No. 109 ALFA of 7 November 2006 refers to the safety of crew members and persons involved in the exchange of ballast water. However, this provision does not include measures for the prevention of accidents caused by ballast. The Committee accordingly requests the Government to indicate whether any other provisions give effect to Article 4(3)(h) of the Convention.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee pointed out to the Government that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains recommendations, which are not binding, to improve safety and health on board ships inter alia through the use of protective equipment. The Committee points out that according to the Convention, provisions on accident prevention must specify clearly the obligation of shipowners, seafarers and others concerned to comply with them. The Committee requests the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention, particularly those covering protective equipment.

Article 8. Programmes for the prevention of occupational accidents. The Committee requested the Government to indicate whether a committee had been set up in the maritime sector to formulate, implement and periodically review the national safety and health policy, as prescribed by Decree No. 291/007 of 13 August 2007. While noting the information supplied by the Government to the effect that since 2013 a sectoral committee has been in operation with a mandate to draft a standard for the prevention of occupational risks in the ports sector, the Committee observes that the abovementioned committee does not include representatives of shipowners and seafarers, and does not address the subject of on-board personnel. Recalling that the Convention requires the establishment of national or local joint accident prevention committees or ad hoc working parties on which both shipowners’ and seafarers’ organizations are represented, the Committee requests the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice.

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

Article 2(1) to (3) of the Convention. Statistics of occupational accidents. Recalling that the Government provided statistics for the last time in 1996, the Committee requests it to provide the most recent statistics available on occupational accidents in the maritime sector established by the State Insurance Bank and covering the numbers, nature, causes and effects of occupational accidents, with an indication of the department on board ship (for instance, deck, engine or catering) and the area (for instance, at sea or in port) where the accident occurred. The Committee draws the Government’s attention to the fact Standard A4.3(5) of the Maritime Labour Convention, 2006 (MLC, 2006), which revises the present Convention, provides that the competent national authority shall ensure that comprehensive statistics of occupational accidents, injuries and diseases are kept, analysed and published and, where appropriate, followed up by research into general trends and into the hazards identified. Furthermore, in accordance with Guideline B4.3.5(2) of the MLC, 2006, these statistics should record the numbers, nature, causes and effects of occupational accidents and occupational injuries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.

Article 3. Research. The Committee requests the Government to provide information on the research currently undertaken into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on this subject.

Article 4(3)(h) and (i). Dangerous cargo and personal protective equipment. The Committee notes the indications in the Government’s report that Uruguay has ratified the 1974 International Convention for the Safety of Life at Sea (SOLAS) and that the implementation of the latter ensures the full application of the provisions of Article 4 of the Convention. However, it draws the Government’s attention to the fact that the SOLAS Convention establishes general rules respecting security, safety and the exploitation of ships, but does not specifically address occupational safety and health. In this respect, the Committee notes Maritime Provision No. 51 of 16 December 1996, attached to the Government’s latest report, which establishes safety rules for de-gassing and maintenance on board ships carrying combustible liquids or gases, chemicals or hazardous goods. The Committee requests the Government to indicate whether other provisions specifically address the measures to be taken for the prevention of accidents on board ships transporting hazardous cargoes. The Government is also requested to indicate which provisions establish the rules to be followed relating to the use of personal protective equipment. It recalls, in this respect, that Guideline B4.3.1(2) of the MLC, 2006, also provides for the adoption of measures for the management of occupational safety and health in relation to the points referred to above.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee notes that Chapter II of Maritime Instruction No. 17 contains recommendations for the improvement of safety and health, which enumerate the measures that seafarers should take in this field. However, it observes that the Instruction only contains recommendations, and not binding provisions. The Committee requests the Government to indicate whether other legal provisions provide for the obligation of seafarers to comply with the provisions adopted respecting the prevention of accidents on board ships and, if so, to provide copies. It recalls, in this respect, that Standard A4.3(2) of the MLC, 2006, establishes that the provisions on health and safety protection and accident prevention shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards.

