Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention du travail maritime, 2006 (MLC, 2006) - Algérie (Ratification: 2016)

Autre commentaire sur C186

Demande directe

2023
2019

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018 entered into force for Algeria on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Algeria at the height of the pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue. It also requests the Government to ensure that any remaining restrictions are lifted to ensure full observance of the MLC, 2006.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that only a few laws and regulations applying the Convention have been adopted since its ratification. The Committee recalls that, under Article I, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without further delay the necessary measures to give effect to all the provisions of the Convention.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers.National determination. The Committee notes the Government’s indication, in reply to its previous comment, that the scope of section 384 of Ordinance No. 76-80 of 23 October 1976 issuing the Maritime Code (hereinafter: Maritime Code) is broader than that of Article II, paragraph 1(f), of the Convention. The Government explains that hotel personnel on board Algerian ships are considered as seafarers. The Committee notes that this statement is not reflected in this legal provision. Nor does the Government specify whether other persons who perform other functions on board (related to sports and leisure) are also considered as seafarers. With regard to apprentices, the Committee notes that the Government indicates that persons under 18 years of age are forbidden to work on Algerian ships unless they are apprentices, but that it does not provide any others details on the matter raised in the Committee’s previous comment. The Committee therefore requests the Government to indicate the legislative or regulatory provisions which guarantee that any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies (Article II, paragraph 1(f)) is considered to be a seafarer and receives the protection afforded by the Convention. With regard to apprentices under 18 years of age working on board ships, the Committee recalls that undergoing training on board ship with a view to becoming a seafarer implies by definition working on board and hence there is no doubt that marine apprentices must be considered as seafarers for the purposes of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that marine apprentices are considered as seafarers and enjoy the protection afforded by the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government’s report does not provide any reply to its previous comment. The Committee once again requests the Government to indicate how effect is given to Standard A1.4, paragraph 9, when the owners of ships flying the Algerian flag use seafarer recruitment and placement services established in countries or territories to which the Convention does not apply and, in particular, how they ensure, as far as possible, that these services observe the requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. Further to its previous comment, the Committee notes that the information provided by the Government does not address the matter that it raised. The Committee therefore once again requests the Government to indicate the legislative texts which give effect to Standard A2.1, paragraph 1(b). It also requests the Government to indicate how seafarers are informed of the possibility of asserting this right.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information on the application of this provision of the Convention. The Committee once again requests the Government to indicate how effect is given to Standard A2.1, paragraphs 5 and 6.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information giving effect to these provisions of the Convention. The Committee therefore once again requests the Government to indicate how full effect is given to Standard A2.2, paragraphs 1 and 2.

Regulation 2.3 and Standard A2.3, paragraphs 2, 5 and 6. Hours of work and hours of rest. Limits and division of hours of rest. Further to its previous comment, the Committee notes that the Government does not provide the information requested to enable it to examine the conformity of the national legislation with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to fix, for all seafarers within the meaning of the Convention, either a maximum number of hours of work which must not be exceeded in a given period of time, or a minimum number of hours of rest which must be provided in a given period of time (Standard A2.3, paragraphs 2, 5 and 6).

