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Maritime Labour Convention, 2006 (MLC, 2006) - Benin (RATIFICATION: 2011)

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Benin on 8 January 2019 and 26 December 2020, respectively.
Impact of the COVID-19 pandemic. The Committee refers to 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 failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Benin at the height of the pandemic. Noting with deep concern the impact of the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication, in reply to its previous comment, that Act No. 2010-11 of 7 March 2011 issuing the Maritime Code in the Republic of Benin has not yet been amended to bring it into conformity with the Convention. It adds that there has been no tangible progress on revising the road map for the application of the Convention. The Committee requests the Government to adopt without further delay the necessary measures to give effect to the provisions of the Convention. The Committee also requests the Government to provide statistical information on the number of ships flying the Beninese flag. The Committee reminds the Government of the possibility to avail itself of technical assistance from the Office in this regard.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication, in reply to its previous comment, that the definition of seafarers will be taken into account in the new law in order to ensure conformity with the provisions of the Convention. The Committee requests the Government to adopt without further delay the necessary measures to ensure that all seafarers covered by Article II benefit from the protection afforded by the Convention and to keep it informed of any developments in this regard.
Regulation 1.1 and the Code. Minimum age. The Committee notes the Government’s indication, in reply to its previous comment, that the prohibition on work on board a ship for any person under 16 years of age will be mentioned in the new legislation in order to ensure conformity with the provisions of the Convention. The Committee requests the Government to adopt without further delay the necessary measures to give effect to the requirements of the Convention regarding the minimum age and to keep it informed of any developments in this regard.
Regulation 1.2 and the Code. Medical certificate. The Committee notes the Government’s indication, in reply to its previous comment, that the draft decree establishing conditions and procedures for the accreditation of doctors for seafarers takes into account observance of the requirements regarding the nature of medical examinations and the competencies of persons authorized to issue medical certificates. Noting this information, the Committee requests the Government to adopt this decree as soon as possible to give effect to the provisions of the Convention. It also requests the Government to send a copy of the decree once it has been adopted.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication, in reply to its previous comment, that the draft decree establishing conditions and procedures for accrediting private seafarer recruitment and placement services has not yet been signed. Noting this information, the Committee hopes that the Government will adopt without delay this decree giving effect to the provisions of the Convention. The Committee also requests the Government to send a copy of the decree once it has been adopted.
Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s indication, in reply to its previous comment, that there has been no significant progress on this point since its last report. The Government explains that it does not yet have any national policies on career and skill development, or any regulatory texts on employment opportunities for seafarers. The Committee requests the Government to provide information on any developments regarding the adoption of national policies giving effect to Regulation 2.8 of the Convention.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication, in reply to its previous comment, that the welfare council has not yet been established. Recalling the importance of access to welfare facilities for seafarers, the Committee requests the Government to adopt the necessary measures to give full effect to the provisions of Regulation 4.4 of the Convention.
Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication, in reply to its previous comment, that exchanges with the administration of the National Social Security Fund will determine progress expected in the context of the road map adopted to ensure the application of the Convention. Noting that no progress has been made on this matter, the Committee once again requests the Government to adopt without further delay the necessary measures to ensure for seafarers who are ordinarily resident in the territory of Benin the protection afforded by Standard A4.5, paragraph 3, of the Convention.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that the measures for the approval and oversight of organizations authorized to certify ships flying the national flag are in the process of being adopted. Noting this information, the Committee requests the Government to adopt without further delay the necessary measures to give effect to Regulation 5.1 and the Code.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that the provisions of Regulation 5.2.1 will be taken into account by the national legislation in the context of amendments to the Maritime Code. Noting this information, the Committee requests the Government to take the necessary measures without further delay to give effect to Regulation 5.2.1.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In its previous comment, the Committee asked the Government to provide information on onshore seafarer complaint-handling procedures and the number of complaints filed and settled. In the absence of information on this matter, the Committee reiterates its previous request.

