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Maritime Labour Convention, 2006 (MLC, 2006) - Mozambique (Ratification: 2021)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014, 2016 and 2018 entered into force in Mozambique at the same time as the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. 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 notes that the provisions of the Convention are mainly implemented by the Maritime Labour Regulations (hereafter the “RTM”), adopted by Decree No. 50/2014, of 23 September 2014, and subsidiarily by the Labour Act, adopted by Law No. 23/2007 of 1 August 2007 (hereafter the “Labour Act”). The Committee also notes that the Government indicates that the national legislation does not include provisions for all the detailed requirements of the Convention. The Committee further notes that, in the framework of the Finland and EU-funded Trade for Decent Work project, the Government is receiving technical assistance for the implementation of the Convention. The Committee therefore requests the Government to adopt the necessary measures to implement the Convention, taking into account the matters raised below. The Committee hopes the Government will continue to avail itself of the technical assistance of the Office in this regard.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that the glossary of the RTM defines seafarers as persons of both sexes who exercise professions subject to the jurisdiction of the Maritime Administration. The Committee also notes the Government’s reference to section 2 of the RTM indicating that such regulations apply to Mozambican and non-Mozambican seafarers with the rank of officer or rating with respect to service on board ships, in shipyards, on offshore platforms and in similar types of work. The Committee requests the Government to: (i) indicate whether and how the provisions which give effect to the Convention apply to seafarers who are not members of the ship’s crew, such as hotel and catering personnel; and (ii) clarify whether trainees and cadets who work on board are considered to be seafarers and enjoy the protection afforded by the Convention.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that, according to Section 91(1) of the Labour Act, night work is defined as “work performed between 8 p.m. of one day and the start of the normal working period of the following day”, and that the starting hour of the normal working period is not defined by such Law. Collective labour regulation instruments may consider as night work periods of seven hours between 8 p.m. one day and 5 a.m. the following day (section 91(2)). The Committee recalls that, in accordance with Standard A1.1, paragraph 2, “night” shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. The Committee therefore requests the Government to amend its national legislation in order to ensure full compliance with the requirements of Standard A1.1, paragraph 2.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that seafarers under 18 must not be engaged in unhealthy work, and work that is hazardous or requires great physical effort, as per section 4(3) of the RTM. The Committee also notes that Decree no. 68/2017, of 1 December 2017, which adopts the list of hazardous work prohibited to children, does not include activities prohibited for seafarers under 18 years. Noting that these provisions are of a general nature and do not take into account the specificities of the maritime sector, the Committee requests the Government to determine the types of work likely to jeopardize the health or safety of seafarers under the age of 18, following consultations, as required under Standard A1.1, paragraph 4 of the Convention.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that no specific legislation has been adopted at national level regarding seafarer recruitment and placement services and that there are no public or private recruitment and placement services operating in its territory. The Committee requests the Government to provide information on any developments in this regard. It also requests the Government to indicate how seafarers working on board Mozambican vessels are recruited.
Regulation 2.1 and Standard A2.1, paragraph 1. Seafarers’ employment agreements. Requirements. The Government indicates that seafarers’ employment agreements (SEAs) shall be in written form, dated and signed by both parties (section 7 of the RTM). The Committee requests the Government to indicate how it implements the requirement that the shipowner and the seafarer shall each have a signed original of the SEA (Standard A2.1, paragraph 1(c)). The Government also indicates that Mozambique’s national laws and regulations do not specifically require that seafarers are given an opportunity to review and seek advice on their SEA before signing. While there is no provision establishing expressly that seafarers have easy access on board ship to information about their conditions of employment, this can be inferred from section 19 of the RTM on the duties of shipowners or their representatives. Pursuant to this provision, seafarers may request information from shipowners, who are required to provide it under the principle of mutual cooperation established in section 57 of the Labour Act. Recalling that Standard A2.1, paragraph 1(b) and (d) require the adoption of legislation, the Committee requests the Government to indicate the measures taken to give effect to these provisions.
