Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report which contains no concrete replies to its previous direct request. The Committee recalls that, although the international labour Conventions, once ratified, become part of domestic legislation and prevail over all provisions to the contrary, certain provisions of these Conventions are not directly applicable and require the adoption of national laws. The Committee hopes that the Government will provide, in its next report, the information requested concerning the following:  the scope of the national legislation (Article 1, paragraphs 3 and 6, of the Convention); the regular consultation of fishing-vessel owners’ and fishers’ organizations (Article 3, paragraph 2(e)); provisions relating to complaints lodged by recognized fishers’ organizations (Article 5, paragraph 1(c)); the installation of an adequate system of heating (Article 8, paragraph 1); provisions relating to sleeping rooms (Article 10, paragraphs 6(b), 8, 12, 13 and 25); the setting up of a sick bay on board (Article 13, paragraph 1); and the location of gas containers (Article 16, paragraph 6).

The Committee also notes that the Crew Accommodation Regulations do not appear to contain specific provisions that give effect to the following provisions of the Convention for ships of between 100 and 500 tons: Article 7, paragraph 5; Article 10, paragraphs 2, 12, 13, 14, 16, 22, 24, 25 and 26; Article 11, paragraphs 5 and 7; and Article 12, paragraph 8(e). The Committee therefore asks the Government to indicate how effect is given to these provisions of the Convention in legislation and in practice.

Lastly, the Committee recalls that it has not been able to identify the provisions of national legislation which give effect to the following provisions of the Convention: Article 6, paragraphs 2 and 15; Article 9, paragraphs 2, 3 and 5; Article 10, paragraph 18; and Article 12, paragraphs 4 and 7. The Committee therefore asks the Government to provide further information on these points.