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The Committee notes the second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Benin on 18 January 2017. It also notes that the Government’s report was received before the entry into force of these amendments. Following a second review of the information and documents available, the Committee draws the Government’s attention to the matters raised below. If considered necessary, the Committee may come back to other matters at a later stage.
Article I of the Convention. General questions on application. Implementing measures. The Committee noted, in its previous direct request, that the relevant legislation in Benin, and particularly Act No. 2010-11 of 7 March 2011 issuing the Maritime Code in the Republic of Benin, had been drawn up before the adoption of the MLC, 2006, and that as a consequence the Government recognized the need to bring the national legislation into conformity with the Convention. The Committee notes the Government’s indication that there has not been any specific progress since and that the labour administration, the administration of the merchant navy and the National Social Security Fund have decided to establish a new planning for the content of the Roadmap for the implementation of the Convention. Recalling the need to give effect to the MLC, 2006, as soon as possible, the Committee once again requests the Government to provide all the measures that have been adopted or are being prepared at the national level with a view to giving effect to the Convention.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Nothing that the Government does not report any progress in the determination of the scope of application of the national measures that are in force, the Committee once again draws the Government’s attention to the points raised in its previous direct request, which read as follows. The Committee notes that section 5 of the Maritime Code defines a seafarer as “any person who enters an undertaking with the shipowner or his representative to serve on board the ship”. The legislation in Benin accords real importance to registration on the crew list for recognition as a seafarer (section 2 of the General Regulations respecting seafarers). This definition does not cover in full the definition in Article II, paragraph 1(f) of the Convention, “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee once again requests the Government to adopt the necessary measures to ensure that all seafarers covered by Article II benefit from the protection afforded by the Convention.
Regulation 1.1 and the Code. Minimum age. Noting that the Government does not report progress in the implementation of the provisions of the Convention respecting the minimum age of persons who work on ships, the Committee once again draws the Government’s attention to the points raised in its previous direct request, which read as follows. The Committee notes that the legislation in force does not clearly prohibit work on board a ship by any person under the age of 16. Although the Maritime Code establishes the minimum age of 18 years, section 7 of the General Regulations respecting seafarers allows exceptions on the sole condition that the parents (or their representative) give their permission. With regard to the restrictions on working on board ship for seafarers under the age of 18 envisaged by the MLC, 2006, in Standard A1.1, paragraphs 2, 3 and 4 (night work and work likely to jeopardize health or safety), the Committee notes that the legislation currently in force does not give full effect to these provisions. The Committee once again requests the Government to adopt the necessary measures rapidly to ensure the conformity of the legislation with Regulation 1.1 of the Convention.
Regulation 1.2 and the Code. Medical certificate. The Committee noted previously that, according to the information provided by the Government, seafarers must be medically fit to perform their duties in order to board the ship (section 213 of the Maritime Code and section 6 of the General Regulations respecting seafarers of 1998). However, the Committee notes that the legislation in force does not specify the nature of the medical examination or the medical certificate required, nor the right to a further examination (Standard A1.2, paragraphs 1, 2, 3 and 5). The requirements relating to the qualifications and independence of the persons authorized to issue medical certificates are not available (Standard A1.2, paragraph 4). The Committee requests the Government to adopt the necessary measures to ensure that its legislation is in conformity with Regulation 1.2 of the Convention.
