Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s last report, in particular the adoption of certain laws and regulations, such as Act No. 9.537 of 11 December 1997 (LESTA), Act No. 9.432 of 8 January 1997 (REB), Normative Instruction No. 14 of 29 October 1999, Interdepartmental Instruction No. 14 of 13 July 1999, Interdepartmental Instruction No. 19 of 2000, NORMAM-13 of 2000, on the entry, registration, training and professional certification of seafarers. The Committee wishes to draw the Government’s attention to the following points.

Article 5, paragraph 2, of the Convention. For many years the Committee has been commenting on the absence of an explicit provision requiring all fishing vessels of over 100 gross registered tons to carry a certificated mate. In its last report, the Government indicates that national legislation (NORMAM-13 of the Department of Ports and Coasts and Normative Instruction No. 14 of 29 October 1999 of the Ministry of Agriculture on the registration of professional fishermen) requires due certification for all crew members. The Committee, however, has not been able to identify any provision in the above texts giving effect to the specific requirement set out in this Article of the Convention. The Committee hopes that the Government will take the necessary steps without further delay to bring the legislation into conformity with the Convention.

Article 6, paragraph 1. The Committee notes the Government’s statement that there is no minimum age set for a skipper of a fishing vessel and that the minimum age in the case of an engineer is set at 18 years. Recalling that, according to this Article of the Convention, the minimum age prescribed by national laws or regulations for the issuance of a certificate of competency may not be less than 19 years in the case of mates and 20 years in the case of skippers and engineers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the Convention is fully applied in this respect.

Article 9. Further to its previous comments, the Committee notes the Government’s indication that the national legislation (NORMAM-13 and Act No. 9.537 of 1997) provides for courses and qualifications through maritime training centres for all categories of crew of fishing vessels. The Committee would appreciate, however, if the Government would specify the provision requiring minimum professional experience of three years’ sea service in the engine room for issuing an engineer’s certificate on which the Committee has been commenting for some time past. The Committee hopes that the Government will take the appropriate action to ensure full compliance with the Convention in this regard.

Articles 14 and 15. The Committee welcomes the information provided by the Government describing the inspection system and the enforcement measures prescribed in the legislation. In particular, it notes the adoption of Act No. 9.537 prescribing penalties for breaches of the legislation implementing the Convention, Interdepartmental Instruction No. 14 of 13 July 1999 establishing the Special Port and Maritime Labour Inspection Unit and other regional units, and Interdepartmental Instruction No. 19 of 27 September 2000 on procedures for controlling conditions of work. In addition, the Committee notes the Government’s account on the current employment situation in the fishing sector and the objectives of the Fisheries Labour Inspectorate.

Part V of the report form. The Committee would be grateful if the Government would continue providing up-to-date information on the practical application of the Convention including, for instance, extracts of inspection reports or other relevant documents issued by the Special Port and Maritime Labour Inspection Unit showing the number and nature of infringements revealed, available statistics on the composition and capacity of the country’s fishing fleet, the number of competency certificates issued annually, etc.