Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Angola (RATIFICATION: 1976)

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Previous comment

Article 1 of the Convention. Applicable legislation. The Committee notes the texts giving effect to the Convention mentioned in the Government’s report. It nevertheless observes that these texts do not contain provisions on the application of Article 1 of the Convention, an issue raised in its previous comments. While the Government refers to Chapters VI and VII of the International Convention for the Safety of Human Life at Sea (SOLAS) of the International Maritime Organization (IMO), it does not indicate the national text implementing Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addressing the issue of the verified gross tonnage of freight containers. The Committee reiterates its previous request to the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

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Article 1 of the Convention. Applicable legislation. The Committee notes that the Government refers to the following texts giving effect to the Convention: (i) the 2010 Constitution of the Republic of Angola; (ii) the new General Labour Act (No. 7/2015); and (iii) the Act on Merchant Shipping, Ports, and Related Activities (No. 2/00). However, the Committee notes that these texts do not include any provision on the application of Article 1 of the Convention on the measures to be taken for the marking of the weight of any package or object of 1,000 kilogrammes (one metric tonne) or more gross weight consigned within its territory for transport by sea or inland waterway. With reference to its 2007 general observation on the application of the Convention, the Committee recalls that it has requested Governments to provide information on how effect is given to the Convention in relation to modern methods of cargo handling, with particular reference to containers. In this regard, the Committee notes that Angola is a party to the International Convention for the Safety of Life at Sea (SOLAS), of which Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addresses the issue of the verified gross tonnage of freight containers. The Committee requests the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

Application in general practice. The Committee requests the Government to continue providing information considered relevant on the manner in which the Convention is applied, such as, for example, on the functioning of the procedure for the pre-shipment inspection (PEI) of imported goods referred to by the Government in a previous report, or any available data on the number and nature of the violations detected by the inspection services.

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Legislation. The Committee notes that the Decree No. 45968 of 15 October 1964 on the Regulations on Maritime Registration, Licensing and Manning is currently the only relevant legislation.

Article 1 of the Convention. The Committee notes from the Government’s report that the Ministry of Public Administration, Employment and Social Security, through the General Labour Inspectorate, is entrusted with the application of the legislation and administrative regulations. The Committee also notes that, according to the Government, there is no new information on the application of Article 1 of the Convention. The Committee requests the Government to provide information on the measures taken to ensure that any package or object of 1,000 kilograms (one metric ton), or more gross weight consigned within its territory for transport by sea or inland waterway, has its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that, in response to its comments in 2007, the Government indicates that it is taking steps to bring its legislation into closer conformity with the provisions of the Convention. The Committee also notes the reference made by the Government to a new procedure for pre-embarkation inspection (PEI) of goods imported into the country which is being introduced; and that a decree adopted by the Council of Ministers provides that the label and description of all imported goods must be in Portuguese and that, according to Act No. 5/03 of 22 July 2003 on consumer protection, the goods inspectorate in the exporting country should attest inspection of price and quantity together with technical, commercial and sanitary features, prior to embarkation. The Committee also notes the information provided by the UNTA Trade Union Confederation that the principal institutions pursuant to the Convention are the Ministry of Transport, and the Merchant Marine and Maritime Court. As regards the question of container traffic, the Government indicates that container freight must be handled with maximum security, and trailers must be equipped with security systems that allow containers to be transported in a secure manner. The Committee requests the Government to continue to provide information on the effect given to the provisions of this Convention and on the manner in which the Convention is applied in relation to modern methods of cargo handling, with particular reference to containers, and to indicate any difficulties encountered in this regard.