Regulation 1.4 and the Code. Recruitment and placement. In its previous comment, the Committee noted the Government’s indication that there is no public seafarer recruitment and placement service operating in its territory. However, it confirmed the existence of three private agencies, of which two are operational, and specified that section 276 of the Maritime Code entrusts the Directorate of Maritime Affairs with competence to supervise the operation of private agencies. The Committee nevertheless noted that this section is very general and principally addresses the role of the administration in the settlement of individual disputes between a shipowner and a seafarer. It is also necessary to note that no legislation gives effect to the provisions of the MLC, 2006, respecting machinery and procedures for complaints concerning the activities of private recruitment placement services. The Committee therefore requested the Government to adopt the necessary measures to give full effect to the requirements of the Convention respecting the recruitment and placement of seafarers. The Committee notes the Government’s indication in its second report that a draft Order issuing rules for the approval of employment agencies for seafarers is under preparation, as well as a list of specifications for private employment structures. The Committee recalls that under Standard A1.4, paragraph 5(b), no fees or other charges should be borne directly or indirectly by the seafarer. The Committee requests the Government to provide a copy of the Order and the list of specifications, as well as any other measures adopted or under preparation to give effect to the other provisions of Regulation 1.4 and Standard A1.4.
Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. In its previous comment, the Committee noted the Government’s indications recognizing that Benin has not up to now adopted national policies that encourage career and skill development and employment opportunities for seafarers domiciled in the national territory. The Committee notes the Government’s explanation that seafarers in Benin are currently trained in subregional schools based in the Republic of Côte d’Ivoire (Regional Academy of Maritime Sciences and Technologies) and Ghana (Regional Maritime University). The Committee also notes the Government’s indication that consideration is still being given to the adoption of a specific policy to take into account the development of the careers and skills of seafarers. The Committee requests the Government to provide precise and detailed information on any measures that have been adopted or are envisaged to give effect to Regulation 2.8 of the Convention.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. In its previous comment, the Committee requested the Government to provide information on the evaluation of needs for seafarers’ welfare facilities in ports in Benin, in accordance with the requirements of Standard A4.4, paragraphs 2 and 3. The Committee notes the Government’s indication that there was previously a seafarers’ welfare committee, but that the committee was not sufficiently dynamic to give satisfaction to seafarers. With a view to making up for this shortcoming, seafarers established an association for their welfare. The Committee notes the Government’s indication that it undertakes, in the framework of the planned reforms in the sector, to ensure the establishment of the welfare council and its operation in accordance with the provisions of the Convention.
Regulation 4.5 and the Code. Social security. In its previous comments, the Committee noted that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government declared, at the time of the ratification of the MLC, 2006, six of the nine branches of social security envisaged by the Convention: old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit. With regard to the coverage of old-age benefit, family benefit and maternity benefit, section 268 of the Maritime Code and section 73 of the General Regulations respecting seafarers provide for coverage by the statutory general scheme. However, the Committee noted that exceptions are possible with the agreement of the parties, under arrangements that are not specified. The Committee requested the Government to provide additional information on the actual conditions for the coverage of seafarers ordinarily resident in its territory by the statutory general social security scheme. The Committee notes the Government’s indication that there are no explicit provisions in the Social Security Code providing for the coverage of seafarers ordinarily resident in the territory of Benin. The Committee also notes the specification by the Government that social security coverage is ensured specially within the framework of the bilateral and multilateral social security agreements to which Benin is a party. The Committee recalls that Standard A4.5, paragraph 3, provides that each Member which has ratified the Convention shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of the Standard to all seafarers ordinarily resident in its territory. The Committee requests the Government to provide the list of all the bilateral and multilateral agreements in force which are likely to give effect to the Convention and to provide detailed explanations on the conditions for the implementation of these agreements. The Committee once again requests the Government to adopt the necessary measures to ensure for seafarers who are ordinarily resident in the territory of Benin the protection envisaged in Standard A4.5, paragraph 3, of the Convention.
In its previous comment, the Committee noted that section 119 of the General Regulations respecting seafarers provides for the provision of compensation to the dependants of a deceased seafarer. The Committee requested the Government to provide additional information on the conditions in practice for the provision of this survivors’ allowance. Noting that the Government has not replied to this comment, the Committee once again requests it to provide detailed information on the conditions in practice for the provision of this survivors’ allowance.
