Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report containing a brief comment on its observation of 1989. The Government states that a public employment service for finding employment without charge is being developed through the National Employment Service, in the main cities, including those with large fishing and merchant shipping sectors. The Committee takes note of the foregoing, but again observes with regret that the questions it has been raising for several years on the application of the following provisions of the Convention have received no response.

I. 1. Article 2 of the Convention. The Committee has repeatedly expressed its concern regarding the operation of the fee-charging placement services in ports. In its observation of 1984 it referred, in particular, to Decree No. 1433 of 1983 which permits the continued operation of temporary employment agencies and fee-charging placement agencies. The Committee again expresses the hope that the Government will shortly adopt the necessary measures to give full effect to the above provision which prohibits the fee-paying placement, or placement by a commercial enterprise for pecuniary gain, of seafarers and provides for legal punishment for any violation.

2. Articles 4 and 10. In previous reports, the Government has stated that the National Employment Service (SENALDE) would be responsible for finding employment for seafarers. The Committee refers to its comments on the application of the Employment Service Convention, 1948 (No. 88), and recalls that Article 4 of Convention No. 9 requires the organisation of an efficient and adequate system of public employment offices for finding employment for seamen without charge. Accordingly, the Committee again expresses the hope that the Government will provide the information called for by the report form for Convention No. 9, on the organisation of a system of offices for finding employment without charge, in order to give full effect to these provisions.

3. Article 5. The Committee again expresses the hope that arrangements will also be made for consultations to be held with shipowners' and seafarers' representatives in the conditions set out in this Article, and that the Government will provide full particulars in this connection.

II. The Committee recalls that in previous reports, the Government referred to a draft labour law for seafarers that was prepared in 1983 with the assistance of an ILO expert. The Committee hopes that this draft will be re-examined or that, if appropriate, other suitable measures will be considered in order to bring the national legislation and practice into conformity with the Convention. [The Government is asked to report in detail for the period ending 30 June 1991.]