Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee noted that, according to section 59 of the Merchant Shipping Code of 2001: (1) The shipowner shall ensure: safe working conditions on board the vessel; measures to protect the health of crew members; a supply of fresh food and drinking water; the presence on board the vessel of rescue equipment; suitable operational areas, living accommodation, and other areas. (2) The minimum standards set out in paragraph (1) shall not be inferior to those specified by international agreements to which the Republic of Moldova is a party. The Government stated, therefore, that general living conditions on board ships flying the Moldovan flag must not be inferior to those established by ILO Conventions Nos 92 and 133. While the Committee accepted this as a principle, it noted that there are numerous provisions in these Conventions which are not self-executing and require concrete national action to give them effect at national level. As an example, Article 6, paragraph 8, of Convention No 92 requires that “The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.” The Committee, therefore, requested the Government to enact the necessary laws and regulations to give effect to these Conventions. The Committee notes the Government’s indication in its reports that it carried out various reforms of the central public administration and that, in this framework, it created the Naval Agency, which became operational in 2019. This measure was needed to create an institutional framework capable to elaborate normative texts and implement the ILO Conventions.

The Government further states that while important steps are being taken to improve the legal framework for flag State control, there is a shortage of qualified human resources with the necessary technical and legal expertise on maritime labour issues. The Government states that it needs to identify the opportunities for technical assistance in this area. Noting that according to the most recent statistics published by the United Nations, 143 ships are flying the flag of the Republic of Moldova, the Committee requests the Government to indicate the concrete measures adopted to give full effect to the requirements of Conventions Nos 92 and 133. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.