Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Colombia

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1933)
Repatriation of Seamen Convention, 1926 (No. 23) (Ratification: 1933)

The Committee notes the reports provided by the Government on the application of Conventions Nos 22 and 23 on seafarers. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2019. In these observations, the CTC and CUT recommend the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006) to resolve the problems faced by seafarers in the absence of an instrument that protects them at the national and international levels. They also indicate that this view is shared by the General Maritime Directorate (DIMAR) of Colombia. The Committee also notes the Government’s indication that, in the context of the discussion on reports on the maritime Conventions held at the Tripartite Subcommittee on International Labour Affairs, it was agreed to request the technical assistance of the Office in relation to the possible ratification of the MLC, 2006. The Committee understands that the Office is in contact with the Government to provide the technical assistance requested. The Committee requests the Government to provide information on any developments in this regard. In order to provide an overview of the issues to be addressed in relation to the application of Conventions on seafarers, the Committee considers it appropriate to examine these instruments in a single comment, as set out below.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 3 of the Convention. Conditions and guarantees for the signing of the agreement. In its previous comments, the Committee requested the Government to provide information on the measures adopted to give effect to Article 3(1) and (2) of the Convention. The Committee notes with interest the Government’s indication in this regard that Decree No. 1015 of 16 June 1995, as compiled by Single Regulatory Decree No. 1072 of 2015 of the Ministry of Labour, in Chapter 3 on labour regulations concerning certain employees on board ships flying the Colombian flag in international service, section 2.2.1.6.3.2, establishes that facilities shall be provided to the worker and his advisers to examine the articles of agreement before they are signed. The Committee notes this information which corresponds to the request made previously.

The Committee previously requested the Government to provide its comments regarding the observations of the CUT that most seafarers are recruited under verbal agreements and, in some cases where they sign contracts, they are not provided with a copy. The Committee notes that the Government refers to section 2.2.1.6.3.14 of the Single Decree referred to above, which provides that the labour administration authorities, within their function of monitoring labour standards, shall enforce compliance with Convention No. 22 of the International Labour Organization approved by Act No. 129 of 1931 and the regulations set forth in this Chapter. The Government also provides information on the administrative actions taken in this context between 2014 and 30 March 2019. The Committee notes this information.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3 and 6 of the Convention. Obligations pertaining to repatriation. The Committee previously requested the Government to provide its comments on the observations of the CUT regarding the ongoing problems relating to the repatriation of seafarers due to the Government’s lack of clear authority as the head of DIMAR to protect and ensure the repatriation of seafarers, whether they are foreign nationals in Colombia or Colombian nationals abroad. The Committee notes the Government’s indication that DIMAR prepared and made available to the Ministry of Labour the necessary technical assistance for the adoption of the draft decree adding to and amending Book 1, Part 1, Title 1, Chapter 6, section 3 of the Single Regulatory Decree 1072 of 2015 of the labour administration and issuing other provisions. The Government adds in this regard that this draft addresses, among other matters, the issue of repatriation. The Committee requests the Government to provide information on the development of the draft decree referred to above.