Article 8. Programmes for the prevention of occupational accidents. The Committee notes with interest Decree No. 291/007 of 13 August 2007, section 12 of which provides for the establishment, in each sector, of a tripartite sectoral commission entrusted with the formulation, implementation and regular evaluation of a national occupational safety and health policy. It requests the Government to indicate whether such a commission has been established for the maritime sector, and if so, to provide all relevant information on the activities of the commission. More generally, the Committee requests the Government to indicate the manner in which shipowners and seafarers or their representatives play an active part in the implementation of programmes for the prevention of occupational accidents. It emphasizes that, under the terms of Standard A4.3(1)(c) of the MLC, 2006, the laws and regulations and other measures to be adopted in this field shall include on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers’ representatives and all other persons concerned in their implementation. Furthermore, Guideline B4.3.7(2) of the MLC, 2006, provides that joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.

Part V of the report form. Application in practice. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, and to attach extracts from the reports of the inspection services indicating the number and nature of the contraventions reported and the resulting action taken, and the number of workers covered by the legislation giving effect to the Convention.

Finally, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises the present Convention and 36 other international maritime labour Conventions, and which contains in Regulation 4.3 and the corresponding Code detailed provisions on occupational safety and health and accident prevention. It requests the Government to keep the Office informed of any decision that it might take in this respect.

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

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee has been requesting the Government for several years to clarify the state of law and practice concerning the operation of public employment offices for seafarers. In successive reports, the Government has failed to provide clear information on the organization and functioning of the Office for the recruitment of seafarers which appears to have replaced the Register of Personnel of the Merchant Marine which was established by Decree No. 463/968 of 23 July 1968. In addition, the Government has not been in a position to indicate whether the bipartite advisory committee, established by Decree No. 600/77, has been set up in practice and whether it is currently in operation. The Committee is therefore obliged once again to request the Government to provide full particulars on the existing system of public employment offices for seafarers, including copies of any relevant legislative or regulatory texts not previously communicated to the Office.

Article 10. Employment information. The Committee requests the Government to provide up-to-date information on seafarers’ unemployment and the work of the Office for the recruitment of seafarers, including for instance the number of job applications received and vacancies notified and the number of persons placed in employment.

Finally, the Committee takes this opportunity to recall that at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 9 is an outdated instrument and invited the States parties to this Convention to consider ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), (GB.283/LILS/WP/PRS/1/2, paragraph 12). However, most of the provisions of Convention No. 179 have since been incorporated and further expanded in Regulation 1.4, Standard A1.4 and Guideline B1.4 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Conventions Nos 9 and 179, as well as 66 other international maritime labour instruments. The Committee therefore hopes that the Government will ratify the MLC, 2006, in the very near future and requests the Government to keep the Office informed of any decisions taken in this respect.

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

Article 1(1) of the Convention. Scope of application. The Committee notes the Government’s indications that there are no vessels in Uruguay to which the Convention may be applied. However, it understands that the company Montemar Martima SA, mentioned by the Government in previous reports, is still operating and serves northern Europe, the United States, Mexico and Central America. The Committee requests the Government to provide detailed statistics on the number of vessels flying the Uruguayan flag, disaggregated according to their tonnage and the type of voyages they carry out.

Article 3(1) and (4). Information for the seafarer. The Committee notes that, under section 1 of Decree No. 676/967 of 5 October 1967, the articles of agreement shall be signed at the offices of the Merchant Shipping Directorate of the port where the agreement is concluded and shall be signed not only by the parties, but also by the Director or the public official representing the Director, who shall verify that the agreement contains no provisions contrary to the Code of Commerce or the international labour Conventions. The Committee requests the Government to indicate the measures taken to ensure that the seafarer and his/her adviser if applicable have the possibility of examining the articles of agreement before they are signed and that the seafarer understands the meaning of the clauses of the agreement, as required by the Convention, and recalls in this regard that Regulation 2.1 and Standard A2.1(1)(b) of the Maritime Labour Convention, 2006 (MLC, 2006), contains similar provisions on this point.

Article 14(2). Certificate as to the quality of the seafarer’s work. The Committee requests the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under his/her agreement.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the organization of the labour inspection services, as well as the copy of a seafarer’s book attached to its report. Noting the statistics concerning the number of seafarers’ books issued, the Committee requests the Government to provide further information on the content of the tables attached to its report. In general, the Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection and registration services, details of the number of seafarers signed on each year, the number and type of violations identified of the provisions of the national legislation giving effect to the Convention, as well as the measures taken to remedy them.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises Convention No. 22, as well as 67 other international instruments applicable to seafarers, establishes an up-to-date and comprehensive framework of standards regulating the living and working conditions of seafarers, particularly concerning the seafarers’ employment agreement, and promotes the establishment of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in that regard.

