Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 166) sur le rapatriement des marins (révisée), 1987 - Guyana (Ratification: 1996)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention. Please clarify whether the Minister may use his powers under section 453 of the Guyana Shipping Act to modify the application of the provisions of the Act governing repatriation to a ship, class or description of ships or to exempt them from the repatriation requirements.

Article 1, paragraph 2. Please clarify whether the provisions of sections 188-213 of the Shipping Act are applicable to fishing vessels.

Article 1, paragraph 3. Please provide information on the consultations which may have taken place in accordance with this paragraph.

Article 1, paragraph 4. The Committee notes that while the term "seafarer" in the Convention means any person who is employed in any capacity on board a seagoing ship, the term "seaman" in the Shipping Act does not cover masters and apprentices. As a consequence, under the Shipping Act these two categories of persons do not appear to be entitled to repatriation, because sections 188-213 of the Shipping Act are applicable only to "seamen". The Committee trusts that the Government will take all necessary measures to give full effect to this provision of the Convention.

Article 2, paragraph 1(e). Please clarify whether a seaman has the right to be repatriated in the event of the shipowner not being able to continue to fulfil his or her legal or contractual obligations as an employer of the seaman by reason of bankruptcy, change of ship’s registration or any other similar reason.

Article 2, paragraph 1(f). Please indicate whether the term "war zone" is defined in the collective agreements and whether a seaman has the right to ask for repatriation in the event of a ship is going to a war zone to which a seaman does not consent to go.

Article 3, paragraph 2. The Committee asks the Government to clarify whether a seaman has the right to choose from among the prescribed destinations the place to which he or she is to be repatriated as required under Article 3(2) of the Convention and, if so, which are the specific provisions of national laws, regulations or collective agreements providing for such right.

Article 4, paragraph 1. The Committee asks the Government to clarify whether the owner, master or agent has the duty not only to defray all expenses incurred for the return of a seaman, but also to arrange for repatriation; and to indicate specific provisions of national laws, regulations or collective agreements prescribing that the normal mode of transport be by air.

Article 4, paragraph 4(d). Please indicate whether national laws, regulations or collective agreements give effect to this provision of the Convention.

Article 5, paragraph (a). Please clarify whether there is an explicit duty of the competent authority to arrange and meet the cost of repatriation in cases indicated in section 206(1) of the Shipping Act.

Articles 6, 7 and 12. The Committee asks the Government to indicate how effect is given to these provisions of the Convention.

Article 10. Please indicate whether and, if so, how this provision of the Convention is applied in practice.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Guyana.

The Committee also asks the Government to provide a copy of the collective agreement between Guybulk Shipping and Guyana Labour Union.