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Repatriation of Seamen Convention, 1926 (No. 23) - Azerbaijan (RATIFICATION: 1992)

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Previous comment

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Noting the Government’s information that an analysis of the compliance of domestic legislation with the provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006) is still underway, the Committee recalls that, within the framework of the Standards Review Mechanism, the Governing Body has included on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation, inter alia, of Conventions Nos 23, 92 and 134. As regards Convention No. 147, which had been classified as an outdated instrument, the Governing Body decided that its situation would be reviewed by the Special Tripartite Committee on the MLC, 2006 at its sixth meeting to decide on its possible abrogation or withdrawal. In this context, the Committee requests the Government to continue providing information on the prospects of ratification of the MLC, 2006. The Committee reminds the Government of the possibility to avail itself of the ILO technical assistance in this regard.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. The Committee notes that, in reply to its previous comments, the Government supplied a copy of the collective agreement between the Azerbaijan Caspian Shipping Company closed joint stock company and the National Committee of the Water Transport Workers’ Trade Union for the period 2017–19. The Committee notes that the Government provides no additional information on the national legislation giving effect to the provisions of the Convention. Referring to its previous comments, the Committee requests the Government once again to take the necessary measures to give effect to the provisions of the Convention, and to transmit copy of any relevant texts implementing the Convention with respect to all seafarers under its scope.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 5 of the Convention. Ship inspection in case of complaint. The Committee notes the Government’s indication in reply to its comments, that Port State Control and Flag State Control are governed by Chapter V of the Merchant Shipping Code and by the Ship Inspection Regulations, approved by Cabinet of Ministers Decision No. 59 of 4 April 2013. The Committee notes that: (i) under section 63 of the Merchant Shipping Code, the competent authority carries out the control on ships and verifies the fulfilment of the requirements of relevant international Conventions; and (ii) the Ship Inspection Regulations regulate inspections on national and foreign ships to verify compliance with the requirements of international Conventions, including working and living conditions of seafarers. The Committee further notes that the Government indicates that the competent authority, i.e. the State Maritime and Port Agency, has authorized classification societies to supervise compliance with the Convention and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee takes note of this information.

Article 13, paragraph 5. Sanitary facilities. Exceptions. Observing that the provisions of the Sanitary Rules allow for exceptions broader than those permitted by the Convention, the Committee requested the Government to bring the relevant provisions of the Rules in conformity with the Convention. The Committee notes the Government’s reference to the International Health Rules (2005), which entered into force for Azerbaijan on 15 July 2007 and are applied by the relevant Ministry of Health bodies during ship sanitation controls. Noting that this information does not address the point raised in its previous comments, the Committee reiterates its request to the Government to take the necessary measures without delay to bring the Sanitary Rules fully in line with Article 13, paragraph 5.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. The Committee welcomes the Government’s indication, in reply to its previous comments that, after the creation of the State Maritime and Port Agency, under the authority of the Ministry of Digital Development and Transport, pursuant to Edict No. 1462 of 11 October 2021, a Department for the Investigation of Maritime Accidents was established. Between 1 January 2022 and 1 June 2023, there were ten ship-related accidents, in which no seafarers were injured. The Government states that, after the department completes the investigation into the accidents, the corresponding information will be sent to the Office. The Committee requests the Government to submit updated information in line with Article 3 of the Convention with its next report.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests the it once again to take the necessary measures to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention, bearing in mind that Conventions Nos 55 and 56 have been included on the agenda of the 118th Session (2030) of the International Labour Conference for abrogation.

Article 2(a)(iii). Shipboard conditions of employment. Record of employment. The Committee notes with interest that, in reply to its previous comments, the Government indicates that: (i) under section 6-1.1.13 of the Merchant Shipping Code, a “seafarer’s book” is to be issued to seafarers by the State Maritime and Port Agency; and (ii) the form of the seafarer’s book is approved by Order No. I/18 of the State Maritime Administration of 20 May 2008. The Committee notes that, according to Order No. I/18 and to the sample supplied by the Government, the seafarer’s book contains several data (e.g. on education and qualification, position, name of the ship, shipowner, sea experience, description of the trip, training courses), without containing any field on the quality of the seafarer’s work or the amount of the seafarer’s wages. The Committee takes note of this information, which addresses its previous request.

