Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the Government’s indication in its reports that it has started the process of ratification of the Work in Fishing Convention, 2007 (No. 188) with tripartite support. The Committee requests the Government to provide information on any development in this regard.

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Fishermen’s Competency Certificates Convention, 1966 (No. 125)

Article 5(2) of the Convention. Obligation to carry a certified mate. The Committee in its previous comments requested the Government to take steps to ensure that all fishing vessels over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations carry a certificated mate, as required by the Convention. The Committee notes the Government’s indication that according to NORMAM-01/DPC, long-haul vessels always require a certified mate, independently from their gross tonnage. The Committee further notes the Government’s indication that it is for the Maritime Authority to determine safe manning levels on vessels, according to article 4, paragraph III of Law 9.537 of 11.12.1997 (LESTA). The Committee notes, however, that according to Section II, item 0110, letters b) and d) of NORMAM-01/DPC, coastal vessels and other vessels under 500 gross tons do not require a certified mate on board. In this regard, the Committee notes that, even though the Brazilian legislation has undergone some amendments since the Committee’s last comment, Section II of NORMAM-01/DPC has not been modified to include the requirement of carrying a certified mate on board coastal vessels and other vessels of over 100 gross registered tons, as required by this Article of the Convention. Accordingly, the Committee requests the Government to amend its legislation in order to bring it into conformity with this requirement of the Convention.

Article 7. Minimum experience required – mates’ certificate. The Committee in its last comment took note of Annex 2-A to NORMAM-13 and requested the Government to provide further details on the professional experience required for the issuance of a mate’s certificate of competency for high seas operations. The Committee notes the Government’s indication that it is for the Maritime Authority to elaborate the standards for the habilitation, registration and certification of seafarers. It has further indicated that NORMAM-13 establishes the rules of procedures related to the entry, enrollment and career of seafarers and, as a consequence, defines the requirements to work on board fishing vessels. In this regard, the Committee recalls that Article 7 of the Convention requires no less than three years’ sea service engaged in deck duties. The Committee notes that the Government did not provide any specific information on this requirement and that from Annex 2-A to NORMAM-13 it is not clear what is the minimum experience required for the issuance of a competency certificate for a mate on board fishing vessels engaged in high seas operations. As a consequence, the Committee requests the Government to indicate the measures taken or envisaged to conform to the minimum requirements of the Convention regarding the issuance of certificates of mates engaged in high seas operations.

Article 9. Minimum experience required – engineers’ certificate. The Committee recalled in its last comment that the Convention requires a minimum of three years’ sea service in the engine room for the issuance of engineers’ certificates of competency whereas Annex 2-A to NORMAM-13 requires a lower minimum experience. The Committee notes that the Government has not yet taken steps to bring the national legislation into line with this requirement of the Convention. The Committee therefore requests the Government to explain the measures taken or envisaged to conform to the minimum requirements of the Convention regarding the issuance of certificates of engineers engaged on fishing vessels.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Articles 4 and 5 of the Convention. Planning and control of crew accommodation. The Committee in its previous comment requested 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. The Committee notes the Government’s indication in its report that every plan of vessels to be built in the country or abroad to be flagged with the Brazilian flag shall be submitted to a preliminary inspection, in conformity with NORMAM 01/DPC and NORMAM 02/DPC. According to the Government, only after the inspection of such plans the Marine Authority can release a Construction License, or an Alteration or Reclassification License, respectively, which demonstrate that the plan is in conformity with the requirements of the above-mentioned NORMAMs and other international relevant standards. Moreover, before registration of any Brazilian vessel at a Port Authority, a Police Station or Agency, a preliminary inspection shall be conducted by a representative of the Maritime Authority. The Government further explains that the Ministry of Labour, by means of labour auditors, carries out inspections in fishing vessels and assesses crew accommodation conditions. The Government specifies that during these inspections, labour inspectors verify, in detail, compliance with Regulatory Norm No. 30 on safety and health of maritime labour (NR-30). The Committee takes note of this information.

Articles 6(16), 9, 10(12), (24) and (25), 12(8), and 16(4). Crew accommodation requirements. The Committee in its last comment took note of Appendices I and II of NR-30 Annex I, which set out standards on occupational health and safety, hygiene and comfort on board vessels – new or existing, respectively – engaged in industrial and commercial fishing, and requested the Government to indicate how effect is given to some specific crew accommodation requirements. The Government has provided detailed information indicating the provisions of NR-30 relevant to the requirements of the Convention. The Committee takes note of this information. However, the Committee notes that the following points still need to be clarified by the Government: (i) Article 6(16) of the Convention requiring measures to protect accommodation spaces against the admission of flies and other insects has not been reproduced in NR-30; (ii) the implementation of Article 9 of the Convention, related to the minimum standards for lighting in crew accommodation spaces, raises the following issues: paragraph 1 is reflected in items 30.7.5 and 30.7.5.1 of NR-30, which require that all crew spaces should be adequately illuminated; however, these items do not clearly indicate that adequate lighting shall be such as to permit a person with normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement; the sentence of paragraph 2, which provides for emergency lighting, is not included in NR-30; paragraph 3, which requires that artificial lighting shall be so disposed as to give maximum benefit to the occupants of the room, is not reproduced in NR-30; paragraph 5, which requires a permanent blue light to be provided in the sleeping room during the night, is not reflected in NR-30; (iii) Article 10(24) of the Convention which pertains to curtains for the sidelights is not reflected in NR-30; and (iv) Article 12(8)(b) of the Convention which requires sanitary accommodation to be watertight up to at least 0.23 meters above the level of the deck, is not reflected in item 10.2.21 of NR-30, which is the reference provided by the Government and which only applies to platforms; and that Article 12(8)(d) which requires water closets to be situated convenient to, but separate from, sleeping rooms and washrooms, is not precisely included in NR-30. In light of the above, the Committee requests the Government to indicate the measures taken to give full effect 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(1), (2), (3) and (5) (lighting in crew accommodation spaces); Article 10(24) (sleeping rooms to be fitted with curtains for the sidelights), and Article 12(8)(b) (sanitary accommodation to be watertight up) and (d) (water closets to be situated convenient to, but separate from, sleeping rooms and washrooms).