Seafarers' Welfare Convention, 1987 (No. 163) - Mexico (Ratification: 1990)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), forwarded by the International Organisation of Employers (IOE) on 26 July 2016, regarding the Government’s application of Conventions Nos 22, 55, 134, 163 and 164. CONCAMIN indicates that, in view of the Committee’s considerations and the legislation in force, it would be appropriate to analyse the whole body of standards relating to seafarers and indicates its willingness to participate in the process of analysis and implementation of ad hoc regulations. The Committee requests the Government to send its observations in this regard. The Committee also notes the reports sent by the Government on the application of the abovementioned maritime Conventions and Convention No. 166. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s indication that, under article 133 of the Political Constitution of the United States of Mexico (Constitution) and section 6 of the Federal Labour Act of 1 April 1979, treaties form part of national law and may be applied without it being necessary to adopt national legislation. The Committee observes that article 133 of the Constitution provides that the said Constitution, the laws of the National Congress emanating from it and all treaties which are in conformity with it, concluded by the Government with the approval of the Senate, shall be the supreme law of the land, and that the judges of each federal entity shall act in conformity with the Constitution, laws and treaties, notwithstanding any provisions to the contrary in the constitutions or laws of federal entities. The Committee also observes that, under section 6 of the Federal Labour Act, the respective laws and treaties concluded and approved in accordance with article 133 of the Constitution shall be applicable to employment relationships in respect of all the benefits enjoyed by workers, from the date of entry into force. On this basis, in the absence of specific national provisions that give effect to the self-executing provisions of the Conventions, the Committee has considered the latter provisions to be directly applicable in Mexico. However, the Committee wishes to emphasize that the maritime Conventions contain a number of provisions which are not self-executing and hence require the adoption of legislation and other measures by the Government.

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

Article 3(1) of the Convention. Facilities to examine the articles of agreement before signature. In its previous comments, the Committee asked the Government to indicate the manner in which it is ensured that seafarers are given facilities to examine the articles of agreement before signature. The Committee notes the Government’s indication in this regard that seafarers may consult free of charge the Federal Conciliation and Arbitration Board and the Office of the Federal Prosecutor for the Defence of Labour regarding any queries concerning the content of the agreement. The Committee also notes the Government’s indication that, under section 28 of the Federal Labour Act, when a Mexican worker is employed abroad, the agreement shall be submitted to the Federal Conciliation and Arbitration Board to verify that it satisfies the conditions of work prescribed by the abovementioned Act. The Committee notes this information.

Article 6(3)(10). Information to be included in the agreement. Conditions for the termination of the agreement. In its previous comments, the Committee drew the Government’s attention to the fact that the Federal Labour Act does not include, among the indications which must be provided in writing in the agreement, the conditions for termination of the agreement. The Committee notes the Government’s indications that such conditions are established in sections 194 and 195 of the Federal Labour Act, which include the stipulation that the agreement shall indicate whether it is concluded for a definite or indefinite period or for an individual voyage, and in section 206 of the aforementioned Act concerning the termination of employment relationships of workers on board vessels. Furthermore, the Committee notes the Government’s indication that, under article 133 of the Constitution and section 6 of the Federal Labour Act, the provisions of Article 6(3) of the Convention concerning the particulars that the agreement must contain are directly applicable in national law. While recalling the self-executing nature of Article 6 of the Convention, the Committee notes the information provided by the Government and considers that it responds to its previous request on this matter.

Article 9. Termination of the agreement. In many previous comments, the Committee noted that section 209(III) of the Federal Labour Act – which provides that employment relationships may not be terminated when the vessel is abroad, in unpopulated areas or in port, should the vessel be exposed in the latter case to any risk due to bad weather or other circumstances – is not in conformity with Article 9 of the Convention, which provides that an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given. The Committee notes the Government’s indications that the purpose of section 209(III) of the Federal Labour Act is to prevent workers and the vessel itself from being exposed to exceptional situations of risk and does not prevent the termination of the employment relationship when such a situation no longer exists. However, the Committee once again observes with deep concern that section 209(III) of the Federal Labour Act prevents the possibility of an agreement for an indefinite period being terminated in any port where the vessel loads or unloads, as required by the Convention. The Committee therefore once again requests the Government to take the necessary measures without delay to bring the national legislation into conformity with Article 9 of the Convention.

Article 14(1). Record of discharge in the identity document. In its previous comments, the Committee noted that the copy of the seafarers’ book and identity document sent by the Government does not include a space to enter the expiry or termination of the agreement. The Committee notes the Government’s indication that the Ministry of Communication and Transport (SCT), the competent authority for issuing this document, stated that in view of the austerity measures regarding the use of government resources and the significant number of seafarers’ books and identity documents in circulation, the space for noting the expiry or termination of the agreement has not yet been incorporated in the document in question. The Committee requests the Government to provide up-to-date information on the measures taken to ensure that any discharge is recorded in the document issued to the seafarer, in accordance with Article 14(1) of the Convention.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 6 of the Convention. Repatriation expenses in the event of sickness or injury. In its previous comments, the Committee noted that, under section 204(VII) of the Federal Labour Act, employers have the obligation to provide seafarers with food and accommodation, medical treatment and medicines in the event of illness, but that there is no mention of shipowners’ responsibility to bear the cost of repatriation for a sick or injured seafarer who is put ashore during the voyage as a result of illness or injury. The Committee notes the Government’s indication that the Federal Labour Act does not specifically establish the obligation to cover repatriation expenses in such circumstances. However, the Government indicates that this obligation derives from article 123(A)(XXVI) of the Constitution, which provides that employment contracts concluded between a Mexican citizen and a foreign employer shall clearly specify that the cost of repatriation shall be borne by the employer. The Committee observes that this provision of the Constitution does not regulate the repatriation of seafarers on vessels flying the Mexican flag or not under foreign ownership. The Committee once again requests the Government to take the necessary measures to ensure that all seafarers have the right to be repatriated at the expense of the shipowner in the event of sickness or injury, in accordance with Article 6 of the Convention.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(3). Detailed statistics on occupational accidents on board. In its previous comments, the Committee asked the Government to take the necessary steps to ensure the availability of statistics relating to occupational accidents on board that indicate clearly the part of the ship (deck, engine room or catering areas) and the location (at sea or in port) where the accident occurred, in accordance with Article 2(3). The Committee notes the Government’s indications that: the Merchant Shipping Department at the SCT and the Mexican Social Security Institute (IMSS) compile the relevant statistics; the IMSS bases its statistics on the data compiled in the occupational accident notification system (SIAAT), and the relevant Mexican Official Standard (NOM-036-SCT4-2007 of 17 August 2007) is being updated. However, the Committee observes that the statistics of the Merchant Shipping Department forwarded by the Government do not indicate the part of the vessel or the location where accidents occurred. The Committee also notes that the Government has not provided any statistics from the IMSS and that the SIATT accident notification form does not include a space to indicate in the part of the ship and the location where the accident occurred. Lastly, while noting that NOM-036-SCT4-2007 provides that the shipowner shall report occupational accidents to the maritime authority, the Committee points out that the aforementioned standard does not specify the level of detail to be included in such reports. The Committee therefore requests the Government to indicate whether and how the different mechanisms established for the compilation of information on occupational accidents on board (by the Merchant Shipping Department or the SIAAT system) enable the Government to have disaggregated statistics, in accordance with Article 2(3) of the Convention.

