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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
Noting the Government’s information that an analysis of the compliance of domestic legislation with the provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006) is still underway, the Committee recalls that, within the framework of the Standards Review Mechanism, the Governing Body has included on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation, inter alia, of Conventions Nos 23, 92 and 134. As regards Convention No. 147, which had been classified as an outdated instrument, the Governing Body decided that its situation would be reviewed by the Special Tripartite Committee on the MLC, 2006 at its sixth meeting to decide on its possible abrogation or withdrawal. In this context, the Committee requests the Government to continue providing information on the prospects of ratification of the MLC, 2006. The Committee reminds the Government of the possibility to avail itself of the ILO technical assistance in this regard.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. The Committee notes that, in reply to its previous comments, the Government supplied a copy of the collective agreement between the Azerbaijan Caspian Shipping Company closed joint stock company and the National Committee of the Water Transport Workers’ Trade Union for the period 2017–19. The Committee notes that the Government provides no additional information on the national legislation giving effect to the provisions of the Convention. Referring to its previous comments, the Committee requests the Government once again to take the necessary measures to give effect to the provisions of the Convention, and to transmit copy of any relevant texts implementing the Convention with respect to all seafarers under its scope.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 5 of the Convention. Ship inspection in case of complaint. The Committee notes the Government’s indication in reply to its comments, that Port State Control and Flag State Control are governed by Chapter V of the Merchant Shipping Code and by the Ship Inspection Regulations, approved by Cabinet of Ministers Decision No. 59 of 4 April 2013. The Committee notes that: (i) under section 63 of the Merchant Shipping Code, the competent authority carries out the control on ships and verifies the fulfilment of the requirements of relevant international Conventions; and (ii) the Ship Inspection Regulations regulate inspections on national and foreign ships to verify compliance with the requirements of international Conventions, including working and living conditions of seafarers. The Committee further notes that the Government indicates that the competent authority, i.e. the State Maritime and Port Agency, has authorized classification societies to supervise compliance with the Convention and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee takes note of this information.
Article 13, paragraph 5. Sanitary facilities. Exceptions. Observing that the provisions of the Sanitary Rules allow for exceptions broader than those permitted by the Convention, the Committee requested the Government to bring the relevant provisions of the Rules in conformity with the Convention. The Committee notes the Government’s reference to the International Health Rules (2005), which entered into force for Azerbaijan on 15 July 2007 and are applied by the relevant Ministry of Health bodies during ship sanitation controls. Noting that this information does not address the point raised in its previous comments, the Committee reiterates its request to the Government to take the necessary measures without delay to bring the Sanitary Rules fully in line with Article 13, paragraph 5.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. The Committee welcomes the Government’s indication, in reply to its previous comments that, after the creation of the State Maritime and Port Agency, under the authority of the Ministry of Digital Development and Transport, pursuant to Edict No. 1462 of 11 October 2021, a Department for the Investigation of Maritime Accidents was established. Between 1 January 2022 and 1 June 2023, there were ten ship-related accidents, in which no seafarers were injured. The Government states that, after the department completes the investigation into the accidents, the corresponding information will be sent to the Office. The Committee requests the Government to submit updated information in line with Article 3 of the Convention with its next report.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests the it once again to take the necessary measures to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention, bearing in mind that Conventions Nos 55 and 56 have been included on the agenda of the 118th Session (2030) of the International Labour Conference for abrogation.
Article 2(a)(iii). Shipboard conditions of employment. Record of employment. The Committee notes with interest that, in reply to its previous comments, the Government indicates that: (i) under section 6-1.1.13 of the Merchant Shipping Code, a “seafarer’s book” is to be issued to seafarers by the State Maritime and Port Agency; and (ii) the form of the seafarer’s book is approved by Order No. I/18 of the State Maritime Administration of 20 May 2008. The Committee notes that, according to Order No. I/18 and to the sample supplied by the Government, the seafarer’s book contains several data (e.g. on education and qualification, position, name of the ship, shipowner, sea experience, description of the trip, training courses), without containing any field on the quality of the seafarer’s work or the amount of the seafarer’s wages. The Committee takes note of this information, which addresses its previous request.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Noting that the Government’s report contains no new information in reply to its previous comment, the Committee requests again the Government to indicate the provisions of national legislation implementing the requirements under Article 2(d)(ii), and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
The Committee notes that, based on the recommendations of the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Governing Body has decided that member States for which Convention No. 23 is in force should be encouraged to ratify the MLC, 2006 (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any future developments concerning the ratification of the MLC, 2006.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. In its previous comments, the Committee had requested the Government to identify the legislation implementing the requirements of the Convention and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation. The Committee notes that the Government does not provide a reply to this request nor does it submit any additional information. The Committee notes that section 48.21 of the Merchant Shipping Code of Azerbaijan stipulates, in relation to shipowners’ liability, that any shipowner should provide for the members of the crew salaries and other sums to be paid to them as well as repatriation expenses. It further notes that according to section 195 of the same Code, salaries and other amounts to be paid to the captain and crew members, including repatriation cost, shall be subject to insurance. The Committee has not identified any other legal provision giving effect to the Convention. Noting that the Government has not transmitted a copy of the relevant collective agreement nor indicated any other national legislation giving effect to the provisions of the Convention, the Committee requests the Government to adopt without delay the necessary measures to implement the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to several provisions of the Convention regarding specific aspects of crew accommodation (Article 6(2). Design and construction; Article 10(1). Sleeping rooms to be situated above the load line amidships or aft; Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities; Article 15(2). Office space). The Committee notes the Government’s indication in this regard that international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Parts II, III and IV of the Convention are given effect through its direct application.
