Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 5, paragraph 2, of the Convention. Obligation to carry a certificated mate. The Committee notes that, in reply to its previous comment, the Government sent a copy of Decree No. 57-457 of 6 April 1957 issuing public service regulations with regard to the obligation to carry certificated officers and engineers on board fishing vessels, supplemented by the Orders of 18 December 1963 and 28 March 1969. It notes that a certificated mate must be carried for deck duties on vessels of 100 or more gross registered tons equipped for maritime fishing.

Article 5, paragraph 5. Derogations. The Committee notes the information from the Government, according to which derogations from the rules that apply to qualifications are registered in a database. It notes that the procedure for the validation of experience is accompanied by an annual report indicating the number of derogations granted and that monitoring is carried out in order to keep this number under control. The Committee notes, however, that this information is very vague and does not provide a full answer to its previous comment, in which it asked the Government to provide information on the use in practice of this type of derogation and to indicate how it ensures that such derogations are only authorized when persons possessing the required qualifications are not available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea. The Committee therefore once again asks the Government to provide a full answer on this matter.

Article 7. Mate’s certificate – required vocational experience. The Committee notes the information supplied by the Government, according to which the duration of training for first mates on fishing vessels is one year in school, plus a number of intermediate periods, including 18 months of actual sea service. It notes that, according to the Government, the national legislation takes account of the requirements expressed by the shipowners and is both more flexible than the Convention – which makes no distinction regarding the size of the vessel or the type of operation – and also more stringent – as the legislation lays down conditions of entry for training and the duration thereof is long. The Committee also notes the Government’s opinion, according to which the Convention does not take account of changes concerning the age of majority and the profile of both the seafaring population and the employment market. Finally, it notes that the Government refers to the STCW-F Convention of the International Maritime Organization, the provisions of which appear closer to the realities of occupations within the fishing sector. The Committee is bound to repeat that states which ratify an ILO Convention are bound by its rules, regardless of whether or not another international instrument exists on the same subject – and all the more so when, as is the case for the STCW-F Convention, that instrument has not been ratified by the State concerned or even received the necessary number of ratifications for it to enter into force. Consequently, the Committee asks the Government to take the necessary measures to amend its legislation so that the minimum amount of professional experience required for the issue of a mate’s certificate is not less than three years of actual deck service.

Articles 11 and 12. Examinations. The Committee notes that the Government refers to specific requirements for each type of maritime vocational training which, however, are not attached to its report. It therefore asks the Government to send copies of these documents. The Committee notes, moreover, that, according to the Government, the validation of experience consists of taking account, individually, of seafarers’ competence developed by various means, including academic knowledge and professional experience. It also notes that this approach enables the training to be individualized by opening the profession to candidates of various profiles in the context of lifelong vocational training and represents one of the responses to the increasing rarity of vocations in this sector without lowering standards. The Committee reiterates, however, that Articles 11 and 12 of the Convention list the requisite areas of knowledge for the candidates for the different certificates (shiphandling, safety of life at sea, maintenance of machinery, etc.). It therefore asks the Government to indicate precisely how these minimum conditions are observed in the context of the validation of experience.

Moreover, the Committee reiterates that Article 13 of the Convention provides for the possibility of issuing competency certificates to persons who have not passed an examination but who have, in fact, had sufficient practical experience of the duties corresponding to the certificate in question, this possibility, however, only existing for the three years following the entry into force of the national law giving effect to the provisions of the Convention. This restriction proves the exceptional and time-restricted character of a system for the validation of experience as envisaged at the time of adoption of the Convention.

Part V of the report form. The Committee notes the information supplied by the Government according to which the reform of computer applications relating to the issue of maritime vocational training certificates will enable the number of certificates issued to be kept under control at the same time as increasing security. It notes that this reform will be tested on one site in autumn 2007 and deployed on all sites in early 2008. The Committee requests the Government to supply updated particulars, once the reform is complete, on the number of competency certificates in the various categories issued each year. The Government is also asked to send all other relevant information concerning the application of the Convention in practice, including extracts of inspection service reports mentioning the number and type of any contraventions recorded and the follow-up action taken.