Article 3. Research into general trends and hazards of maritime employment. In its previous comments, the Committee asked the Government to take steps to conduct research into general trends and hazards of maritime employment. The Committee notes the information provided by the Government on occupational safety and health (OSH) advisory committees at both the national and the individual state level (COCONASST and COCOESST, respectively and on the National Advisory Committee on OSH Normalization). The Committee also notes the Government’s indications that the Federal Occupational Safety and Health Regulations (Federal OSH Regulations), which apply to ships, require employers to do research into the risks of various types of jobs and to send information to the Ministry of Labour and Social Welfare. The Government also indicates that employers can examine the risks of occupational accidents through OSH committees and services. However, the Committee observes that the mechanisms for research into the occupational hazards described by the Government are not exclusive to maritime employment. The Committee therefore requests the Government to clarify whether in practice such research makes it possible to establish general trends and hazards peculiar to maritime employment, and can be used in relation to the prevention of accidents in the particular context of maritime employment, in accordance with Article 3 of the Convention.

Article 4(3). Measures for the prevention of occupational accidents. In its previous comments, the Committee firmly requested the Government to take the necessary measures to ensure that the standards applicable to seafarers for the prevention of accidents and the protection of health in employment specify the particular features of maritime employment listed in Article 4(3), such as structural features of the ship, machinery, special safety measures on deck, loading and unloading equipment, fire prevention and firefighting, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment. The Committee notes that the information supplied by the Government is of a general nature and does not mention the adoption of any standards that meet the requirements of Article 4(3). The Committee therefore once again requests the Government to take the necessary steps to ensure that the standards applicable to seafarers for the prevention of occupational accidents include the aspects listed in Article 4(3) of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In its previous comments, the Committee asked the Government to provide information on the formulation and implementation of programmes for the prevention of occupational accidents among seafarers. The Committee notes the Government’s indication that the SCT and the Ministry of Shipping have competence for the matters covered by the Convention. However, the Committee observes that the Government does not indicate whether these authorities have drawn up the prevention programmes required under Article 8. The Committee also notes the information provided by the Government to the effect that the Ministry of Labour and Social Welfare does not have separate programmes for the prevention of accidents to seafarers, to whom the general OSH self-management programme (PASST) – of general application – applies. The Committee once again notes with regret that the information provided by the Government refers to generally applicable OSH programmes, whereas the Convention requires specific maritime programmes to be drawn up in cooperation with shipowners’ and seafarers’ organizations. The Committee therefore once again requests the Government to take the necessary steps to formulate and implement programmes which give effect to Article 8 of the Convention.

Seafarers’ Welfare Convention, 1987 (No. 163)

Articles 2, 5 and 6 of the Convention. Welfare facilities and services in ports and on board ship. Review of welfare facilities and services. International cooperation. In its previous comments, the Committee asked the Government to provide information on the functioning of seafarer centres (Casas del Marino) in various ports in the country, on the review of welfare facilities and services for seafarers, and on international cooperation in this field. The Committee notes that the Government refers once again to the General Regulations for Seafarers of 8 December 1943 but does not indicate how the seafarer centres operate in practice. Furthermore, the Committee notes that the Government once again refers to section 214 of the Federal Labour Act, which provides that the Federal Executive Authority shall determine how services in seafarer centres shall be maintained and improved, without indicating whether any regulations have been promulgated under the aforementioned section. The Committee recalls that, under Article 2 of the Convention, each Member undertakes to ensure that adequate welfare facilities and services are provided for seafarers both in port and on board ship. Such services shall be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry (Article 5). Moreover, each Member undertakes to cooperate with other Members with a view to ensuring the application of the Convention (Article 6). The Committee once again requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 4(c) of the Convention. Right to visit a medical doctor. In its previous comments, the Committee asked the Government to take the necessary measures to guarantee seafarers the right to visit a doctor without delay in ports of call where practicable. The Committee notes the Government’s indications that: (a) seafarers have the unrestricted right to medical consultations in ports of arrival; and (b) seafarers may use IMSS hospitals in Mexican ports and are covered for medical assistance abroad by the insurance policies concluded by shipowners with “protection and compensation associations”. While noting this information, the Committee observes that the Government does not indicate the legal provisions which ensure compliance with Article 4(c) of the Convention, according to which seafarers must be guaranteed the right to visit a doctor without delay in ports of call where practicable. The Committee firmly requests the Government to provide the aforementioned information.

Article 5(4) and (5). Inspection at regular intervals of the medicine chest. Checking of the labelling. In its previous comments, the Committee asked the Government to take steps to give effect to the specific requirements relating to the regular inspection of the medicine chest on board at intervals not exceeding 12 months and the checking of the labelling, expiry dates and conditions of storage of all medicines contained in the medicine chest, in accordance with Article 5 of the Convention. The Committee notes the Government’s indications that: (a) the Merchant Shipping Department is responsible for the application of Mexican Official Standard NOM-034-SCT4-2009 of 24 February 2009 concerning OSH conditions for the handling, transportation and storage of hazardous chemicals, which stipulates that a medicine chest must be carried on board; and (b) maritime safety inspections are ongoing and can be conducted at any time. However, the Committee observes that the information provided by the Government does not indicate how such inspections are ensured at regular intervals not exceeding 12 months or whether the requirements for storage of the medicines listed in Article 5(4) and (5) are checked. The Committee therefore once again requests the Government to provide information on the intervals at which on-board medicine chests are inspected, and on the checking of compliance with the provisions of the Convention regarding the labelling and storage of medicines.