Article 5. Ship inspection in case of complaint. The Committee requested the Government to specify the provisions that require an inspection of the crew accommodation of a ship every time a complaint is submitted by a seafarers’ organization. The Committee notes that any complaint about unsuitable crew accommodation is made to the port State control (PSC) inspectors or flag State control (FSC) inspectors or to the port master. If a complaint is received stating that the crew accommodation does not comply with the requirements of the Convention, the vessel is examined by PSC or FSC inspectors in line with the requirements of the Convention. While noting this information, the Committee requests the Government to indicate the applicable national provisions implementing the PSC and FSC systems of inspections.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to some provisions of the Convention regarding specific aspects of crew accommodation, namely (Article 7(2). Recreation accommodation, bookcase and facilities for reading, writing and games; and Article 8(6). Facilities for washing, drying and ironing). The Committee notes the Government’s indication in this regard that in accordance with article 148(2) of the Constitution, international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Part II of the Convention is given effect through its direct application.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. In its previous comments, the Committee noted the Government’s statement that a Maritime Investigations Department would be created within the Maritime Administration. It requested the Government to provide information on this Department once established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment. In its reply, the Government indicates that as a result of the establishment of a Maritime Research Department within the Maritime Administration, work in this area is currently in progress. The Committee requests the Government to provide information on the work of the Department and on any findings resulting from that work in relation to the prevention of accidents.
Article 7. Accident prevention committee. The Committee requested the Government to indicate the legislation giving effect to this Article of the Convention. The Committee notes the Government’s indication that this provision is given effect by the Service on Sea-going Ships Regulations of Azerbaijan, approved by Decision No. 83 of the Cabinet of Ministers on 20 May 2000.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee recalls that pursuant to Article 2(d)(ii), Members should ensure that adequate procedures exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint, as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the ILO. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.
Repatriation of Seamen Convention, 1926 (No. 23). Implementing legislation and other measures. The Committee notes from the Government’s report that the destinations and other elements relating to repatriation are set out in collective agreements and that shipowners are responsible for these costs and must also have in place insurance to cover these costs. The Committee requests the Government to identify the legislation implementing these requirements and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation.
Accommodation of Crews Convention (Revised), 1949 (No. 92). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:
Article 3 of the Convention. Implementing legislation. The Committee requests once again the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, and also to transmit the text of any new laws or regulations that may be adopted on these matters.
Article 5. Ship inspection in case of complaint. The Committee requests again the Government to specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization.
Article 6(2). Design and construction. The Committee requests once again the Government to indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.
Article 10(1). Sleeping rooms. The Committee requests the Government to indicate the legal provisions providing that sleeping rooms shall be situated above the load line amidships or aft.
Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities. The Committee previously noted that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules did not provide for mess rooms, open deck area for recreation of crew, and washing and drying facilities for all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring its legislation into conformity with the Convention.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.
Article 15(2). Office space. The Committee requests the Government to indicate the legal provision providing that in ships of over 3,000 tons, one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and checklists currently in use.
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous comments.
Article 7(2). Recreation accommodation. The Committee requests once again the Government to indicate how it is ensured that furnishings for recreation accommodation include as a minimum a bookcase and facilities for reading, writing and games.
Article 8(6). Facilities for washing, drying and ironing. The Committee requests once again the Government to indicate how it is ensured that all ships have facilities for washing, drying and ironing clothes.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspections results, relevant clauses of collective agreements or any difficulties encountered in the application of the Convention.
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 3. Research undertaken into general trends as are brought out by statistics. The Committee notes the Government’s statement in its report that a Maritime Investigations Department will be established within the Maritime Administration. The Committee requests the Government to provide information on the Maritime Investigations Department once it has been established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment.
Article 7. Accident prevention committee. The Committee requests the Government to indicate the legislation giving effect to this Article of the Convention, and to provide copies of the relevant legal texts.
Article 8. Programmes for the prevention of occupational accidents. The Committee notes the Government’s statement that the major shipping companies in the country participate in the implementation of programmes for the prevention of occupational accidents, which are under the control of the Maritime Administration. The Committee accordingly requests the Government to provide detailed information on the programmes established in this respect, indicating the manner in which the cooperation and participation of shipowners, seafarers, and their organizations, as well as other interested bodies, are assured.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including, for instance, extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting actions taken, and statistics on the number of occupational accidents reported.
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Implementing legislation and other measures. The Committee notes the Government’s statement in its report that, in accordance with article 148(2) of the Constitution, “international treaties to which the Republic of Azerbaijan is a party shall be an integral part of the legislative system of the Republic of Azerbaijan”, and that all ILO Conventions ratified by Azerbaijan have the force of national law. The Committee wishes to recall, however, that ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of international labour Conventions.
Article 2(a)(ii). Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages. In addition, the Committee notes that the Government did not provide a copy of the collective agreement concluded between the management and the employees of the State Caspian Maritime Shipping Company, as requested in its previous comments. The Committee accordingly requests once again the Government to provide a copy of the collective agreement in question.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign registered ships.
Article 2(e). Vocational training. The Committee notes the Government’s reference to paragraphs 1.2–1.17 of the Regulations on the Certification of Merchant Shipping Crews as the measures implementing the requirements of the Convention as regards vocational training of seafarers. It also notes that section III of the latter Regulations provides for the aspects covered by training courses and certificates, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. However, the Committee notes that the Government did not provide any detailed information on seafarers’ training activities (curricula, duration, financing) and the training institutions involved, as requested in its previous comments. The Committee accordingly requests once again the Government to provide information in respect of seafarers’ training activities.
Articles 2(f) and 4. Ship inspections. The Committee notes the Government’s statement that the Cabinet of Ministers Decree No. 59 of 4 April 2013 is the main provision giving effect to the requirements of the Convention as regards ship inspections. It also notes that the Maritime Administration has currently nine inspectors who have conducted 526 port State control inspections and 171 flag State control inspections during the reporting period. The Committee requests the Government to continue providing detailed information on: (i) the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Azerbaijan-registered vessels (including results of inspection visits, number and nature of complaints received and action taken); and (ii) the measures taken – including detention – to rectify any conditions on board foreign-flagged ships visiting Azeri ports which are clearly hazardous to the seafarers’ health or safety.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, copies of any standardized inspection checklist or inspection report form, copies of applicable collective agreements, and activity reports of port authorities.
[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 3 of the Convention. Implementing legislation. The Committee notes the Government’s statement that the Order of the USSR Merchant Fleet Ministry No. 6 of 9 January 1976 is no longer in force, and that Cabinet Order No. 83 of 8 May 2000 now implements the Convention. In addition, the Government states that the Sanitary Rules for USSR maritime ships (Regulation No. 2641-82 of 25 December 1982 and 122-6/452-1 of 13 November 1984), ensure compliance with the Convention; that inspections to ensure such compliance are undertaken by port state inspectors under the auspice of the Maritime Port Authority; and that penalties for violations are carried out by port state inspectors, potentially in the form of ship detention, until deficiencies have been remedied. However, the Committee further notes the Government’s statement in its report under the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) that it is currently in the process of drawing up national legislation with respect to maritime sanitary regulations. The Committee further notes that the State Maritime Administration (RASMA) was established in 2006 under Presidential Decree No. 697, making the Administration responsible for flag and port state policies. The Committee requests the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, as required by this Article of the Convention, and also to transmit the text of any new laws or regulations that may be adopted on these matters.
Article 5. Ship inspection in case of complaint. Please specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A5.1.4(5) of the Maritime Labour Convention, 2006 (MLC, 2006).
Article 6(2). Design and construction. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(6)(e) of the MLC, 2006.
Article 10(1). Sleeping rooms. Please indicate the legal provision giving effect to this requirement of the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(6)(c) of the MLC, 2006.
Article 11(1), 12(1) and 13(12). Mess rooms, open deck and washing/drying facilities. The Committee notes that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules provide for mess rooms, open deck area for recreation of crew and washing and drying facilities only for ships of category I and category II, but not in respect of all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring the provisions of the Sanitary Rules into line with the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(10), (13) and (14) of the MLC, 2006.
Article 13(5). Sanitary facilities – exceptions. The Committee notes that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permit the possible reduction in the number of sanitary facilities in ships of category IV, i.e. ships engaged on voyages of not more than eight hours’ duration. The Committee recalls, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into conformity with the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(11)(e) of the MLC, 2006.
Article 15(2). Office space. Please indicate the legal provision giving effect to this requirement of the Convention. The Committee recalls, in this respect, that a similar requirement is now reflected in Standard A3.1(15) of the MLC, 2006.
Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and check lists currently in use.
Finally, the Committee seizes this opportunity to recall that most of the provisions of Conventions No. 92 and No. 133 on crew accommodation have been incorporated without significant changes in Title 3 of the MLC, 2006, and therefore ensuring compliance with these Conventions would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

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

The Committee notes the Government’s report with responses to its previous comment concerning Article 1, paragraph 1, of the Convention. It also notes that copies of the following legislation, referred to in the Government’s report, have not been transmitted by the Government and are not available at the International Labour Office:

(1)   Merchant Shipping Code of 2001;

(2)   “Regulations on the shipping company occupational safety service”, issued by the head of the Azerbaijan State Caspian Sea Steamshipping Line on 16 August 1999;

(3)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, No. 67, dated 22 March 2001, “establishing the procedure for conducting safety inspections”;

(4)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, No. 94, dated 10 May 2001, “establishing the list of potentially hazardous installations”; and

(5)   resolution of the Cabinet of Ministers of the Republic of Azerbaijan, dated 8 July 2002, “establishing the procedure for certification of technical devices and equipment used at potentially hazardous installations”.

The Committee requests the Government to provide copies of these codes, regulations and resolutions, if possible, in English or French.

Noting that the report provides only a partial response to the questions raised in its previous direct requests, the Committee asks the Government to provide further information on the following points.

–           Article 3, paragraph 1, of the Convention. Please indicate whether the Regulations on service on ships of the Ministry of Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of Maritime Fleet of the USSR, dated 9 January 1976, remain in force in Azerbaijan.

–           Article 3, paragraph 2(a). The Committee requests the Government to provide information about any reprints of the Sanitary Rules for seagoing vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982, and No. 122-6/452-1 of 13 November 1984) (the Sanitary Rules); the Rules of accident prevention on board seagoing vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of Maritime Fleet of the USSR, dated 13 March 1975 (the Rules of Accident Prevention); and the Safety Requirements for Seagoing Vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the Safety Requirements) in Azerbaijan. Please also indicate how other relevant laws or regulations are brought to the notice of all persons concerned, as required by this provision of the Convention.

–           Article 3, paragraph 2(c). Please indicate what penalties are prescribed for violation of the laws and regulations of Azerbaijan that ensure the application of the Convention.

–           Article 3, paragraph 2(d), Part III of the report form. The Committee asks the Government to clarify whether the duties of the Master of port include the supervision of the observance of the requirements of Conventions Nos. 92 and 133 on ships flying the flag of Azerbaijan and, if so, to provide details on the organization and working of inspection.

–           Article 3, paragraph 2(e). Please indicate whether the legislation of Azerbaijan requires the competent authorities of Azerbaijan to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

–           Article 5, paragraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union of seafarers.

–           Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

–           Article 6, paragraph 6. The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

–           Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

–           Article 6, paragraph 11. Please indicate the specific provisions of the legislation that set forth the requirements in respect of decks.

–           Article 6, paragraph 12. Please indicate the specific provisions of the legislation that set forth the requirements in respect of the joining with sides.

–           Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in Azerbaijan there are ships regularly engaged on voyages in the tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

–           Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

–           Article 10, paragraph 17. Please indicate the specific provisions of the legislation that give effect to the requirement that the material of berth shall not be likely to corrode or to harbour vermin.

–           Article 10, paragraph 19. Please indicate the specific provisions of the legislation requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

–           Article 11, paragraph 1. The Committee notes that, under subsection 2.3.1 of the Sanitary Rules, mess room accommodation shall be provided only in respect of ships of category I and category II, but not in respect of all ships, as is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

–           Article 12, paragraph 1. The Committee notes that, as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of category I and in the ships of category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

–           Article 13, paragraph 4(b). Please indicate whether, under subsection 2.9.2.3 of the Sanitary Rules, the ships are required to have a separate water closet for every eight persons or less.

–           Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

–           Article 13, paragraph 6. Please indicate whether the maximum amount of freshwater which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

–           Article 13, paragraph 12. The Committee notes that, under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of category I and category II, but in ships of categories III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

–           Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

–           Article 17, paragraph 2. Please indicate the specific provisions of the legislation that set forth the regularity of the inspections of crew accommodation.

–           The Committee also requests the Government to indicate specific provisions of the national legislation, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, paragraphs 2(a)-2(d); Article 13, paragraph 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4, of the Convention.

The Government is asked to reply in detail to the present comments and to provide a detailed report, in accordance with the report form adopted by the ILO Governing Body.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 Government’s report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

Noting that the report provides only a partial response to the questions raised in its 1998 direct request, the Committee asks the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention. The Committee notes that the Government signed an agreement with the Russian Maritime Register of Shipping in Azerbaijan. Under the terms of this agreement, the Russian Maritime Register is authorized to exercise supervision over the observance of Conventions Nos. 92 and 133 on all civilian ships flying the flag of Azerbaijan. The Committee further notes that the institution of a Ministry of Transport which would exercise the respective powers of the maritime administration is under consideration; it would include a service responsible for safety requirements on board ships. The Committee asks the Government to provide information on any developments in this respect.

Article 3, paragraph 1. Please indicate whether the Regulations on service on ships of the Ministry of Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of Maritime Fleet of the USSR, dated 9 January 1976, remain in force in Azerbaijan.

Article 3, subparagraph 2(a). The Committee requests the Government to provide information about any reprints of the Sanitary Rules for seagoing vessels of the USSR, approved by the Chef Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the Sanitary Rules), the Rules of accident prevention on board of seagoing vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of Maritime Fleet of the USSR, dated 13 March 1975 (the Rules of Accident Prevention) and the Safety Requirements for Seagoing Vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the Safety Requirements) in Azerbaijan.

Article 3, subparagraph 2(c). Please indicate what penalties are prescribed for violation of the laws and regulations of Azerbaijan that ensure the application of the Convention.

Article 3, subparagraph 2(d), Part III of the report form. The Committee notes the adoption of the Regulations on the Master of the international merchant maritime port, approved by Resolution No. 83 of the Cabinet of Ministers, dated 8 May 2000. The Committee further notes that the Master of port is the head of the Inspection of port supervision (section 2 of Part I of the Regulations), and that he is entrusted with the supervision of the observance of the existing laws, resolutions, rules and international agreements signed by Azerbaijan in the area of merchant shipping, as concerns the safety of navigation (section 2 of Part II of the Regulations). The Committee asks the Government to clarify whether the duties of the Master of port include the supervision of the observance of the requirements of Conventions Nos. 92 and 133 on ships flying the flag of Azerbaijan and, if so, to provide details on the organization and working of inspection.

Article 3, subparagraph 2(e). Please indicate whether the legislation of Azerbaijan requires the competent authorities of Azerbaijan to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 5, subparagraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union of seafarers.

Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6. The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11. Please indicate the specific provisions of the legislation that set forth the requirements in respect of decks.

Article 6, paragraph 12. Please indicate the specific provisions of the legislation that set forth the requirements in respect of the joining with sides.

Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in Azerbaijan there are ships regularly engaged on voyages in the tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17. Please indicate the specific provisions of the legislation that give effect to the requirement that the material of berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19. Please indicate the specific provisions of the legislation requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1. The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodation shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1. The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b). Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6. Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2. Please indicate the specific provisions of the legislation that set forth the regularity of the inspections of crew accommodation.

The Committee also requests the Government to indicate specific provisions of the national legislation, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, subparagraphs 2(a)-2(d); Article 13, paragraph 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4,of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

Noting that the report provides only a partial response to the questions raised in its 1998 direct request, the Committee asks the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention.  The Committee notes that the Government signed an agreement with the Russian Maritime Register of Shipping in Azerbaijan. Under the terms of this agreement, the Russian Maritime Register is authorized to exercise supervision over the observance of Conventions Nos. 92 and 133 on all civilian ships flying the flag of Azerbaijan. The Committee further notes that the institution of a Ministry of Transport which would exercise the respective powers of the maritime administration is under consideration; it would include a service responsible for safety requirements on board ships. The Committee asks the Government to provide information on any developments in this respect.

Article 3, paragraph 1.  Please indicate whether the Regulations on service on ships of the Ministry of Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of Maritime Fleet of the USSR, dated 9 January 1976, remain in force in Azerbaijan.

Article 3, subparagraph 2(a).  The Committee requests the Government to provide information about any reprints of the Sanitary Rules for seagoing vessels of the USSR, approved by the Chef Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the Sanitary Rules), the Rules of accident prevention on board of seagoing vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of Maritime Fleet of the USSR, dated 13 March 1975 (the Rules of Accident Prevention) and the Safety Requirements for Seagoing Vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the Safety Requirements) in Azerbaijan.

Article 3, subparagraph 2(c).  Please indicate what penalties are prescribed for violation of the laws and regulations of Azerbaijan that ensure the application of the Convention.

Article 3, subparagraph 2(d), Part III of the report form.  The Committee notes the adoption of the Regulations on the Master of the international merchant maritime port, approved by Resolution No. 83 of the Cabinet of Ministers, dated 8 May 2000. The Committee further notes that the Master of port is the head of the Inspection of port supervision (section 2 of Part I of the Regulations), and that he is entrusted with the supervision of the observance of the existing laws, resolutions, rules and international agreements signed by Azerbaijan in the area of merchant shipping, as concerns the safety of navigation (section 2 of Part II of the Regulations). The Committee asks the Government to clarify whether the duties of the Master of port include the supervision of the observance of the requirements of Conventions Nos. 92 and 133 on ships flying the flag of Azerbaijan and, if so, to provide details on the organization and working of inspection.

Article 3, subparagraph 2(e).  Please indicate whether the legislation of Azerbaijan requires the competent authorities of Azerbaijan to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 5, subparagraph (c).  Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union of seafarers.

Article 6, paragraph 2.  Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6.  The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8.  Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11.  Please indicate the specific provisions of the legislation that set forth the requirements in respect of decks.

Article 6, paragraph 12.  Please indicate the specific provisions of the legislation that set forth the requirements in respect of the joining with sides.

Article 7, paragraph 3.  The Committee asks the Government to provide information: (i) whether in Azerbaijan there are ships regularly engaged on voyages in the tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10.  Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17.  Please indicate the specific provisions of the legislation that give effect to the requirement that the material of berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19.  Please indicate the specific provisions of the legislation requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1.  The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodation shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1.  The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the abovementioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b).  Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5.  The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6.  Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12.  The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate the measures taken or envisaged in order to bring the abovementioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3.  The Committee requests the Government to indicate the provisions of the legislation of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2.  Please indicate the specific provisions of the legislation that set forth the regularity of the inspections of crew accommodation.

The Committee also requests the Government to indicate specific provisions of the national legislation, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, subparagraphs 2(a)-2(d); Article 13, paragraph 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4,of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period from 1 June 1996 to September 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes that the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") in force in Azerbaijan provide that they are applicable to sea-going vessels of the Ministry of the Maritime Fleet of the USSR. The Committee requests the Government to indicate which governmental body is currently responsible for the purposes of the Safety Requirements. Please indicate whether privately owned vessels are within the jurisdiction of any such body.

Article 1, subparagraph 3(d). Please indicate whether tugs in the Republic of Azerbaijan are considered as vessels that do not have premises for stay of crew and passengers, for storage of reserve of food and fresh water, excluded by section 1.1.2 of the Sanitary Rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules") from their scope.

Article 1, subparagraph 4(b). The Committee requests the Government to indicate whether the Safety Requirements are applicable to vessels engaged in whaling or in similar pursuits.

Article 3, paragraph 1. Please indicate whether the regulations on service on ships of the Ministry of the Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of the Maritime Fleet of the USSR, dated 9 January 1976, remain effective in the Republic of Azerbaijan.

Article 3, subparagraph 2(a). The Committee requests the Government to provide information about any reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in the Republic of Azerbaijan.

Article 3, subparagraph 2(c). Please indicate what penalties are prescribed for the violations of the laws and regulations that ensure the application of the Convention.

Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 3, subparagraph 2(e). Please indicate whether the legislation requires the competent authorities to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 4, paragraph 1. The Committee requests the Government to indicate what is the competent governmental authority that shall approve a plan of the ship from the point of view of its compliance with the Safety Requirements.

Article 5, subparagraph (a). Please indicate what provisions of the national legislation require the competent authority to inspect the ship on every occasion when it is registered or re-registered.

Article 5, subparagraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union.

Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6. The Committee request the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the requirements in respect of decks.

Article 6, paragraph 12. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the requirements in respect of the joinings with sides.

Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in the Republic of Azerbaijan there are ships regularly engaged on voyages in the Tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that give effect to the requirement that the material of the berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1. The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodations shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1. The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I, and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b). Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours' duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours' duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6. Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of the Republic of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the regularity of the inspections of crew accommodations.

The Committee also requests the Government to indicate specific provisions of the national legislation of the Republic of Azerbaijan, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, paragraphs 2(a)-(d) and 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4, of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the organization and work of inspection.

Part VI of the report form. Please provide information on whether the copy of the report was communicated to the representative organizations of employers. Please also indicate whether any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention, were received from representative organizations of workers or employers.

The Committee also requests the Government to provide copies of the following documents:

-- the latest version of the Labour Code of the Republic of Azerbaijan;

-- Law of the Republic of Azerbaijan on protection of labour;

-- Law of the Republic of Azerbaijan on the office of the prosecutor;

-- Regulations on service of accident prevention of the Caspian Shipping Company;

-- Regulations on the registry of the Republic of Azerbaijan;

-- Regulations on the inspection of the master of the port;

-- Regulations on the state body of supervision and control over protection of labour of the Republic of Azerbaijan;

-- Regulations on the trade union inspection, servicing the employees of maritime transport of the Republic of Azerbaijan;

-- Regulations on the bodies of sanitary supervision of the Republic of Azerbaijan.

[The Government is asked to report in detail in 2000.]

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