Regulation 5.1 and the Code. Flag State responsibilities. In its previous comment, the Committee noted the Government’s indication that measures would have to be adopted to bring the national legislation into conformity with Regulation 5.1 of the Convention. The Committee also noted that the Government referred to Order No. 26 MEPTP/MM of 13 June 1969 approving classification societies with a view to controlling and classifying ships in Benin. However, the Committee noted that this Order does not take into account all of the requirements of the MLC, 2006, particularly in terms of reviewing authorized organizations and the competences and means of action recognized for such authorized organizations. The Committee requested the Government to provide additional information on the conditions for the approval of authorized organizations, and a complete list of such organizations. The Committee notes the Government’s indication in its second report that Order No. 26 MEPTP/MM of 13 June 1969 approving classification societies with a view to controlling and classifying ships in Benin is the only text in force addressing this matter. The Government indicates that the only company approved since then is the Bureau Veritas. Noting the Government’s commitment to take the necessary measures to ensure the implementation of Regulation 5.1 of the Convention, the Committee requests it to provide information on all the measures adopted or under preparation for this purpose.
Regulation 5.2 and the Code. Port State responsibilities. In its previous comment, the Committee noted that Benin has adhered since 29 June 2007 to the Abuja Memorandum of Understanding (MoU) on port State control. The Committee also noted that the Abuja MoU refers, among the relevant instruments providing a basis for its provisions respecting inspections by the port State, to the MLC, 2006. However, the Committee recalled that the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation rests with the national authorities. The Committee drew the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of the national legislation with the Convention. The Committee notes that the Government has not replied to its comments concerning the responsibilities incumbent upon Benin in accordance with the provisions of the Convention respecting inspections by the port State. The Committee therefore once again requests the Government to take the necessary measures to ensure that the national legislation is in conformity with Regulation 5.2.1 of the Convention.
In its previous comment, the Committee requested the Government to provide information on procedures for dealing with complaints by seafarers on shore and the number of complaints lodged and resolved. The Committee notes the statistical information provided by the Government concerning complaints by seafarers dealt with on shore by the Directorate of the Merchant Navy, even in the absence of the adoption of laws, regulations or other appropriate measures. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation is in conformity with Regulation 5.2.2.
Additional documentation and information required. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy in English, French or Spanish, or a translation in English, as required by Standard A5.1.3, paragraph 12, of the maritime labour certificate and Part I of the Declaration of Maritime Labour Compliance (DMLC) and one or more copies of a Part II of the DMLC drawn up by a shipowner and accepted by your country for the certification of one or more ships; the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see also Guideline B4.1.1, paragraphs 4 and 5); an example of a document (e.g. Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a copy of a report or review prepared by a welfare board, if any, on welfare services (Regulation 4.4); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); if available in your country, a copy, in English, of the national interim maritime labour certificate (Regulation 5.1.3); a copy in English, French or Spanish of the annual reports on inspection activities issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French, or Spanish if the guidelines are not in one of those languages; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English, French or Spanish if the procedures are not in one of those languages (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; a copy of a document, if any, that describes the on-shore complaint-handling procedures (Regulation 5.2.2).

