Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Article 2. Penal sanctions. The Committee notes the Government’s indication in its report that, in the absence of specific provisions in the Merchant Shipping Community Code on the penalties imposed for violations in relation to the placement of seafarers, effect is given to Article 2(2) of the Convention by section 12 of Decree No. 93/570/PM of 15 July 1993 determining the procedures for the placing of workers. The Committee notes that this section provides that violations of the provisions of the Decree shall be punished by the penalties set out in section 167 of the Labour Code. It notes that Decree No. 93/570/PM does not specifically address the placing of seafarers and that section 167 of the Labour Code establishes penalties for a series of specific violations. The Committee requests the Government to provide information on the application of these provisions, including a copy of any court rulings handed down under these provisions in relation to the placement of seafarers.

Article 3. Exceptions. In its previous comment, the Committee recalled that the coexistence of public employment services operated free of charge and of fee-paying placement agencies for seafarers is not sufficient to ensure compliance with the Convention, which explicitly prohibits the placement of seafarers for pecuniary gain, without any exceptions, in contrast with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government has not replied to its comments on this point and refers it to the Ministry of Employment and Vocational Training (MINEFOP) and the Ministry of Transport (MINT) to provide further information. The Committee once again requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit-making basis.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) contained in a communication received on 10 October 2014. With regard to the present Convention, the UGTC indicates that “Medical examinations are not carried out in ports”. In this regard, the Committee recalls that Article 2 of the Convention provides that the employment of any child or young person under 18 years of age on any vessel shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority. Article 3 specifies that the medical examination shall be repeated at intervals of not more than one year. The Committee requests the Government to provide its reply to the observations set out above and to specify the measures taken to ensure that full effect is given to the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarer’s identity document. The Committee notes the Government’s indication in its report that, in accordance with section 6 of Order No. 1643 of 10 December 1975, a temporary authorization is issued to beginner seafarers without vocational qualifications, and that after six months’ actual service on board they receive a seafarer’s identity card. The Government indicates that the relevant provisions of the national collective agreement for maritime shipping and the Merchant Shipping Community Code ensure the issuance of seafarers’ identity documents without conditions in respect of training or professional experience. The Committee recalls that the Convention requires Members to issue to each of its nationals who is a seafarer a seafarer’s identity document, without regard to their level of training or professional experience. The Committee requests the Government to provide a copy of the national collective agreement for maritime shipping and to indicate the measures taken to ensure the issuance of a seafarer’s identity document to each of its nationals who is a seafarer, in accordance with the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the national collective agreement for maritime shipping contains relevant information concerning the form and content of the identity document. The Committee once again requests the Government to provide a specimen (not a photocopy) of the up-to-date seafarer’s identity card and maritime seafarers’ booklet.

Article 5. Readmission to the territory. The Government indicates, in its report, that it has taken due note of the Committee’s previous comment on this point and that it will take the necessary measures. The Committee recalls that the Convention requires that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory shall be readmitted to that territory, including during a period of at least one year after any date of expiry indicated in that document. The Committee once again requests the Government to indicate the measures taken so as to bring national law and practice into conformity with the requirements of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. The Committee notes the Government’s indication that, in the absence of specific provisions in the Merchant Shipping Community Code, the provisions of the Labour Code apply to seafarers. The Committee notes that the Government’s report refers to the collective agreement for maritime shipping, which provides for the calculation of entitlement to leave, but which the Government has omitted to attach to the report. The Committee requests the Government to provide a copy of the collective agreement for maritime shipping.

Article 10. Leave. The Government refers once again to section 352 of the Merchant Shipping Community Code of 2001 for the determination of the time at which leave shall be taken. However, the Committee notes that it is section 353 of the 2001 Community Code which refers to annual leave, while section 352 relates to weekly rest and contains no reference to the time at which annual leave shall be taken. The Committee also notes that, by means of Regulation 08/12 UEAC 088 CM-23, of 22 July 2012, the Council of Ministers of the Central African Economic and Monetary Community (CEMAC) adopted the new Merchant Shipping Community Code. Section 432 of the Community Code of 2012 reproduces the terms of paragraphs 2 and 3 of Standard A2.4 of the MLC, 2006, which revises the Convention, and grants four working days of leave per month of employment. Noting that section 798(2) of the Merchant Shipping Community Code of 2012 specifies that the Code is directly applicable in all member States, the Committee requests the Government to indicate the extent to which the new Community Code is applied in Cameroon and to provide a copy of any implementing text issued in this respect.

Article 11. Relinquishment of the right to leave. The Committee notes the Government’s indication that section 92(5) of the Labour Code, which formally prohibits the granting of compensation in lieu of leave, is applicable to seafarers. It also notes that section 432(2) of the Community Code of 2012 provides that any agreement to forego the minimum annual leave with pay prescribed in the Code, except in cases provided for by the competent authority, shall be prohibited. The Committee requests the Government to indicate the manner in which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government reiterates that no provisions envisaging the recall of seafarers on leave exist in the Merchant Shipping Community Code. However, in a previous report, the Government indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee also notes that the Merchant Shipping Community Code of 2012 provides in section 434(4) that any seafarer taking annual leave should be recalled only in cases of extreme urgency and with their consent. The Committee therefore once again requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.