Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes with regret 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 detailed 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.

With reference to its previous comments the Committee requests the Government to provide further information on the following points.

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Azerbaijan.)

-  Convention No. 53 (Articles 3 and 4). In its previous comments the Committee has noted that under parts 1, 2 and 3 of section 4 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by resolution No. 839 of the Council of Ministers of the USSR, dated 25  August 1983 (the Regulations on Ranks), a privileged permit may be granted to a navigating officer in charge of a watch and an engineer officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No 53. Referring to paragraphs 85-87 of its 1990 General Survey on Convention No. 147 the Committee requested the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of the legislation with Article 3 of Convention No 53.

The Committee notes the Government’s indication that the shipping company in exceptional cases can grant permission to a person having a certificate of competency to perform the duties being one grade higher than the grade provided for by his certificate of competency. The Government further indicates that in practice such permission is executed under the form of a guarantee letter of the director of the shipping company, that it is granted for a period not exceeding six months and, in the case of a master or a chief engineer, is granted only in cases of force majeure in order to reach, as a rule, the nearest seaport.

It appears from the information provided by the Government that the exceptional cases when a privileged permit could be granted and a guarantee letter could be issued to a navigating officer in charge of a watch and an engineering officer in charge of a watch are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No. 53. The Committee requests the Government to provide information on measures adopted or envisaged to amend part 4 of section 4 of the Regulations on Ranks so that privileged permits to a navigating officer in charge of a watch and an engineering officer in charge of a watch can only be granted in cases of force majeure, so as to ensure substantial equivalence of the legislation with Article 3 of Convention No. 53.

-  Conventions Nos. 55, 56 and 130. In its previous comments the Committee has asked the Government to provide information on the social security measures established by the national legislation. The Committee notes the Government’s indication that the social security measures for seafarers of the Caspian Shipping Company are prescribed by the collective agreement concluded between a shipowner and a representative of seafarers (navigating staff’s committee). Referring also to paragraphs 133-139 of its 1990 General Survey, the Committee recalls that under Article 2(a)(ii) of Convention No. 147 the appropriate social security measures in relation to sickness, injury and medical care should be prescribed by laws or regulations, and could not be established exclusively by the respective collective agreements. The Committee asks the Government to indicate which of the three Conventions (Nos. 55, 56 or 130) it intends to apply for the purposes of substantial equivalence and what are the respective provisions of the national laws or regulations which would be substantially equivalent to such Convention.

-  Convention No. 22. The Committee asks the Government to clarify whether in addition to a seamen’s book every seaman in Azerbaijan is also given a work record book and, if so, whether the Instructions on the procedure of keeping of work record books in the enterprises, institutions and organizations, approved by resolution of the State Committee on Labour of the former USSR, dated 20 June 1974 (as amended), are still applied by Azerbaijan (Article 14, paragraph 1).

Article 2(b). The Committee has previously requested the Government to indicate how jurisdiction or control over the ships which are registered in Azerbaijan is exercised in respect of social security measures prescribed by national laws or regulations, and shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned. The Committee notes the Government’s indication that the control over ships registered in Azerbaijan (in respect of the vessels of the Caspian Shipping Company) in respect of social security measures, shipboard conditions of employment and shipboard living arrangements prescribed by the national legislation is exercised by the trade union of seamen in accordance with the national legislation. Recalling that under Article 2(b) effective jurisdiction or control of social security measures prescribed by national laws or regulations shall be exercised exclusively by the governmental institutions and could not be delegated or transferred to the seafarers’ organizations, the Committee hopes that in its next report the Government will be able to indicate the governmental institution entrusted with the duty of supervision over ships registered in Azerbaijan in respect of social security measures and to provide information on how cooperation is organized between different inspection services. The Committee also asks the Government to provide particulars of the functioning of various inspection services, such as the size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

Article 2(d)(ii). Please describe the existing procedure for recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country and for examination of complaints made in connection with the engagement in its territory of seafarers on such ships.

Article 2(e). Please indicate measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f). The Committee asks the Government to describe the procedure for verification of compliance of ships registered in the territory of Azerbaijan with applicable international labour Conventions, with the laws and regulations required by Article 2(a) and, as may be appropriate under national law, with applicable collective agreements.

Article 2(g). Please describe the procedure for investigation of cases of serious maritime casualties and indicate whether the final reports of such inquiries are made public.

Article 3. The Committee asks the Government to indicate whether and, if so, how Azerbaijan advises its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4. Please indicate: (i) whether the national legislation gives effect to Article 4, paragraph 1; (ii) the number and nature of cases considered and the nature of any action taken; and (iii) the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a vessel that does not conform to the standards of this Convention.

The Committee also asks the Government to provide the following documents:

-  Decision of the Parliament - Milli Medjlis of the Republic of Azerbaijan, No. 1037 of 12 May 1995;

-  a sample of the new seamen’s book; and

-  regulations, if any, governing recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 3 and 4(a), Article 2(a) (Convention No. 22), and Article 2(c) of the Convention, as well as of the information provided under Parts IV and V of the report form.