Regulation 2.1 and Standard A2.1, paragraph 2. Seafarers’ employment agreement. Documents available in English. While noting the Government´s indication that there is no specific national provision on this issue, the Committee notes that employers and trade unions are obliged to disseminate collective bargaining instruments among workers, posting them in a place accessible to all, facilitating their consultation and providing the necessary clarifications on them (section 175 of the Labour Act). The Committee recalls that, where the language of the SEA and any applicable collective bargaining agreement is not in English, a copy of a standard form of the agreement and the portions of the collective bargaining agreement that are subject to a port State inspection shall also be available in English (except for ships engaged only in domestic voyages). The Committee requests the Government to indicate the measures taken to implement Standard A2.1, paragraph 2 of the Convention.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 7 of the RTM provides for the matters to be contained in the SEA but does not include all the particulars required by Standard A2.1, paragraph 4. The Committee requests the Government to amend section 7 of the RTM to ensure that the seafarers’ employment agreement includes: the seafarer’s date of birth or age, and birthplace; the shipowner’s address; the place where the agreement is entered into; the conditions of termination of the agreement; and the reference to the applicable collective bargaining agreement, in conformity with Standard A2.1, paragraph 4(a–c), (g) and (j).
Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Government indicates that Mozambique’s national laws and regulations do not cover termination of an employment agreement at shorter notice or without notice. The Committee requests the Government to indicate the manner in which, in accordance with Standard A2.1, paragraph 6, account is taken of the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Government refers to Section 67(1)(c) of the RTM which provides that in cases of force majeure, the employment agreement remains in force. The Committee notes, however, that the Government has not provided information on the national provisions containing the definition of armed robbery against ships for the purpose of the application of Standards A2.1, paragraph 7 and A2.2, paragraph 7 of the Convention. It also notes that section 67(1)(c) of the RTM only applies to cases in which the seafarer has been recruited for the duration of the trip, and that even in cases of force majeure the employment agreement expires when the ship is safe. The Committee requests the Government to indicate the measures taken to ensure (i) that a seafarer’s employment agreement, regardless of its duration, shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, those terms being defined at national level for this purpose as having the same meaning as in Standard A2.1, paragraph 7;and(ii)that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated (Standard A2.2, paragraph 7), indicating in each case the applicable national provisions.
Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee notes that section 60(6) of the RTM provides for the requirement to provide seafarers with a document containing their full name, seafarer registration number, social security benefits number, the period for which the remuneration is made, a breakdown of the sums received, the levies and deductions taken and the net amount received. The Committee recalls that Standard A2.2, paragraph 2 provides that the monthly account of payments shall also include information on the rate of exchange used when the payment has been made in a currency or at a rate different from the one agreed to. The Committee requests the Government to indicate the national provisions giving full effect to Standard A2.2, paragraph 2, reproducing their text or a summary thereof.
Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes that, while section 61 of the RTM recognizes seafarers’ right to transmit all or part of their earnings to their respective families, dependents or legal beneficiaries, there are no provisions ensuring that (i) allotments should be remitted in due time and directly to the person nominated by the seafarer (Standard A2.2, paragraph 4(b)), and that (ii) any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee requests the Government to indicate how effect is given to these requirements of the Convention.
Regulation 2.3 and Standard A2.3, paragraphs 7 to 9. Hours of work and hours of rest. Drills. The Committee notes the Government’s indication that section 89 of the Labour Act refers to “exceptional work” performed in case of imminent accidents or of urgent and unforeseen work required for the functioning of machinery and equipment, which must be compensated with a period of rest within the following three days. The Committee notes however that this provision does not refer to participation in safety drills and the need to compensate with a period of rest of sufficient extent, and that neither the Labour Act nor the RTM indicate that such drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. The Committee also notes that national legislation does not regulate the issue of on call work. The Committee therefore requests the Government to indicate the measures taken to give effect to Standard A2.3, paragraphs 7 to 9 of the Convention.
