Maritime Labour Convention, 2006 (MLC, 2006) - Djibouti (Ratification: 2018)

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

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Djibouti at the same time as the MLC, 2006, on 20 July 2019. It notes that Djibouti has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 and 2018 by the International Labour Conference and is therefore not bound by these amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Djibouti during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the information provided by the Government on the legislative texts relating to the application of the Convention, in particular the Labour Code of 2006 and Act No. 212/AN/82 of 18 January 1982 issuing the Maritime Code (CAM). The Committee also notes Decree No. 92-0091/PR/MPAM of 10 August 1992 implementing Act No. 213/AN/92 2e L of 25 June 1992 (Decree of 1992) supplementing sections 16 and 91 of the CAM. The Committee observes that these texts, which were adopted before the ratification of the Convention, give only very partial effect to the MLC provisions. The Committee therefore requests the Government to take the necessary steps to implement the Convention, taking account of its comments below. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that the term “seafarer” in section 78 of the CAM is defined as “any person irrespective of their sex who is engaged by a shipowner or shipowner’s representative to serve on board a ship”. The Committee recalls that, under Article II, paragraph (1)(f), of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Noting that the existing legislation contains a definition which is not in full conformity with the Convention, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation applies to all seafarers as defined in Article II, paragraph (1)(f).

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that section 47 of the Decree of 1992 prohibits persons under 16 years of age to work on board ship. However, it observes that section 83 of the CAM provides that children under 15 years of age may not be present in an occupational capacity on armed vessels in Djibouti. The Committee recalls that, under Standard A1.1, paragraph 1, the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited, and that this rule does not allow any exceptions. The Committee requests the Government to amend section 83 of the CAM to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. the Committee notes the Government’s indication that section 94 of the Labour Code provides that night work shall be prohibited for young workers under 18 years of age. However, the Committee observes that the aforementioned section 94 provides for exceptions granted by decree of the National Council for Employment and Vocational Training. The Committee recalls that, under Standard A1.1, paragraph 3, an exception to strict compliance with the night work restriction for seafarers under 18 years of age may only be made by the competent authority when the effective training of the seafarers concerned, in accordance with established programmes and schedules, would otherwise be impaired; or the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being. The Committee requests the Government to indicate the measures taken or envisaged to ensure that exceptions to the prohibition on night work are only authorized in conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that no provisions expressly prohibit the employment of seafarers under 18 years of age where the work is likely to jeopardize their health or safety. The Committee therefore requests the Government to take the necessary steps to prohibit work likely to jeopardize the health or safety of seafarers under 18 years of age, and to indicate whether it has adopted a list of hazardous types of work prohibited for young seafarers, taking account of working conditions and specific risks on ships, after consultation with the shipowners’ and seafarers’ organizations concerned, as required by the Convention.

Regulation 1.2 and the Code. Medical examination. The Committee notes the Government’s indication that no provisions expressly prescribe the content or nature of the medical examination or the right to a further examination, as required by Standard A1.2, paragraphs 2 and 5, of the Convention. It also notes that the applicable legislation does not establish any provisions concerning: (i) the need for duly qualified medical practitioners who must enjoy full professional independence in undertaking medical examination procedures, as required by Standard A1.2, paragraph 4; and (ii) the possibility for seafarers to have a further examination by another independent medical practitioner or by an independent medical referee, as required by Standard A1.2, paragraph 5. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure conformity with these provisions of the Convention.

Regulation 1.2 and Standard A1.2, paragraph 7. Medical certificate. Period of validity. The Committee notes the Government’s indication that the national legislation does not contain any provisions concerning the period of validity of medical certificates. The Committee recalls that the periodic examination necessary for the renewal of a medical certificate is compulsory for all seafarers within the meaning of the Convention. The Committee requests the Government to indicate the measures taken to implement the requirements of Standard A1.2, paragraph 7(a), concerning the maximum period of validity of medical certificates. Noting that no information has been provided concerning the validity of the certificate relating to colour vision, the Committee requests the Government to indicate how effect is given to Standard A1.2, paragraph 7(b).

