Seafarers' Pensions Convention, 1946 (No. 71) - Djibouti (Ratification: 1978)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2. Pension scheme coverage for seafarers.In its previous comment, the Committee noted the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS) and requested the Government to clarify if affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits. The Committee notes the information provided by the Government in its report, specifying that, in principle an employer must declare his employees to the CNSS. The Committee takes note of this information and once again requests the Government to indicate whether there are any categories of seafarers that are excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. With respect to its previous comments on section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 that raised the age of retirement from 55 to 60 years, the Committee notes the absence of reply by the Government in its report to its request on the impact of the age increase on the rates of contribution for shipowners and seafarers and pensions’ amount and replacement rates. However, the Committee notes that, pursuant to section 51 of Act 154/AN/02/4ème L of 31 January 2002 as modified by Act No. 212/AN/07/5ème L of 19 January 2008 on the creation of the CNSS, old-age pension is calculated on the basis of the average salary of the last ten years, with an annuity rate of 2 per cent for the years up to 2001, of 1.8 per cent for the years between 2002 and 2006, and of 1.5 per cent from 2007.

The Committee recalls that, according Article 3 (1) (a) (ii) of the Convention, the pension must be at a rate not less than the total obtained by computing for each year of his sea service 2 per cent of the remuneration on the basis of which contributions were paid, if the pension scheme provides pensions at the age of 60 years. The Committee requests the Government to indicate how it ensures that the 2 per cent of remuneration is computed for each year of sea service for seafarers who are registered to the CNSS, following the increase in the retirement age to 60 years. .

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

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

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

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

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

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics, if available, indicating the total number of seafarers affiliated to the CNSS pension scheme and any difficulties encountered in the application of the Convention.

Finally, the Committee draws the Government’s attention to the fact that Convention No. 71 is one of the few ILO Conventions concerning maritime labour which has not been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It therefore remains fully relevant with respect to seafarers’ pensions. Moreover, Regulation 4.5, Standard A4.5 and Guideline B4.5 of the MLC, 2006, are aimed at the adoption of measures by member States to progressively achieve comprehensive social security protection for seafarers. The Committee therefore hopes that the Government will consider ratifying the MLC, 2006, in order to progressively extend the social protection enjoyed by seafarers to all branches of social security listed therein.

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

Article 2 of the Convention. Pension scheme coverage for seafarers. The Committee notes from the Government’s submission the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS), section 3 of which states that the CNSS is responsible for the provision of old-age pension benefits. It notes that, under section 7 of this Act, the persons entitled to CNSS benefits and services are workers who have contributed to the general scheme administered by the Social Protection Organization (OPS) and to the special schemes administered by the National Retirement Fund (CNR). The Committee notes that, under section 3 of Act No. 154/AN/02/4ème L of 31 January 2002 codifying the operation of the OPS and the general retirement scheme for salaried employees, affiliation to the OPS was compulsory for all independent public and private employers or users of labour. It also notes that, under the terms of section 4, the persons entitled to OPS benefits and services were workers who, in the context of their employment, contributed or had previously contributed, to this body. It is the Committee’s understanding that seafarers employed by shipowners previously affiliated to the OPS are now covered by the CNSS with respect to retirement pensions. The Committee requests the Government to supply further information on this point, clarifying whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti and indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee recalls that the pension scheme for seafarers must comply with one of the following conditions: (a) the amount of retirement pension (including any other social security pension payable simultaneously to the pensioner) must not be less than the total obtained by computing for each year of his/her sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him/her for that year if the scheme provides pensions on attaining the age of 55 years, or 2 per cent of such remuneration if the scheme provides pensions at the age of 60 years; or (b) the pensions provided by the scheme (including any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants of deceased pensioners) shall be financed by premiums corresponding to not less than 10 per cent of the total remuneration used as the basis for the calculation of contributions.

The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. The Committee requests the Government to supply information enabling it to assess whether seafarers enjoy retirement pensions whose replacement rate meets at least the standards established by Article 3(1)(a) of the Convention. The Committee also requests the Government to supply information on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme so that it can assess whether these combined rates correspond to the minimum prescribed by Article 3(1)(b) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to supply information on the application of the Convention in practice, especially statistics, if available, indicating the total number of seafarers affiliated to the CNSS pension scheme and any difficulties encountered in the application of the Convention.

