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The Committee notes the information provided in the Government’s report, and particularly the adoption of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code.
Article 6, paragraph 1, of the Convention. Minimum age for the issue of a certificate of competency. The Committee notes that, under the terms of section 287 of Act No. 2002-22 issuing the Merchant Shipping Code, any persons wishing to exercise the occupation of seafarer must be aged 18 years. It also notes that, by virtue of section 416 of the same Act, no person may be admitted to serve on board a ship unless he has reached the age of 15 years, as young persons are considered, according to the information provided by the Government, to be ships’ boys in apprenticeship up to the age of 18 years, and then as junior seafarers. However, the Committee notes with regret that, although the Government has been indicating for several years that the revision of the Merchant Shipping Code could provide the opportunity to bring the national legislation into conformity with the Convention, the new Merchant Shipping Code still does not give effect to the requirements set out in Article 6, paragraph 1, of the Convention, which provides that the minimum age for the issue of a certificate of competency shall not be less than 20 years in the case of a skipper, 19 years in the case of a mate and 20 years in the case of an engineer. Recalling that this issue has been the subject of comments for many years, the Committee hopes that the Government will take the necessary measures without delay to bring the legislation into conformity with the Convention on this point.
The Committee also notes that, by virtue of section 735 of the new Merchant Shipping Code, all provisions of laws and regulations which are contrary to it are repealed, including Act No. 62-32 of 22 March 1962. The Committee therefore requests the Government to indicate whether Decrees Nos. 62-402 of 21 September 1962 and 66-792 of 20 October 1966, which gave effect to most of the provisions of the Convention, are still in force.
In its previous comments the Committee asked the Government to take measures to ensure that the legislation regarding the minimum age is brought into conformity with Article 6, paragraph 1, of the Convention. It notes the Government’s response that this matter is still under examination. The Committee again expresses its hope that the Government will take all necessary measures to give effect to this provision of the Convention and asks it to report on any progress made in this respect.
The Committee notes that the last report communicated by the Government does not contain any new information in reply to its previous direct request and it is bound to raise the issues again in a new direct request:
The Committee notes the Government’s statement in its latest report that there has been no change in the legislation regarding the application of the Convention. The Government states once again that the draft reform of the Merchant Marine Code could provide an opportunity to bring the national legislation into conformity with the provisions of the Convention. The Committee recalls that, for several years, the Government has been announcing that, on the occasion of the reform of the Merchant Marine Code, provisions will be adopted on the minimum age prescribed for the issue of a certificate of competency for a skipper, a mate and an engineer, in accordance with the requirements of Article 6, paragraph 1, of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, while awaiting the general revision of the Merchant Marine Code, to ensure that the legislation is amended so that it is brought into conformity with this provision of the Convention, and that it will provide information on any measures adopted to this effect.
The Committee notes the Government's statement in its latest report that there has been no change in the legislation regarding the application of the Convention. The Government states once again that the draft reform of the Merchant Marine Code could provide an opportunity to bring the national legislation into conformity with the provisions of the Convention. The Committee recalls that, for several years, the Government has been announcing that, on the occasion of the reform of the Merchant Marine Code, provisions will be adopted on the minimum age prescribed for the issue of a certificate of competency for a skipper, a mate and an engineer, in accordance with the requirements of Article 6, paragraph 1, of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, while awaiting the general revision of the Merchant Marine Code, to ensure that the legislation is amended so that it is brought into conformity with this provision of the Convention, and that it will provide information on any measures adopted to this effect.
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:
Further to its previous comments, the Committee again notes that the review of the Merchant Marine Code, referred to for several years as the occasion to adopt legislative minimum age requirements for the issuance of a certificate of competency for a skipper, a mate and an engineer as required by Article 6, paragraph 1, of the Convention, has not taken place. The Committee recalls the Government's earlier statements that while in practice no certificate of competency can be issued before the person concerned has reached the age of 23 (given the period of training involved and the required period of navigation), it had none the less agreed to add the minimum age prescribed by the Convention as a condition for the issuance of a certificate of competency. The Committee trusts the Government will take the necessary measures, pending the more general review of the Merchant Marine Code, by introducing such minimum age requirements for the issuance of a certificate and thus bring the legislation into conformity with the national practice and the Convention. In this regard the Government could consider calling on the technical assistance of the Office through the multidisciplinary team in Dakar.
Further to its previous comments, the Committee notes from the Government's report that the review of the Merchant Marine Code, referred to for several years as the occasion to adopt legislative minimum age requirements for the issuance of a certificate of competency for a skipper, a mate and an engineer as required by Article 6, paragraph 1, of the Convention, has not taken place. It hopes that the Government will take the necessary measures, pending the more general review of the Merchant Marine Code, to put the legislation as well as the practice regarding the minimum age for issuance of a certificate into conformity with the requirements of the Convention.
[The Government is asked to report in detail for the period ending 30 June 1994.]
Further to its previous comments, the Committee notes that it is the Government's intention to make use of the forthcoming review of the Merchant Marine Code in order to establish the minimum age for skippers, mates and engineers. It hopes that the Government will soon take the necessary measures in this respect in order to bring the national legislation into conformity with the provisions of Article 6, paragraph 1, of the Convention.