Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information supplied by the Government which replies partly to its previous comments.

1. Article 2 of the Convention.The Committee notes that the Government indicates that it has examined the situation which examination revealed that there is only one employment agency for seafarers who are properly registered. The Committee requests that the Government confirm that this is the only agency either by registration or in practice which purports to continue fee-charging operations pursuant to Decree No. 1433 of 1983. The Committee also requests the Government to indicate what measures it has taken or envisages to take to ensure that it gives full effect to this Article of the Convention which prohibits fee-charging placement, or placement of seafarers by a commercial enterprise for pecuniary gain.

The Committee also requests the Government, once again, to supply detailed information on sanctions imposed on agencies or offices for violations of the provisions of this Article of the Convention.

2. The Committee has noted the draft decree relating to application of Act No. 129 of 1931 ratifying the Convention. Noting that its provisions are designed to give effect to paragraph 1 of Article 2 as well as Article 4 of the Convention it would be grateful if the Government would inform it on the progress of this draft.

3. The Committee notes that the Government's report does not provide the information requested in its previous comments concerning the application of Articles 4, 5 and 10, paragraph 1, of the Convention. It therefore reminds the Government of the terms of its previous observation which was as follows:

Article 4. The Committee notes the information concerning the reorganization of the employment service which is still under way, and in particular, the devolution of the function of promoting and carrying out the administration of a free public employment service to the National Service of Apprenticeship (SENA). The Government indicates, however, that there is no specific regulation of such service in regard to seafarers, though it is contemplated in the above-mentioned Act No. 50 as far as temporary workers are concerned. The Committee reiterates its hope that the Government will not fail to adopt the necessary measures as soon as possible with a view to give full effect to the provisions of this Article which requires the organization of an efficient and adequate system of public employment offices for finding employment for seafarers without charge.

Article 5. The Committee notes with regret that the Government's report contains no information on any measures taken in order to give effect to this Article, which provides for consultations to be held with representatives of shipowners and seafarers through committees constituted to advise on matters concerning the carrying on of public employment offices for seafarers. It once again expresses the hope that such measures will be taken in the very near future and asks the Government to provide, in its next report, information on any progress made in this regard.

Article 10, paragraph 1. The Committee would be grateful if the Government would continue to supply information, statistical or otherwise, concerning unemployment among seafarers and concerning the work of employment agencies for seafarers, as required by this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.