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

Article 5(2) of the Convention. Readmission to territory. The Committee notes the information contained in the Government’s report, in particular the adoption of Act No. 18.250 of 6 January 2008 on immigration. The Committee recalls that under Maritime Provision No. 38 of 14 March 2008 of the National Port Authority, the seafarer’s identity document has a period of validity of ten years. The Committee therefore requests the Government to specify the legislative provisions, administrative regulations or instructions that ensure that a seafarer will be readmitted to the country during a period of at least one year after the expiry of his/her identity document, as required by this Article of the Convention.

Article 6. Permission to enter the territory for shore leave, transit or transfer. Noting that under section 41 of Act No. 18.250, a passport is required to enter the country, the Committee recalls that under Articles 5 and 6 of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the country or another State party to the Convention and to return to the issuing State even after expiry. The principles of free admission to a territory (for purposes of shore leave) and right of return are not self-executing, but require specific measures by the competent authority for their implementation. The Committee accordingly requests the Government to indicate the legislative provisions, administrative regulations or instructions guaranteeing the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country.

Part V of the report form. Practical application. The Committee requests the Government to supply up-to-date information on the practical application of the Convention, including, for instance, statistical information on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations and any difficulties encountered in the application of the Convention.

Finally, the Committee takes the opportunity to recall that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted by the ILO to enhance port and border security, while at the same time facilitating the seafarer’s right to shore leave by developing a more secure and globally uniform seafarers’ identity document. In fact, Convention No. 185 complements actions taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port Facility Security Code (ISPS), sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the Annexes in order to ensure that Members may easily adapt their systems while taking national circumstances into account. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee therefore invites the Government to consider the possibility of ratifying Convention No. 185 in the very near future and to keep the Office informed of any decisions taken in this respect.

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

The Committee notes the information provided by the Government. It draws the Government’s attention to the following points.

Article 4 of the Convention. The Government refers, with regard to employment offices for seafarers, to the Register of Personnel of the Merchant Marine established by Decree No. 463/968 of 23 July 1968. However, according to the observations made by the Single National Union of Seafarers and Allied Workers (SUNTMA), this Register has been abolished since 1973 and the period of dictatorship. It was successively replaced by an employment office (in the 1990s) and more recently by an office for the recruitment of seafarers, which has unfortunately never been operational. The Committee recalls that, under the terms of the Convention, each Member agrees that “there shall be organised and maintained an efficient and adequate system of public employment offices”, which may be organized either by representative associations of shipowners and seafarers jointly under the control of a central authority, or by the State itself. It requests the Government to provide information in its next report on the organization and maintenance of employment offices for seafarers.

Article 5. As the Government indicated in previous reports that the bipartite advisory committee for seafarers, established by Decree No. 600/77, had not yet been set up in practice, the Committee has been requesting information for several years on the effect given to this Article in practice. Once again in its report the Government confines itself to enumerating the existing legislative provisions, without replying directly to the issue raised. The Committee recalls that, under the terms of the Convention, external advisory committees for the supervision and the provision of advice concerning free public employment offices have to be constituted. It therefore requests the Government to provide information on the constitution of such committees in its next report and, in particular, to indicate whether or not the bipartite advisory committee created by Decree No. 600/77 has been set up in practice.

Article 7. Under the terms of the Convention, the contract of engagement of seafarers has to include the necessary guarantees for protecting all parties concerned. Moreover, seafarers must be able to examine the contract before and after signing. However, according to the SUNTMA, certain maritime enterprises recruit non-unionized personnel and impose contracts without allowing them to examine the content or, even less so, to negotiate modifications. The Committee requests the Government to provide information on the measures taken to ensure the protection of the contracting parties in its next report.

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

The Committee notes the Government’s report for the period ending 31 May 2005, as well as the statistics concerning general labour inspections.  It also notes the comments of the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT), alleging the absence of sufficient material and human resources available for the effective compliance, through the General Labour Inspection and the former National Institute of Minors (today INAU), with the inspection tasks attached to the functions and conditions of work in accordance with the Convention.

Article 15 of the Convention and Part III of the report form. The Committee requests the Government to provide specific information, concerning the organization and working of the inspection services entrusted with the supervision of the present Convention.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in your country including extracts from the reports of the maritime inspection and maritime registration services and, if such statistics are available, information concerning the number of seamen signed on during the period under review, the number and nature of the contraventions reported, etc.