Article 7. Medical advice by radio or satellite communication. In its previous comments, the Committee asked the Government to indicate the manner in which it is ensured that vessels can obtain medical advice at any time of day by radio or satellite communication, in accordance with Article 7. The Committee notes with regret that the Government once again refers in this regard to the Maritime Safety Inspection Regulations of 12 May 2004, which require vessels to carry radio communication equipment on board. The Committee recalls that the existence of radio communication equipment on board is not sufficient to ensure the availability of medical advice on vessels on the high seas at any time of day or night, in accordance with Article 7. The Committee therefore once again requests the Government to indicate the measures taken to give effect to this Article of the Convention.

Article 8. Presence of a medical doctor on board ships. In its previous comments, the Committee drew the Government’s attention to the fact that neither the Maritime Safety Inspection Regulations nor the Federal Labour Act specify the ships or categories of ships which are required to carry a medical doctor as a member of the crew. In this regard, the Committee notes that the Government once again refers to section 204(VIII) of the Federal Labour Act, under which employers are obliged to carry medical staff and equipment on board as established by the laws and regulations on maritime communications. In view of the fact that the provisions referred to by the Government do not meet the requirements of Article 8, the Committee once again requests the Government to indicate the measures taken to ensure that ships covered by the Convention carry a medical doctor as a member of the crew.

Article 9. Training courses for persons in charge of medical care. In its previous comments, the Committee reminded the Government that training courses for persons in charge of medical care on board vessels who are not doctors must meet the requirements of Article 9, such as being approved by the competent authority and being based on the content of the relevant international guides. The Committee notes the Government’s indications that the Nautical Academies and the Education Centre provide senior and junior Merchant Navy officers with training courses which conform to the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), including courses in basic first aid, medical first aid and medical care. The Committee also notes the Government’s indication that these courses are approved at the national level by the Ministry of Public Education and the Maritime Authority, while the qualifications and validations issued are recognized at the global level by the International Maritime Organization. The Committee notes this information, which meets the requirements of the Convention.

Article 11. Hospital accommodation. In its previous comments, the Committee drew the Government’s attention to the fact that the national legislation does not give effect to Article 11, which stipulates that in any ship of 500 or more gross tonnage, carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration, separate hospital accommodation must be provided. In this regard, the Committee notes with regret that the Government refers once again to section 49 of the Federal OSH Regulations of 13 November 2014, which regulate the provision of preventive occupational medical services. The Committee reiterates that the aforementioned Regulations are of a general nature and do not contain provisions determining the type of vessel in which separate hospital accommodation is required or describing the particular features of such hospital accommodation. The Committee therefore requests the Government once again to take the necessary steps to give effect to Article 11 of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Article 2(1)(c) of the Convention. Repatriation in the event of illness, injury or other medical condition. In its previous comments, the Committee noted that, under section 204(VII) of the Federal Labour Act, employers have the obligation to provide seafarers with food and accommodation, medical treatment and medicines in the event of illness, but that there is no mention of shipowners’ responsibility to bear the cost of repatriation for a sick or injured seafarer who is put ashore during the voyage as a result of illness or injury. The Committee notes the Government’s indication that the Federal Labour Act does not specifically establish the obligation to cover repatriation expenses in such circumstances. However, the Government indicates that this obligation derives from article 123(XXVI) of the Constitution, which provides that employment contracts concluded between a Mexican citizen and a foreign employer shall clearly specify that the cost of repatriation shall be borne by the employer. The Committee observes that this provision of the Constitution does not regulate the repatriation of seafarers on vessels flying the Mexican flag or not under foreign ownership. The Committee once again requests the Government to take the necessary measures to ensure that all seafarers have the right to be repatriated at the expense of the shipowner, in accordance with Article 2(1)(c) of the Convention.

Article 2(1)(e) and (f). Repatriation in the event of the inability of the shipowner to continue to fulfil legal or contractual obligations or in the event that a seafarer does not consent to go to a war zone. In its previous comments, the Committee asked the Government to take steps to ensure that seafarers have the right to be repatriated under the circumstances provided for in Article 2(1)(e) – namely, in the event of the shipowner not being able to continue to fulfil his or her legal or contractual obligations as an employer of the seafarer by reason of bankruptcy, sale of ship or any other similar reason – and in Article 2(1)(f) – namely, in the event of a ship being bound for a war zone to which the seafarer does not consent to go. The Committee notes the Government’s indication that section 204(IX) of the Federal Labour Act guarantees repatriation regardless of the reason. However, the Committee notes with regret that the aforementioned section excludes from its scope situations of separation for reasons that cannot be ascribed to the employer, which can include the cases listed in Article 2(1)(e) and (f). In view of the fact that section 204(IX) of the Federal Labour Act does not give adequate effect to Article 2(1)(e) and (f), the Committee once again requests the Government to take steps to ensure that the shipowner is obliged to bear the cost of repatriation, in accordance with Article 2(1)(e) and (f).

Article 2(1)(g). Repatriation in the event of termination or interruption of employment in accordance with an industrial award or collective agreement. In its previous comments, the Committee drew the Government’s attention to the absence of provisions in the national legislation on the right to repatriation in the event of the interruption or termination of employment in accordance with an industrial award or collective agreement. In this regard, the Committee notes that the Government refers to section 209(V) and (VI) of the Federal Labour Act. However, the Committee notes with regret that the aforementioned section only guarantees repatriation in the event of the loss of the ship through seizure or disaster, or in the event of a change of nationality. Hence it does not cover cases of termination or interruption of employment in accordance with an industrial award or collective agreement. In view of the fact that section 209(V) and (VI) of the Federal Labour Act does not give adequate effect to Article 2(1)(g), the Committee once again requests the Government to take steps to ensure that the shipowner is obliged to bear the cost of repatriation, in accordance with Article 2(1)(g).

Article 2(2). Maximum duration of service periods. In its previous comments, the Committee drew the Government’s attention to the absence of provisions on the maximum duration of service periods on board following which seafarers are entitled to repatriation. In this respect, the Committee notes with regret that the Government refers to sections 6 and 18 of the Federal Labour Act and article 133 of the Constitution. The Committee recalls that Article 2(2) requires national laws or regulations or collective agreements to prescribe the maximum duration of service periods on board following which seafarers are entitled to repatriation. The Committee therefore once again requests the Government to take the necessary steps to ensure that this duration is prescribed by national laws or regulations or collective agreements.