Finally, the Committee draws the Government’s attention to the fact that Convention No. 71 is one of the few ILO Conventions concerning maritime labour which has not been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It therefore remains fully relevant with respect to seafarers’ pensions. Moreover, Regulation 4.5, Standard A4.5 and Guideline B4.5 of the MLC, 2006, are aimed at the adoption of measures by member States to progressively achieve comprehensive social security protection for seafarers. The Committee therefore hopes that the Government will consider ratifying the MLC, 2006, in order to progressively extend the social protection enjoyed by seafarers to all branches of social security listed therein.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, as the number of seafarers in Djibouti is very small, they are subject to the general retirement scheme for salaried employees and that the special pension insurance scheme for seafarers envisaged in section 142 of the Code of Maritime Affairs has not accordingly been established. The Committee would be grateful if the Government would indicate in its next report whether, as the Committee understands, the pensions scheme for salaried employees is governed by Act No. 154/AN/02/4ème of 31 January 2002 codifying the operation of the Social Protection Organization (OPS) and the general retirement scheme for salaried employees. This legislation guarantees, in accordance with the Convention, the right for salaried employees who have reached the age of 55 years to benefit from a pension at the rate of 2 per cent or 1.5 per cent (depending on the year of retirement) for all insurance annuities applied to the average wage for the past ten years subject to a ceiling.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the information provided by the Government in reply to its previous comments. It notes that, as the number of seafarers in Djibouti is very small, they are subject to the general retirement scheme for salaried employees and that the special pension insurance scheme for seafarers envisaged in section 142 of the Code of Maritime Affairs has not accordingly been established. The Committee would be grateful if the Government would indicate in its next report whether, as the Committee understands, the pensions scheme for salaried employees is governed by Act No. 154/AN/02/4ème of 31 January 2002 codifying the operation of the Social Protection Organization (OPS) and the general retirement scheme for salaried employees. This legislation guarantees, in accordance with the Convention, the right for salaried employees who have reached the age of 55 years to benefit from a pension at the rate of 2 per cent or 1.5 per cent (depending on the year of retirement) for all insurance annuities applied to the average wage for the past ten years subject to a ceiling.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that according to the information supplied by the Government in its latest report no measures have been taken for the purpose of establishing a pension scheme for seafarers, as provided for by section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Government indicates in this regard that such a scheme will be established in due course when there is a sufficient number of seafarers in the country. In these circumstances, the Committee once again expresses the hope that the Government will be able to indicate in its next report the adoption of measures constituting tangible progress in the establishment of a pension scheme for seafarers in accordance with the provisions of the Convention. Meanwhile, it requests the Government to indicate in what manner the protection provided by the Convention is guaranteed for seafarers employed on board vessels registered in Djibouti.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that according to the information supplied by the Government in its latest report no measures have been taken for the purpose of establishing a pension scheme for seafarers, as provided for by section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Government indicates in this regard that such a scheme will be established in due course when there is a sufficient number of seafarers in the country. In these circumstances, the Committee once again expresses the hope that the Government will be able to indicate in its next report the adoption of measures constituting tangible progress in the establishment of a pension scheme for seafarers in accordance with the provisions of the Convention. Meanwhile, it requests the Government to indicate in what manner the protection provided by the Convention is guaranteed for seafarers employed on board vessels registered in Djibouti.

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

The Committee notes from the Government's last report that no progress has been made in applying the Convention and that there is still no pension scheme for seafarers, as provided for by the Convention and section 142 of Act No. 212/AN/82 issuing the Shipping Code. The Committee notes, however, the Government's statement in its report on the application of Convention No. 56, that it will do its utmost to adopt legislation to implement the above Act. It hopes that the Government's next report will contain information on any progress made in establishing a pension scheme for seafarers.

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

The Committee notes from the information supplied by the Government that no progress has been made in implementing the Convention. It recalls that to date no pensions scheme exists for seafarers, as required by the Convention and by section 142 of Act No. 212/AN/82 to issue the Maritime Code. The Committee therefore trusts that the Government will do everything within its power, in accordance with its assurances, to adopt the texts to implement the above Act with regard to pension insurance for seafarers. It asks the Government to indicate any progress made in this respect.

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

The Committee notes that the Government's report has not been received. It recalls that, according to the information supplied by the Government in its last report, no progress had been made in the application of the Convention. 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:

The Committee notes that by virtue of section 142 of Act No. 212/AN/82 to issue the Maritime Code, seafarers come under a special scheme for retirement benefit that is yet to be set up. It also notes that in the drafting of the regulations to be issued under the new Code the responsible services will take account of the Convention. The Committee hopes that the necessary measures in this connection will be taken in the near future and asks the Government to report any progress realised.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's report that no progress has been made in the application of the Convention. It therefore has to repeat its previous comment, which read as follows:

The Committee notes that by virtue of section 142 of Act No. 212/AN/82 to issue the Maritime Code, seafarers come under a special scheme for retirement benefit that is yet to be set up. It also notes that in the drafting of the regulations to be issued under the new Code the responsible services will take account of the Convention. The Committee hopes that the necessary measures in this connection will be taken in the near future and asks the Government to report any progress realised.