Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 3 of the Convention. Requirement of certificate. In its previous comments, the Committee has asked the Government to indicate the specific provisions of national laws or regulations prescribing that no person shall be engaged as ship’s cook on board any seagoing vessel to which this Convention applies, unless this person holds a certificate of qualification as ship’s cook. The Government states that posts of crew members of non-officer ranks may be taken up by persons in possession of the appropriate documents issued in the established manner and confirming their qualifications for the post in question. While noting the specimen of a certificate of qualification as a ship’s cook supplied by the Government, the Committee once again requests the Government to specify the particular provisions in national legislation ensuring that persons can only be engaged as ship’s cooks on board seagoing vessels to which this Convention applies, if they hold a certificate of qualification for this capacity, in conformity with Article 3 of the Convention.

The Government further indicates that the certificates for non-officer ranks on board ships, including ship’s cooks, are issued in accordance with procedures established by the Ministry of Transport and Communications. Please describe these procedures established by the Ministry of Transport and Communications or any other competent authority for granting certificates of qualification as a ship’s cook.

Article 4, paragraph 2(b). Minimum period of service at sea. The Government had previously indicated that the minimum length of service required to obtain a certificate of competency as a ship’s cook of grade 5 or 6 is one and a half years. The Committee asks the Government to clarify whether the totality or at least a part of the minimum length of service of one and a half years is to be served at sea, as required by this provision of the Convention.

In its last comment, the Committee had asked the Government to indicate the minimum period of service at sea which has been prescribed in order to obtain a certificate of a ship’s cook grade lower than grade 5 or 6. In the absence of any reply, it requests the Government once again to indicate the prescribed minimum period of service at sea to obtain a certificate of competency as a ship’s cook of a lower grade than grade 5 or 6.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.