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The Committee takes note of the information provided by the Government in its report.

Freedom of association of seafarers. With regard to its previous comments, the Committee takes note of the legislative texts concerning the freedom of association of seafarers transmitted by the Government in its report. The Committee recalls that it has noted with concern for many years that seafarers’ organizations are excluded from Act No. 1264 of 1982 concerning the democratization of the trade union movement and the protection of workers’ trade union freedoms. The Committee once again urges the Government to extend the general protection concerning freedom of association to seafarers and their organizations. The Committee requests the Government to indicate in its next report any positive development that has occurred in this respect.

Article 2. Recognition of the most representative trade unions. The Committee notes from the Government’s report that Act No. 3276 of 1994 on collective agreements concerning work at sea authorizes the Minister of Mercantile Marine to evaluate freely which seafarers’ organizations are the most representative for collective bargaining purposes. The Committee considers that the determination of the most representative organizations must be based on objective, pre-established and precise criteria (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 97). It requests the Government to indicate the criteria on the basis of which the representative status of seafarers’ organizations is evaluated and any relevant legislative provisions in this respect.

Article 3. Right of workers’ organizations to organize their administration and activities

The right to strike. The Committee notes that section 32(2) of Act No. 330 of 1976, transmitted by the Government with its report, respecting occupational unions and federations, prohibits a strike which has been declared in contravention of the provisions of Act No. 3239/1955 on the procedures for the settlement of collective labour disputes, etc., and that this Act is apparently still applicable to seafarers. The Committee requests the Government to specify in its next report the conditions under which seafarers’ organizations may declare a strike and to transmit the text of Act No. 3239/1955 along with any amendments, as well as any other relevant legislative texts, so that the Committee can examine their conformity with the provisions of the Convention.

The Committee urges the Government to take all necessary steps in the very near future to guarantee seafarers the full enjoyment of the rights entrenched in the Convention and to transmit information in this respect in its next report.