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

The Committee notes the information provided in the Government’s report, and particularly the adoption of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code.

Article 6, paragraph 1, of the Convention. Minimum age for the issue of a certificate of competency. The Committee notes that, under the terms of section 287 of Act No. 2002-22 issuing the Merchant Shipping Code, any persons wishing to exercise the occupation of seafarer must be aged 18 years. It also notes that, by virtue of section 416 of the same Act, no person may be admitted to serve on board a ship unless he has reached the age of 15 years, as young persons are considered, according to the information provided by the Government, to be ships’ boys in apprenticeship up to the age of 18 years, and then as junior seafarers. However, the Committee notes with regret that, although the Government has been indicating for several years that the revision of the Merchant Shipping Code could provide the opportunity to bring the national legislation into conformity with the Convention, the new Merchant Shipping Code still does not give effect to the requirements set out in Article 6, paragraph 1, of the Convention, which provides that the minimum age for the issue of a certificate of competency shall not be less than 20 years in the case of a skipper, 19 years in the case of a mate and 20 years in the case of an engineer. Recalling that this issue has been the subject of comments for many years, the Committee hopes that the Government will take the necessary measures without delay to bring the legislation into conformity with the Convention on this point.

The Committee also notes that, by virtue of section 735 of the new Merchant Shipping Code, all provisions of laws and regulations which are contrary to it are repealed, including Act No. 62-32 of 22 March 1962. The Committee therefore requests the Government to indicate whether Decrees Nos. 62-402 of 21 September 1962 and 66-792 of 20 October 1966, which gave effect to most of the provisions of the Convention, are still in force.