Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the information supplied by the Government in its report and notes that the legislation necessary to give effect to the Convention has not yet been adopted. In view of the scant progress made in this regard despite the comments it has been making for many years, the Committee again stresses that the draft Decree referred to by the Government in its report ensures application only of Articles, 1, 2, 3, paragraphs 1, 4 and 6; Articles 4, 5, paragraph 1; Articles 6, 9, paragraph 1; Articles 10, 11 and 12 of the Convention. There are as yet no regulations to give effect to Articles 3, paragraph 2 (conditions for signature of the agreement), 8 (information on conditions of employment on board), 9, paragraphs 2 (conditions for giving notice) and 3 (exceptional circumstances in which notice, even when duly given, shall not terminate the agreement), and 15 (measures to ensure compliance with the Convention).

The Committee notes in particular the information to the effect that the Legal Department of the Ministry of Labour and Social Security is at present in possession of the above-mentioned draft Decree, and has been informed of the Committee's previous observation. The Committee therefore trusts that, in its next report, the Government will be able to state that legislation has been adopted to ensure that full effect is given to the Convention.

With regard to Article 5, paragraph 2, the Committee notes that the seafarers' discharge book approved by Resolution No. 00591 of 1982 provides for mention of any misconduct on the part of the seafarer and the penalties imposed by captains and employers. This means that the discharge book would contain comments on the quality of the seaman's work. The Committee trusts that the Government will take the necessary steps to modify the discharge book so as to bring it into conformity with this provision of the Convention, which prohibits any such comments in documents issued to seamen for the purpose of recording their employment on board.

In addition, the Committee would be grateful if the Government would provide detailed information on the practical effect given to the Convention and, in particular, samples of articles of agreement, relevant collective agreements, extracts from inspection reports, statistics of the number of seamen signed on and the number and nature of contraventions reported (point V of the report form).

[The Government is asked to provide a detailed report in 1996.]