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

Repetition

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fifth consecutive year. As the requested report was not received, the Committee examined the application of the Convention on the basis of publicly available information.

General questions on application. Implementing measures. The Committee notes that the issues covered by the Convention are mainly addressed by Act No. 30-63 of 4 July 1963 issuing the Merchant Shipping Code, amended by Act No. 63-65 of 30 December 1965, and by orders and decrees of the Ministry of Transport, Civil Aviation and Merchant Shipping. It observes that the Merchant Shipping Code has not been revised in order to take into account the requirements of the Convention. The Committee also notes that the Labour Code does not exclude fishers from its scope of application, and that Regulation No. 08/12 UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), which is directly applicable in the Congo, also applies to fishing navigation. Having reviewed the available information, the Committee notes certain contradictions between national provisions and between these and the CCMM, as well as the absence of available information on the implementation of numerous provisions of the Convention. Noting that the Constitution of the Congo enshrines the supremacy of ratified international Conventions over national legislation, the Committee underscores, however, the need to avoid any contradiction in the applicable provisions, and recalls that the Convention includes requirements for which Member States have to take the necessary measures to ensure the conformity of national law and practice. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. The Committee also requests the Government to provide detailed information on consultations held with the representative organizations of fishing vessel owners and fishers concerned, as prescribed by the Convention. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of fishers who are nationals or residents of the Congo or who work on fishing vessels that fly the Congolese flag. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.