CMNT_TITLE

Repetition

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes that Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. The Committee notes that section 2(41) of Regulation 08-12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement.The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity with Standard A2.3, paragraph 12.The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory quality and variety, taking into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of theMLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities.Inspections in port. Compensation in the event of a ship being unduly detained.The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

Additional documents and information. The Committee requests the Government to provide the documents and information requested in the report form.