CMNT_TITLE

Maritime Labour Convention, 2006 (MLC, 2006) - Gabon (RATIFICATION: 2014)

Other comments on C186

Observation

Direct Request

2023
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Previous comment

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), submitted following an initial examination by the Committee on the basis of publicly available information, in the context of the “urgent appeals” procedure. The Committee recalls that Gabon 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 therefore not bound by these amendments.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. With reference to its previous comment, the Committee notes the Government’s reply that no categories of persons or ships have been exempted from the application of the Convention. The Committee notes this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum Age. Hazardous work. The Committee notes that the Government provides no new information in reply to its previous comment. The Committee therefore once again requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 years 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. Nature of medical examination. Duly qualified medical practitioner. Right to have a further examination. Period of validity. With reference to its previous comment, the Committee notes the Government’s reply that a bill establishing the physical fitness requirements for navigation is being drafted to give effect to these provisions of the Convention. The Committee requests the Government to adopt this bill expeditiously and to provide a copy thereof with its next report.

Regulation 1.4 and the Code. Recruitment and placement. In reply to the Committee’s previous comment, the Government indicates that while in practice private services for the placement of seafarers do exist, the authorities do not carry out any controls because a list of these services has not yet been drawn up. The Committee requests the Government to adopt the necessary measures to give effect to Standard A1.4.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. With reference to its previous comment, the Committee notes that the Government has decided on a method to calculate the maximum hours of work as eight hours daily and 48 hours weekly, without, however, indicating the legislative base for doing so. The Committee requests the Government to indicate the applicable national provisions giving effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.5, paragraph 2. Repatriation. Financial security. Noting that to date, there is no text implementing the provisions of the 2014 amendments, the Committee reiterates its previous comment.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 3.2 and the Code. Food and catering. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 4.5 and the Code. Social security. Noting that the information requested has not been provided, the Committee reiterates its previous comment.

Regulation 5.1 and the Code. Flag State responsibilities. With reference to its previous comment, the Committee notes the Government’s reply that section 18 of Act No. 10/63 of 12 January 1963 issuing the Merchant Shipping Code provides that before leaving a Gabonese port, any Gabonese vessel may be subject to an outbound visit. Such visits are conducted by a navigation inspector or by an official designated by the maritime authority. The Government specifies that the navigation inspector may prohibit or postpone, until these requirements are met, the departure of any vessel which, owing to its state of repair, instability, loading conditions or for any other reason appears to the inspector unfit to sail without endangering the crew or persons on board. The Committee notes, however, that these provisions have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the Convention, concerning flag State responsibilities. The Committee requests the Government to adopt without further delay the measures necessary to give effect to Regulation 5.1 of the Convention in its entirety, in particular in relation to Regulation 5.1.3 on the Maritime Labour Certificate and Declaration of Maritime Labour Compliance and Regulation 5.1.4 on inspection.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. In reply to its previous comment, the Committee notes the Government’s indication that recognized organizations were authorized to act on behalf of the Government without, however, providing further details. The Committee also notes that section 212(1) of the Community Merchant Shipping Code (CCMM) provides that “the authorization of classification societies meeting the criteria established by Resolution No. A.739(18) of the International Maritime Organization (IMO) and Regulation 5.1.2 of the MLC, 2006, on the authorization of recognized organizations shall result in an agreement, conforming to the model distributed by the IMO, between the competent maritime authority and the authorized classification society, specifying in particular the obligations that the latter must fulfil in carrying out its mandate.” Section 215 provides that authorized classification societies shall periodically provide information on their activities to the competent maritime authority. The Committee requests the Government to provide information on the manner in which effect is given to Standard A5.1.2, paragraph 1 (review of the competency and independence of recognized organizations) and Standard A5.1.2, paragraph 3 (system to ensure the adequacy of work performed by recognized organizations).The Committee also requests the Government to provide the list of recognized organizations delegated to perform inspection and certification functions under the Convention, specifying the functions authorized (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Noting that the information requested has not been provided, the Committee reiterates its previous comment.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 4, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. Training, status independence, authority and impartiality of inspectors. Noting that the Government does not provide information on measures taken to give effect to these provisions of the Convention, the Committee recalls that the requirements of this Standard stipulate that measures must be adopted to ensure that inspectors have the status and independence necessary to enable them to verify the application of the Convention. Therefore, the Committee requests the Government to indicate the manner in which effect is given to Standard A5.1.4, paragraphs 3, 4, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Powers of inspectors. The Committee notes that the Government does not provide information on measures taken to give effect to this provision of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Compensation in the event of a ship being unduly detained. Noting that the information requested is not available, the Committee reiterates its previous comment.