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

The Committee notes with interest the creation of the tripartite advisory council on policies relating to labour inspection and social security, which is responsible, most notably, for promoting legislative development in respect of the prevention of occupational hazards and for coordinating the activities of bodies or institutions involved in the improvement of working conditions and the working environment. The Committee, however, draws the Government’s attention to the following points.

Article 4, paragraph 3(h), of the Convention. Dangerous cargo and ballast. In reference to its previous comments, the Committee notes with regret that no measures have been adopted to prevent occupational accidents in the handling of dangerous cargo and ballast. The Committee therefore requests the Government, once again, to take the necessary measures to bring legislation and practice into line with the provisions of this Article.

Article 6. Inspection. In its comments made in 2001, the Committee asked the Government to take the necessary measures to ensure the proper application of the provisions of the Convention. In its report, the Government expresses its willingness to allocate additional resources to the labour inspection and social security services, both of which are considered strategic services. The Committee requests the Government to indicate, in its next report, any progress made in this respect.

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

The Committee notes the Government’s report. It also notes the observations made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT). With reference to Part III of the report form, the Committee invites the Government to provide its response to these comments, to enable it to examine them in greater detail at its next session.

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

1. In response to comments the Committee has been making for many years, the Government states in its report for the period ending in June 2002 that section 2 of Decree No. 600 of 1977 establishes the bipartite advisory committee for seafarers referred to in Article 5 of the Convention. The Government has also been stating for many years, however, that  the committees provided for in that Article of the Convention "are not currently in operation". Consequently, the Committee again asks the Government to provide all the practical information required by the report form on the Convention pertaining to Articles 4 and 5 of the Convention, including available statistical or other information pertaining to unemployment among seafarers and the work of its seafarers’ employment agencies (Article 10, paragraph 1, of the Convention).

2. In reply to the Committee’s direct request of 1998, the Government observes that Uruguay has not ratified Convention No. 179. The Committee points out in this connection that the Governing Body invited States parties to Convention No. 9 to consider ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which would mean immediately denouncing Convention No. 9 (see paragraphs 47-51 of document GB.273/LILS/4(Rev.1), November 1998). The Committee would be grateful if, in its next report, the Government would provide additional information on any consultations held for this purpose.

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

The Committee notes the information supplied by the Government in its report. In particular, it notes with interest in regard to Article 7 of the Convention that under section 17 of Act No. 16.387 of 27 June 1993, as superseded by Act No. 16.736 of 5 January 1996, the minimum safe crew for each merchant vessel shall be determined by the competent authority. The operative crew shall be established by the shipowner with the agreement of the vessel’s master.

Further to its previous comments regarding Article 4, paragraph 3(h), of the Convention, the Committee notes that the Government will take into account the Committee’s comments indicating that adequate measures should be taken for the prevention of occupational accidents in the handling of dangerous cargo and ballast, as laid down in this provision of the Convention. The Committee recalls that, pursuant to paragraph 1 of this Article, provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means. Finally, the Committee again expresses the hope that the Government will adopt such measures as the Committee has been requesting since 1989.

Furthermore, the Committee notes that inspection programmes have not been carried out within the scope of the Convention and, finally, compliance with the provisions of the Convention in practice have not been ensured. The Committee recalls that in accordance with Article 6 the necessary measures shall be taken to ensure the proper application of the provisions of the Convention. The Committee therefore hopes that the Government will adopt appropriate measures to comply with the obligation set out in this Article of the Convention.

The Committee also hopes that, further to the adoption of these measures and the inspections carried out, the Government will be in a position to communicate information on the practical application of this Convention, for example by supplying extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents reported, etc., as required in Part V of the report form.

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

With reference to its previous comments over a number of years with regard to Articles 4 and 5 of the Convention, the Committee notes the information provided by the Government in its report. The Government refers to the establishment of an administrative committee responsible for the administration and supervision of registers of seafarers in the merchant marine, and to the establishment of a bipartite advisory committee consisting of two representatives of the shipowners and two representatives of the seamen. The Committee has also taken note of the fact that the draft Decree to reorganize the Registration Service for Seafarers in the Merchant Marine has not been approved. The Committee hopes that the Government will provide, in its future reports, copies of any texts adopted to implement the Convention and that it will also supply general information on the practical application of the Convention.

