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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 1 and 2 of the Convention. Unemployment indemnity in case of shipwreck. Further to its previous comment, the Committee refers to the two implementing texts, i.e., the Merchant Shipping Act of 1975, as amended, and the Seamen (Unemployment Indemnity) Act 1951, and recalls that certain discrepancies exist between these two texts. More concretely, whereas section 123(2)(a) of Merchant Shipping Act provides that a seafarer is not entitled to unemployment compensation in case of shipwreck if it is proven that he/she has not made reasonable efforts to save the ship, no similar exception is to be found in the Seamen (Unemployment Indemnity) Act. The Committee recalls, in this regard, that under this Convention, the payment of unemployment indemnity may not be subject to such conditions as the seafarer’s efforts to save the vessel. In addition, whereas section 100(2)(b) of the Merchant Shipping Act generally excludes seafarers employed on board pleasure craft from the application of Part V of this Act, which governs the payment of unemployment benefits in the event of shipwreck, and section 101(1) empowers the Authority on advice of the Minister to exempt particular ships or classes of ships from the obligations of Part V, no similar provisions are contained in the Seamen (Unemployment Indemnity) Act. In this respect, the Committee recalls that the Convention applies to “all ships and boats of any nature whatsoever”. The Committee requests the Government to review sections 100(2)(b), 101(1) and 123(2)(a) in order to ensure conformity with the Convention, and to provide information on the steps taken in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. The Committee requests the Government to provide information on the progress made towards the adoption of these Regulations.

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

Articles 1 and 2 of the Convention. Unemployment indemnity in case of shipwreck. Further to its previous comment, the Committee refers to the two implementing texts, i.e., the Merchant Shipping Act of 1975, as last amended in 1996, and the Seamen (Unemployment Indemnity) Act 1951, and recalls that certain discrepancies exist between these two texts. More concretely, whereas section 123(2)(a) of Merchant Shipping Act provides that a seafarer is not entitled to unemployment compensation in case of shipwreck if it is proven that he/she has not made reasonable efforts to save the ship, no similar exception is to be found in the Seamen (Unemployment Indemnity) Act. The Committee recalls, in this regard, that under this Convention, the payment of unemployment indemnity may not be subject to such conditions as the seafarer’s efforts to save the vessel. The Committee further recalls that the same provision has been incorporated in Standard A2.6(1) of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of an indemnity against unemployment resulting from the ship’s loss or foundering “in every case of loss or foundering of any ship”.

In addition, whereas section 100(2)(b) of the Merchant Shipping Act generally excludes seafarers employed on board pleasure craft from the application of Part V, which governs the payment of unemployment benefits in the event of shipwreck, and section 101(1) empowers the Minister to exempt particular ships or classes of ships from the obligations of Part V of the Merchant Shipping Act, no similar provisions are contained in the Seamen (Unemployment Indemnity) Act. In this respect, the Committee recalls that the Convention applies to “all ships and boats of any nature whatsoever”, while the MLC, 2006, provides for an equally broad scope of application under Article II(1)(i) and (4). The Committee accordingly asks the Government to take all appropriate steps in order to remove the existing discrepancies between the two implementing instruments and to transmit a copy of the amended text of the Merchant Shipping Act once it has been adopted. The Committee also requests the Government to keep the Office informed of the outcome of the series of meetings that are scheduled between the Department of Labour and Industrial Relations and the National Maritime Safety Authority (NMSA) concerning further amendments to the maritime legislation.

Part V of the report form. Practical application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, statistical information concerning the number of seafarers covered by the relevant legislation, any maritime casualties involving Papua New Guinean-registered vessels and the payments which may have been made to the seafarers concerned as well as full particulars on any cases in which seafarers, including non-nationals and non residents, have had recourse to legal remedies in order to recover the unemployment indemnity under the relevant legislation.

Finally, the Committee wishes to recall that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the MLC, 2006. It therefore considers that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any developments regarding the process of ratification of the MLC, 2006.

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

Article 1, paragraph 2, of the Convention. (a) In its report, the Government indicates that effect is given to this provision of the Convention by the Merchant Shipping Act of 1975 that was consolidated in 1996, as well as by the Seamen (Unemployment Indemnity) Act of 1951. The Government also indicates that section 1 of the Act of 1951 defines the term "vessel" as including any ship or boat of any kind registered in Papua New Guinea, but not including a vessel of war.