Article 3. Destinations for repatriation. In its previous comments, the Committee drew the Government’s attention to the absence of provisions establishing the right of seafarers to choose from among the prescribed destinations for repatriation. In this respect, the Committee notes that the Government refers to section 209(V) and (VI) of the Federal Labour Act. The Committee notes with regret that the aforementioned section only covers repatriation in the event of the loss of the ship through seizure or disaster, or in the event of a change of nationality for the ship, and does not allow seafarers in such situations to choose between different destinations. The Committee notes with regret the Government’s indication that sections 6 and 18 of the Federal Labour Act and article 133 of the Constitution give effect to Article 3. However, the Committee recalls that Article 3(1) requires national laws or regulations to prescribe the destinations to which seafarers may be repatriated. The Committee therefore once again requests the Government to adopt the necessary legislation to give effect to Article 3.

Articles 4 and 5. Responsibility of the shipowner to arrange for repatriation. In its previous comments, the Committee asked the Government to take steps to ensure the shipowner’s compliance with the obligation to arrange for repatriation through prompt and appropriate means. The Committee notes that the Government refers to section 209(V) and (VI) of the Federal Labour Act. However, the Committee observes that the aforementioned section guarantees repatriation only in the event of the loss of the ship through seizure or disaster, or in the event of a change of nationality for the ship. The Committee notes with regret that these provisions do not cover all the cases of repatriation envisaged in the Convention, do not specify which elements listed in Article 4 must be included in the cost of repatriation, and do not clarify how repatriation is to be arranged if the shipowner fails to make the necessary arrangements in accordance with Article 5. In view of the fact that section 209(V) and (VI) of the Federal Labour Act does not give adequate effect to Articles 4 and 5 of the Convention, the Committee once again requests the Government to take steps to ensure that repatriation is arranged for in accordance with the provisions of the Convention.

Article 6. Passport and other identity documents. In its previous comments, the Committee asked the Government to specify how it is ensured that seafarers who are to be repatriated are able to obtain their passport and other identity documents. The Committee notes that the Government indicates that the National Institute for Migration (INM) is responsible for making arrangements for entry into the countries of repatriation. While noting this information, the Committee recalls that Article 6 seeks to protect seafarers from situations in which they are obliged to surrender their passport to the shipowners, captain or employment agency, as a result of which they could be without an identity document at the time of repatriation. The Committee therefore once again requests the Government to clarify how it is ensured that seafarers can retain their passport or other identity documents for the purpose of repatriation.

Article 7. Paid leave. In its previous comments, the Committee drew the Government’s attention to the fact that the national legislation does not contain any provision ensuring that time spent awaiting repatriation and repatriation travel time is not deducted from paid leave accrued to the seafarer. The Committee notes that the Government refers to the direct application of the Convention and indicates that sections 6 and 18 of the Federal Labour Act and article 133 of the Constitution give effect to Article 7. The Committee notes this information, which responds to its previous requests.

Article 12. Availability of the text of the Convention in an appropriate language. In its previous comments, the Committee asked the Government to indicate the manner in which the text of the Convention in an appropriate language is made available to the crew members of every ship registered in its territory. The Committee notes the Government’s indication that consultations will be held with the Merchant Shipping Department on the possibility of disseminating the text of the Convention in English and Spanish to the crew members of every seagoing vessel registered in its territory. The Committee requests the Government to provide up-to-date information, further to consultations with the Merchant Shipping Department, on the application of this provision of the Convention.

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

The Committee notes the reports provided by the Government on the application of its ratified maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3(1) and (4). Safeguards for the signature of the agreement. In its previous comments, the Committee drew the Government’s attention to the absence of provisions in law to ensure that seafarers are given an opportunity to examine the agreement before signing, with an understanding of its clauses. The Committee notes the Government’s indication that, under the terms of section 530(I) of the Federal Labour Act, the Office of the Federal Prosecutor for the Defence of Labour (PROFEDET), which has delegations in each federal entity, includes among its responsibilities the representation and provision of advice to workers and their unions, if they so request, in relation to any authority on matters regarding the application of labour standards. The Committee nevertheless observes that there are no specific provisions giving effect to the Convention. While noting this information, the Committee firmly requests the Government to indicate the manner in which it is ensured that seafarers benefit from the facilities envisaged in this Article of the Convention.

Article 6(3)(10). Information to be included in the agreement. Conditions for the termination of the agreement. In its previous comments, the Committee noted that section 195 of the Federal Labour Act does not include, among the indications which shall be provided in writing in the agreement, the conditions for the termination of the agreement. In view of the absence of further information on this subject, the Committee firmly requests the Government to take the necessary measures to ensure that the agreement shall contain the conditions for its termination, that is to say: (i) if the agreement has been made for a definite period, the date fixed for its expiry; (ii) if it has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer shall be discharged; and (iii) if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for the shipowner than for the seafarer, as required by this Article of the Convention.

Article 7. Crew list. The Committee notes that various sections of Chapter VI of the Regulations issued under the Maritime Shipping and Commerce Act include the crew list among the requirements for the authorization of the arrival and departure of marine vessels and craft. Noting the absence of provisions in the Regulations specifying whether the agreement shall be recorded or annexed to the list of crew, in accordance with Article 7 of the Convention, the Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 8. Information on conditions of employment available on board. In its previous comments, the Committee drew the Government’s attention to the need to ensure that clear information may be obtained on board by seafarers as to their conditions of employment. In this regard, the Committee notes that section 194 of the Federal Labour Act provides that terms and conditions of employment shall be indicated in writing and that a copy shall be provided to each party, another shall be communicated to the Port Authority or the nearest Mexican consul, and a fourth to the labour inspectorate in the location that shall be determined. The Government adds that section 132(XVIII) of the Act provides that the employer shall be required to display visibly and disseminate in the workplace the full text of the collective labour contract or contracts applicable in the enterprise. The Committee notes this information with interest.

Article 9(1). Termination of the agreement. For many years, the Committee has been noting that section 209(III) of the Federal Labour Act, which provides that employment relationships may not be terminated when the vessel is abroad, in unpopulated areas or in port, in the event in the latter case that the vessel is exposed to any risk due to bad weather or other circumstances, is not in conformity with this provision of the Convention which provides that an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given. The Government indicates in this respect that the purpose of this provision is not to prevent the possibility of terminating the agreement, but to protect the seafarer in situations of risk by reason of being outside the country, in unpopulated areas or subject to bad weather, thereby safeguarding the seafarer’s safety and health. The Committee notes that this explanation does not reply to its request in the sense that the termination of the agreement must be carried out in any port where the vessel loads or unloads. The Committee therefore firmly requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.