The Committee also draws the attention of the Government to the new instruments adopted by the International Labour Conference relating to the subject-matter of this Convention, namely, the Recruitment and Placement of Seafarers Convention (No. 179) and Recommendation (No. 186), adopted in 1996.

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

The Committee notes with interest Decree No. 83/996 of 7 March 1996 which provides for the establishment of the National Occupational Health and Safety Council responsible for preparing and proposing plans, programmes and national campaigns for occupational safety and health and the improvement of working conditions and for other activities for the prevention of occupational accidents with the participation of Employers' and Workers' representatives (Article 8 of the Convention).

Article 4, paragraph 3(h). The Committee notes that no special measures have been adopted to give effect to this provision of the Convention. It trusts that the Government will be in a position to indicate in a future report that prescriptions have been laid down which provide a sound basis for the prevention of occupational accidents in the handling of dangerous cargo and ballast, and asks the Government to report on any progress made in this respect.

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

The Committee notes with interest the information supplied by the Government in reply to its previous comments concerning the application of Article 3 of the Convention. However, it notes that the information requested under point V of the report form has not been provided. Please provide the above information in the next report.

Article 9. The Committee notes that national law does not give effect to this provision of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to apply this Article.

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

Articles 4 and 5 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes that a tripartite administrative committee ("Comisiòn Administradora" provided for in Decree No. 463/968 and referred to in the Government's previous reports) has not yet been established in practice. The Government indicates, however, that advisory committees provided for in Article 5 are in the process of being constituted. The Committee notes the detailed description of a draft text concerning the reorganization of the Registration Service for Seafarers in the Merchant Marine which has been sent for consultation to the organizations concerned, including those representing shipowners and seafarers. It is stated in the description of the draft that the purpose of the reorganization is to ameliorate the functioning of the Registration Service for Seafarers and to bring it into conformity with the requirements of the Convention. The Committee expresses the hope that the draft text referred to above will be adopted in the near future and that full effect will be given to these Articles of the Convention. It asks the Government to supply a copy of the text as soon as it is adopted and to provide, in its next report, information on the organization and functioning of the system of employment offices for finding employment for seamen without charge and on measures taken with regard to the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by the provisions of these Articles.

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

Article 3 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that, except in the case of certain shipowners who conclude collective agreements, the Model Seamen's Articles of Agreement are used to establish terms and conditions of work on board ship.

The Committee takes note of the Model Seamen's Articles of Agreement supplied. The Committee would be grateful if the Government would supply a complete copy of a sample of the collective agreements to which MONTEMAR S.A. is a party. It also asks the Government to provide the information requested in point V of the report form, concerning the practical application of the Convention.

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

The Committee notes the Government's report.

Article 4, paragraph 3(h), of the Convention. The Committee notes the text of the "Trojas" Regulations, dated 8 June 1931, and of Decree No. 2740, dated 23 December 1943, Decree No. 3769, dated 28 September 1944, and Decree No. 1049, dated 26 December 1974, which were attached to the Government's report and it notes that the above texts do not contain measures to give effect to the above provision of the Convention.

The Committee draws the attention of the Government to its obligation, in accordance with this provision of the Convention, to lay down provisions concerning the prevention of occupational accidents which are peculiar to maritime employment in laws or regulations, codes of practice or other appropriate means on matters including dangerous cargo and ballast. It requests the Government to indicate the measures which have been adopted or are envisaged to ensure the application of this provision of the Convention.

Article 8. The Committee notes that, according to the information supplied by the Government in its report, the draft Decree to establish the creation of joint occupational safety and health committees in all enterprises, including ships flying the national flag which are not ships of war, has not been adopted. It once again hopes that this Decree will be adopted in the near future, and requests the Government to supply the text of the above Decree once it has been adopted.