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s indication that the national legislation does not contain any provisions giving effect to this requirement of the Convention. The Committee recalls that, under Regulation 1.3, paragraph 2, seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. The Committee therefore requests the Government to indicate the measures taken to ensure that seafarers are not permitted to work on a ship unless they have successfully completed training for personal safety on board ship, in accordance with Regulation 1.3, paragraph 2.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s reference to section 91 of the CAM, under which any employment agreement concluded between a seafarer and a shipowner or his representative for serving on a ship shall be subject to the provisions of the CAM and its implementing regulations, which are in the public domain. However, the Committee observes that the CAM does not provide expressly that the shipowner and the seafarer concerned shall each have a signed original of the seafarers’ employment agreement guaranteeing decent living and working conditions on board the ship, which must be concluded in accordance with the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Standard A2.1, paragraphs 1–3, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. The Committee notes the Government’s reference to section 57 of the Decree of 1992. However, it observes that this provision does not contain all the details required by Standard A2.1, paragraph 4(a)–(j) of the Convention, in particular the shipowner’s name and address (Standard A2.1, paragraph 4(b)); the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer(Standard A2.1, paragraph 4(g)(i)); the health and social security protection benefits to be provided to the seafarer by the shipowner(Standard A2.1, paragraph 4(h)); and the seafarer’s entitlement to repatriation(Standard A2.1, paragraph 4(i)). The Committee requests the Government to take the necessary steps to prescribe the details to be included in the seafarers’ employment agreement in order to bring its legislation into full conformity withStandard A2.1, paragraph 4(b), (g), (h) and (i).

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that section 95 of the CAM provides that the notice period in the event of termination by either party is the same for both parties and must not be less than 24 hours. The Committee recalls that under Standard A2.1, paragraph 5, each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement, and that the duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned but shall not be shorter than seven days. The Committee therefore requests the Government to indicate the measures taken or contemplated to ensure that the minimum notice period for termination is established by laws or regulations, as required by Standard A2.1, paragraph 5, of the Convention.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment. Monthly account. The Committee notes the Government’s indication that there are no precise details regarding the main headings that must appear in the monthly wage account for seafarers. The Committee recalls that the Convention provides that payments due to seafarers shall be made at no greater than monthly intervals, in accordance with their seafarers’ employment agreement and any applicable collective agreement, and seafarers shall be given a monthly account of their wages, in which all authorized deductions must be indicated. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.2, paragraphs 1 and 2.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Remittances. The Committee notes the Government’s indication that no provisions exist ensuring that remittance service charges are reasonable. The Committee recalls that any charge for this service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee therefore requests the Government to indicate how it gives effect to the provisions of Standard A2.2, paragraphs 3, 4 (remittance system) and 5 (reasonable remittance service charges and exchange rate).

