Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in reply to its earlier comments.

Article 2 of the Convention. The Committee has expressed on several occasions its concern regarding the operation of fee-charging placement services in ports. It notes from the Government's report for the period 1986-90 that in most cases commercial companies do not use the free public employment services but their own recruitment services, or engage seamen through temporary employment agencies. In its earlier comments the Committee referred to Decree No. 1433 of 1983 which permits the continued operation of temporary employment agencies and fee-charging placement agencies. It notes, from the Government's report for the period ending 30 June 1991, the adoption of Law No. 50 of 1990, sections 71 to 94 of which are regulated by Decree No. 1707 of 1991 and concern the same subject. The Committee reiterates its hope that the Government will not fail to adopt the necessary measures in the very near future in order to give full effect to this Article of the Convention which prohibits the fee-charging placement, or placement by a commercial enterprise for pecuniary gain, of seafarers and provides for legal punishment for any violation.

Articles 4 and 10. The Government indicates that under Decree No. 1421 of 1989 the National Service on Apprenticeship (SENA) has been entrusted with the function of promoting and carrying out the administration of a free public employment service. The Committee requests the Government to indicate the extent to which the employment service reorganised in such a way covers seafarers and, more generally, to supply the information requested by the report from under Article 4. It would like to draw the Government's attention once again to the fact that Article 4 requires the organisation of an efficient and adequate system of public employment offices for finding employment for seamen without charge. It also reiterates its hope that the Government will provide the information, statistical or otherwise, requested in Article 10, paragraph 1. The Committee once again expresses the hope that the necessary measures would be taken by the Government in the very near future with a view to give full effect to the provisions of these Articles.

Article 5. The Committee regrets to note that the Government's report contains no new information in reply to its earlier comments concerning the application of this Article. It asks the Government once again to provide full particulars on measures taken or envisaged in order to give full effect to this Article which provides for consultations to be held with representatives of shipowners and seafarers through advisory committees constituted to advise on matters concerning the carrying on of public employment offices for seafarers.