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The Committee notes that, in response to its comments in 2007, the Government indicates that it is taking steps to bring its legislation into closer conformity with the provisions of the Convention. The Committee also notes the reference made by the Government to a new procedure for pre-embarkation inspection (PEI) of goods imported into the country which is being introduced; and that a decree adopted by the Council of Ministers provides that the label and description of all imported goods must be in Portuguese and that, according to Act No. 5/03 of 22 July 2003 on consumer protection, the goods inspectorate in the exporting country should attest inspection of price and quantity together with technical, commercial and sanitary features, prior to embarkation. The Committee also notes the information provided by the UNTA Trade Union Confederation that the principal institutions pursuant to the Convention are the Ministry of Transport, and the Merchant Marine and Maritime Court. As regards the question of container traffic, the Government indicates that container freight must be handled with maximum security, and trailers must be equipped with security systems that allow containers to be transported in a secure manner. The Committee requests the Government to continue to provide information on the effect given to the provisions of this Convention and on the manner in which the Convention is applied in relation to modern methods of cargo handling, with particular reference to containers, and to indicate any difficulties encountered in this regard.

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1. The Committee notes with regret that, for several years, the Government’s report has contained no response to comments made by the Committee and that relevant national legislation does not contain provisions giving effect to Article 1, paragraph 1, of the Convention. The Committee also notes the observation received from the National Trade Union of Angolan Workers (UNTA-CS). It appears these comments confirm that the Convention is not applied in the country. The Committee notes that the Government, on several occasions, has stated its intention of taking the necessary measures to give effect to this provision of the Convention but that, in recent reports, the Government no longer refers to this intention. The Committee is therefore bound to reiterate its firm hope that the Government will make every effort to ensure that effect is given to this Convention in law and practice. The Committee requests the Government urgently to report on any progress in this matter, including any reply it may deem relevant in relation to the observation by UNTA-CS.

2. With regard to the question of possible difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, the Committee requests the Government to refer to the general observation that it is making on the Convention at the present session.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee notes that the General Labour Act No. 2/00 of 11 February 2000 has been adopted.

The Committee notes that this Act does not contain provisions giving effect to Article 1, paragraph 1, of the Convention, under the terms of which any package or object of 1,000 kg or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel. The Committee therefore notes, as it has been doing for a certain number of years, the absence from the national legislation of provisions giving effect to this Article of the Convention. In this respect, the Committee notes that the Government, in its reports received in 1986 and 1987, stated its intention of taking the necessary measures to give effect to this provision of the Convention. Subsequently, the Committee noted on several occasions the Government's indication that a draft legislative text along these lines was under examination. However, in its last report the Government no longer refers to this draft text. The Committee is therefore bound to reiterate its firm hope that the Government will make every effort to ensure that a legislative text giving effect to Article 1, paragraph 1, of the Convention is adopted in the very near future, and that it will also give effect to paragraph 4 of Article 1, by indicating who is vested with the obligation to have the weight marked.

The Committee trusts that the Government’s next report will contain information on the adoption of a legislative text giving full effect to the Convention.

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The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes that the General Labour Act No. 2/00 of 11 February 2000 has been adopted.

The Committee notes that this Act does not contain provisions giving effect to Article 1, paragraph 1, of the Convention, under the terms of which any package or object of 1,000 kg or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel. The Committee therefore notes, as it has been doing for a certain number of years, the absence from the national legislation of provisions giving effect to this Article of the Convention. In this respect, the Committee notes that the Government, in its reports received in 1986 and 1987, stated its intention of taking the necessary measures to give effect to this provision of the Convention. Subsequently, the Committee noted on several occasions the Government’s indication that a draft legislative text along these lines was under examination. However, in its last report the Government no longer refers to this draft text. The Committee is therefore bound to reiterate its firm hope that the Government will make every effort to ensure that a legislative text giving effect to Article 1, paragraph 1, of the Convention is adopted in the very near future, and that it will also give effect to paragraph 4 of Article 1, by indicating who is vested with the obligation to have the weight marked.

The Committee trusts that the Government’s next report will contain information on the adoption of a legislative text giving full effect to the Convention.

[The Government is asked to reply in detail to the present comments in 2005.]

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The Committee notes the Government’s last report. It notes that the General Labour Act No. 2/00 of 11 February 2000 has been adopted.

