Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government, particularly regarding Articles 2 and 15 of the Convention. The Committee notes, however, that many matters raised in its previous direct request remain unanswered. It must therefore draw the Government’s attention to the following points once again.

Article 5(2) of the Convention. The Committee asks the Government to indicate the legislation or regulations giving effect to this Article of the Convention and to supply copies of any pertinent instruments.

Article 5(5). The Committee notes that, pursuant to section 5 of Decree No. 93-1342 of 28 December 1993, derogations to the rules applicable to competency may be made, if necessary, for a limited duration on the justified request of the shipowner or his/her representative and after agreement by the competent maritime authority. The Government is asked to provide further information on the use in practice of this type of derogation and to indicate how it ensures that the competent maritime authorities authorize such derogations as required by the Convention, only when persons possessing the required qualifications are not available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea.

Article 7. The Committee notes that pursuant to section 1 of the abovementioned Decree No. 93-1342, exercise of the duties of first mate requires for all vessels, except for those equipped for deep-sea fishing, the possession of a first mate’s fishing certificate. In order to obtain this certificate, candidates must have completed 18 months’ sea service engaged in deck duties, which does not apparently comply with this Article of the Convention. The Committee therefore asks the Government to supply clarification on this matter.

Articles 11 and 12. The Committee notes that the Government refers to specific requirements for each type of maritime vocational training, including training for the fishing skipper’s certificate, which were not attached to the report. The Government is requested to supply these documents in its next report. Furthermore, the Committee notes the adoption of an order of 25 February 2005 regarding the issue of maritime competency certificates by validation of experience allowing vocational competency certificates to be obtained after examination of the candidate’s dossier by a national panel and on the sole condition of having not less than 36 months’ experience as a professional seafarer. The Committee asks the Government to supply clarification regarding the conformity of these arrangements with the requirements for examinations under Part III of the Convention.

Part V of the report form. The Government is asked to provide the Committee in its next report with specific information on the effect given to the Convention in practice, for example, by supplying copies of labour inspection service reports, statistics on the number of competency certificates in the various categories issued during the year, the number and type of contraventions recorded and follow-up action taken, along with any other information allowing it to better assess the conformity of national legislation and practice with the requirements of the Convention.