Article 2(d)(ii). Complaints with respect to engagement of seafarers. Noting that the Government’s report contains no new information in reply to its previous comment, the Committee requests again the Government to indicate the provisions of national legislation implementing the requirements under Article 2(d)(ii), and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

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The Committee notes that, based on the recommendations of the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Governing Body has decided that member States for which Convention No. 23 is in force should be encouraged to ratify the MLC, 2006 (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any future developments concerning the ratification of the MLC, 2006.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. In its previous comments, the Committee had requested the Government to identify the legislation implementing the requirements of the Convention and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation. The Committee notes that the Government does not provide a reply to this request nor does it submit any additional information. The Committee notes that section 48.21 of the Merchant Shipping Code of Azerbaijan stipulates, in relation to shipowners’ liability, that any shipowner should provide for the members of the crew salaries and other sums to be paid to them as well as repatriation expenses. It further notes that according to section 195 of the same Code, salaries and other amounts to be paid to the captain and crew members, including repatriation cost, shall be subject to insurance. The Committee has not identified any other legal provision giving effect to the Convention. Noting that the Government has not transmitted a copy of the relevant collective agreement nor indicated any other national legislation giving effect to the provisions of the Convention, the Committee requests the Government to adopt without delay the necessary measures to implement the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to several provisions of the Convention regarding specific aspects of crew accommodation (Article 6(2). Design and construction; Article 10(1). Sleeping rooms to be situated above the load line amidships or aft; Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities; Article 15(2). Office space). The Committee notes the Government’s indication in this regard that international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Parts II, III and IV of the Convention are given effect through its direct application.

Article 5. Ship inspection in case of complaint. The Committee requested the Government to specify the provisions that require an inspection of the crew accommodation of a ship every time a complaint is submitted by a seafarers’ organization. The Committee notes that any complaint about unsuitable crew accommodation is made to the port State control (PSC) inspectors or flag State control (FSC) inspectors or to the port master. If a complaint is received stating that the crew accommodation does not comply with the requirements of the Convention, the vessel is examined by PSC or FSC inspectors in line with the requirements of the Convention. While noting this information, the Committee requests the Government to indicate the applicable national provisions implementing the PSC and FSC systems of inspections.

Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to some provisions of the Convention regarding specific aspects of crew accommodation, namely (Article 7(2). Recreation accommodation, bookcase and facilities for reading, writing and games; and Article 8(6). Facilities for washing, drying and ironing). The Committee notes the Government’s indication in this regard that in accordance with article 148(2) of the Constitution, international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Part II of the Convention is given effect through its direct application.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. In its previous comments, the Committee noted the Government’s statement that a Maritime Investigations Department would be created within the Maritime Administration. It requested the Government to provide information on this Department once established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment. In its reply, the Government indicates that as a result of the establishment of a Maritime Research Department within the Maritime Administration, work in this area is currently in progress. The Committee requests the Government to provide information on the work of the Department and on any findings resulting from that work in relation to the prevention of accidents.

Article 7. Accident prevention committee. The Committee requested the Government to indicate the legislation giving effect to this Article of the Convention. The Committee notes the Government’s indication that this provision is given effect by the Service on Sea-going Ships Regulations of Azerbaijan, approved by Decision No. 83 of the Cabinet of Ministers on 20 May 2000.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.

Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee recalls that pursuant to Article 2(d)(ii), Members should ensure that adequate procedures exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint, as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the ILO. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

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In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Repatriation of Seamen Convention, 1926 (No. 23). Implementing legislation and other measures. The Committee notes from the Government’s report that the destinations and other elements relating to repatriation are set out in collective agreements and that shipowners are responsible for these costs and must also have in place insurance to cover these costs. The Committee requests the Government to identify the legislation implementing these requirements and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation.

Accommodation of Crews Convention (Revised), 1949 (No. 92). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 3 of the Convention. Implementing legislation. The Committee requests once again the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, and also to transmit the text of any new laws or regulations that may be adopted on these matters.

Article 5. Ship inspection in case of complaint. The Committee requests again the Government to specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization.

Article 6(2). Design and construction. The Committee requests once again the Government to indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 10(1). Sleeping rooms. The Committee requests the Government to indicate the legal provisions providing that sleeping rooms shall be situated above the load line amidships or aft.

Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities. The Committee previously noted that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules did not provide for mess rooms, open deck area for recreation of crew, and washing and drying facilities for all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring its legislation into conformity with the Convention.

Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.

Article 15(2). Office space. The Committee requests the Government to indicate the legal provision providing that in ships of over 3,000 tons, one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.

Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and checklists currently in use.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous comments.

Article 7(2). Recreation accommodation. The Committee requests once again the Government to indicate how it is ensured that furnishings for recreation accommodation include as a minimum a bookcase and facilities for reading, writing and games.

Article 8(6). Facilities for washing, drying and ironing. The Committee requests once again the Government to indicate how it is ensured that all ships have facilities for washing, drying and ironing clothes.

Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspections results, relevant clauses of collective agreements or any difficulties encountered in the application of the Convention.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 3. Research undertaken into general trends as are brought out by statistics. The Committee notes the Government’s statement in its report that a Maritime Investigations Department will be established within the Maritime Administration. The Committee requests the Government to provide information on the Maritime Investigations Department once it has been established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment.

Article 7. Accident prevention committee. The Committee requests the Government to indicate the legislation giving effect to this Article of the Convention, and to provide copies of the relevant legal texts.

