Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Accommodation of Crews Convention (Revised), 1949 (No. 92) - Guinea - Bissau (Ratification: 1977)

Other comments on C092

Direct Request

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Article 1(3) of the Convention. Scope of application. The Committee notes the Government’s indications that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and of the national legislation has been completed with the assistance of the Office and the Convention is now submitted to the National Popular Assembly. The Committee recalls that in its previous reports, the Government had indicated that there were no vessels above 500 GT registered under its flag while Convention No. 92 applies only to this type of vessels. It draws the Government’s attention to the fact that according to its Article II(4), the MLC, 2006, applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities irrespective of their tonnage. Only ships engaged in fishing or in similar pursuits, and ships of traditional build such as dhows and junks, as well as warships and naval auxiliaries are excluded from its scope of application. The provisions of Convention No. 92 have essentially been reproduced in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the MLC, 2006. However, Standard A3.1 contains flexibility clauses in some respects for passenger ships, ships of less than 3,000 GT, and, under certain conditions, ships of less than 200 GT. The Committee hopes that the Government will soon complete the ratification process of the MLC, 2006, and requests it to keep the Office informed of any new development in this regard.