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Fishermen's Competency Certificates Convention, 1966 (No. 125) - Senegal (RATIFICATION: 1968)

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Article 4 of the Convention. Requirement to establish standards. In its previous comment, the Committee noted the adoption of Decree No. 2009-240 of 26 March 2009 on the organization and operation of the National Maritime Training School (hereinafter the ENFM) and requested the Government to provide information on the training programmes provided by the school with a view to issuing certificates for masters, mates and engineers on fishing vessels. The Committee notes the Government’s reply in its report that the ENFM “prepares middle-level officers (merchant shipping deck officers and engineers) of the merchant marine and fishing fleet for a period of two years”. For this purpose, it provides training programmes for certificates for masters and engineers on fishing vessels. Training for the certificate of a master of a fishing vessel covers 21 subjects for 32 hours. It combines theory and practice (theoretical and practical work) and includes compulsory traineeships, as well as the possibility to specialize. The certificate for a chief engineer 750 KM covers 13 subjects in theory and practice. The total number of hours is generally estimated at 890. The Committee notes that section 19, second subsection, of Decree No. 2009-240 refers to an order issued by the Minister responsible for the merchant marine determining the “conditions of access, the duration of training, the certificates and prerogatives of mariners”. In this regard, the Committee understands that the term “mariners” (marins) refers to “seafarers, including the necessary personnel on board for fishing, commercial and pleasure vessels”, within the meaning of section 2 of Decree No. 2009-240. The Committee requests the Government to indicate whether an order to determine the conditions of access, the duration of training, the certificates and prerogatives of applicants to become officers on board fishing vessels has been adopted.

Article 6. Minimum age for the issue of a certificate of competency. The Committee notes that, in reply to its previous comment, the Government indicates that the minimum age for the issue of maritime vocational certificates to work as officers on board fishing vessels is “set at 20 years, with reference to the minimum age for admission to training leading to positions of responsibility on board such vessels”. The Committee notes in this regard that the age conditions for admission to the training provided by the ENFM are determined by the second subsection of section 22 of Decree No. 2009-240: 16 to 21 years as of 31 December of the year of the competition for competitions open to applicants with the middle school certificate (BFEM), and 16 to 25 years as of 31 December of the year of the competition for competitions open to applicants with a technical baccalaureate. The Committee also notes that, under the terms of section 26 of Decree No. 2009-240, the duration of school education for the various types of training is indicated in an Annex to the Decree. The Committee requests the Government to provide a copy of the Annex to Decree No. 2009-240, which is not available, and to indicate the provisions which specify the duration of the training courses and, consequently, determine the minimum age at which the certificate can be obtained for officers on board fishing vessels.

Articles 7, 8 and 9. Minimum professional experience prescribed. The Committee recalls that these Articles of the Convention require candidates for the various certificates to have a minimum professional experience of sea service. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these Articles of the Convention.

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Article 6(1) of the Convention. Minimum age for the issue of a certificate of competency. Further to its previous comment, the Committee notes that, in accordance with section 14 of Decree No. 2002-933 of 3 October 2002 respecting the issue of maritime vocational training certificates and the requirements to exercise functions on board commercial and fishing vessels, and pleasure boats manned by a crew, the minimum age to obtain a maritime vocational training certificate for an officer on board commercial and pleasure vessels is 20 years. It also notes that, under the terms of section 11 of the above Decree, the qualifications required for the principal operational and command functions on board fishing vessels are determined by decree following a report by the minister responsible for the merchant navy. The Committee requests the Government to indicate whether a decree implementing section 11 of Decree No. 2002-933 has been adopted and, if so, to provide a copy. The Government is also requested to indicate whether the minimum age of 20 years for the issue of maritime vocational certificates for command functions on board fishing vessels is also set at 20 years. Finally, the Committee notes the adoption of Decree No. 2009 240 of 26 March 2009 on the organization and operation of the National Maritime Training School and requests the Government to provide information on the training programmes provided by this school with a view to the issue of certificates for captains, mates and chief engineers on board fishing vessels.

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The Committee notes the information provided in the Government’s report, and particularly the adoption of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code.