While taking note of this information, the Committee notes that, since it ratified Convention No. 8, the Government has at no time referred to the Seamen (Unemployment Indemnity) Act of 1951, referring, at all times, rather to the Merchant Shipping Act of 1975 which follows that of 1951 and which contains provisions applicable to the payment of unemployment indemnity upon shipwreck. In this regard, although it takes due note of the provisions of the Act of 1951 referred to by the Government, the Committee notes that the Act of 1975 also contains a Part V which governs the payment of unemployment benefits upon shipwreck. It notes in this regard that the scope of application of Part V of the Act of 1975 differs from that of the Act of 1951 to the extent that Part V of the Act of 1975 does not apply to pleasure craft (section 100(2)(b)). The Committee would be grateful if the Government would provide more information in this regard, in particular with regard to the application of these two texts in practice and taking account of the fact that they contain provisions that are in principle conflicting and contradictory with regard to governing the granting of unemployment indemnity upon shipwreck. It recalls that for several years now it has brought the Government’s attention to the fact that the Convention applies to all vessels and boats of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned with the exception of ships of war, and to the need to amend the national legislation as a consequence. The Committee regrets, moreover, that the amendment in 1996 of the Merchant Shipping Act did not occasion the amendment of the Act of 1975 taking into account its previous comments.

(b) The Government is requested to indicate in future reports whether, pursuant to section 101 of the Merchant Shipping Act, the Minister has exempted particular ships or particular classes of ships from the obligations of Part V of the Merchant Shipping Act.

Article 2. In its previous comments, the Committee expressed the hope that the provision of the Merchant Shipping Act, providing for the non-payment of the indemnity due upon shipwreck in cases where it has been proven that the seafarer has not made reasonable efforts to save the vessel, would be removed consequent to the revision of the text. The Committee notes that, in its last report, the Government refers to section 123(2) of the consolidated version of the Merchant Shipping Act, which continues to provide the above exception. The Government refers moreover, for the first time in this context, to the Seamen (Unemployment Indemnity) Act of 1951 that does not provide this exception for the payment of unemployment indemnity. To the extent that the two texts referred to by the Government still contain provisions that are in principle conflicting and contradictory, the Committee requests the Government to provide the necessary information concerning their application in practice. It considers that, in the interests of legal security and clarity, the provisions of these two texts should be harmonized taking into account the fact that this provision of the Convention does not authorize the subjection of payment of unemployment indemnity upon shipwreck to the condition that the seafarer made efforts to save the vessel.

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

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.

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

Article 1, paragraph 2, of the Convention. (a) In reply to the Committee's previous comments, the Government states that a draft Merchant Shipping Bill, of which it transmits a copy, should soon be adopted by Parliament. However, the Committee notes that this draft text does not appear to take into account the comments that it has been making for many years concerning section 102 of the Merchant Shipping Act which is currently in force. Section 99 of the draft text 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. The Committee recalls that these exclusions are not in accordance with the Convention, which 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 Committee places particular emphasis on the need to bring the legislation into conformity with Article 1, paragraph 2, since the Government no longer appears to refer to the adoption of regulations in respect of vessels of low tonnage, which would extend to the crews of these vessels the protection set out in the Convention.

(b) Furthermore, the Committee would be grateful if the Government would state whether any use has been made of section 103 of the Merchant Shipping Act (reproduced in the Bill as section 100), under which the minister may, by notice in the National Gazette, exempt a particular ship or a particular class of ships from the requirements of Part V of the current Act and, if so, to state the categories of ships excluded and the measures taken to provide the protection set out in the Convention to seafarers employed on those ships.

Article 2. In its previous comments, the Committee drew the Government's attention to the need to amend section 127, paragraph 2(a), of the Merchant Shipping Act so as to repeal any reference to the non-payment of the unemployment indemnity where it has been proven that the seafarer has not made reasonable efforts to save the vessel, the persons or the goods being transported. It notes with interest that section 121 of the draft Merchant Shipping Bill takes into account the Committee's comments on this point. The Committee hopes that this provision will be adopted in the near future.

The Committee hopes that Government will be able to indicate in its next report the progress achieved in giving full effect to the Convention on the above points. Please also transmit the text of the new Merchant Shipping Act when it has been adopted.

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

The Committee notes with regret that for the fourth time 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:

In reply to the Committee's previous comments, the Government indicates that the proposed amendments to the national legislation on merchant shipping are being drafted at present on the basis of the Committee's comments with a view to their adoption in early 1993. The Government adds that it will be able to reply to the Committee's previous direct request after the adoption of the amendments in question. The Committee notes this information. It once again expresses the hope that these amendments will be adopted in the very near future and that they will ensure full application of the Convention on the following points:

Article 1, paragraph 2, of the Convention. The Committee recalls that: (a) under section 102, paragraph 2(b), of the Act on the merchant navy, part V of this Act which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship, does not apply to pleasure boats; and (b) under section 103, paragraphs 1 and 2, of said Act the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee hopes that these provisions will be brought into line with the Convention which covers all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion of ships of war.

The Committee also asks the Government to supply the text of the new legislation relating to vessels of low tonnage to which the Government referred in its previous reports.

Article 2. Section 127, paragraph 2(a), of the above-mentioned Act should be modified so as to repeal the provision which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported.

