Seafarers' Identity Documents Convention, 1958 (No. 108) - Guinea - Bissau (Ratification: 1977)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note of the Government’s reports on several maritime Conventions. In this regard, the Committee notes the Government’s indication that the Maritime Labour Convention, 2006 (MLC, 2006), has been approved by the Popular National Assembly in 2016 and that it is committed to preparing the declaration foreseen in Regulation 4.5, paragraph 2, to include the coverage of medical care, sickness benefit, old-age benefit and occupational disease benefit. The Committee notes these efforts and requests the Government to provide updated information on progress achieved in this regard. 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.

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requested 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 Committee notes the Government’s indication that only three vessels are flying its flag and that they are obsolete. It further notes that the Government refers to the existence of a draft collective agreement for seafarers covering some of the requirements of the Convention. The Committee requests the Government to provide information on the developments concerning any legislative measure or collective bargaining agreement 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. Recalling that only the competent authority – not the captain – is allowed to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification and 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 requested the Government to indicate the measures taken to give effect to Articles 3 and 4 of the Convention. The Committee takes note of the Government’s indication that there is no naval school in the country, but that it is considering the possibility of accrediting certain existing schools for cooks, which would provide the necessary training and qualification for ships’ cooks. The Committee requests the Government to provide information on any progress achieved in this regard as well as on any other measures taken to give effect to Articles 3 and 4 of the Convention.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. The Committee requested the Government to modify the current cédula de inscricão marítima (seafarer’s identity document) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention. It notes the Government’s indication that measures will be taken to ensure that the cédula de inscricão marítima complies with the requirements of the Convention. The Committee therefore requests the Government to provide a specimen of the modified cédula de inscricão marítima once adopted.

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

The Committee notes with deep 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:

Repetition

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 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 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.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4(2) of the Convention. Seafarer’s identity document – Particulars to be included. The Committee notes the Government’s indication that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. However, the Committee draws the Government’s attention to the fact that Convention No. 108 is not revised by the MLC, 2006, and therefore the comments made under this Convention would not be affected by the preparations for the ratification of the MLC, 2006. The Committee once again requests the Government 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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4(2) of the Convention. Seafarer’s identity document – Particulars to be included. The Committee notes the Government’s indication that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. However, the Committee draws the Government’s attention to the fact that Convention No. 108 is not revised by the MLC, 2006, and therefore the comments made under this Convention would not be affected by the preparations for the ratification of the MLC, 2006. The Committee once again requests the Government 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.

The Committee seizes the opportunity to draw the Government’s attention to the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which revises Convention No. 108 and which was adopted to enhance port and border security, while at the same time facilitating the seafarer’s right to shore leave, by developing a more secure and globally uniform seafarer’s identity document. The Committee requests the Government to provide information on any decisions with regard to the ratification of Convention No. 185.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 4(2) of the Convention. Seafarer’s identity document – Particulars to be included. The Committee notes the Government’s indication that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. However, the Committee draws the Government’s attention to the fact that Convention No. 108 is not revised by the MLC, 2006, and therefore the comments made under this Convention would not be affected by the preparations for the ratification of the MLC, 2006. The Committee again expresses the hope that the Government will modify in the near future 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, and requests the Government to keep the Office informed of any decision taken in this respect.

The Committee seizes the opportunity to draw the Government’s attention to the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which revises Convention No. 108 and which was adopted to enhance port and border security, while at the same time facilitating the seafarer’s right to shore leave, by developing a more secure and globally uniform seafarer’s identity document. The Committee hopes that the Government will consider the possibility of ratifying Convention No. 185 in the near future – ratification which would involve the automatic denunciation of Convention No. 108 – and requests it to keep the Office informed of any decision that it might take in this matter.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4(2) of the Convention. Seafarer’s identity document – Particulars to be included. The Committee notes the Government’s indication that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. However, the Committee draws the Government’s attention to the fact that Convention No. 108 is not revised by the MLC, 2006, and therefore the comments made under this Convention would not be affected by the preparations for the ratification of the MLC, 2006. The Committee again expresses the hope that the Government will modify in the near future 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, and requests the Government to keep the Office informed of any decision taken in this respect.

The Committee seizes the opportunity to draw the Government’s attention to the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which revises Convention No. 108 and which was adopted to enhance port and border security, while at the same time facilitating the seafarer’s right to shore leave, by developing a more secure and globally uniform seafarer’s identity document. The Committee hopes that the Government will consider the possibility of ratifying Convention No. 185 in the near future – ratification which would involve the automatic denunciation of Convention No. 108 – and requests it to keep the Office informed of any decision that it might take in this matter.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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:

Article 4(2) of the Convention. Particulars of seafarers’ identify document. The Committee notes from the specimen identity document (Cedula de Inscricao Maritima) sent by the Government that it still does not contain the required statement that it is the identity document issued for the purpose of the Convention. The Committee requests the Government to include this statement in the identity document and to forward a modified specimen of the identity document.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 4(2) of the Convention. The Committee notes from the specimen identity document (Cedula de Inscricao Maritima) sent by the Government that it still does not contain the required statement that it is the identity document issued for the purpose of the Convention. The Committee requests the Government to include this statement in the identity document and to forward a modified specimen of the identity document.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 4(2) of the Convention. The Committee notes from the specimen identity document (Cedula de Inscricao Maritima) sent by the Government that it still does not contain the required statement that it is the identity document issued for the purpose of the Convention. The Committee requests the Government to include this statement in the identity document and to forward a modified specimen of the identity document.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the photocopy of the identity document provided in the annex.

Article 4(2) of the Convention

The Committee notes that neither the photocopy of the identity document nor the previously sent Cedula de Inscricao Maritima contains the required statement that it is the identity document issued for the purpose of this Convention. The Committee requests the Government to include this statement and to forward a specimen of the modified identity document.

Article 4(6) of the Convention

The Committee requests the Government to provide details of the required consultations with shipowners’ and seafarers’ organizations concerning the precise form and content of the seafarers’ identity document.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret 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 notes from the Government's 1989 report that the number of vessels engaged in the coastal trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

The Committee further draws the Government's attention to the general direct request to forward a specimen of the seafarers' identity document with the 1998 report on the application of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that once again 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 following matters raised in its previous direct request:

The Committee notes from the Government's 1989 report that the number of vessels engaged in the coastal trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

The Committee further draws the Government's attention to the general direct request to forward a specimen of the seafarers' identity document with the 1998 report on the application of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret 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 following matters raised in its previous direct request:

The Committee notes from the Government's 1989 report that the number of vessels engaged in the coastal trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

The Committee further draws the Government's attention to the general direct request to forward a specimen of the seafarers' identity document with the 1998 report on the application of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret 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 notes from the Government's 1989 report that the number of vessels engaged in the coasting trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret 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 notes from the Government's 1989 report that the number of vessels engaged in the coasting trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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 notes from the Government's 1989 report that the number of vessels engaged in the coasting trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 notes from the Government's report that the number of vessels engaged in the coasting trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes from the Government's report that the number of vessels engaged in the coasting trade has increased and that new legislation is envisaged which will give effect to Article 3 of the Convention. The Committee hopes that measures will also be taken to ensure the application of Article 4, paragraph 2, and Articles 5 and 6 of the Convention, and that the Government's next report will contain information on this subject.