Regulation 2.3 and Standard A2.3, paragraphs 3 and 4. Hours of work and hours of rest. Normal working hours’ standard. Danger of fatigue. The Committee notes the Government’s reference to section 69(3) of the Decree of 1992, under which a sufficient number of seafarers must be employed in safeguarding human life at sea and in order to avoid any excessive work. The Committee observes that this Decree does not contain any provision addressing the danger posed by excessive fatigue and does not state whether normal working hours for seafarers comprise one day of rest per week and rest on public holidays, as required by the Convention. In the absence of clear provisions relating to the requirements of Standard A2.3, paragraphs 3 and 4, the Committee requests the Government to take the necessary steps to ensure conformity with the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes the Government’s indication that there is no specific legislative text on the maximum number of hours of work or the minimum number of hours of rest, and no specific text has been adopted for seafarers under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or contemplated to give full effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the Government’s indication that the national legislation does not specify that it is prohibited in all cases to have more than two rest periods in any 24-hour period. Recalling that Standard A2.3, paragraph 6, provides that hours of rest may not be divided into more than two periods, one of which must be at least six hours in length, and the interval between two consecutive periods of rest must not exceed 14 hours, the Committee requests the Government to indicate the measures taken or contemplated to give full effect to Standard A2.3, paragraph 6, regardless of the conditions of operation of the ship concerned.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes the Government’s reference to section 71 of the Decree of 1992, under which a weekly rest day shall comprise 24 consecutive hours of rest counting from the normal time of resumption of daily work. When it has not been possible to provide this rest at the planned date, it can be compensated by rest of an equivalent length, by mutual agreement, in a port of call. However, section 71(3) provides that if it has not been possible to provide the weekly rest or compensate for it, the seafarers concerned shall be entitled to a paid day of leave. Recalling that under Standard A2.3, paragraph 14, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest, the Committee requests the Government to indicate the measures taken or envisaged to ensure the application of this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 10 and 12. Shipboard working arrangements. Records. The Committee notes that the Government indicates that the legislative texts are silent regarding the posting of a table with the shipboard working arrangements and the keeping of records of overtime hours, but does not indicate whether a record exists of daily hours of work and daily hours of rest. The Committee requests the Government to indicate the measures taken to ensure full conformity with the requirements of Standard A2.3, paragraphs 10 and 12.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. The Committee notes the Government’s indication that the national legislation does not prohibit any agreement with respect to forgoing the right to the minimum annual leave. Recalling the vital importance of paid annual leave for the health and well-being of seafarers and for preventing fatigue, the Committee requests the Government to indicate the measures taken to prohibit any agreement to forgo the right to minimum annual leave with pay, as prescribed by Standard A2.4, paragraph 3.

Regulation 2.5 and the Code. Repatriation. The Committee notes the Government’s reference to section 78 of the Decree of 1992, under which the shipowner must organize repatriation by the quickest appropriate means. Air transportation shall be the normal mode. The costs of repatriation must be borne by the shipowner. In the absence of any other specific provisions, the Committee requests the Government to indicate the measures taken to give effect to Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2 and 5.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that the national legislation does not provide any details on the abandonment of seafarers. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if so, specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if so, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if so, specify whether the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and whether a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to indicate the measures taken to bring the national legislation into conformity with Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels.  The Committee notes the Government’s reference to section 137 of the CAM, under which on-board manning levels must be sufficient in terms of numbers and quality to ensure the safety of the ship during the voyage. Manning levels on each ship are fixed by the Maritime Authority in line with the shipowner’s proposal, taking account of the legislation regarding on-board working hours, the characteristics of the ship and its conditions of operation. The Committee also notes that the Maritime Authority establishes the procedures for applying section 137. The Committee requests the Government to indicate whether a legislative text establishing procedures for the application of section 137 of the CAM has been adopted by the Maritime Authority. The Committee also requests the Government to indicate how it gives effect to the obligation to take account of the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue for seafarers, when determining manning levels, in accordance with Regulation 2.7 and Standard A2.7, paragraphs 1 and 2. Lastly, the Committee requests the Government to provide information on the manner in which complaints or disputes concerning the manning levels on a ship are investigated and settled (see Guideline B2.7).