The Committee hopes that the Government will indicate the progress made in this regard in its next report.

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

The Committee notes with regret that for the fourth time the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.

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

The Committee notes with regret that for the third time 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:

In reply to the Committee's previous comments, the Government indicates that the proposed amendments to the national legislation on merchant shipping are being drafted at present on the basis of the Committee's comments with a view to their adoption in early 1993. The Government adds that it will be able to reply to the Committee's previous direct request after the adoption of the amendments in question. The Committee notes this information. It once again expresses the hope that these amendments will be adopted in the very near future and that they will ensure full application of the Convention on the following points:

Article 1, paragraph 2, of the Convention. The Committee recalls that: (a) under section 102, paragraph 2(b), of the Act on the merchant navy, part V of this Act which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship, does not apply to pleasure boats; and (b) under section 103, paragraphs 1 and 2, of said Act the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee hopes that these provisions will be brought into line with the Convention which covers all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion of ships of war.

The Committee also asks the Government to supply the text of the new legislation relating to vessels of low tonnage to which the Government referred in its previous reports.

Article 2. Section 127, paragraph 2(a), of the above-mentioned Act should be modified so as to repeal the provision which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported.

The Committee hopes that the Government will indicate the progress made in this regard in its next report.

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

The Committee notes with regret that for the second consecutive year, 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:

In reply to the Committee's previous comments, the Government indicates that the proposed amendments to the national legislation on merchant shipping are being drafted at present on the basis of the Committee's comments with a view to their adoption in early 1993. The Government adds that it will be able to reply to the Committee's previous direct request after the adoption of the amendments in question. The Committee notes this information. It once again expresses the hope that these amendments will be adopted in the very near future and that they will ensure full application of the Convention on the following points:

Article 1, paragraph 2, of the Convention. The Committee recalls that: (a) under section 102, paragraph 2(b), of the Act on the merchant navy, part V of this Act which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship, does not apply to pleasure boats; and (b) under section 103, paragraphs 1 and 2, of said Act the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee hopes that these provisions will be brought into line with the Convention which covers all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion of ships of war.

The Committee also asks the Government to supply the text of the new legislation relating to vessels of low tonnage to which the Government referred in its previous reports.

Article 2. Section 127, paragraph 2(a), of the above-mentioned Act should be modified so as to repeal the provision which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported.

The Committee hopes that the Government will indicate the progress made in this regard in its next report.

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:

In reply to the Committee's previous comments, the Government indicates that the proposed amendments to the national legislation on merchant shipping are being drafted at present on the basis of the Committee's comments with a view to their adoption in early 1993. The Government adds that it will be able to reply to the Committee's previous direct request after the adoption of the amendments in question. The Committee notes this information. It once again expresses the hope that these amendments will be adopted in the very near future and that they will ensure full application of the Convention on the following points:

Article 1, paragraph 2, of the Convention. The Committee recalls that: (a) under section 102, paragraph 2(b), of the Act on the merchant navy, part V of this Act which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship, does not apply to pleasure boats; and (b) under section 103, paragraphs 1 and 2, of said Act the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee hopes that these provisions will be brought into line with the Convention which covers all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion of ships of war.

The Committee also asks the Government to supply the text of the new legislation relating to vessels of low tonnage to which the Government referred in its previous reports.

Article 2. Section 127, paragraph 2(a), of the above-mentioned Act should be modified so as to repeal the provision which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported.

The Committee hopes that the Government will indicate the progress made in this regard in its next report.

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

In reply to the Committee's previous comments, the Government indicates that the proposed amendments to the national legislation on merchant shipping are being drafted at present on the basis of the Committee's comments with a view to their adoption in early 1993. The Government adds that it will be able to reply to the Committee's previous direct request after the adoption of the amendments in question. The Committee notes this information. It once again expresses the hope that these amendments will be adopted in the very near future and that they will ensure full application of the Convention on the following points:

Article 1, paragraph 2, of the Convention. The Committee recalls that: (a) under section 102, paragraph 2(b), of the Act on the merchant navy, part V of this Act which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship, does not apply to pleasure boats; and (b) under section 103, paragraphs 1 and 2, of said Act the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee hopes that these provisions will be brought into line with the Convention which covers all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion of ships of war.

The Committee also asks the Government to supply the text of the new legislation relating to vessels of low tonnage to which the Government referred in its previous reports.

Article 2. Section 127, paragraph 2(a), of the above-mentioned Act should be modified so as to repeal the provision which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported.