Article 14(1). Discharge. The Committee notes the copy of the new maritime book and identity document communicated by the Government, which contains spaces to record the duties performed on board, including the dates of embarkation and discharge. Nevertheless, the Committee notes that this copy of the workbook does not include a space to enter the expiry or termination of the agreement, whatever the reason. The Committee firmly requests the Government to take the necessary measures to ensure that any discharge is recorded in the document issued to the seafarer, under the terms of Article 5, in accordance with the provisions of Article 14.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Article 6. Repatriation expenses. The Committee refers to the comments that it is making on this subject in relation to the Repatriation of Seafarers Convention (Revised), 1987 (No. 166).

Article 8. Safeguarding property left on board. In its previous comments, the Committee requested the Government to indicate any legal provisions which give effect to this Article of the Convention. In this regard, the Committee notes that sections 27 and 28 of the Maritime Shipping and Commerce Act provide that the master of the vessel shall be responsible for the vessel, as well as for its crew, passengers, cargo and the legal acts carried out, and that the master shall exercise authority in relation to the persons and property on board. The Committee notes this information.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2(3). Detailed statistics on occupational accidents. For many years, the Committee has been drawing the Government’s attention to the need to adopt provisions requiring that statistics on occupational accidents on board ship clearly indicate the department (for example, deck, engine or catering) and the area (for example, at sea or in port) where the accidents occurred. The Committee notes the Government’s indication that Official Mexican Standard NOM-021-STP-1993 is being updated. The Committee notes that this Standard applies to all workplaces, and does not specify the manner in which it applies to accidents that occur on vessels. The Committee once again requests the Government to take the necessary measures to ensure that statistics on occupational accidents are compiled in conformity with the provisions of this Article of the Convention.

Article 3. Research into general trends and hazards of maritime employment. The Committee recalls that this Article of the Convention requires research to be undertaken into general trends and into such hazards as are brought out by statistics in order to provide a sound basis for the prevention of accidents which are due to particular hazards of maritime employment. The Committee notes that the information provided by the Government on this subject is of a general nature and does not refer to research undertaken in this regard. The Committee once again requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 4(2) and (3)(d). Measures for the prevention of occupational accidents. For many years, the Committee has been noting the Government’s indication that the Crew Safety Manual is being revised. The Committee notes the Government’s indication that the Manual is prepared and revised by shipping enterprises and operators, in accordance with the provisions of Official Mexican Standard NOM-036-SCT4-2007 on the administration of operational security and the prevention of contamination by maritime vessels and craft, and that this is verified solely by the maritime authority. The Committee notes that the Official Standard to which the Government refers does not include provisions on specific aspects for the prevention of occupational accidents which are peculiar to maritime employment, such as structural features of the ship, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention and firefighting, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment for seafarers. Noting the gaps in the Mexican legislation, the Committee firmly requests the Government to take the necessary measures to ensure that the standards applicable to seafarers for the prevention of accidents and the protection of health in employment specify these matters.

Article 6(3) and (4). Enforcement measures. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the inspection authorities are familiar with maritime employment and its practices and to make available to seafarers copies or summaries of the legal provisions on the prevention of accidents. The Committee notes the Government’s indication that to conduct inspections on vessels and platforms at sea, inspectors are required to have the “sea book”, which is obtained by completing the “Basic security course on platforms and embarkations” provided by the Training and Skills Board for the Personnel of the National Merchant Navy (FIDENA). The Government adds that section 132(XVIII) of the Federal Labour Act establishes the requirement for employers to display visibly and disseminate in workplaces the principal provisions of Mexican regulations and Official Standards on occupational safety, health and the working environment, together with the full text of the collective labour contract or contracts in force in the enterprise, as well as making information available to workers on the risks and hazards to which they are exposed. The Committee notes this information.

Article 8. Programmes for the prevention of occupational accidents. In its previous comments, the Committee requested the Government to provide information on the establishment and implementation of programmes for the prevention of accidents among seafarers arising from or occurring during employment. In reply to this request, the Government once again provides information on laws, regulations and safety and health programmes that are general in scope, although the Convention requires the establishment of specific maritime programmes with the cooperation of shipowners’ and seafarers’ organizations. The Committee firmly requests the Government to take the necessary measures for the establishment and implementation of programmes that give effect to this provision of the Convention.

Seafarers’ Welfare Convention, 1987 (No. 163). Articles 2, 5 and 6. Welfare facilities and services in ports and on board ship. Review of welfare facilities and services. International cooperation. In its previous comments, the Committee requested the Government to provide information on the facilities and services provided by seafarer centres located in the various ports in the country. The Committee also requested the Government to indicate how it is ensured in law and practice that welfare facilities and services for seafarers are reviewed frequently, and to indicate the measures adopted in the field of international cooperation, as required by Article 6 of the Convention. In view of the lack of new information on these matters, the Committee firmly requests the Government to take the necessary measures to give effect to these Articles of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164). Article 4(c). Right to visit a medical doctor. In its previous comments, the Committee requested the Government to indicate the legal provisions which guarantee the right of seafarers to visit a doctor without delay in ports of call, whether they are in the flag State or a third country. Noting that the Government’s reply does not address the issue raised, the Committee firmly requests it to take the necessary measures to guarantee seafarers the right to visit a doctor without delay in ports of call where practicable.

Article 5(4) and (5). Inspection at regular intervals of the medicine chest. Checking of the labelling. In its previous comments, the Committee noted the absence of measures in national maritime laws and regulations to give effect to the specific requirements relating to the regular inspection of the medicine chest on board at intervals not exceeding 12 months and the checking of the labelling, expiry dates and conditions of storage of all medicines contained in the medicine chest. In view of the absence of new information on these matters, the Committee once again requests the Government to take the necessary measures to bring the national legislation into conformity with these provisions of the Convention.

Article 7. Medical advice by radio or satellite communication. For many years, the Committee has been requesting the Government to indicate the manner in which this Article of the Convention is enforced and applied in practice. The Committee notes the Government’s indication that section 48 of the Regulations on the inspection of maritime security provides that vessels authorized for coastal navigation shall be equipped for radio communication. The Government also indicates that Mexican legislation does not include specific provisions on these matters. The Committee reminds the Government that the sole existence of radio communication equipment on board is not sufficient to ensure the availability of medical advice on vessels on the high seas at any time free of charge in the form and in accordance with the requirements set out in the Convention. It therefore requests the Government to take the necessary measures to effectively implement this Article of the Convention.

