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Maritime Labour Convention, 2006 (MLC, 2006) - Grenada (Ratification: 2018)

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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 and 2022 entered into force for Grenada on 12 November 2019 and 23 December 2024, respectively. It notes that Grenada has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 and 2018 by the International Labour Conference and is therefore not bound by these amendments. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Government has not adopted new laws or regulations to give effect to the provisions of the Convention after its ratification and that it refers to the Shipping Act No. 47 of 1994, amended by Act No 14 of 2006 (hereafter “Shipping Act”) and the Employment Act No. 14 of 1999 (hereafter “Employment Act”). The Committee recalls that according to Article I, each Member which ratifies the MLC, 2006, undertakes to give complete effect to its provisions to secure the right of all seafarers to decent employment. The Committee hopes that the Government will make concrete progress in adopting laws and regulations in the near future to ensure compliance with the Convention.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that section 2 of the Shipping Act provides that “seaman” includes every person except a master or a pilot or a person temporarily employed on the ship while in port, employed in any capacity on board any ship and “seafarer” includes master, officer and any other category of crew. The Committee observes that most of the provisions of the Act with respect to working and living conditions on board refer to seamen and therefore do not apply to masters. The Committee recalls that Article II, paragraph 1(f) defines seafarer as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, without any distinction with regard to the role of these persons on board. Noting that the Shipping Act distinguishes between seafarer and seaman and excludes the master from the definition of the latter, the Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention, including the master.
Article V. Implementation and enforcement. The Committee notes that the provisions of the Shipping Act do not include specific provisions prohibiting violations of the requirements of the MLC, 2006 and establishing sanctions or requiring the adoption of corrective measures.The Committee requests the Government to indicate the measures envisaged or adopted to give effect to Article V, paragraph 6.
Article VII. Consultations. The Committee notes that no shipowners’ organization seems to have been established in Grenada to this date. The Committee recalls that under Article VII, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII. Until a shipowners’ organization is established in the country, the Committee invites the Government to have recourse to the consultative arrangement provided for in Article VII of the Convention.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 135(1) of the Shipping Act provides that “no person under the age of 16 years shall be employed in any Grenadian ship except – (a) upon work approved by the Director on board a school ship or training ship; or (b) where the Director certifies that he or she is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit to him or her of the employment, that the employment will be beneficial to him or her”. Section 135(5) of the same Act also stipulates that the restrictions to the employment of persons under sixteen do not apply to a vessel in which only members of one family are employed. The Committee further observes that while section 33(2) of the Employment Act provides that no person under the age of 16 years shall be employed or allowed to work on vessels, section 33(3) authorizes exceptions in the following cases: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by public authority; (b) work done by children on school ships or training ships, provided that such work is approved and supervised by public authority. The Committee recalls that Regulation 1.1 and Standard A1.1, paragraph 1, of the MLC, 2006 prohibit, without exception, the employment, engagement or work on board a ship covered by the Convention of any person under the age of 16 years. The Committee requests the Government to adopt the necessary measures to ensure full conformity with this provision of the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that the Government refers to section 135(4) of the Shipping Act according to which “[N]o young person under the age of 18 years shall be employed on work in the engine room of any vessel, unless that young person is an apprentice working under supervision”. The Committee, however, observes that this provision does not ensure the absolute prohibition required under Standard A1.1, paragraph 4, for persons under the age of 18 of the types of work considered hazardous, as such types of work may be permitted when undertaken under supervision. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction and to provide information on the progress made in this regard.
Regulation 1.2 and the Code. Medical Certificate. The Committee notes that both section 34 of the Employment Act and section 135 of the Shipping Act provide that the employment of a person under the age of 18 on board a ship is conditional on the production of a medical certificate attesting fitness for such work granted by a duly qualified practitioner, valid for one year. The Committee, however, observes, that there is no reference to the requirement that all seafarers, not only those under 18, shall be certified as medically fit to perform work on board ship. It further observes that while section 173 of the Shipping Act provides that the Minister may make regulations as appear to him or her to be necessary for the medical examination of all persons seeking employment in any capacity on board ships and the issue of medical certificates in respect of such persons, no such regulations prescribing the nature and conduct of the medical examination and the issuance of the certificate seem to have been adopted. The Committee accordingly requests the Government to take the necessary measures to give full effect to the detailed requirements of Standard A1.2 of the Convention.