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General questions on application. Measures implementing the Convention. The Committee notes that Benin was not bound by any of the maritime Conventions of the International Labour Organization (ILO) until the ratification of the Maritime Labour Convention, 2006 (MLC, 2006) on 13 June 2011. Benin has ratified all of the ILO’s fundamental Conventions and, of the governance Conventions, the Labour Inspection Convention, 1947 (No. 81), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that the relevant legislation in Benin relating to seafarers consists of Act No. 2010-11 of 7 March 2011 issuing the Maritime Code in the Republic of Benin, Act No. 98-019 of 21 March 2003 issuing the Social Security Code and Act No. 98-015 of 12 May 1998 issuing the General Regulations respecting Seafarers. As the Government indicates in the introductory letter sent with the report, Act No. 2010-11 of 7 March 2011 issuing the Maritime Code in the Republic of Benin was drawn up in 2006 prior to the adoption of the MLC, 2006. The Committee also notes that the regulations referred to in the Maritime Code have, in most cases, not yet been adopted. The Government therefore recognizes the need to bring the national legislation into conformity in accordance with the plan adopted at the conclusion of the tripartite workshop for the validation of the legal gap analysis, held in Cotonou from 22 to 26 July 2013. Finally, the Committee notes the information provided by the Government to the effect that Benin does not currently have ships flying its flag within the meaning of the Convention. While noting the information provided by the Government on the legislation in force and the measures set out in the plan attached to the national report, the Committee requests the Government to complete its present report on the basis of all the information available to it concerning the implementation of the plan and the legislative measures and regulations that will be adopted to ensure the conformity of the national legislation with the MLC, 2006. In this regard, the Committee hopes that the Office will continue to provide the Government with technical assistance in the framework of the ongoing legislative reform, in order to bring the national legislation into line with the provisions of the Convention.
General questions. Scope of application. Article II, paragraph 1(f). Seafarers. The Committee notes that section 5 of the Maritime Code defines a seafarer as “any person who enters an undertaking with the shipowner or his representative to serve on board the ship”. The legislation in Benin accords real importance to registration on the crew list for recognition as a seafarer (section 2 of the General Regulations respecting Seafarers). This definition does not cover in full the definition, paragraph 1(f) in Article II of the MLC, 2006; “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of its legislation with the MLC, 2006, taking into account the proposed amendments and measures attached to its report.
Regulation 1.1 and the Code. Minimum age. The Committee notes that the information provided by the Government does not exclude seafarers under the age of 16 from working on board the ships to which the MLC, 2006, applies. Although the Maritime Code establishes the minimum age at 18 years, section 7 of the General Regulations respecting Seafarers allows exceptions on the sole condition that the parents (or their representative) give their permission. With regard to the restrictions on working on board ship for seafarers under the age of 18 envisaged by the MLC, 2006 in Standard A1.1, paragraphs 2, 3 and 4 – (night work and work likely to jeopardize health or safety), the Committee notes that the legislation currently in force is incomplete. The Committee draws the Government’s attention to the need to take the necessary measures in the near future to ensure the conformity of its legislation with the MLC, 2006, taking into account the proposed amendments and measures attached to its report.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there is no public seafarer recruitment and placement service operating in its territory. However, it confirms the existence of two private agencies. The Government adds that section 276 of the Maritime Code entrusts the Directorate of Maritime Affairs with competence to supervise the operation of private agencies. However, the Committee notes that this section is very general and principally addresses the role of the administration in the settlement of individual disputes between a shipowner and a seafarer. It is also necessary to note that no legislation gives effect to the provisions of the MLC, 2006, respecting machinery and procedures for complaints concerning the activities of private recruitment and placement services. Finally, the Government confirms that the current legislation does not provide for the implementation of paragraph 3 of Regulation 1.4, or paragraphs 9 and 10 of Standard A1.4 respecting the use by seafarers of recruitment and placement services operating in countries that have not ratified the Convention. The Committee notes that the legislation in Benin is not adapted to the provisions of the MLC, 2006 respecting the recruitment and placement of seafarers. It also notes that the Government reports the future measures that will be adopted in accordance with the plan provided with the report. The Committee draws the Government’s attention to the need to adopt all the necessary measures to ensure the conformity of its legislation with the MLC, 2006, taking into account the proposed amendments and measures attached to its report.