Article 8. Presence of a medical doctor on board ships. The Committee notes that the Regulations on maritime security inspection, published on 12 May 2004, which replaced the Regulations on the naval inspection service of 1945, which required a vessel transporting more than 50 persons and engaged in a voyage of over 24 hours to have a medical surgeon on board, do not require the presence of a medical doctor on board the vessels to which they are applicable. The Government indicates that section 204(VIII) of the Federal Labour Act provides that employers are required to carry on board the medical care personnel and materials established by the laws and provisions on water transport. The Committee notes that this provision does not specify the vessels or categories of vessels which are required to carry a medical doctor as a member of the crew, taking into account, inter alia, such factors as the duration, nature and conditions of the voyage, and the number of seafarers on board. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

Article 9. Persons in charge of medical care. In its previous comments, the Committee requested the Government to provide information on the specific courses for persons in charge of medical care on board vessels who are not doctors. In its reply, the Government indicates that the Nautical Schools of Mazatlàn, Tampico and Veracruz, and the Educational Centre of Campeche, provide courses on basic first aid and medical care. The Government adds that, under the terms of section 49(VI) of the Federal Regulations on occupational safety and health, employers are required to support the updating of the skills of those in charge of internal preventive occupational medicine services. The Committee recalls that the training courses have to be approved by the competent authority and based on the contents of the most recent edition of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, published by the IMO, and the medical section of the International Code of Signals, as well as similar national guides. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 11. Hospital accommodation. For many years, the Committee has been drawing the Government’s attention to the fact that the national legislation does not give effect to this provision of the Convention. The Committee notes the Government’s indication that section 49 of the Federal Regulations on occupational safety and health regulate the provision of internal and external preventive occupational medicine services. The Committee notes that these Regulations are of a general nature and do not contain provisions determining the type of vessel in which the provision of separate hospital accommodation is required, or the description of the characteristics of hospital accommodation on board, in accordance with the requirements of this Article of the Convention. The Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166). Article 2(1)(c). Repatriation in the event of illness, injury or other medical condition. In its previous comments, the Committee noted that section 204(VII) of the Federal Labour Act does not include among the obligations of employers in the event of illness or accident to a seafarer the requirement to pay repatriation costs. In its reply, the Government indicates that section 204(IX) provides that employers are required to repatriate workers or transfer them to the agreed destination, except in cases of discharge for reasons not attributable to the employer. Recalling that this provision of the Convention establishes the requirement for the repatriation of the seafarer by the employer in the particular event of illness or injury or other medical condition in which it is so required, the Committee firmly requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

Article 2(1)(e) and (f). Repatriation in the event of the inability of the shipowner to fulfil legal or contractual obligations. Ship bound for a war zone. In its previous comments, the Committee requested the Government to indicate the provisions of the legislation which guarantee the right of the seafarer to repatriation in the event of bankruptcy or the sale of the ship, and of a ship being bound for a war zone, to which the seafarer does not consent to go. The Committee notes the Government’s indication that section 33 of the Navigation and Commerce Act provides that, in the event that a vessel flying a foreign flag is in Mexican navigable waterways and the competent maritime authority presumes that the crew has been abandoned or is at risk of loss of life or physical safety, the procedure for the coordination of competencies between administrative authorities in the event of failure in the duty of care for foreign crews on foreign vessels shall be applied. The Committee notes that section 33 of the Navigation and Commerce Act refers to vessels flying foreign flags, while the Convention applies to vessels flying the flag of the State. The Committee firmly requests the Government to take the necessary measures to ensure that seafarers embarked on vessels registered in Mexico have the right to repatriation in the situations envisaged in these provisions of the Convention.

Article 2(1)(g). Termination or interruption of employment in accordance with an industrial award or collective agreement. In its previous comments, the Committee drew the Government’s attention to the absence of provisions in the national legislation on the right to repatriation in the event of the interruption or termination of employment in accordance with an industrial award or a collective agreement. In its reply, the Government indicates that the General Labour Act, as amended in 2012, guarantees the repatriation of seafarers by updating the penalties to which shipowners are liable in the event of failure to pay the costs relating to these obligations. The Committee notes that the Government’s reply does not address the question raised. The Committee therefore firmly requests the Government to take the necessary measures to ensure that seafarers are entitled to repatriation in the situations envisaged in this Article of the Convention.

Article 2(2). Maximum duration of service periods. For many years, the Committee has been drawing the Government’s attention to the absence of provisions on the maximum duration of service periods on board which entitles seafarers to repatriation. In view of the absence of progress in this regard, the Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 3(2). Destinations of repatriation. For several years, the Committee has been drawing the Government’s attention to the absence of provisions establishing the right of seafarers to choose from among the prescribed destinations for repatriation. The Committee notes the Government’s indication that section 196 of the Federal Labour Act provides that, when the written contract is for a definite or indefinite period, the port to which the worker shall be returned shall be determined and, in the absence of such determination, the place in which the seafarer was taken on board shall be taken as the destination determined. The Committee notes that this section only covers the determination of the port to which the worker shall be returned in cases of contracts for definite or indefinite periods, and does not extend this right to cases of contracts for a voyage or for voyages, as envisaged in section 195(IV) of the Act. Moreover, this section is confined to providing that the port of return shall be determined, without explicitly providing that seafarers may choose the destination of repatriation, nor the options within which they may make that choice. The Committee once again requests the Government to take the necessary measures to bring the legislation into conformity with Article 3(2) of the Convention.

Articles 4 and 5. Responsibility of the shipowner to arrange for repatriation. For many years, the Committee has been drawing the Government’s attention to the need to take measures to ensure that full effect is given to these Articles of the Convention. The Committee notes the Government’s indication that section 28(a) of the Federal Labour Act provides that repatriation shall be the responsibility of the contracting employer in the case of Mexican workers engaged in work outside the Republic who are covered by contracts concluded on the national territory. The Committee notes that this section only applies to Mexican workers engaged in work abroad, while the Convention applies to any seafarer employed on board a seagoing vessel registered in the territory of any Member. The Committee also notes that this provision does not cover the following aspects which are regulated by the Convention: (i) the competent authority shall meet the costs of repatriation if the shipowner fails to make the necessary arrangements (Article 5(1)(a)); (ii) the normal mode of transport for repatriation of seafarers shall be by air (Article 4(1)); and (iii) the costs to be borne by the shipowner in relation to repatriation shall include not only the passage, but also accommodation, food, pay and allowances and medical treatment when necessary from the moment that the seafarer leaves the ship until he or she reaches the repatriation destination (Article 4(4)). The Committee firmly requests the Government to take the necessary measures to bring national law and practice into conformity with these provisions of the Convention.

