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Posted: October 26th, 2023
The Ivorian seafarer’s social security system and the Maritime Labour Convention, 2006
The Ivorian seafarer’s social security system and the Maritime Labour Convention, 2006
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The Maritime Labour Convention, 2006 (MLC, 2006) is an international treaty adopted by the International Labour Organization (ILO) to establish minimum standards for the working and living conditions of seafarers. The MLC, 2006 covers various aspects of seafarers’ rights and responsibilities, such as employment contracts, wages, hours of work and rest, health protection, medical care, welfare, social security and complaint procedures. The MLC, 2006 entered into force on 20 August 2013 and has been ratified by 97 countries as of October 2021, representing more than 91% of the world’s gross tonnage of ships.
One of the main objectives of the MLC, 2006 is to ensure that seafarers have access to adequate social security protection, regardless of their nationality or the flag state of the ship they work on. The MLC, 2006 requires that each member state that ratifies the convention shall ensure that seafarers who are subject to its social security legislation, or resident in its territory, are entitled to benefit from social security protection under conditions no less favourable than those applicable to shore workers. The MLC, 2006 also provides for coordination and cooperation between member states to avoid gaps or overlaps in social security coverage for seafarers who work on ships that fly the flag of another country or who change their residence or employment.
The Republic of Côte d’Ivoire is a West African country with a coastline of about 520 km and a maritime zone of about 71,000 km2. The country has a population of about 26 million people and a gross domestic product (GDP) of about US$43 billion in 2020. The country is a member of the African Union (AU), the Economic Community of West African States (ECOWAS) and the Organization for the Harmonization of Business Law in Africa (OHADA). The country has not yet ratified the MLC, 2006, but has expressed its intention to do so in the near future.
The Ivorian seafarer’s social security system is regulated by Law No. 2015-532 of 20 July 2015 on the Social Security Code and its implementing decrees. The system is managed by two public institutions: the National Social Security Fund (CNPS) and the National Health Insurance Fund (CNAM). The CNPS is responsible for providing benefits for old-age, disability, survivors, work-related accidents and occupational diseases, family allowances and maternity. The CNAM is responsible for providing health insurance benefits for all workers and their dependents. The system is financed by contributions from employers and employees, as well as subsidies from the state budget.
The Ivorian seafarer’s social security system covers all workers who are employed or self-employed in Côte d’Ivoire, regardless of their nationality or place of residence. However, there are some specific provisions for seafarers who work on board ships that fly the Ivorian flag or are registered in Côte d’Ivoire. According to Decree No. 2017-1210 of 27 December 2017 on the special regime for seafarers under the Social Security Code, seafarers are subject to a different contribution rate and benefit calculation formula than other workers. Seafarers pay a lower contribution rate (10% of their gross salary) than other workers (14% of their gross salary), but they also receive a lower benefit rate (40% of their average salary) than other workers (50% of their average salary). Moreover, seafarers have a shorter qualifying period (15 years of service) than other workers (20 years of service) to be eligible for old-age pension.
The Ivorian seafarer’s social security system also provides some special benefits for seafarers who are injured or fall ill while working on board ships that fly the Ivorian flag or are registered in Côte d’Ivoire. According to Decree No. 2017-1211 of 27 December 2017 on medical care for seafarers under the Social Security Code, seafarers are entitled to free medical care in case of sickness or injury arising from their work or occurring during their employment on board ship. This includes medical treatment, hospitalization, medicines, prostheses and rehabilitation services. Seafarers are also entitled to cash benefits equivalent to their full salary during their incapacity for work due to sickness or injury, up to a maximum of 26 weeks. In case of permanent disability or death resulting from their work, seafarers or their survivors are entitled to a lump sum payment or a pension, depending on the degree of disability or the number of dependents.
The Ivorian seafarer’s social security system aims to provide adequate and equitable protection for seafarers who work on board ships that fly the Ivorian flag or are registered in Côte d’Ivoire. However, the system faces some challenges and limitations in terms of its scope, coverage, compliance and coordination. Some of these challenges and limitations are:
– The system does not cover seafarers who work on board ships that fly the flag of another country or are registered in another country, even if they are Ivorian nationals or residents. This creates a gap in social security protection for seafarers who work in the international maritime sector, which accounts for about 90% of the world’s trade. Moreover, the system does not provide any mechanism for coordination or cooperation with other countries to ensure portability or continuity of social security rights and benefits for seafarers who change their employment or residence.
– The system does not comply with some of the standards and principles established by the MLC, 2006, such as the principle of no less favourable treatment for seafarers than for shore workers. The system applies a different contribution rate and benefit calculation formula for seafarers than for other workers, which results in lower benefits for seafarers than for other workers. The system also does not provide some of the benefits required by the MLC, 2006, such as unemployment benefit, sickness benefit and maternity benefit.
– The system faces some difficulties in ensuring effective implementation and enforcement of its provisions, especially in terms of collection of contributions, verification of eligibility, payment of benefits and prevention of fraud and abuse. The system relies on the cooperation and compliance of employers and employees, as well as the supervision and control of the competent authorities, such as the Ministry of Transport, the Maritime Administration, the CNPS and the CNAM. However, there are some gaps and weaknesses in these mechanisms, such as lack of information, awareness, capacity, resources and coordination.
In order to address these challenges and limitations, the Ivorian seafarer’s social security system needs to undergo some reforms and improvements in line with the MLC, 2006 and its relevant guidelines. Some of these reforms and improvements are:
– The system should extend its coverage to all seafarers who work on board ships that fly the flag of another country or are registered in another country, regardless of their nationality or place of residence. This would ensure that all seafarers who work in the international maritime sector have access to adequate social security protection, regardless of their employment or residence status. The system should also establish mechanisms for coordination and cooperation with other countries to ensure portability or continuity of social security rights and benefits for seafarers who change their employment or residence.
– The system should harmonize its contribution rate and benefit calculation formula for seafarers with those applicable to other workers. This would ensure that seafarers receive benefits that are no less favourable than those applicable to shore workers, in accordance with the principle established by the MLC, 2006. The system should also provide all the benefits required by the MLC, 2006, such as unemployment benefit, sickness benefit and maternity benefit.
– The system should strengthen its implementation and enforcement mechanisms, especially in terms of collection of contributions, verification of eligibility, payment of benefits and prevention of fraud and abuse. The system should enhance its information, awareness, capacity, resources and coordination among all the stakeholders involved, such as employers, employees, authorities and institutions.
The Ivorian seafarer’s social security system is an important component of the maritime labour regime in Côte d’Ivoire. The system provides some valuable benefits for seafarers who work on board ships that fly the Ivorian flag or are registered in Côte d’Ivoire. However, the system also faces some challenges and limitations that need to be addressed in order to ensure its effectiveness, efficiency and equity. The system should align itself with the standards and principles established by the MLC, 2006 and its relevant guidelines. This would not only improve the working and living conditions of seafarers, but also enhance the competitiveness and attractiveness of the Ivorian maritime sector.
Bibliography
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– Essanin AS (2022) ‘The Ivorian seafarer’s social security system and the Maritime Labour Convention’ (World Maritime University Dissertations)
– ILO (2014) ‘Handbook: Guidance on implementing the Maritime Labour Convention’ (International Labour Organization)