The Committee also recalls that under Standard A2.7, paragraph 3, when determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering, including the obligation to carry a fully qualified cook on board. The Committee requests the Government to indicate how it ensures the application of this provision of the Convention.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s indication that there are no legislative texts giving effect to this provision of the Convention. The Committee draws the Government’s attention to Regulation 2.8 and the Code, which require the adoption of policies to encourage career and skill development and greater employment opportunities for seafarers by all Members that have seafarers domiciled in their territory. The Committee requests the Government to provide information on any specific measures adopted in this regard.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that Djibouti has not ratified either the Accommodation of Crews Convention (Revised), 1949 (No. 92), or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which have been revised by the MLC, 2006. The Committee notes the Government’s indication that Djibouti has not adopted any legislation to ensure that all ships covered by the Convention and flying the national flag (including ships built before the entry into force of the Convention) maintain decent on-board accommodation and recreational facilities for seafarers. The Committee recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards with respect to accommodation and recreational facilities, and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to take the necessary steps to give effect to Regulation 3.1 and Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 2, 3 and 4. Food and catering. The Committee notes the Government’s reference to section 73 of the Decree of 1992, under which seafarers are entitled to have food provided throughout the voyage. The food must be nutritious, of good quality, provided in sufficient quantity and of an appropriate type for the voyage and for the religion of each seafarer. The Committee recalls that Standard A3.2, paragraph 2(b), provides that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions. It notes the Government’s indication that no effect has been given to this provision of the Convention. The Committee also notes the Government’s indication that there are no provisions in the legislation requiring ships’ cooks to have followed a training course approved or recognized by the competent authority, as required by Standard A3.2, paragraphs 2(c), 3 and 4. The Committee requests the Government to indicate the measures taken or envisaged to implement these requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Frequent inspections.Noting the Government’s indication that there are no specific legislative texts regarding frequent documented inspections to be carried out on board ships, by or under the authority of the master, in accordance with Standard A3.2, paragraph 7, the Committee requests the Government to explain how effect is given to these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ships’ cooks. Minimum age. Regarding the prohibition on employing or engaging a seafarer under 18 years of age as a ship’s cook, the Committee notes the Government’s indication that nothing is specified regarding the cook’s age. The Committee therefore requests the Government to explain how effect is given to this provision of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes the Government’s reference to section 74 of the Decree of 1992, under which the shipowner shall provide assistance to any seafarers who fall ill or suffer an accident during their engagement, whether on board or ashore in order to perform a task or on the orders of the master. This assistance shall include, in particular, the provisions of medical treatment, medicines and other therapeutic appliances which are sufficient in terms of quality and quantity. The Committee recalls that Regulation 4.1 and the Code contain more extensive requirements than those set out in section 74 of the Decree of 1992. Indeed, the Convention requires that: (i) seafarers shall be given the right by the shipowner or master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)); (ii) ships must carry a qualified medical doctor who is responsible for providing medical care under particular conditions (Standard A4.1, paragraph 4(b)); (iii) the medicine chest, medical equipment and a medical guide must be subject to regular inspection to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); and (iv) ships shall be obliged to carry appropriate equipment on board and keep an up-to-date list of contact data required to obtain medical advice by radio or satellite communication from persons ashore during the voyage (Standard A4.1, paragraphs 1(b) and 4(d)). The Committee requests the Government to provide information on the national measures taken or contemplated to give full effect to the provisions of Standard A4.1, paragraphs 1–4.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to onshore medical facilities for seafarers on board foreign ships. The Committee notes the Government’s indication that there are no laws or regulations giving effect to this provision of the Convention. The Committee recalls that Regulation 4.1, paragraph 3, provides that each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to indicate the measures taken to give effect in practice to Regulation 4.1, paragraph 3.

Regulation 4.2 and Standard A4.2.1, paragraphs 1(b) and 8, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that section 74 of the Decree of 1992 establishes the obligation for the shipowner to defray expenses related to sickness or accident of seafarers, which include, in particular, medical treatment and the provision of medicines and other therapeutic appliances. It also notes that section 75(5) provides that the shipowner can be released from this obligation by taking out on behalf of the seafarer an insurance policy with an insurance company that possesses the requisite professional experience. The Committee observes that these provisions are insufficient to apply the detailed provisions of Standards A4.2.1 and A4.2.2. The Committee requests the Government to take the necessary steps to give effect to these provisions.

