Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with regret 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 to be raised in its previous direct request, which read as follows:

Article 3 of the Convention. The Committee's previous comments referred to Recommendation No. 9 contained in the back pages of the seafarer's passport, and the identical provision laid down in section 25 of Decree No. 45969, which stipulate that the passport shall be kept by the master or any other officer during the validity of the engagement (durante a vigência da matrícula). The Committee drew the Government's attention to the incompatibility of these provisions with this Article of the Convention which provides that the identity document shall remain in the seafarer's possession at all times. In its report, the Government states that "durante a vigência da matrícula" in this case means "for the duration of the legal formalities preceeding the voyage". In view of the ambiguity of this text which could easily give rise to a different interpretation because of the unusual connotation of the word "vigência" - here used to mean "duration" - the Committee hopes that the Government will shortly take the necessary measures to ensure that the persons concerned can have no doubts as to the proper application of Article 3 of the Convention.

Article 6. The Committee has examined the various legal texts communicated by the Government. They do not, however, appear to contain provisions to ensure the application of this Article. The Committee hopes that the Government will not fail to enclose the Regulations issued by the Directorate of Emigration and Frontiers (DNEFA) concerning the application of this Article with its next report.