Repatriation of Seafarers Convention (Revised), 1987
The Repatriation of Seafarers Convention (Revised), 1987 (ILO Convention No. 166) is an international labour convention adopted by the International Labour Organization (ILO). It revises and updates the Repatriation of Seamen Convention, 1926 (ILO Convention No. 23). The primary objective of Convention No. 166 is to establish a comprehensive framework for the right of seafarers to repatriation at the expense of the shipowner under clearly defined circumstances.
The Convention defines “seafarer” broadly to include any person who is employed in any capacity on board a seagoing ship registered in a territory for which the Convention is in force. It outlines the situations under which a seafarer is entitled to repatriation, such as the expiration of the employment agreement, illness or injury, shipwreck, and situations where the shipowner is unable or unwilling to continue fulfilling their obligations to the seafarer.
A key aspect of the Convention is the specification of destinations to which a seafarer may be repatriated. These typically include the seafarer's place of engagement, the country of nationality, or any other place agreed upon between the seafarer and the shipowner.
Furthermore, the Convention places the obligation for repatriation on the shipowner. This includes bearing the cost of transportation, accommodation, and food during the repatriation journey. The Convention also addresses the scenario where the shipowner fails to fulfill their repatriation obligations, providing for the competent authority in the port state to arrange for the repatriation and recover the costs from the shipowner.
Convention No. 166 has been widely ratified by member states of the ILO and forms a significant part of the international legal framework governing the rights and welfare of seafarers. It has since been superseded in some respects by the Maritime Labour Convention, 2006 (MLC), which consolidates and updates many existing ILO Conventions related to maritime labour, including repatriation provisions. However, Convention No. 166 remains in force for those states that have ratified it but not the MLC.