Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided in the Government’s first report. It draws the Government’s attention to the following points.

Article 4, paragraphs 1, 3 and 4, of the Convention. Examinations and certificates of qualifications. With regard to the granting of certificates of qualification, the Government firstly refers to provisions set forth in the Regulations on Seafarers of 31 July 2002, which provide that the Seafarers’ Examination Centre is the only authority responsible for the organization of examinations. Given the very general nature of these provisions, the Committee asks the Government to indicate the specific nature of the examinations (including the practical tests), which are to be passed in order to obtain a ships’ cooks certificate.

Secondly, the Government states that students who have attained qualifications from vocational colleges governed by the Ministry of National Education may also be employed as ships’ cooks after having received supplementary skill training on living conditions and adapting to life on board ship. The Government states that specific programmes for obtaining the ships’ cooks certificate may also be set up with these colleges, in agreement with the departmental prefect. The Committee asks the Government to indicate whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain the ships’ cooks certificate. The Government is also requested to indicate: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which are to be passed.

Article 6. Recognition of certificates. Section 54 of the Regulations on Seafarers provides that, in order to be recognized, the certificates issued by foreign authorities must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STWC). Since the STCW does not deal with ships’ cooks, the Committee asks the Government to indicate whether section 54 of the Regulations on Seafarers also applies to ships’ cooks and, if not, whether there are any similar provisions for the recognition of ships’ cooks certificates issued in other territories.

Part III of the report form. Supervision of the application of the Convention. The Government indicates that, according to section 49 of the Maritime Labour Act and section 91 of the Labour Act, the inspectors of the Ministry of Labour and Social Security are entrusted with the supervision of the application of national legislation. Section 91 of the Regulations on Seafarers, which regulates the acquisition of competency certificates of seafarers, provides, however, that the Ministry to which the Under-Secretariat of Maritime Affairs is attached, shall be responsible for supervising the application of the provisions contained in the Regulations on Seafarers. The Committee asks the Government to supply further information on the organization and working of inspection and, in particular, to describe the manner in which the activities of the Under-Secretariat of Maritime Affairs and of the labour inspectors of the Ministry of Labour and Social Security are coordinated.

Part IV of the report form. Decisions involving questions of principle. The Committee asks the Government to state whether courts of law or other tribunals have issued decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Part V of the report form. Information on the application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, including, for instance, extracts from official inspection service reports and, if such statistics are available,  information on the number of certificates issued.

The Committee also asks the Government to provide in its next report copies of the following documents:

–           Act No. 3308 on apprenticeship and vocational training;

–           regulations on vocational training;

–           directives for training and assessment referred to in section 4(5) of the Regulations on Seafarers.