Regulation 4.2 and Standard A4.2.2, paragraph 3. Shipowners’ liability. Claims for compensation. The Committee notes the Government’s indication that the labour tribunal has competence to handle claims for compensation related to an occupational accident or contractual claims. The Committee recalls that national laws and regulations shall ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers owing to an occupational injury, illness or hazard, through expeditious and fair procedures (Standard A4.2.2, paragraph 3). The Committee requests the Government to provide information on the application of this provision of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that Djibouti has not adopted any legislation or other measures, such as the development and promulgation of national guidelines for the management of occupational safety and health in order to protect seafarers who live, work and train on board ships that fly its flag, as prescribed by Regulation 4.3 and Standard A4.3. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to these provisions of the Convention. The Committee reminds the Government that it can take into consideration the guidance provided in the ILO Guidelines for implementing the occupational safety and health provisions of the MLC in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s indication that there are no applicable national provisions that give effect to Standard A4.3, paragraph 2(d).Recalling that this provision requires such a committee to be established on board a ship on which there are five or more seafarers, the Committee requests the Government to indicate the measures taken to comply with this provision of the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigations. The Committee notes the Government’s indication that there are no applicable national provisions that give effect to Standard A4.3, paragraphs 5 and 6. The Committee requests the Government to indicate the measures taken to implement these provisions of the Convention.

Regulation 4.5 and the Code. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s reference to various national laws on social security, in particular Act No. 24/AN/14/7e establishing the health insurance system and Act No. 212/AN/07/5ème L establishing the National Social Security Fund (CNSS). The Committee notes that the national social security legislation does not indicate whether seafarers residing in Djibouti and working on ships flying a foreign flag are also covered by the social security schemes. In this regard, the Committee recalls that social security must be provided for all seafarers ordinarily resident in the national territory and working on ships flying a foreign flag. The Committee therefore requests the Government to provide statistics on the number of seafarers in this situation and information on any bilateral and multilateral agreements covering social security for seafarers.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that there are no legislative texts giving effect to this provision of the Convention. Noting that the Government has not taken any measures in this respect, the Committee requests the Government to indicate how it provides comparable benefits, in accordance with national law and practice, for non-resident seafarers working on ships flying its flag in the absence of adequate coverage in the relevant social security branches (Standard A4.5, paragraph 6).

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes the Government’s indication that there is no procedure for the settlement of disputes relating to social security. The Committee requests the Government to provide information on the procedures for the settlement of disputes relating to social security for seafarers which have been defined under Standard A4.5, paragraph 9, of the Convention.

Regulation 5.1.1 and the Code. Flag State responsibilities. The Committee notes the Government’s reference to section 37 of the Decree of 1992, under which safety certificates are issued by the chairperson of the committee for inspection prior to the ship’s entry into service, and are then approved or renewed. The Committee observes that this provision does not specify the structure and fundamental objectives of the system for the inspection and certification of maritime working conditions established in Djibouti, in accordance with Regulations 5.1.3 and 5.1.4, to ensure that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in the Convention. The Committee requests the Government to provide detailed information on the objectives and standards defined for the inspection and certification system, including the method used for assessing its effectiveness (Regulation 5.1.1, paragraphs 1 and 5, and Standard A5.1.1, paragraph 1), indicating how it discharges its obligations under the Convention relating to ships under 500 gross tonnage.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. The Committee notes the Government’s indication that there are no laws or regulations requiring a copy of the MLC, 2006 to kept on board all ships flying its flag. Recalling that, under Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the MLC, 2006 available on board, the Committee requests the Government to indicate the measures taken to ensure the observance of this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1- 3. Flag State responsibilities. Authorization of recognized organizations. Conditions and oversight. The Committee notes the Government’s indication that section 37 of the Decree of 1992 authorizes recognized organizations to carry out inspections. However, the Government does not specify whether authorization has been given to undertake inspection and/or certification with respect to the MLC, 2006. The Committee requests the Government to indicate whether recognized organizations have been authorized to inspect and/or certify ships in conformity with the MLC, 2006. The Committee also requests the Government to indicate the measures taken to give effect to the requirements that: (i) the competency and independence of recognized organizations must be reviewed (Standard A5.1.2, paragraph 1); and (ii) any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State (Standard A5.1.2, paragraph 2).

