Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Brazil (Ratification: 1994)

Articles 4 and 5 of the Convention. Planning and control of crew accommodation. While noting the Government’s explanations concerning the complaint-handling procedure followed by the Regional Coordinations of Port and Waterway Labour Inspection (CORITPAs), the Committee requests the Government to specify how it is ensured that detailed plans of crew accommodation are submitted for approval before the construction of a fishing vessel, and also that fishing vessels are inspected for compliance with crew accommodation standards upon registration or re-registration, or when crew accommodation has been substantially altered or reconstructed, as required under Articles 4 and 5 of the Convention. The Committee recalls, in this respect, that similar requirements are incorporated in paragraphs 10 and 11 of Annex III of the Work in Fishing Convention, 2007 (No. 188), which revises Convention No. 126.

Articles 6(9) and (16); 9, 10(12), (24) and (25); 12(8); and 16(4). Crew accommodation requirements. Further to its previous comment, the Committee notes the adoption of Decree-Order of the Labour Inspection Department-SIT No. 36 of 29 January 2008 approving Annex I to Regulatory Norm No. 30 on maritime labour, which sets out standards on occupational health and safety, hygiene and comfort on board vessels engaged in industrial and commercial fishing. The Committee also notes that NR-30 Annex I has been the result of a long process of tripartite consultations coordinated by the Labour Inspection Department and that it applies to all fishing vessels of at least 12 metres in length or of at least 10 gross tons. While noting the specific requirements on crew accommodation for new and existing fishing vessels contained in Appendices I and II of NR-30 Annex I, the Committee requests the Government to indicate how effect is given to the following provisions of the Convention: Article 6(16) (measures to protect accommodation spaces against the admission of flies and other insects); Article 9 (adequate lighting in all crew spaces); Article 10(12) (berths not to be arranged in tiers of more than two); Article 10(24) and (25) (sleeping rooms to be fitted with curtains for the sidelights and a mirror); Article 12(8)(b) (sanitary accommodation to be watertight up to at least 0.23 metre above the level of the deck); Article 12(8)(d) (water closets to be situated convenient to, but separate from, sleeping rooms and washrooms); and Article 16(4) (galley to be provided with facilities for preparation of hot drinks at all times). The Committee recalls that some of the above requirements are reflected in paragraphs 16, 19 and 29 of Annex III of Convention No. 188.

Part V of the report form. Practical application. The Committee notes that according to the statistical information provided by the Government, in the period 2008–10, 808 inspection visits have been carried out on board fishing vessels, the most frequently observed deficiency being the failure to ensure periodical cleaning of accommodation spaces. The Committee requests the Government to continue providing up-to-date information concerning the practical application of the Convention.