Regulation 1.3. Training and qualifications. The Committee notes that section 109(2) of the Shipping Act provides that the Minister may make regulations as he or she considers necessary or expedient to provide for the qualifications of seafarers and for matters connected therewith, such as, inter alia, the requirements for seafarers performing prescribed functions in relation to the operation and maintenance of ships to be holders of certificates of competency, proficiency, qualification, the prerequisites for the conduct of examinations for such certificates, the qualifications of candidates for such examinations, and the requirements regarding the establishment of programmes of training and the curricula of study to be followed in the training of seafarers. The Committee observes that such regulations do not seem to have been adopted. In the absence of such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s reference to section 136 of the Shipping Act which provides that no person shall for reward make arrangements for finding employment for persons seeking to employ seamen or for finding employment for seafarers unless specific conditions are met and that the Minister may grant licences for the purpose of this section. While noting this information, the Committee observes that the Government has not not provided information as to how seafarers are recruited on ships flying Grenada’s flag and whether such licences have been granted. The Committee accordingly requests the Government to indicate whether there is an established system for the operation of private seafarer recruitment or placement services in its territory. It also requests the Government to indicate how seafarers working on board Grenadian ships are recruited.
Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee observes that the provisions of sections 126 and 127 of the Shipping Act with respect to crew agreements do not apply to ships that do not exceed 24 metres, and are not engaged on an international voyage and that sections 128 and 129 of the same Act establish requirements limited to crew agreements made in the case of Grenadian ships trading beyond Grenadian waters. The Committee therefore observes that a number of seafarers’ employment agreements (SEA) requirements provided for by Regulation 2.1 and Standard A2.1 do not apply to ships under 24 metres and in particular ships not engaged on an international voyage. Recalling that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4, the Committee requests the Government to adopt the necessary measures to ensure the application of Regulation 2.1 and the Code to all ships to which the Convention applies.
Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes the Government’s reference to sections 126 and 127 of the Shipping Act related to the signature of seafarer agreement. The Committee observes that these provisions do not require the signature of the shipowner, nor does section 128 regarding seafarer agreement of ships trading beyond Grenadian waters. The Committee accordingly requests the Government to take the necessary measures to ensure that SEAs are signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. It further requests the Government to provide an example of the standard form of a seafarer’s employment agreement.
Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. The Committee notes that section 127 of the Shipping Act provides that when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be forwarded to the owner and the other shall be retained by the master and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship. The Committee observes that there is no reference to the requirement that the original SEA be given to the seafarer. The Committee requests the Government to clarify whether the crew agreement is concluded on an individual basis for each seafarer. Furthermore, recalling that Standard A2.1, paragraph 1(c) provides that the shipowner and seafarer concerned shall each have a signed original of the SEA, the Committee requests the Government to indicate how effect is given to this provision of the Convention.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that section 137(1) of the Shipping Act provides that the master shall sign and give to a seaman discharged from his or her ship, either on his or her discharge or on payment of his or her wages, a certificate of his or her discharge in an approved form, specifying the period of his or her service and the time and place of discharge, but not containing any statement as to his or her wages or the quality of his or her work. The Committee, however, notes that section 138(1) stipulates that where a seaman is discharged, the master shall make and sign in an approved form a report of the conduct, character and qualifications of the seaman discharged, or may state in said form that he or she declines to give any opinion upon such particulars or upon any of them. The Committee recalls that Standard A2.1, paragraph 3, provides that the document to be given to seafarers, containing a record of their employment on board the ship, shall not contain any statement as to the quality of the seafarer’s work. The Committee requests the Government to take the necessary measures to ensure full compliance with Standard A2.1, paragraph 3. The Committee further requests the Government to provide an example of the approved document for seafarers’ record of employment.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that section 127(4) provides that an agreement made to employ a seaman under this section shall be terminated by (a) mutual consent of the parties thereto; (b) the death of the seaman; or (c) the loss or total unseaworthiness of the ship. The Committee notes that the Shipping Act does not explicitly establish a minimum notice period for the termination of the SEA, except in the case of a trade dispute, as provided for under section 199(2) of the same Act. The Committee also notes the Government’s indication that collective agreements provide for circumstances justifying the termination of the employment agreement on short notice or without notice, which are determined on a case by case basis. The Committee requests the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, of the Convention, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons” as stated in paragraph 6 of this Standard.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. The Committee notes that the provisions of section 127 of the Shipping Act regulating the elements to be included in crew agreements do not include all the matters provided under Standard A2.1, paragraph 4. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4.
Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee observes that, pursuant to section 142 of the Shipping Act, the master or owner of a Grenadian ship trading beyond Grenadian waters shall pay to each seaman belonging to that ship his or her wages, if demanded within two days after the arrival of the ship at the port where the crew is to be discharged or upon the seaman’s discharge, whichever first happens. The Committee recalls that pursuant to Standard A2.2, paragraph 1, seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement. Pursuant to Standard A2.2, paragraph 2, seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions. The Committee draws the Government’s attention to the fact that the provisions of Regulation 2.2 and the Code apply to all ships that fly the flag of a Member and are not limited to ships engaged in international voyages. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.2, paragraphs 1 and 2.
Regulation 2.2 and Standard A2.2, paragraph 6. Wages. Deductions. The Committee notes that under section 144 of the Shipping Act, a deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of section 143, except in respect of a matter happening after the delivery. The Committee recalls that Guideline B2.2.2, paragraph 4(h), provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective bargaining agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective bargaining agreements or court decisions for making such deductions. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h).
Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the Government refers to sections 38 and 39 of the Employment Act which establishes maximum daily ordinary working hours, which shall not be more than eight hours a day. The Committee observes that there do not seem to be specific national provisions regulating either the hours of work or hours of rest of seafarers and giving effect to the detailed requirements of Regulation 2.3 and the Code. The Committee therefore requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes that, in relation to annual leave, the Government’s reference to sections 139(1) and 139 (4) of the Shipping Act. The Committee observes, however, that these provisions do not comply with the requirement of Standard A2.4, paragraph 2, that annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.4, paragraphs 1 and 2.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that, at the time of the report, it did not have information regarding the prohibition to forgo annual leave. The Committee requests the Government to indicate the measures taken to ensure that any agreement to forgo the minimum annual leave is prohibited as required by Standard A2.4, paragraph 3.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government has not provided information on the national provisions implementing Regulation 2.4, paragraph 2, according to which seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions. The Committee therefore requests the Government to indicate how effect is given to Regulation 2.4, paragraph 2.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that section 218 of the Shipping Act provides for relief to be accorded to distressed seafarers who have been left behind outside of Grenada or shipwrecked. The Committee, however, notes that these provisions do not cover all circumstances under which a seafarer shall be deemed to have been abandoned pursuant to Standard A2.5.2, paragraph 2. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that section 201 of the Shipping Act regarding repatriation of seafarers, to which the Government refers, and section 139(1), referred to above with respect to annual leave do not regulate the maximum period of service on board. The Committee recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board shall be “less than 12 months”. In this respect, it notes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, which is assumed to be an uninterrupted period that is to be taken annually, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous duration of service periods on board without leave is, in principle, 11 months. The Committee requests the Government to indicate the measures taken to ensure conformity with Standard A2.5.1, paragraph 2.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 221 of the Shipping Act defines a “proper return port”. The Committee, however, observes that section 223(1) provides that, when any question arises as to what return port a seaman is to be sent, or as to the route by which he or she should be sent, that question shall be decided by the Registrar of Seamen or a proper officer having regard both to the convenience of the seamen and to the expense involved and also to the manning needs of any Grenadian ship which is about to navigate to a proper return port. The Committee recalls that Guideline B2.5.1, paragraph 6, states that the normal mode of transport should be by air and Guideline B2.5.1, paragraph 7, states that seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated. The Committee therefore requests the Government to provide information as to how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.
Regulation 2.7 and Standard A2.7, paragraph 1. Manning Levels. Adequate manning. The Committee notes that section 109(1) of the Shipping Act provides that every Grenadian ship and every ship seeking Grenadian registration shall be manned by a crew sufficient and efficient from the point of view of safety of life for the purpose of the intended voyage, and shall remain so manned during such voyage. Section 109(2)(b) provides that the Minister may make such regulations for the manning requirements for Grenadian ships. The Committee, however, observes that such regulations for manning requirements do not seem to have been adopted. The Committee requests the Government to indicate the measures taken or envisaged to give effect to all the requirements of Standard A2.7, and to provide an example of a minimum safe manning document.
Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that section 175(1) of the Shipping Act provides that every Grenadian ship of 1,000 tons or more net tonnage trading beyond Grenadian waters shall be provided with and carry a duly certificated ship’s cook and that, according to section 175(2), where in the opinion of the Minister there is an inadequate supply of certificated ship’s cooks, he or she may exempt a particular ship from the requirements of this section for a specified period. The Committee recalls that Regulation 2.7 applies to all ships that fly the flag of a Member irrespective of their tonnage or the nature of their voyage and, with respect to the requirement for ships to carry a fully qualified cook, the only exception allowed applies to ships operating with a prescribed manning of less than ten (Standard A3.2, paragraph 5). The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.
Regulation 2.8 and the Code. Career and skill development and employment opportunities. In the absence of information, the Committee recalls that this Standard provides for national policies to be adopted to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory. The Committee therefore requests the Government to indicate how it gives effect to Regulation 2.8 and the Code.
Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that section 174 of the Shipping Act provides for the power to make regulations with respect to crew accommodation. The Committee, however, observes that such regulations do not seem to have been adopted yet. The Committee requests the Government to take the necessary measures to give effect to the requirements of the Convention respecting accommodation and recreational facilities on board ships flying the Grenadian flag (Standard A3.1, paragraphs 1 to 17).
Regulation 3.2 and the Code. Food and Catering. The Committee notes that the Government refers to section 169 of the Shipping Act which provides that the Minister may make regulations requiring such provisions and water to be provided for seamen employed in Grenadian ships or any class of ships as may be specified in the regulations. While noting this information, the Committee observes that such regulations do not seem to have been adopted yet to provide minimum standards for the quality, nutritional value, quantity and variety of food that apply to meals provided for seafarers on board ships that fly its flag and for the organization and equipment of the catering department. The Committee requests the Government to adopt the necessary measures to give effect to the detailed requirements of Regulation 3.2 and the respective provisions of the Code.
Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that sections 176-178 of the Shipping Act contain some rules respecting medical care on board ship and ashore. While noting these provisions, the Committee observes that legislation is silent with respect to: (i) the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ships (Standard A4.1, paragraph 1(a)); (ii) seafarers’ access to prompt and adequate medical care while working on board, provided free of charge, as comparable as possible to that available for workers ashore (Standard A4.1, paragraph 1(b)); (iii) the right to visit a qualified medical doctor or dentist without delay in port of call, where practicable (Standard A4.1, paragraph 1(c)); (iv) the cost of medical care provided to seafarers when landed in a foreign port (Standard A4.1, paragraph 1(d)); (v) requirements for on-board hospital and medical care facilities and equipment and training on ships that fly its flag (Standard A4.1, paragraph 3); (vi) requirements regarding medicine chest, medical equipment and a medical guide, the specifics of which shall be prescribed and subject to regular inspection by the competent authority (Standard A4.1, paragraph 4(a)); (vii) requirement for ships which do not carry a medical doctor to have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid (Standard A4.1, paragraph 4(c)); and (viii) medical advice provided by radio or satellite communication (Standard A4.1, paragraph 4(d)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.
Regulation 4.2 and the Code. Shipowners’ Liability. The Committee notes that section 177 of the Shipping Act refers to the shipowner’s responsibility in cases of surgical, medical, dental or optical treatment as well as in case of death of a seafarer. While noting this information, the Committee observes that this provision does not give effect to the detailed provisions of the Convention and that it is not fully in compliance with Standard A4.2.1, paragraph 1(d), which provides that shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. In the absence of more detailed statutory provisions, the Committee requests the Government to adopt the necessary measures to give effect to the requirements of Regulation 4.2 and the Code.
Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Period of shipowners’ liability. The Committee notes that pursuant to section 201 of the Shipping Act on repatriation, the master or owner of the ship are liable to pay the cost of maintenance and medical treatment that is necessary for the seaman until his or her arrival at his or her proper return port. The Committee recalls that Standard A4.2.1, paragraph 2, allows national laws or regulations to limit the liability of the shipowner in such cases but specifies that the period of shipowners’ liability should “not be less than 16 weeks from the day of the injury or the commencement of the sickness”. The Committee requests the Government to indicate how it ensures that the period of shipowners’ liability, in respect of a seafarer no longer on board, is not less than 16 weeks from the day of the injury or the commencement of the sickness.
Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 167 of the Merchant Shipping Act which provides for the property of a deceased seaman to be delivered to the personal representatives of the deceased. However, there is no reference to the safeguard of the seafarer’s property in the event of injury or sickness. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the national provisions do not give effect to the requirements of the 2014 amendments to the Code of the Convention. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that section 181(1) of the Shipping Act provides that the Minister may make regulations for securing as far as practicable, safe working conditions and safe means of access for masters and seamen employed in Grenadian ships, and requiring the reporting of injuries sustained by them. The Committee notes the Government’s indication that the OSH Bill is under review and is on the legislative agenda. Recalling that under Regulation 4.3, paragraph 3, each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag, the Committee requests the Government to provide information on the progress made towards the adoption of national provisions to ensure conformity with these requirements.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that the Government has not provided information on whether shore-based welfare facilities for seafarers have been established in the country. Recalling the significance of access to shore-based welfare facilities for the seafarers’ well-being, the Committee would be grateful for information from the Government on any measures taken to promote the development of shore-based welfare facilities in Grenada.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, upon ratification of the Convention, Grenada declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are sickness benefit, old-age benefit, employment injury benefit, maternity benefit, invalidity benefit and survivors’ benefit. Noting that medical care benefit is not included in the list of social security branches specified, the Committee invites the Government to give due consideration to the Guideline B4.5, paragraph 1, which states that the protection to be provided at the time of ratification of the Convention should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee notes that the Government has not provided information on the application of Regulation 4.5 and the Code. It notes that the National Insurance Act (Chapter 205) and the National Insurance (Employment Injury Benefit) Regulations provide for benefits in the above-mentioned branches for employees covered by the National Insurance scheme. The Committee notes that section 24 of the National Insurance Act provides that persons resident in Grenada are eligible to benefits. It further notes that section 48 of the same Act provides that the Minister may make regulations regarding persons who are or have been employed on board any ship, vessel, or aircraft. Recalling that Standard A4.5, paragraph 3 of the Convention requires that each Member shall take steps according to its national circumstances to provide social security protection to all seafarers ordinarily resident in their territory, which shall be no less favourable than that enjoyed by resident shoreworkers, the Committee requests the Government to indicate how this requirement is implemented with respect to all seafarers ordinarily resident in its territory, regardless of their nationality and the flag of the ships on which they work.
Regulation 5.1 and the Code. Flag State responsibilities. Compliance and enforcement. The Committee notes that Grenada has a ship inspection and certification system in place which is operating on the basis of the Shipping Act. The Committee observes, however, that this system does not cover the working and living conditions prescribed by the MLC, 2006 as the relevant requirements have yet to be integrated in the national legislation. The Committee therefore requests the Government to adopt the necessary measures to give full effect to the requirements of Regulation 5.1 and the Code.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the Government refers to section 180 of the Shipping Act regarding facilities for making complaints. It however observes that this provision does not relate to the requirements for on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights). The Committee requests the Government to adopt the necessary measures to give full effect to this provision of the Convention.
Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. The Committee notes the Government’s indication that section 432 of the Shipping Act provides that where any of the casualties listed under subsection 1 occur, the Minister may cause a preliminary inquiry into the casualty and whether or not such a preliminary inquiry has been held, the Minister may cause a formal investigation. The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry into any serious casualty “shall be held” in all cases. Noting that according to section 432 of the Shipping Act official inquiries are optional, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Grenada is a party to the Memorandum of Understanding on port State Control in the Caribbean. The Committee observes the Shipping Act has provisions on the inspection of foreign ships that were adopted prior to the MLC, 2006, and that the inspection and monitoring system in place does not currently seem to verify compliance with the requirements of this Convention relating to the working and living conditions of seafarers on foreign ship calling at a Grenadian port. The Committee requests the Government to indicate the measures taken to give effect to Regulations 5.2.1 and 5.2.2 and the associated provisions of the Code. The Committee also requests the Government to provide information on onshore seafarer complaint-handling procedures.
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