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

Articles 4 and 5 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the agreement reached in the tripartite meeting with the participation of representatives of the National Naval Prefecture, the Chamber of the Merchant Marine and the Inter-Union of Workers - National Convention of Workers (PIT-CNT), convened in October 1992, to establish as soon as possible a tripartite administrative committee in order to give effect to Articles 4 and 5 of the Convention. The Committee expresses the hope that the administrative committee will be effectively functioning in the nearest future and that the Government will be in a position to provide, in its next report, information on the organization and functioning of the system of employment offices for finding employment for seamen without charge and on measures taken with regard to the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by these Articles. Please also indicate the follow-up, if any, given to the draft regulations respecting the Registration Service for Seamen in the Merchant Marine, referred to in the Government's previous report.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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:

Article 3 of the Convention. In its previous direct requests, the Committee referred to the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above union alleged that the model seamen's Articles of Agreement was imposed by the maritime authority and did not provide for the agreement of the parties or a discussion of its clauses. The Committee also noted the Government's comments to the effect that these clauses were determined by the employers and workers through the free mechanism of collective negotiation, and asked the Government to provide copies of collective agreements.

The Committee takes note of Maritime Provision No. 16 of 1982, supplied by the Government with its report, preambular paragraph I of which stipulates that "by virtue of Acts Nos. 12.030 of 27 November 1953 and 12.158 of 22 October 1954, ratified international conventions become fully effective provisions of the national legislation and take precedence over any provisions in domestic law which may contain lesser benefits or guarantees". The Committee also notes the sample of the collective agreement concerning the wages of personnel on board ship, concluded in June 1990 between the MONTEMAR SA shipping company and the three seafarers' trade unions, and the Government's statement that MONTEMAR is the only national shipping company with vessels engaging in maritime shipping. The Committee would be grateful if the Government would indicate the manner in which the other terms and conditions of employment are determined for seafarers.

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

Article 3 of the Convention. In its previous direct requests, the Committee referred to the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above union alleged that the model seamen's Articles of Agreement was imposed by the maritime authority and did not provide for the agreement of the parties or a discussion of its clauses. The Committee also noted the Government's comments to the effect that these clauses were determined by the employers and workers through the free mechanism of collective negotiation, and asked the Government to provide copies of collective agreements.

The Committee takes note of Maritime Provision No. 16 of 1982, supplied by the Government with its report, preambular paragraph I of which stipulates that "by virtue of Acts Nos. 12.030 of 27 November 1953 and 12.158 of 22 October 1954, ratified international conventions become fully effective provisions of the national legislation and take precedence over any provisions in domestic law which may contain lesser benefits or guarantees". The Committee also notes the sample of the collective agreement concerning the wages of personnel on board ship, concluded in June 1990 between the MONTEMAR SA shipping company and the three seafarers' trade unions, and the Government's statement that MONTEMAR is the only national shipping company with vessels engaging in maritime shipping. The Committee would be grateful if the Government would indicate the manner in which the other terms and conditions of employment are determined for seafarers.

[The Government is asked to report in detail for the period ending 30 June 1991.]

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

1. The Committee notes the information supplied by the Government in its report concerning the Committee's previous comments. It notes the draft regulations respecting the Registration Service for Seamen in the Merchant Marine, a copy of which is attached to the report. The Government indicates that the above draft text was criticised by trade union associations in the Labour Commission of the Chamber of Deputies, which called upon the Minister of Defence and the Director of Registration and the Merchant Navy of the National Naval Prefecture to appear before it; these persons explained the objective and reasons for the proposed amendments. The trade union associations have not submitted an alternative draft nor have they discussed amendments to the draft text prepared by the maritime authority. In its direct request in 1989, the Committee requested the Government to make any observations that it considered appropriate on the comments made in September and October 1989 by the Naval Engineers Central and the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT). These seamen's organisations maintained that employment offices for seafarers have to be administrated by the representative associations of shipowners and seamen under the control of a central authority. In the opinion of these organisations, the central authority had to be an authority that was competent in the field of labour.

2. In its report, the Government indicates that the National Naval Prefecture reports that Article 4, paragraph 1(b), of the Convention is applied and that it has been in its own interests to establish an administrative committee with tripartite participation. With regard to Article 5, the Government indicates that the social partners have not appointed delegates to the advisory committee set up by Decree No. 600/77, which instituted a bipartite advisory committee for the staff register of the merchant marine of the National Naval Prefecture.

