Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2, paragraph 2, of the Convention. Penal sanctions. In its report, the Government indicates that section 325 of the Merchant Shipping Code of the Central African Economic and Monetary Community expressly reproduces the first paragraph of this provision of the Convention. The Committee draws the Government’s attention to the fact that the Convention states that, "The law of each country shall provide punishment for any violation of the provisions of this Article" (Article 2, paragraph 2). Consequently, the Committee requests the Government to take all necessary measures to introduce into the national legislation and apply the appropriate penal sanctions relating to any violation of this Article.

Article 3. Exceptions. The Committee notes that there are eight private employment agencies carrying on the work of finding employment for seafarers in Douala. It recalls that, pursuant to this provision, "Each Member which ratifies this Convention agrees to take all practicable measures to abolish the practice of finding employment for seaman as a commercial enterprise for pecuniary gain as soon as possible". Any exceptional practices may only be permitted to continue temporarily (Article 3, paragraph 1). Under this Article of the Convention, the Government shall abolish the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain as soon as possible. Thirty-five years have passed since the ratification of the Convention by Cameroon and the Government has had sufficient time to take the measures necessary to abolish the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain. It notes that the Government places great emphasis on the seafarer training activities carried out by these employment agencies. It requests the Government to separate these training activities (which may be carried out for pecuniary gain) from placing activities and to ensure that placing is not carried out for pecuniary gain.

Article 5. Consultative committees. The Committee notes that since 1985 the Government has been considering the establishment of representative committees of seafarers and shipowners in the port of Douala which would be consulted with regard to the functioning of employment agencies. The situation has not changed in the past 20 years and this provision of the Convention remains unapplied to date. The Committee hopes that the Government will take all such measures as are necessary in order to ensure the establishment of committees composed of an equal number of representatives of the shipowners and the seafarers.

Article 10. Statistics. The Committee notes the renewal of the request for technical assistance made to the International Labour Office by the Government. In order to guarantee the Government the best assistance possible, the Committee once again invites the Government to communicate all the information available to it in this regard.

The Committee recalls that the Governing Body of the International Labour Office invited States parties to Convention No. 9 to envisage ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 9 (see paragraphs 47 to 51 of document GB.273/LILS/4(Rev.1) of November 1998) and which would allow employment agencies to operate for pecuniary gain, under the conditions contained in the above Convention. The Committee would be grateful if the Government would provide, in its next report, information on any consultations held to this end.