Article 8. Programmes for the prevention of occupational accidents. The Committee notes the Government’s statement that the major shipping companies in the country participate in the implementation of programmes for the prevention of occupational accidents, which are under the control of the Maritime Administration. The Committee accordingly requests the Government to provide detailed information on the programmes established in this respect, indicating the manner in which the cooperation and participation of shipowners, seafarers, and their organizations, as well as other interested bodies, are assured.

Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including, for instance, extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting actions taken, and statistics on the number of occupational accidents reported.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Implementing legislation and other measures. The Committee notes the Government’s statement in its report that, in accordance with article 148(2) of the Constitution, “international treaties to which the Republic of Azerbaijan is a party shall be an integral part of the legislative system of the Republic of Azerbaijan”, and that all ILO Conventions ratified by Azerbaijan have the force of national law. The Committee wishes to recall, however, that ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of international labour Conventions.

Article 2(a)(ii). Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages. In addition, the Committee notes that the Government did not provide a copy of the collective agreement concluded between the management and the employees of the State Caspian Maritime Shipping Company, as requested in its previous comments. The Committee accordingly requests once again the Government to provide a copy of the collective agreement in question.

Article 2(e). Vocational training. The Committee notes the Government’s reference to paragraphs 1.2–1.17 of the Regulations on the Certification of Merchant Shipping Crews as the measures implementing the requirements of the Convention as regards vocational training of seafarers. It also notes that section III of the latter Regulations provides for the aspects covered by training courses and certificates, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. However, the Committee notes that the Government did not provide any detailed information on seafarers’ training activities (curricula, duration, financing) and the training institutions involved, as requested in its previous comments. The Committee accordingly requests once again the Government to provide information in respect of seafarers’ training activities.

Articles 2(f) and 4. Ship inspections. The Committee notes the Government’s statement that the Cabinet of Ministers Decree No. 59 of 4 April 2013 is the main provision giving effect to the requirements of the Convention as regards ship inspections. It also notes that the Maritime Administration has currently nine inspectors who have conducted 526 port State control inspections and 171 flag State control inspections during the reporting period. The Committee requests the Government to continue providing detailed information on: (i) the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Azerbaijan-registered vessels (including results of inspection visits, number and nature of complaints received and action taken); and (ii) the measures taken – including detention – to rectify any conditions on board foreign-flagged ships visiting Azeri ports which are clearly hazardous to the seafarers’ health or safety.

Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, copies of any standardized inspection checklist or inspection report form, copies of applicable collective agreements, and activity reports of port authorities.

[The Government is asked to reply in detail to the present comments in 2016.]

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The Committee notes the Government’s detailed report, in which it refers to the Merchant Shipping Code, adopted in 2001. The Code was, however, not transmitted with the Government’s report and is not available to the Committee for examination. The Committee, therefore, requests the Government to provide a copy of the Merchant Shipping Code, to permit it to examine the Government’s report at its next session.

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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:

The Committee notes the Government’s indication that the repatriation of seamen will be regulated in a new Merchant Shipping Code which is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

1. The Committee notes that while Article 3, paragraph 1, of the Convention does not limit the duty of the shipowner to repatriate a seafarer in case of termination of the employment on the initiative of the shipowner, article 47 of the Merchant Shipping Code actually establishes such limitation. The Committee requests the Government to indicate measures taken or envisaged to bring national legislation into conformity with this provision of the Convention.

2. The Committee asks the Government to provide further information on the following points.

Article 3, paragraph 2. Please indicate whether national legislation gives effect to this provision.

Article 3, paragraph 3. Please indicate how the Government ensures that the ports indicated in the collective agreement fall under one of the four categories of places where the duty of repatriation is deemed to have been duly performed.

Article 3, paragraph 4. The Committee asks the Government to clarify: (i) whether the limitation on the national composition of the vessel’s crews established by article 41 of the Merchant Shipping Code is still applicable in respect of vessels flying the flag of Azerbaijan, and (ii) whether article 47 of the Merchant Shipping Code would be applicable to the repatriation of foreign seamen employed on such vessels.

Article 4. Please indicate the specific provisions of the national legislation that prohibit to place on the seaman the expenses of repatriation if he has been left behind by reasons listed in Article 4 of the Convention.

Article 5, paragraph 1. Please indicate what provisions of the national legislation define the scope of the term "maintenance" and whether it specifically includes the "free" accommodation and the food of the seaman during the repatriation journey.

Article 5, paragraph 2. Please indicate what provisions of the national legislation give effect to Article 5, paragraph 2, of the Convention.

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The Committee notes the Government’s reports. It notes the Government’s indication that the repatriation of seamen will be regulated in a new Merchant Shipping Code which is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

2. The Committee asks the Government to provide further information on the following points.

Article 3, paragraph 2. Please indicate whether national legislation gives effect to this provision.

Article 5, paragraph 2. Please indicate what provisions of the national legislation give effect to Article 5, paragraph 2, of the Convention.