The Committee notes that this Act does not contain provisions giving effect to Article 1, paragraph 1, of the Convention, under the terms of which any package or object of 1,000 kg or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel. The Committee therefore notes, as it has been doing for a certain number of years, the absence from the national legislation of provisions giving effect to this Article of the Convention. In this respect, the Committee notes that the Government, in its reports received in 1986 and 1987, stated its intention of taking the necessary measures to give effect to this provision of the Convention. Subsequently, the Committee noted on several occasions the Government’s indication that a draft legislative text along these lines was under examination. However, in its last report the Government no longer refers to this draft text. The Committee is therefore bound to reiterate its firm hope that the Government will make every effort to ensure that a legislative text giving effect to Article 1, paragraph 1, of the Convention is adopted in the very near future, and that it will also give effect to paragraph 4 of Article 1, by indicating who is vested with the obligation to have the weight marked.

The Committee trusts that the Government’s next report will contain information on the adoption of a legislative text giving full effect to the Convention.

[The Government is asked to reply in detail to the present comments in 2004.]

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The Committee notes that the Government's report does not contain a reply to its previous comments. It therefore recalls that, for a number of years, it has been drawing the Government's attention to the absence from national laws of provisions giving effect to Article 1, paragraph 1, of the Convention, under the terms of which any package or object of 1,000 kg or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel.

For over ten years, the Government has been indicating that measures would be taken to give effect to this Article of the Convention and that a draft legislative text was under examination for this purpose. The Committee hopes that the Government will make every effort to ensure that the text in question is adopted in the very near future and that it will also give effect to paragraph 4 of Article 1, by indicating who is under the obligation to have the weight marked.

[The Government is asked to report in detail in 2001.]

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The Committee notes the information supplied by the Government in its latest reports.

For a number of years it has been drawing the Government's attention to the absence from national laws of provisions giving effect to Article 1, paragraph 1, of the Convention, which provides that any package or object of 1,000 kilograms (one metric ton) or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel.

In the reports received in 1986 and 1987, the Government stated that measures would be taken to given effect to this Article of the Convention and that a draft text to that effect was under consideration.

In its latest reports, the Government repeats that the draft text in question is still under discussion. The Committee hopes that the Government will do everything in its power to ensure that the text in question is adopted in the very near future and that it will also ensure the application of the provision of paragraph 4 of Article 1, indicating on whom falls the obligation for having the weight marked.

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The Committee notes from the information supplied by the Government in its report that work on the new draft legislation is under way and that the Committee's comments will be submitted to the legal office of the Ministry of Transport and Communications.

1. The Committee hopes that the new legislation will provide, in accordance with Article 1, paragraph 1, of Convention, that any package or object of 1,000 kg or more gross weight consigned for transport by sea or inland waterway shall have its gross weight plainly and durably marked upon it on the outside before it is loaded.

The Committee hopes that the new text will be adopted in the very near future and requests the Government to supply a copy of it.

2. The Committee refers once again to its general observation of 1987 (see International Labour Conference, 73rd Session, Report III, Part A, p. 86) and requests the Government to supply detailed information in its next report on the manner in which the Convention is applied to containers in both national law and in practice.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has taken note of the Government's reply to its previous comments and has noted that new legislation - of the draft of which was then being discussed - would take these comments into account so that national legislation could be aligned with the Convention.

The Committee hopes that the above draft will be adopted in the near future and that the new text will provide that the weight of any package or object of 1,000 kg or more gross weight shall be plainly and durably marked on the outside of the package or object in question (and not on the documents accompanying it), before it is loaded on a ship or vessel, as prescribed in Article 1, paragaraph 1, of the Convention.

The Committee also noted that, according to the Government's report for the period ended May 1987, the new legislation provided that the obligation for having the weight marked as aforesaid shall fall on the consignor.

The Committee requests the Government to keep it informed of any progress made in the adoption of this draft.

The Committee refers to the general observation on this Convention which it made last year (cf. International Labour Conference, 73rd Session, Report No. III, Part A, p. 86) and requests the Government to provide full particulars in its next report on the manner in which both statutory and practical effect are given to the Convention in respect of containers.