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

Other comments on C186

Direct Request

2023
2018
2014

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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.