Article 6. Passport and other identity documents. In its previous comments, the Committee requested the Government to specify how it is ensured that seafarers who are to be repatriated are able to obtain their passport and other identity documents for the purposes of repatriation. In its reply, the Government indicates that the National Migration Institute (INM) is responsible for making the necessary arrangements concerning such documents, with the aim of carrying out the repatriation of seafarers who require it. Recalling that this provision of the Convention is intended to guarantee that seafarers can retain their passport or other identity documents for the purpose of repatriation, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

Article 7. Paid leave. In its previous comments, the Committee noted that the national legislation does not contain any provision ensuring that time spent awaiting repatriation and repatriation travel time shall not be deducted from paid leave accrued to the seafarer. In view of the absence of relevant information on this subject, the Committee firmly requests the Government to take the necessary measures to give effect to this Article of the Convention.

Article 12. Availability of the text of the Convention in an appropriate language. In its previous comments, the Committee requested the Government to indicate the manner in which the text of the Convention in an appropriate language is made available to the crew members of every ship registered in its territory. The Committee notes that the Government has not provided further information on this subject. The Committee firmly requests the Government to take the necessary measures to give effect to this provision of the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 1(1) of the Convention. Welfare facilities and services. The Committee notes the information provided by the Government in its report regarding the scope of application of collective agreement 1025/90 concluded between the Maritime company TMM and the Association of Captains and Naval Pilots, section 56 of which provides for on board facilities such as colour television, video players, books and board games. The Committee also notes the Government’s reference to various provisions of other collective agreements which nonetheless relate to social security coverage and medical treatment of seafarers and therefore bear no relevance with the requirements of this Convention. The Committee recalls, in this connection, that the term “welfare facilities and services” for the purposes of this Convention means welfare, cultural, recreational and information facilities and services and draws the Government’s attention to paragraphs 11, 12 and 23 of the Seafarers’ Welfare Recommendation, 1987 (No. 173), which provides further guidance in this regard.

Article 2. Welfare facilities in port and on board ship. The Committee recalls that, in an earlier report, the Government mentioned that there were six seafarer centres (Casas del Marino) in Mexico. However, detailed particulars on the welfare facilities and services that these centres might offer have never been provided. In addition, the Committee notes that section 214 of the Federal Labour Act provides for the issuance of regulations on the financing and operation of the seafarer centres and the contributions of employers. The Committee requests the Government to supply further information concerning the facilities and services offered in the seafarer centres located in the ports of Veracruz, Manzanillo Colima and Mazatlán. Furthermore, the Committee requests the Government to clarify whether any regulations have so far been issued under section 214 of the Federal Labour Act.

Articles 5 and 6. Review of welfare facilities and services – International cooperation. In the absence of information addressing this point, the Committee requests the Government to indicate how it is ensured in law and practice that welfare facilities and services for seafarers are frequently reviewed, as required by Article 5 of the Convention. In addition, the Committee recalls that the Convention calls for international cooperation with a view to ensuring the application of its provisions, and therefore requests the Government to indicate any measures taken or envisaged in this respect.

Part V of the report form. Practical application. The Committee would be grateful if the Government could provide information on the manner in which the Convention is applied in practice, including, for instance, the nature, location and number of welfare facilities and services in Mexican ports and on board Mexican-flagged ships, relevant clauses of applicable collective agreements, any projects or programmes currently implemented with the assistance of the International Committee on Seafarers’ Welfare (ICSW), as well as any difficulties encountered in the application of the Convention.

Finally, the Committee seizes this opportunity to recall that most of the provisions of Convention No. 163 have been incorporated in Regulation 4.4, Standard A3.1(17) and Guideline B3.1.11 of the MLC, 2006, and therefore ensuring compliance with Convention No. 163 would 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 further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information sent by the Government in its report. It draws the Government’s attention to the following point.

Article 1, paragraph 1(b) of the Convention. Welfare facilities and services provided for seafarers on board ships. In reply to the Committee’s previous comments, the Government quotes an extract from collective agreement 1025/90, under which the enterprise bound by the agreement is required to provide leisure facilities and services (colour television, video recorder, videos, books, etc.) to seafarers on board its ships. The Committee would be grateful if the Government would indicate whether the abovementioned collective agreement is enforceable and applies country-wide, and if not, to state whether there are other collective agreements in this area. Please also provide a copy of collective agreement 102/90.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the information sent by the Government in its report. It draws the Government’s attention to the following point.

Article 1, paragraph 1(b), of the Convention. Welfare facilities and services. In its previous comments, the Committee asked the Government to send information on the nature, location and number of welfare facilities and services on board seagoing ships and on commercial fishing vessels, which are also covered by the Convention, and on the number of seafarers having access to such facilities and services. In its report, the Government again refers to section 204 of the Federal Labour Act, which requires the ship’s master, inter alia, to provide seafarers with clean and comfortable accommodation, healthy and nutritious food and medical or any other therapeutic treatment in the event of sickness. It also indicates the number of seafarers that have made use of the services made available to them in ports at the casas del marino.

The Committee reminds the Government that, for the purposes of the Convention, the term “welfare facilities and services” means welfare, cultural, recreational and information facilities and services. The Seafarers’ Welfare Recommendation, 1987 (No. 173) (the text of which is reproduced in the report form) gives examples of welfare, cultural, recreational and information facilities and services that can be made available to seafarers. They may include facilities for religious observance, recreation rooms, and facilities at sea for libraries, table games, the projection of films, etc. The Committee accordingly asks the Government to provide detailed information in its next report on the welfare services and facilities made available to seafarers “on seagoing vessels” and commercial fishing vessels.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. It also notes comments on the application of the Convention made by the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN). With reference to these comments, the Committee asks the Government to provide information on the practical application of the Convention as concerns commercial maritime fishing (Article 1, paragraph 3, of the Convention). Referring also to its previous direct request, the Committee asks the Government to provide information on the nature, location and number of welfare services and facilities on board ships and the number of seafarers having access to these services and facilities (Part V of the report form).

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

The Committee notes the Government's statement in its report to the effect that the General Directorate of the Merchant Navy and the Education and Training Trust of Merchant Navy Personnel is responsible for the application and observance of the Convention. The Committee also notes that both institutions guarantee to provide the benefits established in law to crew in the Naval Academy (Náutica México). The Committee asks the Government to supply information on the following provisions, some of which have been the subject of its previous comments:

Article 1, paragraph 2, of the Convention. The Committee notes the information provided by the Government in respect of the various naval vessels and structures included in the legislation. The Committee again requests the Government to indicate which vessels are considered to be seagoing for the purposes of the Convention and to provide information concerning the consultations which have been held in accordance with this paragraph of the Convention.

