Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes with deep regret that the Government has failed to provide its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee has examined the application of the Convention on the basis of publicly available information. The Committee also notes that the 2016 amendments to the Annexes of the Convention entered into force for the Congo on 8 June 2017. The Committee recalls that these amendments are intended to align the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO). They seek in particular to change the biometric seafarers’ identity document (SID) by replacing the digital fingerprint, stored in a two-dimensional barcode, with a facial image stored in a contactless electronic chip, as required by ICAO Document 9303. The Committee recalls in this regard recall the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in which it expresses concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognizes that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring the Convention works in the way that it was originally intended. The Committee notes that these problems have been dramatically increased by the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic.The Committee hopes that the Government will soon adopt the necessary measures to give full effect to all of the provisions of the Convention, as amended. It requests the Government to provide detailed information on these measures, including a copy of the applicable national provisions. The Committee also urges the Government to provide a model SID that is in conformity with the Convention as soon as it becomes available. The Committee recalls that the Government may, if it so wishes, avail itself of ILO technical assistance.

Article 1 of the Convention. Definition of the term “seafarer”. The Committee recalls that, in accordance with Article 1of the Convention, the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation.The Committee refers to its comments concerning the definition of the term seafarer in the context of its examination of the application of the MLC, 2006, and asks the Government to indicate how effect is given to this provision of the Convention.

Articles 2–5. Issuance of seafarers’ identity documents (SIDs). The Committee notes that section 101 of Act No. 30-63 of 4 July 1963 issuing the Merchant Shipping Code (CMM) provides that any seafarer embarking on a seagoing vessel shall receive, according to his or her demonstrated vocational training, either a seafarer’s workbook or a maritime identity card valid only for coastal navigation or local fisheries. The Committee observes, however, that the Government does not appear to have adopted more recent legislation giving effect to the Convention, nor to have issued any SID in the format required by the Convention.The Committee therefore asks the Government to adopt the necessary measures to give effect to Articles 2 to 5 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee observes that there is no legislative information available on the application of this provision of the Convention.The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 7. Continuous possession and withdrawal of SIDs. The Committee notes the lack of legislative information available on the application of this Article of the Convention. However, it observes that section 227 of Legislative Ordinance No. 66-98- Maritime Shipping Code, provides that the seafarer’s identity books and certificates shall be entrusted, before the vessel’s departure, to the master of the ship, who shall retain them until the seafarer’s scheduled disembarkation. The Committee recalls that Article 7(1) of the Convention provides that the SID shall remain in the seafarers’ possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarers’ written consent. With regard to paragraph 2 of this Article, the Committee recalls that the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention.The Committee requests the Government to indicate how effect is given to these provisions of the Convention.