Regulation 2.8 and the Code. Career and skill development and opportunities for seafarers’ employment. The Committee notes the information provided by the Government, which recognizes that Benin has not up to now adopted national policies that encourage careers and skill development and employment opportunities for seafarers domiciled in the national territory. The Committee notes that the national legislative provisions provided by the Government on this subject address the matter in part, but that they do not establish clear objectives for the guidance, education and training of seafarers. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure that its legislation is in conformity with the MLC, 2006, taking into account the proposed amendments and measures attached to its report. The Committee also requests the Government to provide relevant information on any national policies adopted in future to encourage career and skill development and greater employment opportunities for seafarers domiciled in the national territory.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication regarding the national measures for the health and safety protection of seafarers. However, the Committee notes that these provisions are very general and do not meet the requirements of the Convention. The Committee also notes that there is no indication of a sectoral policy addressing the occupational health and safety of seafarers. The legislation in force is not reviewed regularly, as required by Standard A4.3, paragraph 3 of the Convention. The Government adds that the national legislation does not address all of the matters covered by paragraphs 1 and 2 of Standard A4.3. The Committee therefore requests the Government to indicate the matters that are not covered. In this respect, the Committee recalls that no specific protection is afforded to young seafarers in so far as the minimum age is theoretically set at 18 years. However, as noted earlier, exceptions are possible for the recruitment of seafarers under the age of 18 years. The Government also indicates that the legislation in force does not envisage the requirement to establish a safety committee on board a ship on which there are five or more seafarers. Although the legislation provides for procedures for the reporting and investigation of cases of occupational accidents and diseases, it should nevertheless be noted that these procedures do not take fully into account the guidance provided by the ILO on the subject. For example, the legislation does not provide for a full report to be drawn up and subsequently submitted to the safety and health committee. Nor does the legislation provide for the examination of reports by the company on shore, as recommended by the ILO. The Committee requests the Government to provide information on the procedures for the reporting of occupational accidents and diseases. The Government also indicates that shipowners are not required to conduct risk evaluations in relation to occupational safety and health on board ship. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure that its legislation is in conformity with the MLC, 2006, taking into account the proposed amendments and measures attached to its report.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requests the Government to provide information on the evaluation of needs for seafarers’ welfare facilities in ports in Benin, in accordance with the requirements of Standard A4.4, paragraphs 2 and 3 of the MLC, 2006. In particular, it requests the Government to indicate whether the possibility of establishing a welfare board has been envisaged with a view to ensuring that welfare facilities and services are appropriate to the needs of seafarers. The Committee also requests the Government to provide information on the system for financing welfare facilities and services.
Regulation 4.5 and the Code. Social security. The Committee notes that at the time of ratification of the MLC, 2006 the Government declared, in accordance with paragraphs 2 and 10 of Standard A4.5, six of the nine branches of social security envisaged by the Convention: old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit, and survivors’ benefit. With regard to the coverage of old-age benefit, family benefit and maternity benefit, section 268 of the Maritime Code and section 73 of the General Regulations respecting Seafarers provide for coverage by the statutory general scheme. However, the Committee notes that exceptions are possible with the agreement of the parties, under arrangements that are not specified. The Committee requests the Government to provide additional information on the actual conditions for the coverage of seafarers ordinarily resident in its territory by the statutory general social security scheme. In this regard, section 119 of the General Regulations respecting Seafarers provides for the provision of compensation to the dependants of a deceased seafarer. The Committee requests the Government to provide additional information on the conditions in practice for the provision of this survivors’ allowance. With regard to the access of seafarers to benefit that is no less favourable than that enjoyed by shoreworkers, the Government indicates in its report that coverage by the general scheme ensures the conformity of the national legislation. However, the Committee also notes that the national legislation provides that the parties may derogate from coverage by the general scheme. The Committee requests the Government to provide additional information on compliance with the principle of protection that is not less favourable for seafarers. The Committee also notes that the Government does not indicate that a draft text is being adopted to improve the benefits to which seafarers are currently entitled. The Committee requests the Government to indicate whether the improvement of the benefits provided to seafarers is envisaged in the context of the adoption of amendments to the national legislation, in accordance with the plan provided with the report. The Committee