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication, in reply to its previous comment, that when seafarers feel the need to go ashore because of problems of health or well-being, they shall inform the master or officer in charge of the ship. If an onshore medical consultation is necessary, the ship’s doctor can recommend going ashore for the appropriate treatment. The master of the ship communicates with the authorities of the port where the ship is located or plans to berth. The Committee recalls that regardless of their medical situation seafarers must be granted shore leave to benefit their health and well-being, as long as this is consistent with the operational requirements of their duties. Noting the lack of clarity regarding shore leave for reasons of well-being, the Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and 3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. Further to its previous comment, the Committee notes that the information provided by the Government does not enable it to examine the conformity of the national legislation with the requirements of the Convention. The Committee therefore requests the Government to clarify the definition of the expressions “reasons beyond their control” and “misconduct of the seafarer”. It also requests the Government to take the necessary measures to give full effect to Standard A2.5.1, paragraphs 1 and 3, of the Convention.It further requests the Government to provide information on the procedure that must be followed and the standard of proof that must be applied for a seafarer covered under the Convention to be found “in serious default of the seafarer’s employment obligations”. Recalling the binding standard of the Convention according to which all seafarers have the right to repatriation, the Committee requests the Government to indicate whether there are any collective agreements for foreign seafarers and, if so, to send copies.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In the absence of a reply to the detailed questions posed in its previous comments regarding financial security, the Committee once again draws the Government’s attention to the following questions: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if so, please specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (c) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, please specify whether the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9(c); and (e) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.5.2 and to reply to the above questions, indicating the national provisions applicable in each case.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Further to its previous comment, the Committee notes that the Government’s reply does not provide any information on the unemployment indemnity granted to seafarers in the event of the ship’s foundering. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 2.7 and the Code. Manning levels. Further to its previous comment, the Committee notes that the Government refers, inter alia, to sections 222 to 224 of the Maritime Code under which the on-board crew shall be established according to the operating conditions at sea or in port and the characteristics of the ship, including the size of the ship, the capacity for transporting passengers and freight, the frequency of crew rotations, the number of inspections that can be required in port, and the conditions relating to hours of work and hours of rest. However, the Committee notes that the Government does not indicate how the competent authority takes into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee therefore requests the Government to take the necessary measures to give effect to Standard A2.7, paragraph 3. The Committee also requests the Government to provide for each type of ship the documents specifying the minimum manning levels to ensure the safety of the ship or an equivalent document issued by the competent authority, and to specify the type of ship concerned, its gross tonnage and the number of seafarers usually employed on board.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Further to its previous comment, the Committee notes that the decrees to which the Government refers do not give effect to the requirements of the Convention. The Committee once again requests the Government to take the necessary measures to give full effect to Regulation 3.1 and Standard A3.1.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Committee notes that the Government, in reply to its previous comment, refers to section 2 of the Order of 16 August 2018 establishing physical fitness standards for seafarers. The Committee notes that this provision does not give effect to the requirements of the Convention. The Committee once again requests the Government to take the necessary measures to give effect to these requirements of Standard A4.1, paragraph 1.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Medicine chest, medical equipment and medical guide. Further to its previous comment, the Committee notes the text of the Order of 18 December 2001 amending and supplementing the Order of 30 April 1986 establishing provisions regarding the content of medicine chests on board ships flying the national flag. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(b) and (c). Medical care on board and ashore. Qualified medical doctor on board. Seafarer in charge of medical care. The Committee notes the Government’s indication, in reply to its previous comment, that any ship carrying 100 or more active crew members on board shall be equipped with an on-board hospital managed by a medical doctor and a nurse. The Committee observes that the Government has reiterated the same information provided in its previous report. Recalling that this provision of the Convention provides that ships carrying 100 or more “persons” (not “seafarers”) and ordinarily engaged on international voyages of more than three days’ duration shall carry a medical doctor who is responsible for providing medical care (Standard A4.1, paragraph 4(b)), the Committee once again requests the Government to take the necessary measures to give full effect to this requirement of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes that the Government, in reply to its previous comment, refers to Presidential Decree No. 18-292 of 17 November 2018 approving the National Maritime Search and Rescue Plan (the SAR-Maritime Plan). Noting that the Plan does not cover medical care, the Committee observes that the text of the Decree does not give effect to this provision of the Convention. The Committee therefore once again requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.1, paragraph 4(d).

