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Go to the main meeting page for the 29th Joint Maritime Commission
Following a proposal from the Legal Committee of the International Maritime Organization, the Secretary-General of the IMO requested the ILO to consider the establishment of a Joint IMO/ILO Ad Hoc Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers (the Working Group). The Governing Body of the ILO authorized the constitution of the Working Group and nominated four Shipowner and four Seafarer representatives for this purpose. It is to be recalled that the Joint Maritime Commission (JMC) of the ILO at its 26th Session in 1991 had discussed this issue and adopted a resolution concerning the protection of wages and stranded seafarers. Upon a request of the Shipowners’ and Seafarers’ groups of the JMC, the Governing Body decided to include this question in the agenda of the present session of the Joint Maritime Commission.
The report of the first meeting of the Working Group held in London from 11 to 15 October 1999 is annexed to this document. It was submitted to the ILO Governing Body at its 277th Session in March 2000. The document submitted by the Office to the Committee on Sectoral and Technical Meetings and Related Issues (STM), as well as the report of the STM to the Governing Body, are also included in the annexed document. A second meeting of the Working Group took place in London from 30 October to 3 November 2000. Information collected by IMO and ILO on issues identified by the Working Group will be submitted to this meeting. It is expected that the report of this second meeting will be made available to the JMC in due course, along with any other relevant information.
1. The Committee had before it a report [6] of the Joint IMO/ILO Ad Hoc Expert Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers.
2. Mr. Zellhoefer expressed concern at the issues of abandonment, personal injury and death of seafarers, and strongly agreed with the IMO/ILO Working Group’s conclusions that these issues needed urgent action. None of the international instruments dealt with these problems comprehensively, and a joint ILO/IMO approach was the best way to address them. Compliance with international standards was essential, and nothing should be done that would encourage substandard shipping. The ILO should promote the ratification of the Repatriation of Seafarers Convention (Revised), 1987 (No. 166), and the Working Group should meet again.
3. Mr. Jeetun also supported the results of the Working Group and supported the points for decision.
4. The representative of the Government of the United States asked that the work on the low rates of ratification of relevant existing international instruments be coordinated with the Committee on Legal Issues and International Labour Standards and its Working Party on Policy regarding the Revision of Standards, so that only one questionnaire was sent to governments on the same set of Conventions.
5. The representative of the Government of France stated that the report of the Joint Working Group had stimulated discussion within her country on the possible ratification of ILO Conventions Nos. 166, 178, 179 and 180.
6. The Committee on Sectoral and Technical Meetings and Related Issues recommends that the Governing Body take note of the report of the Working Group and approve its recommendations.
[6] IMO/ILO/WGLCCS 1/11, appended to GB.277/STM/4.