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

Aruba

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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