Regulation 2.3 and Standard A2.3, paragraphs 10 to 12. Hours of work and hours of rest. Shipboard working arrangements. Records. The Committee notes that section 31 of the RTM regulates the recording of hours of work in a booklet in standardized format approved by the maritime administration, which shall be reviewed on a daily basis by the seafarer’s supervisor and weekly by the ship’s master, for the purpose of proving compliance with applicable laws and agreements. The Committee notes however that there are no provisions in the RTM implementing the requirements of the Convention with regard to posting of a table with the shipboard working arrangements, and that such table, as well as the booklet for recording hours of work shall be established in the working language of the ship and in English. The Committee requests the Government to indicate how it ensures compliance with Standard A2.3, paragraphs 10 to 12 of the Convention.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Government indicates that, according to section 49(1) of the RTM, the minimum period of paid annual leave for seafarers on board is 30 days in each calendar year. The Committee notes however that, pursuant to section 48(2) of the RTM, for seafarers with fixed-term contracts of less than one month and more than three months, the leave period will be equivalent to two calendar days per month of service. Noting that this provision is not in conformity with Standard A2.4, paragraphs 1 and 2,the Committee requests the Government to indicate the measures taken to ensure that all seafarers, regardless of the length of their contract, are entitled to annual leave with pay calculated on the basis of a minimum of 2.5 calendar days per month of employment.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that, although section 45(4) of the RTM provides that days when the seafarer remains on land when the ship is in port are considered as days off when in port, there is no provision on granting the right to shore leave. The Committee requests the Government to indicate the measures taken to ensure that the seafarers’ right to shore leave is provided for by legislation.
Regulation 2.4 and Standard A2.4, paragraph 3. Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Possible exceptions to the prohibition to forgo paid annual leave. Maximum period of service on board. The Government indicates that, according to section 48(1) of the RTM, except as expressly provided by law, the entitlement to paid leave shall not be waived or replaced by additional remuneration or by any other benefit and that this right is not renounceable even if the seafarer gives its consent, except in cases provided for by law. The Committee notes however that, pursuant to section 51, annual leave of two years may be cumulated. The Committee requests the Government to take the necessary measures to ensure that: (i) any exceptions to the prohibition of agreements to forgo the minimum annual leave are only authorized by the competent authority in exceptional circumstances, in order to guarantee the right of seafarers to enjoy a period of annual leave for the benefit of their health and well-being, and to prevent fatigue, vessel unseaworthiness and all risks related thereto; and (ii) seafarers are repatriated at no cost to themselves in the circumstances specified in the Convention, with strict respect of the default 11 months maximum period of service on board derived from the provisions of the Convention (Regulation 2.5 and Regulation 2.4).
Regulation 2.5 and the Code. Repatriation. The Government indicates that section 16(i) of the RTM provides for shipowners’ responsibility for repatriation in the event of termination of an employment agreement, but the circumstances and conditions for such repatriation are not provided. It also indicates that domestic law does not cover financial security to ensure seafarer are duly repatriated. The Committee requests the Government to adopt the necessary measures to implement the detailed requirements of these provisions of the Convention.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. The Government indicates that no legislation has been adopted to implement the 2014 amendments to the Code of the Convention. The Committee requests the Government to adopt the necessary measures to give full effect to these provisions of the Convention and to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.6 and the Code. Seafarer Compensation for the ship’s loss or foundering. The Government indicates that the indemnity is calculated on the basis of section 128 of the Labour Law at the rate of 45 days for each year of service in the case of an open-ended employment agreement. Fixed-term agreements entitle seafarers to receive wages from the date on which the seafarer’s work ends to the date when the work stops until the previously agreed date of termination of the employment. The Committee notes however that section 128 of the Labour Act refers to termination of the contract by the seafarer with just cause, whereas Regulation 2.6 does not impose any conditions as regards seafarers’ compensation for the ship’s loss or foundering. In all cases, seafarers are entitled to their full salary payable under the contract, regardless of evidence of neglect or fault. The Committee accordingly requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention, giving due consideration to guideline B2.6.
Regulation 2.7 and the Code. Manning levels. The Government indicates that Decree-Law No. 265/72 of 31 July 1972 provides for manning levels for merchant marine and fishing vessels, but does not include a restriction on excessive hours of work in order to ensure sufficient rest for seafarers. The Committee notes that, while section 2 of Law no. 5/2015 of 19 June 2015 authorized the Government to revise Decree no. 45969, of 14 October 1964, which provides for the regulation of minimum manning of merchant marine vessels, with the aim to redefine the manning system, observing the relevant international provisions on the matter, namely from the International Maritime Organization and the ILO, the Government has not adopted new legislation in this respect. The Committee accordingly requests the Government to adopt the necessary measures to ensure that effect is given to these provisions of the Convention (Standard A2.7, paragraphs 1 and 2), and that, when determining manning levels, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, particularly the obligation to have a fully qualified cook on board (Standard A2.7, paragraph 3). It also requests the Government to provide for each type of ship (passenger, cargo, etc.) examples of safe manning documents specifying the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Government indicates that section 39 of the RTM contains only a general provision requiring proper accommodation of seafarers. It also indicates that national legislation does not set requirements for hospital accommodation or recreational facilities and does not require inspections upon registration or when substantive changes have been made regarding the size of rooms and other accommodation spaces; heating and ventilation; noise, vibration and other ambient factors; sanitary facilities; lighting; and on-board recreational facilities. Recalling that the competent authority of each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for on-board accommodation and recreation facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraph 5), the Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.The Committee also requests the Government to indicate the measures taken or envisaged to ensure compliance with Standard A3.1, paragraphs 3, 18 and 19.
