Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Guinea-Bissau

Food and Catering (Ships' Crews) Convention, 1946 (No. 68) (Ratification: 1977)
Certification of Ships' Cooks Convention, 1946 (No. 69) (Ratification: 1977)
Medical Examination (Seafarers) Convention, 1946 (No. 73) (Ratification: 1977)
Certification of Able Seamen Convention, 1946 (No. 74) (Ratification: 1977)
Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91) (Ratification: 1977)
Seafarers' Identity Documents Convention, 1958 (No. 108) (Ratification: 1977)

The Committee had previously noted the Government’s indication that a comparative analysis of the Maritime Labour Convention, 2006 (MLC, 2006) and national legislation had been carried out with the Office’s assistance, and that the MLC, 2006, was before the Popular National Assembly for consideration. It had also noted that 22 merchant shipping vessels were registered in the territory of Guinea Bissau. It requests the Government to provide information on any developments with regard to the possible ratification of the MLC, 2006.

The Committee notes with concern that the Government’s reports on a number of maritime Conventions have not been received. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows. It requests once again the Government to provide information on the following points:

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requests the Government to provide updated information on the number of vessels falling within the scope of application of the Convention and on any legislative development giving effect to the Convention.

The Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee had recalled that Convention No. 69 only allows the competent authority – not the captain – to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification, and solely in the event of an inadequate supply of certified ships’ cooks. It had also recalled that it is for the national authority to make arrangements for the holding of examinations and for the granting of certificates of qualification. The Committee requests the Government to provide information on the adoption of measures giving effect to Articles 3 and 4 of the Convention.

The Medical Examination (Seafarers) Convention, 1946 (No. 73). Article 5 of the Convention. Period of validity of the medical certificate. In previous comments, the Committee had requested the Government to specify whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee requests the Government to indicate which of these periods of validity for medical certificates is applicable.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Conditions for certification of able seamen. The Committee recalls the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour. It requests the Government to indicate any progress made in this regard and to transmit a copy of the new legal text once adopted.

The Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91). Article 10 of the Convention. Implementing legislation. The Committee recalls the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Law as no specific law had been adopted on maritime labour. It requests the Government to indicate any legislative amendments undertaken to fully implement the provisions of the Convention, and to transmit a copy of any new legal text.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. In its previous comments, the Committee drew the Government’s attention to the fact that Convention No. 108 was not revised by the MLC, 2006, and therefore the comments made under Convention No. 108 would not be affected by the preparations for the ratification of the MLC, 2006. The Committee requests the Government, once again, to modify the current seafarer’s identity document (cédula de inscricão marítima) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention.