Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

The Government of Gabon reiterates its readiness and willingness to provide the first report due on the Maritime Labour Convention, 2006, as amended (MLC, 2006). In this regard, it states that the delay in drafting the report is due mainly to two factors: the legal procedure for the ratification of the Convention and the lack of awareness of the Convention among Gabon’s professionals in the maritime sector. Consequently, the Government is required to comply with the internal procedure in force for the ratification of international conventions – a procedure that was not followed for the deposit of the instrument of ratification of the MLC, 2006, in 2014 – but also to make up for the inadequacy and even the absence of information to enable it to produce the first report due.

To this end, the Government requests the technical and financial assistance of the Office in order to ensure the dissemination of the Convention among the sector’s professionals, strengthen the technical capacities of the officials, labour administration and merchant marine responsible for preparing the said report, and strengthen the capacities of the officials responsible for the implementation and monitoring of the Convention, particularly the inspectors and controllers in the maritime sector.

The Government reaffirms its commitment to ILO standards, including all the standards supervisory bodies, and undertakes to provide any useful information to enable the follow-up to the Committee’s recommendations. Lastly, the Government emphasizes that, thanks to the participation of two of its officials in a training course organized in the first half of 2023 by the International Training Centre of the ILO in Turin, with a view to strengthening the capacity of constituents to prepare reports on the implementation of MLC, 2006, and despite the official period having passed for the submission of reports under article 22 of the Constitution to the Committee of Experts, the Government assures the Committee of the submission of the first report on the implementation by Gabon of the MLC, 2006. It also requests the Committee to afford it the possibility of providing additional information at a later date.

Discussion by the Committee

Chairperson – We now turn to the first case on our agenda, and that is Gabon on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006).

Government representative – Following Gabon’s inclusion on the definitive list of individual cases submitted for examination by the Committee for failure to send the first report following ratification of the MLC, 2006, in 2014, I would like to thank you for the opportunity you are giving my country’s delegation to provide updated and detailed information on the actions and measures taken at the national level to give effect to the provisions of the Convention.

Before continuing my statement, I am pleased to present the compliments of my country to the Committee of Experts for the important work it has continuously carried out since its establishment in monitoring the implementation of international labour standards.

The Government of Gabon reaffirms its commitment to respect its obligations with regard to reporting on ratified and non-ratified Conventions, as provided for by articles 19 and 22 of the ILO Constitution, including the maritime Convention, on which the first report has been sent to the Office, albeit belatedly.

The discussion with my country’s Government regarding the delay in sending the first report on the implementation of the MLC, 2006, allows me the opportunity to provide a brief history of the situation to give detailed and specific information to the Committee members on the reasons for the delay. To recall, the Minister of Foreign Affairs of Gabon signed the instrument of ratification on 29 March 2011, which was transmitted to the ILO via the Permanent Mission of Gabon in Geneva on 27 April 2011. However, the ILO was unable to register the ratification, as it did not include the mandatory declaration concerning the applicable social security branches. On 25 September 2014, the ILO received the missing declaration and therefore, for the ILO, the ratification could be registered that same day, that is, 25 September 2014.

However, for the Government of Gabon, the internal procedures relating to the ratification of international instruments in accordance with its Constitution had to be observed to give effect to the ratification procedure. Thus, between 2014 and 2019 (so for five years), different legal interpretations persisted between the experts of the two parties on whether the ratification of the MLC, 2006, was effective, which led to the impossibility of drafting a report on this instrument. Fortunately, at a joint meeting in the margins of the International Labour Conference in 2019, the two parties agreed that the ratification of the MLC, 2006, by Gabon should definitively be considered effective, even though the regularization should continue of internal mechanisms relating to the ratification procedures for international standards.

From 2019 to 2022, further difficulties arose with the dissolution of the National Assembly (one of the main chambers of Parliament), the outbreak of the COVID-19 pandemic, a lack of communication around the instrument meaning that those involved were unaware of it, insufficient capacity in the administrations responsible for preparing the first report on the MLC, 2006, and the absence of consistent technical assistance, owing in particular to the transfer of the standards specialist in the Yaoundé office in Cameroon, without an immediate replacement.

In light of the foregoing, the delay observed in the submission of the first report by Gabon on the application of the MLC, 2006, is accounted for by a combination of the above factors.

For example, the lack of awareness of the instrument in question by a significant number of the actors in the maritime sector, the insufficient capacities of the administrations responsible for drafting the report and the lack of dissemination since its ratification have been real obstacles, as the information requested of those involved on a daily basis – the seafarers – has never been available, thus making it difficult to submit the first report due to a lack of substantial information. Beyond these explanations, we are aware that, by ratifying the MLC, 2006, Gabon is bound by its obligations, as a coastal, flag and port State, to grant seafarers access to decent work. The MLC, 2006, therefore applies to seafarers.

In this regard, we note that, irrespective of the lack of awareness of this instrument by the main actors involved, it should be mentioned that this sector is fortunately covered by a robust legislation in accordance with the requirements of the MLC, 2006. For example, at the legal level and with regard to the requirements of the MLC, 2006, the application of the provisions of Regulation No. 08/12-UEAC-088-CM-23, issuing the Community Merchant Shipping Code, is mentioned among the documents which must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. In addition, it should be mentioned that through its accession to the Code of the Central African Economic and Monetary Community (CEMAC), the parties acknowledge their contribution to the improvement of safety of ships and property at sea, and safety of human lives on board ships, in order to give full effect to the provisions of this Code.

Further, prior to the accession of Gabon to the MLC, 2006, Gabon applied both Act No. 10/63 of 12 January 1963 issuing the Merchant Shipping Code of Gabon and the CEMAC Community Code to deal with questions relating to seafarers. Under Act No. 1/63, the provisions of the Community Code are applicable to all ships registered in Gabon, and all naval authorities and crew on board. Act No. 10/63 establishes no restriction as to which ships are exempt from its application. With regard to social security, for example, section 98 of Act No. 10/63 provides that “seafarers shall be cared for at the shipowner’s expense if they are injured in the service of the ship or fall ill while on board. In the event of death, funeral expenses are incurred by the shipowner.” We are nonetheless committed to taking specific measures to give fuller effect to the provisions of the Convention, for the well-being of the seafarers.

Among the measures taken to give effect to the MLC, 2006, to ensure the drafting of reports and the follow-up to its implementation, we have undertaken to strengthen the capacities of the officials in charge of this case. We therefore take this opportunity provided to us to thank the ILO for its assistance, which enabled certain personnel from the ministry responsible for labour and transport to participate in online training organized by the International Training Centre in Turin with a view to building their capacities in 2020 and 2021.

More recently, in the first half of 2023, two public officials, one from the merchant shipping administration and the other from the labour administration, have been following the sessions of the Training Centre in Turin on the presentation of reports. The results of that training have enabled us to transmit the first report on the implementation of the MLC, 2006, to the ILO.

With respect to the difficulties that my Government encountered when drafting this first report, we request ILO technical and financial assistance with a view to supporting us in the effective and regular submission of reports in accordance with the provisions of article 22 of the ILO Constitution, strengthening the technical capacities of the personnel of the labour and transport administrations so that the reports on the instrument in question are provided on a regular basis, and leveraging the support for the monitoring and implementation of the Convention.

In view of the foregoing, I would like to reiterate the commitment of my country’s Government to continue to provide on a regular basis all of the reports, as has generally been the case but also, and above all, to take measures in order to effectively implement international labour standards in general and the MLC, 2006, in particular, for the benefit of our workers.

Worker members – This is the third time that this Committee examines the application of a Convention by Gabon. This is also just the second time we are examining the application of the MLC, 2006.

As the Committee of Experts highlighted in a dedicated section of the General Report, seafarers around the world faced tremendous challenges during the COVID-19 pandemic. Hundreds of thousands of seafarers were stranded away from home for many months. Many were not paid; many were refused medical treatment and the rates of abandonment climbed to never-before-seen levels. In this regard, the Committee of Experts has indicated that it is precisely at times of crisis that the protective coverage of the MLC, 2006, assumes its full significance and needs to be most scrupulously applied. Indeed, the MLC, 2006, is a pioneering instrument designed to confront the many issues faced by workers in the most globalized of sectors – the shipping industry. The MLC, 2006, is unique in that it truly reflects the reality of the shipping industry and uses original approaches to gain widespread ratification. To date, 103 Member States responsible for regulating conditions for seafarers on more than 96.6 per cent of the world’s gross tonnage of ships have ratified the Convention. This is truly remarkable. However, ratification is just the first step – effective implementation is critical.

This needs to be the starting point for our discussion of Gabon’s application of the Convention in law and practice. Gabon ratified the MLC, 2006, in 2014 and has also accepted the amendments adopted by the International Labour Conference in 2016 and 2018. While we do not know the number of seafarers working in the Gabonese merchant marine, from the public data available, we understand that there are around 146 ships that fly the Gabonese flag, which are made up of crude oil tankers, chemical or oil products tankers and general cargo ships. It has been reported that in terms of percentage growth, the Gabonese flag is now the fastest growing in the world. It is therefore extremely concerning that the Government has still not sent its first report on the MLC, 2006, to the Committee of Experts, six years after it was due. As the Committee of Experts has highlighted, the provisions of the Convention are mainly implemented through a Regulation of the CEMAC issuing the Community Merchant Shipping Code of 22 July 2012, which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters.

We note positively that section 1 of the Labour Code does not exclude seafarers from its scope of application. However, we are unable to say whether Gabonese unions and shipowners were consulted in the ratification process or in relation to any determinations made under the Convention. The Government needs to clarify this as a matter of priority.

We also note that, in accordance with Standard A4.5(2) and (10), the Government has specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. However, without an Article 22 report, we do not have information regarding steps taken in accordance with Regulation 4.5, paragraph 2 of the Convention, to extend protection to other branches. Therefore, it is with regret that we note that the Committee of Experts was unable to make any observations on the application of several provisions of the Convention due to the Government’s failure to respond.

Despite the many innovative features of the MLC, 2006, including an elaborate inspection regime by port States, the usual oversight role taken by the Committee of Experts in reviewing Member States’ national implementation of the Convention remains a critical and essential part of effective application.

We recall that the very essence of the ILO supervisory system is the dialogue between its constituents at the national and international levels. This dialogue is based on information provided on the application of Conventions in law and practice. Failure to submit reports, comments or replies severely undermines the supervisory system and the very functioning of the ILO. The Government must, as a matter of urgency, seek ILO technical assistance to ensure that it complies with its reporting obligations.

Ships of ratifying Member States, including Gabonese-flagged vessels, are required to carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance (DMLC) on board. The DMLC must not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions”, but also provide “to the extent necessary, concise information on the main content of the national requirements”. Flag States are also expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships, including those that do not go on international voyages that are not covered by the certification system. This provision is especially important in the Gabonese context as a major coastal State and its reliance on maritime transport. Also, without adequate national implementation of the Convention, it is unclear how Gabonese port State inspectors can carry out effective ship inspections in line with the MLC, 2006.

It is evident that the need for the proper transposition of international labour standards at the national level is even more important when it comes to the MLC, 2006. It is therefore imperative that the Government urgently put in place a process to ensure the adequate national implementation of the Convention in consultation with the social partners.

Finally, although the MLC, 2006, is a technical Convention, the life and wellbeing of the world’s 1.6 million seafarers depend on its proper application. Indeed, the MLC, 2006, sets out seafarers’ rights to decent conditions of work on pretty much every aspect of their working and living conditions including minimum wage, employment agreements, hours of work and social security. The Convention also provides that every foreign ship calling, in the normal course of its business or for operational reasons, into the port of an ILO Member State may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the Convention. Therefore, it is no surprise that the application of this Convention has significantly improved the lives of the world’s seafarers – a group of workers who are often out of sight, out of mind.

The MLC, 2006, is a vital instrument for the world’s seafarers. This Committee needs to send a strong message that its effective implementation requires ratifying Member States to comply with their obligations, including those related to reporting and national implementation. We urge the Government to comply with its reporting obligations and submit its first report to the Committee of Experts before its next session.

Employer members – The Employer members thank the Government of Gabon for the written and oral information provided. We take note of Gabon’s expressed intent to rectify the issue under consideration. This case concerns Gabon’s compliance with the MLC, 2006. The MLC, 2006, is the product of five years of tripartite work by governments, seafarers trade unions as well as shipowners. Not only is it a landmark legal instrument for the ILO, but it also plays a crucial role in safeguarding seafarers’ working conditions and welfare and contributes to sustainable shipping based on a level playing field. The MLC, 2006, represents one of the most up-to-date and dynamic ILO legal instruments: it has been amended four times since the adoption, and two more ratifications added up to an already long list this year.

It is therefore of the outmost importance that this legal instrument is not undermined. Gabon has ratified all fundamental Conventions except the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as well as 41 other ILO Conventions. In particular, Gabon’s ratification of the MLC, 2006, dates back to September 2014.

It is not the first time the Committee of Experts has raised concerns regarding Gabon’s compliance with its commitments under the MLC, 2006. The Committee of Experts has provided three observations since 2020, which were repeated twice due to the Government’s failure to submit its first report, despite an urgent appeal was made. This is however, the first time the case is discussed in this Committee. The Employer members also take note that Gabon has asked for technical and financial assistance for the implementation of this Convention. There are two main issues in this case, namely:

- the timely reporting on the implementation of the MLC, 2006, by Gabon.

- the adoption of measures implementing, both in law and practice, the obligations set forth under the MLC, 2006, to secure the right of all seafarers to decent employment.

On the first issue, the Employer members regret that the Government of Gabon has not submitted its first report on the implementation of MLC, 2006, for four consecutive years. We would like to highlight that, with ratification of any legal instrument, come legal obligations. In particular, according to article 22 of the ILO constitution, not only does ratification of ILO Conventions entail compliance with the substantial obligations set forth therein, but also with procedural ones, notably obligations to report on the implementation of the ratified Conventions both in law and practice. In this regard, submitting timely and detailed first reports is of vital importance as it represents the precondition for the effective functioning of the supervisory system that this Committee embodies. The Employer members highlight that States should not ratify comprehensive ILO Conventions, such as the MLC, 2006, unless the ratifying States are assured that they have the ability to implement the Conventions’ obligations, and the capacity to report on its application in law and practice.

The Employer members further take note of the information provided by the Government on this matter, notably that the failure to submit the first report is due, first, to the legal procedure leading to the ratification of the Convention and, second, to the lack of knowledge of the Convention among Gabonese maritime professionals.

We also appreciate the effort undertaken by the Government to fill such gaps, including taking part in ILO training courses. Stressing that failure to report strongly impacts on the proper functioning and work of this Committee, we call on the Government to fill this reporting gap and send its first report on the application of the MLC, 2006, without any further delay. We take note of the Government’s request for financial and technical assistance from the Office, and we request it to avail itself of such assistance as soon as possible to be able to fulfil its reporting obligations.

On the second issue, the Employer members take note that the provisions of the Convention are mainly implemented through a Regulation of the Central African Economic and Monetary Community issuing the Community Merchant Shipping Code of 22 July 2012, which is directly applicable to Gabon. We further take note that section 1 of the Labour Code does not exclude seafarers from its scope of application. With this in mind, the Employer members request the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government by the Committee of Experts. In this regard, the Employer members remind the Government that it may avail itself of the technical assistance of the Office. Based on the information provided by the Government of Gabon, the Employer members trust that the Government will make all the necessary efforts to comply with its obligations.

Government member, Cameroon – It is a real pleasure for me to take the floor on behalf of the Government of Cameroon.

Turning to the item on the agenda, the Government of Cameroon wishes to thank the Government of Gabon for the preliminary information submitted to our Committee, first oral information, as we have just heard, on the implementation in law and practice of the MLC, 2006. It is clear from all this information that Gabon has spared no effort to comply with the constitutional obligations under the ratification of the MLC, 2006. We therefore encourage the Government of Gabon, in its capacity as flag State and port State, to continue with all the steps it has taken to comply with the those obligations. Stanislaw Jerzy once said “ignorance of the law does not exempt from liability”. In light of this quote, the Government of Cameroon welcomes the commitment of the Government of Gabon to respect its constitutional obligations.

In the same vein, while thanking the Office which, through the International Training Centre in Turin, has strengthened the capacity of Gabonese officials to draft reports, we support the request for technical and financial assistance made by the Government of Gabon. We request the Office to respond favourably to this request, in order to assist the Government in disseminating the Convention among professionals in the sector concerned, while strengthening the technical capacities of all the tripartite constituents in charge of preparing the report required, and monitoring and implementing the Convention. To conclude, the Government of Cameroon encourages Gabon to leverage the expertise requested of the Office, to thereby comply with all its constitutional obligations.

Worker member, Eswatini – I take the floor on behalf of the workers of the Kingdom of Eswatini. The Worker delegates of the Commonwealth countries align themselves with this statement. At the outset, we congratulate the Government of Gabon for having taken the necessary steps to ratify the MLC, 2006, in 2014. The necessary implication of the ratification is that Gabon should give complete effect to the provisions of the Convention in order to secure the right of all seafarers to decent employment as dictated by Article I of the Convention, which includes the periodic reporting on its application.

The failure of the Government to report on the application of the Convention is of great concern to us. We want to remind the Government of Gabon that it is in breach of its obligation under the ILO Constitution, which provides in Articles 22 and 23 that: “each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request. … Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of Articles 19 and 22.”

Gabon must consult the social partners on the development and compilation of these reports and any other reforms designed to give effect to the application of the MLC, 2006, in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to which it is already a party. In this respect, we urge the Government of Gabon in consultation with the stakeholders to, without further delay, submit the report as requested by the Committee of Experts and put in place necessary measures including through legislative reforms for the full implementation of the Convention.

Worker member, Australia – I am speaking on behalf of the Australian Unions and the Commonwealth Trade Union Group. We would like to raise examples of good practices of countries implementing the MLC, 2006. I would like to provide the example of my country, Australia, in this regard. The Australian Maritime Safety Authority (AMSA) is the competent authority responsible for the regulation of the Convention and its requirements in Australia. As Australia is a large user of international ships and only has a small domestic shipping fleet, its port State control function is the key mechanism through which it implements the MLC, 2006, in practice in Australia. AMSA ensures compliance with the conditions under the MLC, 2006, and the welfare of seafarers by processing all MLC, 2006, complaints in relation to vessels in or coming into Australian ports; conducting port and flag State control inspection of vessels coming into Australian ports; ensuring registered Australian vessels are certified in accordance with the MLC, 2006; and taking a leading role in supporting the Australian Seafarers’ Welfare Council (ASWC), which promotes seafarer welfare services in Australian ports to support and protect seafarers. The International Transport Workers’ Federation (ITF) and its Australian affiliated unions are members of the ASWC. Within Australia, all foreign flag vessels are subject to port State inspections detailed in regulation 5.2 of the Convention, irrespective of whether their flag State has ratified the Convention. Where the flag State has not ratified the MLC, 2006, such vessels must be able to provide documentary evidence of compliance with its regulations and standards. Seafarers have a right to make a complaint to MSA regarding breaches of the requirements of the MLC, 2006. Marine Order 11 provides that a seafarer may report such a breach to AMSA to facilitate a prompt and practical means of redress.

AMSA works closely with the shipping inspectorate of the ITF in the implementation of its port State control functions and maintains a memorandum of understanding with the Fair Work Ombudsman to help ensure compliance with the seafarer’s labour rights under the MLC, 2006. The majority of complaints received by AMSA are related to conditions of employment, Title 2 of the MLC, 2006. This includes seafarer employment agreements, wages, hours of work and rest, entitlement to leave, repatriation, seafarer compensation, crewing levels and career development. AMSA actively follows up complaints and seeks a resolution. Some are referred back to the flag State, many are resolved on the ship, but a significant number result in deficiency notices being issued, which are followed up to ensure deficiencies are rectified.

The AMSA inspections include an examination of seafarer employment agreements to ensure they reference a collective bargaining agreement, to ensure the seafarers wages and entitlements are specified and that seafarers are being repatriated to their home port at the expiry of the contracted duration of employment. AMSA provides occupational health and safety inspectorate functions for Australian seafarers and applies the same principles to international seafarers under the MLC, 2006. AMSA has a strong risk-based ship safety inspection programme to address ship deficiencies that are hazards to safe work and require rectification before a ship can leave port and works closely with the Maritime Union of Australia dockworkers occupational safety and health (OSH) representative to ensure onboard OSH issues are resolved. Regarding skills development, AMSA consistently checks on seafarers’ occupational certificates to ensure seafarers are qualified and certified to safely perform functions on ships and be able to respond to emergencies at sea.

Observer, International Transport Workers’ Federation (ITF) – As stated by the Worker spokesperson, this is only the second time in the history of this Committee that we are examining the application of the MLC, 2006, in law and practice.

It took over five years of international tripartite consultation to develop an instrument designed to achieve near universal ratification. We managed to embed in international law strong labour standards for seafarers and a unique enforcement mechanism in an industry that is notorious for poor employment practices, including abandonment and forced labour.

Despite the Convention’s innovations and the role of the Special Tripartite Committee of the MLC, 2006, the review of national implementation of the MLC, 2006, by the Committee of Experts, and indeed this Committee, remains fundamental to its proper application in law and practice. Therefore, it is very disappointing that the Government of Gabon has not submitted a first report on the MLC, 2006, six years after the original deadline. It is also concerning that there appear to be limited national implementation measures almost a decade after ratification. Nevertheless, we have already heard this morning some information on national provisions that is encouraging. Indeed, the Committee of Experts has noted that provisions of the Convention are mainly implemented through a Regulation of the Central African Economic and Monetary Community and certainly we would like to learn more about national implementation. We would note that a serious failure to report is not only a procedural issue, but something that can have an adverse impact on seafarers working on board Gabonese-flagged vessels and seafarers that call at its ports every year.

Since 2021, the ITF’s maritime inspectorate has inspected 14 different currently Gabonese-flagged vessels. They have identified several problem types reported on the vessels, including abandonment (once), breach of contract (ten instances), international standards non-compliance (twice), medical concerns (twice) and owed wages (once), among others. Regarding flag State and port State inspections, however, it is unclear whether there are any national procedures that would ensure effective enforcement. We would need to see details in the Article 22 report. We are heartened by the Government’s request for ILO technical assistance and its stated commitment to furnish the Committee of Experts with the first Article 22 report. In addition to training at the International Training Centre of the ILO in Turin, the Office of course has an excellent suite of guidelines, FAQs and literature on the MLC, 2006. Peer learning on best practice is also a major part of “getting it right” when it comes to the MLC, 2006. And of course, global unions and shipowner groups will also be happy to assist the Gabonese Government. Finally, we trust that the Government will indeed transmit the report to the Committee of Experts before its next session.

Government representative – On behalf of my Government, I thank the various speakers for their rich contributions to this debate. As highlighted in my first intervention, Gabon is committed to continuing to cooperate with the ILO supervisory bodies by providing all reports on a regular basis, as has generally been the case.

In the course of this year, the Government had 16 reports on ratified Conventions to provide to the ILO. Of these 16, 15 were transmitted to the Office, which demonstrates my country’s commitment and willingness to uphold its international obligations. Only the first report concerning the MLC, 2006, for reasons evoked earlier, and for which we are before the Committee this morning, was not provided within the prescribed time limits.

With respect to effective implementation, the Government will progressively take the necessary measures for the interests of seafarers. Hence why it is taking this opportunity to request ILO assistance to give effect to certain concerns raised by the speakers. We will also draw on the good practices that have been shared in this room.

Employer members – We thank the various speakers who took the floor, and most notably the Government of Gabon. Once again, the Employer members wish to highlight the essential duty of any ratifying State to implement ratified legal instruments both in law and practice. We reiterate that the MLC, 2006, provides for fundamental international legal standards in the maritime sector – an industry that has been subjected to ILO standards for a long period of time.

The Employer members repeat that first reports are vital to provide the basis to start a timely dialogue between the Committee of Experts and the ILO Member States on the application of a ratified Convention.

In light of the above, we request the Government of Gabon to:

- fill the serious reporting gap and send its first report on the application of the MLC, 2006, without any further delay;

- take all the necessary measures to ensure it complies in law and practice with the MLC, 2006;

- provide full information regarding the application in law and in practice of the MLC, 2006, in Gabon, notably:

(i) a copy of any legislative texts or other regulatory instruments, once adopted;

(ii) full information on the implementation of the Convention;

(iii) updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag.

Finally, the Employer members request the Government to avail itself of the technical assistance of the Office for the implementation of the above-mentioned recommendations.

Worker members – We thank the Government of Gabon for its comments, including provisions of national laws implementing certain elements of the Convention. We also thank the speakers who took the floor for their contributions to the discussion.

As we have heard today, the effective application of the MLC, 2006, requires thorough national implementation in consultation with the social partners. To this end, the Government must meaningfully engage with the social partners without delay.

We note that the Convention seeks to be firm on rights and flexible on implementation, meaning that the MLC, 2006, sets out the basic rights of seafarers to decent work, but leaves a large measure of flexibility to ratifying countries as to how they will implement these standards for decent work in their national laws. This flexibility should allow the Government to implement the Convention as relevant to its shipping sector. Of course, any such flexibility must be exercised in consultation with the social partners, with any determinations that are made reported to the ILO.

We also recall the importance of Article III of the Convention on fundamental principles and rights at work. The governments must satisfy themselves that the provisions of their national legislation respect fundamental rights, in the context of the MLC, 2006, and report to the Committee of Experts accordingly.

We support the Government’s request for ILO technical assistance and hope that this can be arranged before the next Conference. We are also encouraged by the Government’s indication that two of its officials recently participated in a training course organized by the Training Centre in Turin with a view to building the capacity of constituents in the preparation of reports on the implementation of the MLC, 2006. We trust that the Government will also assist maritime trade union representatives to attend similar training sessions. As we have heard from our benches today, there are also some great examples of effective implementation of the MLC, 2006, in law and practice – peer learning is a critical part of the process.

We further expect the Government to submit its report on the MLC, 2006, to the Committee of Experts before its next session. Should a declaration of acceptance of the amendments to the Convention that have not already been accepted be submitted shortly, the report should also take these into account. In this regard, we note that the report form for the MLC, 2006, has helpfully been modified to take into account the amendments to the Code of the Convention.

Finally, it was also once again suggested that governments should conduct an analysis before ratification. We want to assure everyone, as we have previously done in the Committee that to our knowledge no government proceeds with ratification lightly, including in relation to technical Conventions. It is often the result of a long process that includes social dialogue with constituents at the national level with the assistance of the ILO when requested. The Office remains available to continue to provide technical assistance to support the implementation of the obligations. We ask the Government to take advantage of this.

Chairperson – I wish to inform the Committee members that the Government of Gabon sent the first report on the application of the MLC, 2006, which was received by the Office yesterday. With this, we conclude the discussion on this case.

Conclusions of the Committee

Government representative – The Government of the Republic of Gabon wishes to thank the Committee for the important work carried out before and during its appearance before it.

With a view to providing information relating to the difficulties encountered in transmitting its first report on the MLC, 2006, the Government notes the conclusions and recommendations of the Committee aimed at enabling it to better fulfil its constitutional obligations in the future, and reaffirms its readiness and willingness to cooperate with all of the ILO supervisory bodies within the framework of the implementation and monitoring of ratified and non-ratified Conventions in this area, and in accordance with its commitment to multilateralism.

In cooperation with the social partners in the maritime sector, the Government is committed to providing the additional information requested within the time limits indicated by the Committee. It also undertakes to request the technical assistance to support and realize its efforts to give effect to the provisions of the MLC, 2006, in order to ensure more effective protection of seafarers.

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