The Committee hopes that the Government will indicate the progress made in this regard in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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

The Committee notes with regret that for the second time in succession 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 1, paragraph 2, of the Convention. In its earlier comments the Committee had pointed out that (a) under article 102, paragraph 2(b), of the Act on the merchant navy, part V of this law which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship did not apply to pleasure boats, and (b) under article 103, paragraphs 1 and 2, of the same Act, the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee had consequently drawn the attention of the Government to the fact that the Convention applies to "all ships and boats of any nature whatsoever engaged in maritime navigation whether publicly or privately owned; it excludes ships of war". It does not allow for exceptions in the case of particular boats or categories of boats.

In its report the Government indicated that legislation relating to vessels of low tonnage has been drafted and contains provisions concerning the safety of seafarers. Statutory provisions will subsequently be adopted whereby the crews of such vessels will enjoy the protection provided by the Convention. It added that a certain number of provincial maritime governments have already adopted the legislation in question.

The Committee hopes that the statutory regulations mentioned by the Government will be adopted in the near future to ensure that seafarers employed on vessels of low tonnage, and especially on pleasure boats, are given the protection provided for by the Convention. It also hopes that on this occasion powers of exemption provided by article 103 of the above-mentioned Act of 1975 can be repealed. It would be grateful if the Government would supply informnation on the progress made in this respect.

It would also be glad to receive a copy of the text of the new legislation relating to vessels of low tonnage, which has not yet been received at the ILO, as well as a copy of all statutory provisions once they have been adopted.

Article 2. The Committee took note of the Government's statement according to which the Act on the merchant navy is being amended, and that the amendment will include a modification of article 127, paragraph 2(a), of the Act which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported. The Committee again expresses the hope that the Government will be in a position to state in its next report that the provision in question has been repealed.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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 1, paragraph 2, of the Convention. In its earlier comments the Committee had pointed out that (a) under article 102, paragraph 2(b), of the Act on the merchant navy, part V of this law which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship did not apply to pleasure boats, and (b) under article 103, paragraphs 1 and 2, of the same Act, the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee had consequently drawn the attention of the Government to the fact that the Convention applies to "all ships and boats of any nature whatsoever engaged in maritime navigation whether publicly or privately owned; it excludes ships of war". It does not allow for exceptions in the case of particular boats or categories of boats.

In its report the Government indicated that legislation relating to vessels of low tonnage has been drafted and contains provisions concerning the safety of seafarers. Statutory provisions will subsequently be adopted whereby the crews of such vessels will enjoy the protection provided by the Convention. It added that a certain number of provincial maritime governments have already adopted the legislation in question.

The Committee hopes that the statutory regulations mentioned by the Government will be adopted in the near future to ensure that seafarers employed on vessels of low tonnage, and especially on pleasure boats, are given the protection provided for by the Convention. It also hopes that on this occasion powers of exemption provided by article 103 of the above-mentioned Act of 1975 can be repealed. It would be grateful if the Government would supply informnation on the progress made in this respect.

It would also be glad to receive a copy of the text of the new legislation relating to vessels of low tonnage, which has not yet been received at the ILO, as well as a copy of all statutory provisions once they have been adopted.

Article 2. The Committee took note of the Government's statement according to which the Act on the merchant navy is being amended, and that the amendment will include a modification of article 127, paragraph 2(a), of the Act which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported. The Committee again expresses the hope that the Government will be in a position to state in its next report that the provision in question has been repealed.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1, paragraph 2, of the Convention. In its earlier comments the Committee had pointed out that (a) under article 102, paragraph 2(b), of the Act on the merchant navy, part V of this law which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship did not apply to pleasure boats, and (b) under article 103, paragraphs 1 and 2, of the same Act, the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee had consequently drawn the attention of the Government to the fact that the Convention applies to "all ships and boats of any nature whatsoever engaged in maritime navigation whether publicly or privately owned; it excludes ships of war". It does not allow for exceptions in the case of particular boats or categories of boats.

In its report the Government indicates that legislation relating to vessels of low tonnage has been drafted and contains provisions concerning the safety of seafarers. Statutory provisions will subsequently be adopted whereby the crews of such vessels will enjoy the protection provided by the Convention. It adds that a certain number of provincial maritime governments have already adopted the legislation in question.

The Committee hopes that the statutory regulations mentioned by the Government will be adopted in the near future to ensure that seafarers employed on vessels of low tonnage, and especially on pleasure boats, are given the protection provided for by the Convention. It also hopes that on this occasion powers of exemption provided by article 103 of the above-mentioned Act of 1975 can be repealed. It would be grateful if the Government would supply informnation on the progress made in this respect.

It would also be glad to receive a copy of the text of the new legislation relating to vessels of low tonnage, which has not yet been received at the ILO, as well as a copy of all statutory provisions once they have been adopted.

Article 2. The Committee takes note of the Government's statement according to which the Act on the merchant navy is being amended, and that the amendment will include a modification of article 127, paragraph 2(a), of the Act which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported. The Committee again expresses the hope that the Government will be in a position to state in its next report that the provision in question has been repealed.