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Repetition Articles 3 and 6 of the Convention. Conditions for signing and content of articles of agreement. The Committee notes the Government’s indication that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 1(3) of the Merchant Shipping Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. The Committee further notes that section 25 of the Merchant Shipping Act, which regulates crew agreements, only refers to persons employed as seamen on United Kingdom ships. The Committee therefore asks the Government to clarify how it is ensured that the provisions of the UK Merchant Shipping Act of 1995 regarding crew agreements and related regulations are applied to ships registered in Anguilla. In addition, the Committee notes that neither the Merchant Shipping Act of 1995 nor the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991 and the Merchant Shipping Notice M. 1498 contain specific provisions to ensure that seafarers and their advisers are given reasonable facilities to examine the articles of agreement before signing them (Article 3(1)). The Committee therefore requests the Government to indicate the measures taken to effectively implement this requirement of the Convention. Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, any standard form of crew agreement and discharge document currently in use, sample copies of seafarers’ employment agreements, copies of applicable collective agreements and inspection results showing any infringements observed and action taken.
Repetition Articles 3–6 of the Convention. Entitlement to repatriation. The Committee notes the Government’s indication that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 1(3) of the Act defines United Kingdom ships separately to mean ships registered in the United Kingdom. The Committee further notes that section 73 of the Merchant Shipping Act, which implements the basic requirements of the Convention, refers only to persons employed as seafarers on United Kingdom ships. The Committee requests the Government to provide clarification as to how it is ensured that the provisions of the UK Merchant Shipping Act of 1995 relating to repatriation and any relevant regulations are applied to ships registered in Anguilla. Practical application. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of seafarers covered by the relevant legislation, inspection results, copies of relevant clauses in applicable collective agreements, and extracts from official reports and information on any practical difficulties in the application of the Convention.
Repetition Articles 2 to 6 of the Convention. Seafarers’ identity documents. The Committee notes that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act, which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 79 of the Merchant Shipping Act, which regulates seafarer’s cards, together with the Merchant Shipping (Seamen’s Documents) Regulations 1987, refer to British seamen, which include seafarers of British overseas territories in accordance with the British Nationality Act 1981 and the British Overseas Territories Act 2002. While noting that the specimen copy of the seafarer’s identity document provided by the Government, together with its report submitted in 2009, fulfils the requirements of Article 4(2) and (3) of the Convention, the Committee considers that, it is still unclear whether and how the right of entry (Article 6) is implemented. The Committee therefore asks the Government to explain in detail the state of law and practice in this regard and to provide copies of any relevant legislative or regulatory text implementing the above requirement of the Convention.Finally, the Committee recalls that the present 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 seafarers’ right to shore leave, by developing a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185.
The Committee takes note of the extension to Anguilla of the United Kingdom Merchant Shipping Act, 1995, which meets the requirements of this Convention. The Committee would be grateful if the Government would provide information in its next report on any developments regarding the application of the Convention in Anguilla.
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 information on the practical application of the Convention.
Further to its previous comments the Committee notes that there is no legislative implementation of the Convention and that the draft bill similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat has not yet been discussed by the Government. Please provide all information regarding any developments in this respect. The Committee would be grateful if the Government would also provide particulars as to the vessels registered in the territory to which the Convention is applicable.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the 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:
Article 6 of the Convention. Further to its previous comments, the Committee notes from the Government's report that the measures to revise the legislation and thus give effect in law to this Article of the Convention (by authorizing the entry into the territory of seafarers holding a valid seafarers' identity document) have not yet been included in the current legislative agenda. The Committee trusts the Government will not fail to take the necessary measures to put the law into line with a practice that, according to the Government, is already in conformity with the Convention.
With reference to its previous direct request, the Committee notes from the Government's report that the local authorities are currently studying the possibility of adopting legislation similar to the draft Merchant Shipping Bill prepared by the Caribbean Community Secretariat. Although no cases of repatriation have been indicated during the period covered by the report, the Committee hopes that measures will be taken in the near future in order to give effect to the Convention at the legislative level.
Article 6 of the Convention. Further to its previous comments, the Committee notes from the Government's report that measures to give effect in law to this Article of the Convention (by authorising the entry into the territory of seafarers holding a valid seafarer's identity document) have still not been taken. The Committee trusts that they will be taken in the very near future in order to harmonise the law with a practice that, according to the Government, is already in accordance with the Convention.
The Committee notes from the Government's first report that no legislation has been made in Anguilla pertaining to this Convention but that a draft Merchant Shipping Bill put forward for consideration by Caribbean countries at a meeting sponsored by the Caribbean Law Institute contains provisions relating to the repatriation of seamen which would meet the obligations under this Convention. The Committee hopes that the Government will report on progress in legislative action to give effect to the Convention and also indicate the manner in which the Convention is applied in practice.
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 6 of the Convention. Further to its previous comments, the Committee notes from the Government's report that the relevant regulations are currently in the process of being revised so as to allow seafarers holding identity documents into the territory. Since, according to the Government, this is already current practice, and since this question has been the subject of comments by the Committee for many years, the Committee trusts that the Government will be in a position in its next report to indicate the provisions adopted to give effect to this Article.