Article 6, paragraph 1, of the Convention. Minimum age for the issue of a certificate of competency. The Committee notes that, under the terms of section 287 of Act No. 2002-22 issuing the Merchant Shipping Code, any persons wishing to exercise the occupation of seafarer must be aged 18 years. It also notes that, by virtue of section 416 of the same Act, no person may be admitted to serve on board a ship unless he has reached the age of 15 years, as young persons are considered, according to the information provided by the Government, to be ships’ boys in apprenticeship up to the age of 18 years, and then as junior seafarers. However, the Committee notes with regret that, although the Government has been indicating for several years that the revision of the Merchant Shipping Code could provide the opportunity to bring the national legislation into conformity with the Convention, the new Merchant Shipping Code still does not give effect to the requirements set out in Article 6, paragraph 1, of the Convention, which provides that the minimum age for the issue of a certificate of competency shall not be less than 20 years in the case of a skipper, 19 years in the case of a mate and 20 years in the case of an engineer. Recalling that this issue has been the subject of comments for many years, the Committee hopes that the Government will take the necessary measures without delay to bring the legislation into conformity with the Convention on this point.

The Committee also notes that, by virtue of section 735 of the new Merchant Shipping Code, all provisions of laws and regulations which are contrary to it are repealed, including Act No. 62-32 of 22 March 1962. The Committee therefore requests the Government to indicate whether Decrees Nos. 62-402 of 21 September 1962 and 66-792 of 20 October 1966, which gave effect to most of the provisions of the Convention, are still in force.

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In its previous comments the Committee asked the Government to take measures to ensure that the legislation regarding the minimum age is brought into conformity with Article 6, paragraph 1, of the Convention. It notes the Government’s response that this matter is still under examination. The Committee again expresses its hope that the Government will take all necessary measures to give effect to this provision of the Convention and asks it to report on any progress made in this respect.

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The Committee notes that the last report communicated by the Government does not contain any new information in reply to its previous direct request and it is bound to raise the issues again in a new direct request:

The Committee notes the Government’s statement in its latest report that there has been no change in the legislation regarding the application of the Convention. The Government states once again that the draft reform of the Merchant Marine Code could provide an opportunity to bring the national legislation into conformity with the provisions of the Convention. The Committee recalls that, for several years, the Government has been announcing that, on the occasion of the reform of the Merchant Marine Code, provisions will be adopted on the minimum age prescribed for the issue of a certificate of competency for a skipper, a mate and an engineer, in accordance with the requirements of Article 6, paragraph 1, of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, while awaiting the general revision of the Merchant Marine Code, to ensure that the legislation is amended so that it is brought into conformity with this provision of the Convention, and that it will provide information on any measures adopted to this effect.

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The Committee notes the Government's statement in its latest report that there has been no change in the legislation regarding the application of the Convention. The Government states once again that the draft reform of the Merchant Marine Code could provide an opportunity to bring the national legislation into conformity with the provisions of the Convention. The Committee recalls that, for several years, the Government has been announcing that, on the occasion of the reform of the Merchant Marine Code, provisions will be adopted on the minimum age prescribed for the issue of a certificate of competency for a skipper, a mate and an engineer, in accordance with the requirements of Article 6, paragraph 1, of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, while awaiting the general revision of the Merchant Marine Code, to ensure that the legislation is amended so that it is brought into conformity with this provision of the Convention, and that it will provide information on any measures adopted to this effect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its previous comments, the Committee again notes that the review of the Merchant Marine Code, referred to for several years as the occasion to adopt legislative minimum age requirements for the issuance of a certificate of competency for a skipper, a mate and an engineer as required by Article 6, paragraph 1, of the Convention, has not taken place. The Committee recalls the Government's earlier statements that while in practice no certificate of competency can be issued before the person concerned has reached the age of 23 (given the period of training involved and the required period of navigation), it had none the less agreed to add the minimum age prescribed by the Convention as a condition for the issuance of a certificate of competency. The Committee trusts the Government will take the necessary measures, pending the more general review of the Merchant Marine Code, by introducing such minimum age requirements for the issuance of a certificate and thus bring the legislation into conformity with the national practice and the Convention. In this regard the Government could consider calling on the technical assistance of the Office through the multidisciplinary team in Dakar.

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Further to its previous comments, the Committee notes from the Government's report that the review of the Merchant Marine Code, referred to for several years as the occasion to adopt legislative minimum age requirements for the issuance of a certificate of competency for a skipper, a mate and an engineer as required by Article 6, paragraph 1, of the Convention, has not taken place. It hopes that the Government will take the necessary measures, pending the more general review of the Merchant Marine Code, to put the legislation as well as the practice regarding the minimum age for issuance of a certificate into conformity with the requirements of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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Further to its previous comments, the Committee notes that it is the Government's intention to make use of the forthcoming review of the Merchant Marine Code in order to establish the minimum age for skippers, mates and engineers. It hopes that the Government will soon take the necessary measures in this respect in order to bring the national legislation into conformity with the provisions of Article 6, paragraph 1, of the Convention.