notes that the Government intends to pay particular attention to bilateral and multilateral social security Conventions and agreements with a view to providing effective coverage for seafarers who are resident in Benin and who work on ships flying the flag of another country. The Committee notes that the Government also indicates that the coverage criterion currently applied is that of the flag of the ship and that, in the framework of the future legislation to be adopted in order to ensure the application of the MLC, 2006, the principle of coverage based on residence will have to be introduced. The Committee requests the Government to provide information on the decisions and measures adopted, according to the national circumstances in Benin, at the national level and within the framework of international cooperation, to progressively achieve comprehensive social security protection for seafarers ordinarily resident.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the information provided by the Government to the effect that Benin does not currently have ships flying its flag within the meaning of the MLC, 2006, and that measures will have to be adopted to bring the national legislation into conformity with Regulation 5.1, in accordance with the proposed amendments and the plan attached to the report. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of the national legislation with the MLC, 2006, taking into account the proposed amendments and measures attached to its report. The Committee also requests the Government to provide all of the documentation referred to in the report form. The Committee notes that although the Government indicates that there are no ships to which the Convention would apply, the Government also refers to Order No. 26 MEPTP/MM of 13 June 1969 approving classification societies with a view to controlling and classifying ships in Benin. However, the Committee notes that this Order does not take into account all of the requirements of the MLC, 2006, particularly in terms of reviewing authorized organizations and the competences and means of action recognized for such authorized organizations. The Committee requests the Government to provide additional information on the conditions for the approval of authorized organizations, and a complete list of such organizations. With regard to the inspection and enforcement required by Regulation 5.1.3, the Committee notes the information provided by the Government. The national legislation reflects in part the requirements of the MLC, 2006, particularly with regard to prohibiting a ship from leaving port, in accordance with Standard A5.1.4, paragraph 7. The Government indicates that inspections are carried out by a classification society. In this regard, the Committee noes that no other information is provided concerning the qualifications and training required for inspectors, in accordance with Standard A5.1.4, paragraph 3, or their status, as set out in Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. With reference to the on-board complaint procedures envisaged in Regulation 5.1.5, the Committee notes the information provided by the Government concerning the non-conformity of the national legislation that is in force. The Committee notes that the national legislation provided by the Government affords protection to seafarers against the risk of victimization. However, the provisions indicated by the Government address the subject in a general manner, without specifically addressing the issue of complaints by seafarers. Furthermore, the Committee notes that other relevant provisions would appear to be such as to restrict the possibility of lodging complaints on board. In this regard, the Committee notes section 615 of the Maritime Code, which establishes a heavy fine on a seafarer (in the order of CFA francs 100,000 to 1 million) in cases of a safety inspection based on inexact allegations. The Committee requests the Government to provide explanations concerning the compatibility of section 615 of the Maritime Code with the implementation of the provisions of the MLC, 2006, in relation to on-board complaints.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the information provided by the Government indicating that Benin has adhered since 29 June 2007 to the Abuja Memorandum of Understanding (MOU) on Port State Control. The annual report of the MOU for 2011 indicates that 48 inspections were conducted by the maritime authorities in Benin under the terms of this control mechanism. Among the relevant instruments providing a basis for its provisions respecting inspections by the port State, the Abuja MOU refers to the MLC, 2006, the International Convention on Standards, Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). The Committee recognizes the value of the coordinated implementation of inspections within the context of port State control at the level of this regional organization. The Committee recalls, however, that the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation rests with the national authorities. The Committee notes the information provided by the Government in the context of its report on the effective port State control inspection and monitoring system established at the national level is not sufficient to guarantee the conformity of the legislation in Benin with the MLC, 2006. With reference to compensation for any loss or damage suffered as a result of a ship being unduly detained or delayed by the port authorities, the Government indicates that the national legislation does not address this matter. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of the national legislation with the MLC, 2006, taking into account the proposed amendments and measures attached to its report. The Committee requests the Government to provide information on procedures for dealing with complaints by seafarers on shore and the number of complaints lodged and resolved.
[The Government is asked to reply in detail to the present comments in 2016.]
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