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. List of recognized organizations provided to the ILO. The Committee notes the Government’s indication that Djibouti has not provided the ILO with the list of recognized organizations which it had authorized to act on its behalf, specifying the functions that these organizations are authorized to carry out. The Committee recalls that under Standard A5.1.2, paragraph 4, the list of recognized organizations must be provided to the ILO and must specify the functions that these organizations have been authorized to carry out. The Committee therefore requests the Government to indicate how it ensures the application of this requirement of the Convention.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance (DMLC). The Committee notes the Government’s indication that there are no national legislative texts regarding the maritime labour certificate. The Committee requests the Government to take the necessary steps to give effect to Regulation 5.1.3 and Standard A5.1.3 regarding the cases in which a maritime labour certificate is required; the maximum period of validity (Standard A5.1.3, paragraph 1); the scope of the previous inspection and the requirements regarding an intermediate inspection (Standard A5.1.3, paragraph 2); the provisions regarding renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); the cases in which an interim maritime labour certificate can be issued and its maximum period of validity, and the scope of the previous inspection (Standard A5.1.3, paragraphs 5–8); the circumstances in which a maritime labour certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15) and in which it must be withdrawn (Standard A5.1.3, paragraphs 16 and 17).

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance (DMLC). Documents on board. The Committee notes the Government’s indication that there are no national laws or regulations giving effect to this provision of the Convention. The Committee recalls that Standard A5.1.3, paragraph 12, provides that a current valid copy of the maritime labour certificate and declaration of maritime labour compliance (DMLC) must be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. A copy of these documents shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that there are no national provisions giving effect to the requirements of Regulation 5.1.4 and Standard A5.1.4 aimed at establishing an effective and coordinated system to carry out regular inspections to ensure that ships flying the Djiboutian flag comply with the requirements of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to the detailed requirements of Regulation 5.1.4 and Standard A5.1.4, in particular the measures taken regarding: (i) the length of the intervals at which inspections must be carried out (Standard A5.1.4, paragraph 4); (ii) procedures for the receipt and investigation of complaints (Standard A5.1.4, paragraphs 5, 10, 11(b) and 12); (iii) sanctions to be imposed for breaches of the Convention (Standard A5.1.4, paragraph 7(c)); and (iv) compensation to be paid in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspector’s powers (Standard A5.1.4, paragraph 16).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s indication that there are no on-board complaint procedures which give seafarers the right to complain directly to the master (Standard A5.1.5, paragraph 2) or the right to be accompanied or represented during the complaints procedure (Standard A5.1.5, paragraph 3), and there is no obligation established to provide all seafarers with a copy of the applicable on-board complaint procedures, containing in particular the contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence (Standard A5.1.5, paragraph 4). The Committee requests the Government to take the necessary steps to ensure that appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code, and to provide a copy of the model for on-board complaint-handling procedures or standard procedures followed on ships, once they have been adopted.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s reference to section 82 of the Decree of 1992, which describes a procedure relating to death on board and does not cover the procedure to be followed in the case of a serious marine casualty involving a ship leading to injury or loss of life. The Committee recalls that under Regulation 5.1.6, paragraph 1, each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. In addition, the final report of an inquiry shall normally be made public. The Committee therefore requests the Government to indicate how it ensures that an official inquiry is held into any serious marine casualty leading to injury or loss of life and that the final report of such an inquiry is made public.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s indication that there is no national inspection and monitoring system to verify compliance with the requirements of the MLC, 2006. The Committee requests the Government to indicate the measures taken to give effect to Regulations 5.2.1 and 5.2.2 and the associated provisions of the Code. The Committee also requests the Government to provide information on onshore seafarer complaint-handling procedures and the number of complaints made and resolved.