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

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - Papua New Guinea (Ratification: 1976)

Article 1, paragraph 2, of the Convention.  (a)  In its previous comments, the Committee noted that neither section 102 of the Merchant Shipping Act which is currently in force, nor the provisions of the Merchant Shipping Bill, give effect to this provision of the Convention. Indeed, section 99 of the Bill provides that Part VI, which contains provisions concerning the payment of compensation in the event of the loss of the ship, does not apply to pleasure boats or vessels which are under 24 metres in length, whereas the Convention applies to all vessels, ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion only of ships of war. The Government indicates in this respect that the Minister of Labour and Employment has requested the Minister of Transport to withdraw the Bill in order to make the necessary amendments to section 102 of the Merchant Shipping Act and to section 99 of the Bill with a view to bringing them into conformity with the Convention. The Committee takes due note of this information and hopes that it will be possible to adopt these amendments in the very near future.

(b)  The Committee requests the Government to continue indicating in future reports whether, under the terms of section 103 of the Merchant Shipping Act (reproduced as section 100 in the Bill), the Minister has exempted particular vessels or particular classes of vessels from the obligations deriving from Part V of the current Act.

Article 2.  In its previous comments, the Committee noted with interest that section 121 of the Merchant Shipping Bill removed any reference to the non-payment of the unemployment indemnity in cases where it has been proven that the seafarer has not made reasonable efforts to save the vessel, the persons or the goods being transported. The Committee emphasizes the need to adopt such a provision all the more since section 127(2)(a) of the current Merchant Shipping Act makes entitlement to the indemnity dependent on the efforts of the seafarer to save the vessel and its cargo, which does not give full effect to this provision of the Convention.

The Committee trusts that the Government will be able to indicate in its next report the progress made in achieving full conformity with the Convention on the above points. Please also transmit the text of the new Merchant Shipping Act when it has been adopted.