Article 1, paragraph 3. The Committee had requested the Government to indicate the extent to which the Convention applies to commercial maritime fishing and to provide information on the consultations which have been held with the representative organizations of fishing-vessel owners and fishermen in this regard. The Committee notes the Government's statement in its report to the effect that the Act respecting fishing and the National Regulation of the Ministry for Fisheries give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the above legislative texts.

Article 2, paragraph 1. With reference to its previous comments, the Committee notes the Government's statement in its report to the effect that "seafarers' houses" provide economical accommodation and meals to seafarers. The Committee had also requested information concerning welfare facilities and services offered on board all vessels covered by the Convention. In this regard, the Committee notes the information provided by the Government in its report to the effect that accommodation, meals, cultural activities and recreation (libraries, sports facilities and smoking lounges) are provided to crew members of the respective maritime agencies. The Committee also refers to the Seafarers' Welfare Recommendation, 1987 (No. 173) (the text of which is reproduced in the report form), which provides examples in respect of the welfare facilities and services, recreation and information that should be provided to seafarers in port and on board ship, and requests the Government to continue to provide information in respect of the facilities and services which are provided to seafarers.

Article 2, paragraph 2. The Committee notes the information that the "seafarers' houses" are supported by modest contributions of national or foreign commercial vessels according to their respective tonnage. The Committee requests the Government to provide more full and detailed information in respect of the arrangements made for financing the welfare facilities and services provided in port and, in particular, in respect of the upkeep of "seafarers' houses".

Article 3, paragraph 2. The Committee notes the Government's statement relative to the effects given to this provision in the ports of Tampico, Veracruz and Mazatlán. The Committee again requests the Government to provide information in respect of consultations held in compliance with this Article of the Convention.

Article 4. In its previous comments, the Committee had requested the Government to provide information relative to the purpose of the inspections undertaken by the General Directorate of the Federal Labour Inspection Service and the General Directorate of Ports and the Merchant Navy and how the above Directorates ensure that the welfare facilities and services on every seagoing vessel are made available to all seafarers on board. The Committee notes that the Government has not provided a direct response to its previous request and, consequently, is bound to reiterate its request that the Government provides this information in its next report. The Committee had also requested information in respect of the review of the regulations governing the Naval Deck and Engines Inspection Service and to provide a copy of the definitive text in this regard. The Committee also notes the Government's statement in its report to the effect that the revision of these regulations have not been completed. The Committee requests the Government to provide a copy of the regulations as soon as they have been completed.

Article 5. The Committee notes the information provided by the Government in its report to the effect that the welfare facilities and services are constantly reviewed. The Committee requests the Government to indicate in its next report which are the welfare facilities and services most frequently reviewed in ports (in particular, in the ports of Tampico, Veracruz and Mazatlán) as well as the manner in which the needs of seafarers resulting from technical, operational and other developments in the shipping industry are taken account of.

Article 6. The Committee notes the information provided by the Government in its report to the effect that it has cooperated in various agreements, promptly applying the agreements adopted and in the manner required in each case. The Committee would be grateful if the Government would provide a copy of the above agreements and more detailed information in respect of their practical application. The Committee also requests the Government to indicate the measures adopted or envisaged to ensure the application of paragraph (b) of this Article of the Convention.

Point V of the report form. The Committee notes that the information provided by the Government in its report does not correspond with the statistical information required under this point of the report form, namely the nature, location and number of welfare services and facilities in ports and on board ships and the number of seafarers having access to these services and facilities. Consequently, the Committee hopes that the Government will provide the information required in its next report.

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

The Committee notes the information supplied in the Government's first report on the Convention. It finds that the legislation referred to in the report is not relevant to the application of the Convention, with the possible exception of the Act respecting shipping and maritime trade, of which the Committee does not have the text. The Committee requests the Government to supply the text of the above Act with its next report. The Committee would also be grateful if the Government would supply additional information on the following points:

Article 1, paragraph 2, of the Convention. Please indicate what ships are considered to be sea-going for the purposes of the Convention and give information on the consultations which have taken place in accordance with this paragraph.

Article 1, paragraph 3. Please indicate to what extent the provisions of the Convention are applied to commercial maritime fishing and give information on the consultations which have taken place in accordance with this paragraph.

Artice 2, paragraph 1. The Committee notes the information supplied by the Government in its report to the effect that it is compulsory, under the terms of section 132(XXV) of the Federal Labour Act, for all employers to contribute to the encouragement of cultural and sporting activities, and that Petróleos Mexicanos, which has the largest number of ships and crew members, provides the above services to its employees. It also refers to the existence of "seafarers' houses", through which hospitality is provided in ports to seafarers engaged on both Mexican and foreign ships. The Committee would be grateful if the Government would indicate how it is ensured in practice that adequate welfare facilities and services are provided for seafarers who do not benefit from the services provided by Petróleos Mexicanos, with an indication of the facilities and services provided. The Government is also requested to describe the facilities and services which are provided to seafarers on board ship.

Article 2, paragraph 2. The Committee would be grateful if the Government would indicate how the facilities and services provided by Petróleos Mexicanos are financed, with an indication of the measures which have been taken to finance the facilities and services provided to seafarers who are not employed by the above enterprise in port and on board ship.

Article 3, paragraph 2. Please indicate which ports are regarded as appropriate for the purpose of this Article. Please also give information on the consultations which have taken place in accordance with this Article.

Article 4. The Committee notes the information supplied by the Government in its report to the effect that the function of inspection is the responsibility of the General Directorate of the Federal Labour Inspection Service, and that the General Directorate of Ports and the Merchant Navy ensures the observance of the legislation relating to the Convention. In this respect, the Committee also notes that the regulations governing the Naval Deck Inspection Service and the Naval Machinery Inspection Service are currently being revised. The Committee would be grateful if the Government would give a clear indication of the purpose of the inspections undertaken by the above bodies, with an indication of how these contribute to ensuring that the welfare facilities and services on every sea-going ship which is registered in Mexico are provided for the benefit of all seafarers on board. Please also keep the Office informed of the above revision and supply the text of the above regulations.

Article 5. Please indicate at what intervals welfare services and facilities are reviewed.

Article 6. Please indicate the measures taken to bring about the cooperation provided for in this Article.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied, including copies of any relevant collective agreements, and provide information on the number of seafarers, both Mexican and foreign, who have access to the welfare services and facilities provided in port.