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

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 Conventions.  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.

Article 1 of the Convention. Scope of application. In its previous comments, noting that, pending the drafting of legislation to ensure compliance with the Convention, shipowners are encouraged to comply with the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations and the associated Marine Guidance Notes, the Committee requested the Government to indicate the measures taken to implement the provisions of the Convention and to transmit copies of any relevant legislative or regulatory texts as soon as they were adopted. The Committee notes the Government’s indication in its report that no further legislation has been developed since the last examination to give effect to the provision of the Convention. The Committee accordingly reiterates its previous request.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified all the Conventions revised by the MLC, 2006 and the Seafarers’ Identity Document Convention (No. 108) as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 22, 56, and 69 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee requests the Government to provide information on any progress made towards extending the application of the MLC, 2006 and Convention No. 185 to Jersey.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s information that the Jersey register is dominated by small pleasure crafts and that there are 1,784 vessels registered, of which, in addition to small pleasure vessels, 59 are small commercial vessels, one is a large commercial yacht, and one a domestic passenger vessel. The Committee notes the Government’s indication that the importance of the Conventions have grown as a result of the application of the Maritime Labour Convention, 2006 (MLC, 2006), to local recruitment and placement services. The Committee further notes the Government’s indication that the existing restrictions on the Jersey registry were amended and that it can now register ships of any type up to 400 gross tons provided that the ships over 24 meters are classed with a recognized organization. The Committee requests the Government to continue to provide information on the number of vessels registered in Jersey to which the Conventions apply.

The Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that the Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provides for a specific Jersey Code of Safety Practice. This in turn requires compliance with the MLC, 2006 requirements in the 2014 Workboat Code (a technical standard developed by the Industry Working Group which consolidates all relevant requirements into a single document and is applicable to new workboats and pilot boats) until the relevant legislation is fully modified. According to section 26.19 of the Workboat Code, if the vessel is lost, the shipowner is liable to pay seafarers’ wages for up to two months and to compensate them for loss of possessions. The level of such compensation should be specified in the seafarers’ employment agreement. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that, pending the drafting of legislation to ensure compliance with the Convention, shipowners should comply with the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations and the associated Marine Guidance Notes. The Committee notes the Government’s indication that for seafarers employed through Jersey-based recruitment and placement agencies, the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended in 2013 to ensure full compliance with Regulation 1.4 of the MLC, 2006. Under section 4A(4) of the Order, an agent shall not enter into an agreement with a shipowner for the recruitment of a seafarer unless, inter alia, he has obtained details in writing of the principal terms and conditions of the seafarer’s employment agreement, which shall include at least the particulars listed under Standard A2.1, paragraph 4, of the MLC, 2006. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Certification requirements for able seamen. In its previous comments, the Committee requested the Government to provide explanations with regard to legislation implementing the Convention. The Committee notes the Government’s indication that legislation concerning able seamen which is specific to Jersey ships has not been implemented, and that the United Kingdom’s Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 do not apply and have not applied in Jersey. The Committee further notes the Government’s indication that, while not specifically referring to able seamen, the Shipping (Training, Certification and Manning) (Jersey) Order 2004 imposes a responsibility on every company owning a Jersey ship to ensure that every master and seaman holds an appropriate certificate or a certificate of equivalent competency in respect of any function he is to perform on that ship. The Government further indicates that section 33 of the Shipping (Jersey) Law 2002 prohibits unqualified personnel going to sea. It further states that without legislation on able seamen, there are currently no Jersey-issued able seamen certificates. The Government finally indicates that the United Kingdom’s Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015 No. 782) include provisions on able seafarers that are understood to meet the Convention’s requirements and that it intends to replace the Shipping (Training, Certification and Manning) (Jersey) Order 2004 in due course with equivalent legislation. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

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

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

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s indication that the relevance of the Convention continues to be assessed and that the Registry has very few vessels with permanent contracted seafarers to whom the Convention would be of value. The Committee requests the Government to provide information on any developments that might have an impact on the application of the Convention.

Application in practice. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation and the number of any maritime casualties involving Jersey-registered vessels and the payment of indemnities to the seafarers concerned.

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

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

Article 2 of the Convention. Certification requirements for able seafarers. The Committee notes the Government’s statement that the Convention is implemented through the Shipping (Training, Certification and Manning) (Jersey) Order 2004, which provides in section 2 that the United Kingdom Training and Certification Regulations apply to Jersey as part of the law of Jersey. The Committee observes, however, that the United Kingdom legislation to which the above 2004 Order refers, that is the Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997 No. 348) sets out only the certification requirements for ratings forming part of a navigational watch, pursuant to Regulation II/4.2 of the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), but does not contain any provisions on certification of able seafarers (AB). Noting the Government’s earlier statements that the age, experience and examination criteria for able seafarers are identical to those required for the United Kingdom, and also noting that sections 4 and 8 of the United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 appear to give full effect to the requirements of the Convention, the Committee requests the Government to provide additional explanations with regard to the implementing legislation.

Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

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

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s indication that the relevance of the Convention continues to be assessed and that, at present, the Registry has very few vessels with permanent contracted seafarers to whom the Convention would be of value. It also notes that the Registry remains restricted by the United Kingdom Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order, 2003, which does not permit the registration of passenger vessels on international voyages, commercial vessels over 150 gross tons and of pleasure vessels over 400 gross tons. The Committee requests the Government to keep the Office informed of any developments, such as the possible amendment of the Shipping (Jersey) Law 2002 to which reference was made in an earlier report, that might have an impact on the application of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the estimated number of permanent contracted seafarers. The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation and the number of any maritime casualties involving Jersey-registered vessels and the payment of indemnities to the seafarers concerned.

Finally, the Committee recalls that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of compensation in the event of the ship’s loss or foundering not only for the resulting unemployment but also for injury or death. The Committee considers, therefore, that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006.

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

Article 2 of the Convention. Certification requirements for able seafarers. The Committee notes the Government’s statement that the Convention is implemented through the Shipping (Training, Certification and Manning) (Jersey) Order 2004, which provides in section 2 that the United Kingdom Training and Certification Regulations apply to Jersey as part of the law of Jersey. The Committee observes, however, that the United Kingdom legislation to which the above 2004 Order refers, i.e., the Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997 No. 348) sets out only the certification requirements for ratings forming part of a navigational watch, pursuant to Regulation II/4.2 of the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), but does not contain any provisions on certification of able seafarers (AB). Noting the Government’s earlier statements that the age, experience and examination criteria for able seafarers are identical to those required for the United Kingdom, and also noting that sections 4 and 8 of the United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 appear to give full effect to the requirements of the Convention, the Committee requests the Government to provide additional explanations with regard to the implementing legislation.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

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’s STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Jersey, the Committee requests the Government to keep the Office informed of any developments regarding the effective implementation of the MLC, 2006.

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

Article 1 of the Convention. Scope of application. The Committee recalls that until recently the only vessels registered in Jersey were those excluded from the scope of the Convention by virtue of Article 1(2). The Committee notes, that following the adoption of the Shipping (Safety Codes) (Jersey) Order, 2005, vessels falling within the scope of the Convention, are allowed to be registered in Jersey. The Government indicates that currently three ships over 100 gt, to which the Convention applies, are registered in Jersey. It also indicates that pending the drafting of legislation to ensure compliance with the provisions of the Convention, shipowners have been notified that they should comply with the intent of the Convention and the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations as well as the associated Marine Guidance Notes.

In this regard, the Committee recalls that Convention No. 22, as well as 67 other international maritime labour instruments, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). Most of the provisions of this Convention have been incorporated without any significant changes in Regulation 2.1 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with Convention No. 22 would facilitate compliance with the respective provisions of the MLC, 2006. The Committee requests the Government to pursue the legislative action with a view to effectively implementing the provisions of Convention No. 22 and to transmit copies of any relevant legislative or regulatory texts as soon as they are adopted.

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

The Committee notes the information supplied by the Government in its report. It notes that, while the application of the Convention remains ensured by the Merchant Shipping (Jersey) Order of 1927, a new Shipping Law, which does not cover the questions regulated by the Convention, was adopted in 2002. It further notes that, according to the indications given by the Government, the relevance of the Convention to the island is currently being assessed, including by increasing the statistical data available concerning the number of persons employed as seafarers. Upon completion of that process, it should be decided whether it is not more satisfactory to implement the Convention by inserting a suitable new provision in the 2002 Law and repealing the 1927 Order. The Government also declares that, as of 2003, by virtue of the Merchant Shipping (Categorization of Registries of Relevant British Possessions) Order, the restrictions existing on the registration of certain ships in the island have been waived, making possible an increase in the number of registered larger vessels and, consequently, also of the number of persons employed on board such vessels. The Committee takes note of this information and would be grateful if the Government would continue to keep it informed of any decision taken as regards the implementation of the Convention. It recalls that the Convention applies to all persons, including masters and officers, employed on any vessel, of any nature whatsoever, engaged in maritime navigation, whether privately or publicly owned, with the exception of ships of war. The Committee would also appreciate receiving statistical information on the number of seafarers, as defined by the Convention, employed on vessels registered in the island, as well as information regarding the application of the Convention in practice, as requested under Part V of the report form.

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

The Committee notes from the Government’s report that at the present time the only vessels registered in Jersey are those excluded by virtue of Article 1, paragraph 2, of the Convention from its application. It asks the Government to provide in its future reports information on any changes in law or in practice.

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

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 send a full and detailed report and complete information on the practical application of the Convention.

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

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 reads as follows:

Please send a full and detailed report and complete information on the practical application of the Convention.

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

Please send a full and detailed report and complete information on the practical application of the Convention.