Regulation 3.2 and Standard A3.2, paragraphs 1,2 and 7. Food and catering. Minimum Standards.Frequent inspections. The Government indicates that there are no national provisions requiring that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions or requiring frequent documented inspections to be carried out on board ships. TheCommittee requests the Government to indicate how effect is given to Standard A3.2, paragraphs 2(b) and 7.
Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training. The Government indicates that there are no provisions transposing the requirements of Standard A3.2, paragraph 2(c) (catering staff to be properly trained), and paragraphs 3 and 4 (ship’s cooks to have completed a training course approved or recognized by the competent authority).The Committee accordingly requests the Government to indicate how it ensures that full effect is given to the requirements of Standard A3.2, paragraphs 2(c) and 4.
Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Fully qualified cook. According to the Government, section 40(4) of the RTM provides that in cases of dire necessity as assessed by the maritime administration, a dispensation may be issued in order to permit an unauthorized cook to serve on board a ship for a short time until the next appropriate port of call is reached or for a period of up to one month. The Committee requests the Government (i) to indicate the measures taken to give effect to the requirement to carry a fully qualified ship’s cook on ships having more than ten crew members (Standard A3.2, paragraph 5 and Regulation 2.7); and (ii) how it ensures that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling storage of food on board ship (Standard A3.2, paragraph 6).
Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. The Government also indicates that, according to section 4(2) of the RTM, cooks under 18 years of age require authorization from their legal representative to enter into an employment agreement. The Committee requests the Government to adopt the necessary measures to ensure that in no circumstances may a person under 18 years of age be employed or contracted to work as a cook on board a ship.
Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Government indicates that, according to sections 16(f) and 42 of the RTM, all seafarers are entitled to medical care and medications and to appropriate on-board protection at the shipowner’s expense ashore or on board in the case of sickness and occupational accident. The Committee notes that no information is provided on whether this includes dental care, on whether seafarers have the right to visit a qualified medical doctor or dentist without delay in ports of call (paragraph 1(c)) and on access to measures of a preventative character (paragraph 1(e)). It also notes that there are no provisions regarding the requirement to carry a qualified medical doctor who is responsible for providing medical care to seafarers, and on-board hospital and medical facilities, equipment and training (Standard A4.1, paragraphs 3 and 4). The Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention and to provide information on how it ensures that seafarers on board Mozambican flagged vessels are given health protection and medical care as comparable as possible to that which is generally available to workers ashore (Standard A4.1, paragraph 1(b)). The Committee also requests the Government to indicate the measures taken to ensure that medical assistance by radio or satellite is provided free of charge to all ships irrespective of the flag that they fly (Standard A4.1, paragraph 4(d)).
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that the Government does not provide detailed information on this issue and refers to section 41 of the RTM, which generally directs to the legislation governing the national social security system. The Committee requests the Government to indicate the measures taken to implement the detailed requirements of Regulation 4.2 and Standard A4.2.1, paragraphs 1 and 3, with respect to all seafarers, including those not covered by the Mozambican social security. The Government is also requested to provide information on any measures that shipowners or their representatives are requested to take to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin (Standard A4.2.1, paragraph 7).
Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Government indicates that the shipowner’s liability under section 43(1) of the RTM shall end when the seafarer is discharged from the clinic, or liability has been transferred to the body responsible for workers’ medical assistance. The Committee requests the Government to clarify whether, in accordance with Standard A4.2.1, paragraphs 2 and 4, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers for not less than 16 weeks from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character.
Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Government indicates that section 44 of the RTM provides that, where the sickness or injury is demonstrably a consequence of an intentional act or omission or of an inexcusable error committed by the seafarer on board or ashore, the seafarer shall be responsible for the cost of the treatment. The Committee observes that it is not clear from these provisions if such exclusion of liability is strictly limited to circumstances due to the “wilful misconduct” of the seafarer. The Committee requests the Government to clarify how it gives effect to Standard A4.2.1, paragraph 5(b).
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Government indicates that no legislation has been adopted to implement the 2014 amendments to the Code of the Convention. The Committee requests the Government to adopt the necessary measures to give full effect to these provisions of the Convention and to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Government refers to section 19(d) and (h) of the RTM which requires the shipowner to ensure on-board occupational safety and health and implement the international Conventions on on-board safety and working conditions adopted by Mozambique. The Committee notes that these are generally applicable provisions which do not implement the detailed requirements of the Convention. The Committee requests the Government to indicate the specific legislative provisions and other measures adopted to give effect to Regulation 4.3, paragraph 3, and to the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners’ and seafarers’ organizations (Regulation A4.3, paragraph 2).
Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. Noting the Government’s indication that there are no legislative provisions on this issue, the Committee requests the Government to adopt the necessary measures to ensure that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers (Standard A4.3, paragraph 2(d)).
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no shore-based welfare facilities for seafarers have been established in the country. Recalling the significance of access to shore-based welfare facilities for the seafarers’ well-being, the Committee requests the Government to provide information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in Mozambique.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security for seafarers: sickness benefit; old-age benefit; maternity benefit; invalidity benefit and survivors’ benefit. Noting that medical care is not included in the list of social security branches specified, the Committee recalls that, in order to complement the protection afforded under Regulations 4.1 and 4.2, Guideline B4.5, paragraph 1 provides that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee requests the Government to provide detailed information on how it ensures that social security protection is provided to seafarers ordinarily resident in Mozambique, paying particular attention to the branches for which it has acquired an international obligation and giving due consideration to Guideline B4.5, paragraph 1. The Government indicates that seafarers and their dependants are covered under the general social security scheme provided for in Decree No. 51/2017 of 9 October 2017, in the same manner as shoreworkers. The Committee requests the Government to clarify whether seafarers ordinarily resident in Mozambique who work on foreign flagged vessels are granted social security benefits under the Mozambican social security system, which are no less favourable than those enjoyed by shoreworkers resident in Mozambique (Standard A4.5, paragraph 3). It further requests the Government to indicate if consideration has been given to ways to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6). The Committee notes that the Government has not provided information on other legislative measures planned to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11). The Committee requests the Government to keep it informed on any future developments in this regard.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the RTM provides that it is up to the Labour Inspection to inspect and monitor its application (section 75) and section 15 of the Regulation of the Labour Inspection adopted through Decree No. 45/2009 of 14 August 2009 sets procedures for filing a complaint in respect of labour issues. The Committee also notes the Government’s indication that no national provisions have been adopted to implement the specific procedures and requirements provided for under Regulation 5.1 and the Code of the Convention with regard to flag State responsibilities. The Committee requests the Government to adopt the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance, Regulation 5.1.4 on inspection and Regulation 5.1.5 on on-board complaint procedures.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that section 77 of Law No. 20/2019, of 8 November 2019 (Law of the Sea), the Permanent Accident and Incident Investigation Commission (CPIAM) is responsible for coordinating the investigation of maritime accidents and incidents and for recommending prevention measures in this respect; section 78 foresees that the functioning of the CPIAM shall be established in a separate statute. In the absence of information in this respect in the Government’s report, the Committee requests the Government to indicate the measures taken to give effect to Regulation 5.1.6 concerning inquiries on serious marine casualties.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Mozambique is party to the Indian Ocean Memorandum of Understanding (IOMOU) on port State control in the Indian Ocean region. The Committee also notes that the Government indicates in its report that there are no legislative provisions on the issue of port State control. The Committee therefore requests the Government to provide information on how it ensures compliance with Regulation 5.2 and the Code, and to provide the statistical information the number of foreign ships inspected in port, the cases where detailed inspections were carried out and where significant deficiencies were detected, and the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights).
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication that Mozambique has not established procedures for seafarers calling at its ports to report a complaint alleging breach of the requirements of the MLC, 2006. The Committee therefore requests the Government to provide information on the measures taken or envisaged to give effect to Regulation 5.2.2 and the Code.
[The Government is asked to reply in full to the present comments in 2026.]
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