Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes with regret that for the fourth time the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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