3. The Committee refers to Article 4, paragraph 1(b), of the Convention which permits the State itself to organise and maintain an efficient and adequate system of employment offices for finding employment for seamen without charge. Article 5 requires that "committees consisting of an equal number of representatives of shipowners and seamen shall be constituted to advise on matters concerning the carrying on of these offices. The Government in each country may make provision for further defining the powers of these committees, particularly with reference to the committees' selection of their chairmen from outside their own membership, to the degree of state supervision, and to the assistance which such committees shall have from persons interested in the welfare of seamen." The Committee therefore hopes that in its next report the Government will be in a position to supply the information required in the report form for the Convention on the organisation of the system of offices for finding employment without charge and on the provisions that have been adopted respecting the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by the above provisions of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee has noted the observations made in September and October 1989 by the Naval Engineers Central and the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) concerning the system of administration of employment offices for seamen, in connection with the elaboration of the Draft Regulations for the Staff Register of the Merchant Marine and the requirements of Article 4 of the Convention. The Committee has also noted that these observations were sent to the Government, in September and November 1989 respectively, for such comments as might be judged appropriate. The Committee observes that no comments have been communicated by the Government so far. It hopes that the Government will include in its next report any comments it considers appropriate in order to enable the Committee to examine the questions raised by the above-mentioned organisations in substance at its next session.

2. The Committee refers to its previous direct request concerning the application of Article 5 of the Convention which read as follows:

With reference to the Committee's previos comments, the Government indicated that the social partners had not appointed delegates to the advisory committee set up by Decree No. 600/977. In its last report, the Government included a copy of Decree 784/987 setting up an employment service for captains, masters, engineer-officers and crew of fishing vessels flying the national flag. In its direct request of 1984, the Committee referred to the relevant decisions of the International Labour Conference at its 2nd and 3rd Sessions (Record of Proceedings, Genoa, 1920, pp. 40 and 41 and Geneva, 1921, p. 868) to the effect that this Convention does not cover fishing vessels. The Committee noted from the Government's indications in its last report, that the crews of fishing vessels make up the vast majority of seamen in the country.

The Committee also noted the Government's statement to the effect that the maritime authorities had confirmed their interest in setting up administrative committees for the employment service for seamen and for deck-officers and engineer-officers, both of which would be in tripartite form, with representatives of the associations of crew members, shipowners and the State. It hopes that in its next report the Government will provide the information requested in the report form on the committees that have been set up.

[The Government is asked to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 4, paragraph 2 of the Convention. The Committee refers to its observation of 1978 in which it noted with satisfaction that both the boarding pass and the seafarer's book, which the Government forwarded at the time, contained the statement provided for in the above provision of the Convention, that they were seafarers' identity documents conforming to the provisions of the present Convention.

The Committee observes, however, that the specimen copy of the seafarer's book communicated by the Government with its last report, does not contain such a statement. It also notes that Maritime Provision No. 38, of 14 March 1988 of the National Ports Authority institutes a seafarer's identity document which, in accordance with Annex "Alfa", must contain, among other data, the statement that it is a national identity document conforming to Convention No. 108 of the ILO. The Committee asks the Government to provide a specimen copy of this new identity document with its next report.

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

The Committee notes the information provided by the Government in reply to its previous direct request concerning the application of Articles 3 and 6, paragraph 4, of the Convention. The Committee asks the Government to supply additional information on the following points:

Article 4, paragraph 3(h), of the Convention. What measures (legislation, codes of practice or other) have been taken to apply this provision of the Convention, given that Maritime Instruction No. 18 contains no provisions in this regard?

Article 8. The Committee notes with interest that the executive authority is studying a draft Decree which would establish the creation of joint safety and occupational health committees in all relevant enterprises, including ships flying the national flag which are not ships of war. The Committee hopes that this Decree will be approved in the near future.

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

Referring to its previous comments, the Committee notes with satisfaction that Maritime Instruction No. 18 of 28 December 1984 contains provisions relating to accident prevention on board ship which, in accordance with Article 4, paragraph 3(a), (f) and (g), of the Convention, cover the following areas: general and basic provisions; fire prevention and fire-fighting; and anchors, chains and lines. This Instruction gives effect also to Article 6, paragraph 4, of the Convention, covering provision of information to seafarers.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 3 of the Convention. In its previous direct request, the Committee took note of the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above Union alleges that the model seamen's articles of agreement is imposed by the maritime authority and does not provide for the agreement of the parties or a discussion of its clauses.

The Committee takes note of the Government's comments on this matter to the effect that the clauses are determined by the employers and workers through the free negotiating mechanism of collective agreements and that many such agreements exist concerning all the aspects of seafarers' working conditions. The Committee would be grateful if the Government would provide copies of a sample of the collective agreements in question.