Regulation 4.2 and the Code. Shipowners’ liability. With reference to its previous comment, the Committee notes the Government’s indication that in the event of the death or long-term incapacity of the seafarer, compensation depends on the employment agreement and the applicable maritime laws and regulations. The Committee observes that the Government does not indicate whether, in the event of seafarers’ incapacity for work, the shipowner is liable to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with the Convention. Lastly, the Government’s report does not indicate whether the payment of this benefit is limited in time. The Committee requests the Government to adopt the necessary measures to give full effect to Standards A4.2.1 and A4.2.2.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that, in reply to its previous comment, the Government refers to legislative texts of a general nature on occupational safety and health which do not appear to take into account the specific characteristics of the maritime sector. The Committee requests the Government to provide detailed information on the laws, regulations and other measures adopted to give effect to Standard A4.3, paragraphs 1 and 2, of the Convention. The Committee also notes that the Government has not provided an example of a Declaration of Maritime Labour Compliance (DMLC), Part II, outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8).The Committee once again asks the Government to provide these documents. It recalls that these measures shall be regularly reviewed in consultation with the representatives of the shipowners’ and seafarers’ organizations (Standard A4.3, paragraph 3).The Committee also requests the Government to provide information on the reporting and investigation procedures for on-board occupational accidents (Standard A4.3, paragraphs 1(d), 5 and 6).

Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to indicate the measures taken to ensure that all seafarers ordinarily resident in Algeria benefit from social security coverage in the branches specified for national seafarers and to indicate the number of foreign seafarers resident in Algeria. Noting that the Government has not provided the requested information, the Committee reiterates its previous request. The Committee also notes the Government’s indication that the social security agreements signed by Algeria with other countries cover all branches of social security. These agreements provide for coordination mechanisms between the social security bodies of the two countries, the sole purpose of which is to guarantee the rights acquired by migrant workers from both countries who plan to stay or reside in their country of origin. The Committee requests the Government to indicate whether the bilateral agreements referred to also cover seafarers and to provide copies of the agreements.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in response to its previous comment, that a copy of the DMLC is attached to its report. The Committee notes, however, that this document was not received. The Committee therefore once again requests the Government to take the necessary measures to give full effect to the requirements of Regulation 5.1,including with regard to Regulation 5.1.3 on the Maritime Labour Certificate and Declaration of Maritime Labour Compliance and Regulation 5.1.4 on inspection. The Committee also requests the Government to provide a copy of the Declaration of Maritime Labour Compliance.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s reference, in response to its previous comment, to a number of legislative texts that do not appear to contain information relevant to Standard A5.1.2, paragraph 1, of the Convention. The Committee once again requests the Government to indicate whether it has authorized recognized organizations to carry out inspection and certification functions in relation to the MLC, 2006.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes, in response to its previous request, the Government’s reference to Act No. 90-04 of 6 February 1990 on the resolution of individual labour disputes. The Committee notes that the provisions of this Act are not relevant to on-board complaint procedures. The Committee recalls that Standard A5.1.5 provides that Members must have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention. The Committee therefore requests the Government to take the necessary measures to give effect to the requirements of Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s explanation, in response to its previous request, of the procedure for dealing with serious marine casualties with reference to section 237 of the Maritime Code, according to which, following marine incidents or casualties involving ships at sea, the maritime labour inspectorate “may” conduct a preliminary investigation to evaluate the severity of the casualty, collect basic information and determine whether further investigation is necessary. Recalling that, in accordance with Regulation 5.1.6, each Member must hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, the Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication, in response to its previous comment, that the effectiveness of the maritime labour inspection system in Algeria is based on a combination of factors, including compliance with standards, prevention of accidents and protection of seafarers’ rights. While noting this information, the Committee observes that the Government does not specify how effect is given to the requirements of Regulation 5.2.1 and Standard A5.2.1, in particular concerning the method used to evaluate the effectiveness of the port State inspection and monitoring system (Regulation 5.2.1, paragraph 4) and the guidance given to authorized officers as to the kinds of circumstances justifying detention of a ship (Standard A5.2.1, paragraph 6).The Committee requests the Government to indicate how full effect is given to these requirements of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee previously requested the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2 and the Code. The Committee notes the Government’s reference to the provisions of Act No. 90-04 of 6 February 1990 on the prevention and resolution of individual labour disputes, as well as the rules and procedures governing conciliation offices and industrial tribunals. Noting that this text does not give effect to Regulation 5.2.2, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A5.2.2.

[The Government is asked to reply in full to the present comments in 2025.]